Intent. To ensure adequate recreational areas and facilities to serve
current and future residents of the Township, the Board of Commissioners
may require the public dedication of suitable land in all subdivisions
and land developments for park and recreation purposes and, upon agreement
with the applicant or developer, for the construction of recreational
facilities, the payment of fees in lieu of, the private reservation
of land or a combination thereof as a condition to or as part of any
final plan approval, in accordance with the Recreation Plan provisions
of the Township Comprehensive Plan, with the following provisions:
Each application for subdivision and/or land development shall set
aside and clearly identify land to be used for open space and recreational
areas. Each residential subdivision and/or land development shall
set aside a minimum of 0.037 acres or 1,600 square feet for each residential
dwelling unit for park or recreational purposes, and each nonresidential
subdivision or land development shall set aside 5% of the land in
the tract proposed to be developed for park or recreational purposes.
An applicant or developer, pursuant to the development of land in the RMD, RMHD or RHD District or utilizing any planned residential development provision, mobile home parks development standards or RMHD Overlay District, Cluster Development Overlay District, Open Space District or Continuing Care Retirement Community District shall receive a fifty-percent credit towards the requirements of this section for any land reserved for open space pursuant to any provision within Chapter 300, Zoning, requiring recreational facilities or open space.
The determination of the suitability of land which is acceptable
for dedication or use for park or recreational purposes shall be based
on the following additional criteria:
The land must be readily accessible to all residents or expected
users of the development by virtue of at least one side of the site
abutting a public street for a minimum distance equivalent to the
required minimum lot frontage of the corresponding zoning district.
The shape of the land shall be suitable to accommodate those park
or recreational activities appropriate to the location and needs of
the residents, expected users and potential future development of
the site.
Such land shall comply with the provisions of Township Code §§ 300-60, Flood and floodplain protection, and 300-62, Steep slope protection, and in no case shall more than 30% of the land be contained within the boundaries of a floodplain, wetland or steep slope area.
Provisions shall be made for vehicular parking so that any site can be adequately served and accessed pursuant to the provisions of § 300-84 of the Township Code (Required parking for specific uses). The Board of Commissioners may permit the use of on-street or other specified reserved parking with the development to satisfy this requirement.
Provisions shall be made for trails, footpaths, bicycle paths, crosswalks
and other pedestrian circulation systems and accessways in order to
access the land from within the development as well as from adjoining
developments and neighborhoods.
The overall design of all park or recreational land shall be in accordance
with the Guidelines of the National Recreation and Park Association
(NRPA) in their Park, Recreation, Open Space and Greenway Guidelines,
dated 1995, as may be amended from time to time.
Sites designated for recreation land shall not contain lands
with natural resources or other restrictions, including but not limited
to stormwater detention facilities, buffers, conservation or similar
easements, rights-of-way or lands designated for any other purpose.
Configuration of the recreation area must be able to accommodate
recreation activities proposed by the development plans. The required
area shall not include narrow or irregular pieces which are remnants
from lotting and/or street and parking areas.
On-site improvements shall be commensurate with the adjacent
on-site development improvements, including but not limited to grading,
curbing, stormwater management, landscaping and utilities.
Open space which is required to be set aside as part of development standards required by Chapters 265 and 300 of the Township Code or other use which requires open space shall be provided in addition to the recreation land required by this article. Where both open space and recreational land are required, the mandatory dedication of recreation land shall be met in addition to the requirements for open space subject to the provisions of the above Subsection A(2).
If the Board of Supervisors deems it to be in the public interest
to accept dedicated land for recreational purposes, such acceptance
shall be by resolution of the Board of Commissioners and acceptance
of a deed of dedication from the developer.
If the Board of Supervisors determines that recreation land dedication
would not be in the public interest, such recreation land shall be
owned and maintained by an entity that the Board of Supervisors determines
is acceptable to ensure proper long-term oversight and maintenance
of the land. This may be any of, but not limited to, the following,
providing such entity agrees to accept such land for permanent recreation
purposes:
Retention by the owner of the development if such dwelling units
are to be rented, subject to restrictions acceptable to the Township
which shall ensure the perpetual dedication of the land for recreational
use.
Dedication to a homeowners' or condominium association, with
such agreement subject to approval of the Board of Commissioners,
after review by the Township Solicitor.
Recreation land not dedicated to the Township shall include deed
restrictions to permanently restrict its use for recreation and to
prohibit the construction of buildings on the land, except buildings
for noncommercial recreation or to support maintenance of the land.
Where, upon formal agreement with the applicant or developer, it
is determined that the dedication of all or any portion of the land
area required for recreational purposes is not feasible under the
criteria set forth in this article, the Township shall require the
applicant or developer to pay a fee in lieu of dedication of any such
land or to construct recreational facilities in lieu of recreation
land dedication to the Township as follows:
The calculation of the fee in lieu of dedication shall be set from
time to time by resolution of the Board of Commissioners and in accordance
with the Recreation Plan provisions in the Township Comprehensive
Plan and shall further bear a reasonable relationship to the use of
park and recreation facilities by future residents.
Any recreation fees collected under this section shall be placed
within an interest-bearing Recreation Fee Account which shall function
as a capital reserve fund and shall be accounted for separately from
other Township funds.
All fees and interest within the Recreation Fee Account shall
only be used for acquisition of recreation land, development of and
capital improvement to public recreation facilities, landscaping of
recreation land, engineering, legal, planning, architecture, landscape
architecture, and the payment of debt directly resulting from such
expenditures. Such fees specifically shall not be used for maintenance,
routine repairs, operating expenses or recreational programs.
Fees required under this section shall be paid prior to the recording
of the applicable final plan. If requested by the applicant or developer,
the Board of Commissioners may allow such fees to be paid in installments
or prior to the issuance of each building permit.
For the purpose of determining limits for the time within such funds
are required to be expended under state law, such time limit shall
begin when the total fees related to the final approval are paid in
full, and not from the date of payment of any portion of such fees.
Upon written request by the applicant or developer, the Township shall
refund such fee, plus interest accumulated thereon from the date of
payment, if the Township has failed to utilize the fee paid for the
purposes set forth in this section within three years unless the fee
in lieu of dedication and/or subdivision/land development agreements
provide otherwise.