[Ord. 1B-1994, 3/7/1994, § 1; as amended by Ord.
2-1994, 8/1/1994, § VI; and by Ord. 1-2003, § III]
1. The Board of Supervisors have adopted a Comprehensive Recreation,
Park and Open Space Plan for North Lebanon Township. To implement
this Plan, all residential subdivisions and land developments shall
be provided with park and recreation land which shall be dedicated
to the Township. The developer may request that the Township not require
the dedication of land and any such request shall be accompanied by
an offer to pay a fee in lieu of dedication of the land, computed
in accordance with the regulations provided herein, an offer to construct
recreational facilities and/or an offer to privately reserve land
for park or recreation purposes.
A. The land reserved for park, recreation and open space usage shall
be a single lot which shall comply with the requirements of this Part
and the recommendations of the North Lebanon Township Comprehensive
Recreation, Park and Open Space Plan. No more than 15% of the lot
shall consist of floodplain, wetlands, steep slopes utility easements
or right-of-ways, or other features which shall render the lot undevelopable.
No stormwater management facilities designed to retain or detain water
from other portions of the development shall be permitted on such
land reserved for park, recreation and open space usage.
(1)
In the event that the tract of land contains features which
are worthy of preservation, the Board may require that the park, recreation
and open space land be configured in such a manner as to best preserve
the natural features.
(2)
The park, recreation and open space land shall be accessible
to utilities such as sewer, water and power that are provided with
the subdivision, and if so requested by the municipality that will
accept dedication of the land, the developer shall extend such utilities
to the park, recreation and open space land.
(3)
If the adjoining property has previously been developed and
recreation land has been provided at the boundary of that previously
developed property, the Board may require that the park, recreation
and open space land be located adjoining the previously provided recreation
land.
(4)
If the adjoining property is undeveloped land, the Board may
require that the park, recreation and open space land be provided
at the boundary of the development in order that it may be added to
land provided for park and recreation purposes on the adjoining tract
at such time that the adjoining tract is developed.
(5)
The minimum area of land offered for dedication shall be two
acres.
[Added by Ord. No. 6-2020, 6/15/2020]
B. The Board of Supervisors will establish by resolution the required
minimum acreage to be reserved by developers for park, recreation
or open space land based on the number of lots within the subdivision.
C. The developer may request that the Board permit the provision of
park, recreation and open space land other than through public dedication
of land as set forth above. The developer shall set forth, in writing,
the means by which he will fulfill this requirement which may include
the payment of a fee in lieu of dedication of all or a portion of
the amount of land required to be dedicated, construction of recreation
facilities or any combination of dedication, fees or construction
of recreational facilities.
(1)
If a fee in lieu of land dedication is proposed by the developer, said fee shall be the fair market value of the land required to be dedicated under Subsection
1B above or in an amount as established by resolution of the Board of Supervisors. Payment of all such fees shall be a condition of final plan approval, and no plans shall be signed by the Board until such fees are paid. If the developer elects to pay a fee equal to the fair market value of the land, the Board shall be provided with the information necessary to determine that fair market value of the land, including, but not limited to, a copy of the agreement of sale if the developer is an equitable owner and has purchased the land within the past two years, or an appraisal of the property conducted by an MAI appraiser acceptable to the Township. Fair market value shall be computed by dividing the total price for the tract by the number of acres within the tract and multiplying that number by the amount of land required to be dedicated.
[Amended by Ord. No. 6-2020, 6/15/2020]
(2)
If the developer proposes to construct recreational facilities,
the developer shall present a sketch plan of such facilities and an
estimate of the cost of construction. The proposed sketch and estimated
cost shall be subject to approval by the Township.
(3)
The developer shall enter into an agreement with the Township
setting forth the fees to be paid, the facilities to be constructed
or the land to be dedicated. All such agreements shall be provided
prior to final approval of the plan and shall be satisfactory to the
Board of Supervisors.
(4)
All proposals for dedication shall be submitted to the North
Lebanon Township Park and Recreation Board for review. The Park and
Recreation Board shall review the proposal for conformance with this
Part and the provisions of the Comprehensive Recreation, Park and
Open Space Plan, and shall submit their recommendations to the Board
of Supervisors.
(5)
When the developer develops a tract of land consisting of more
than 40 acres wherein the developer will be providing on-site recreational
facilities for those who reside within the development and where the
developer will be paying an amount equal to the applicable park and
rec fees for the construction and development of the on-site recreation
facilities, the Board of Supervisors may enter into an agreement with
the developer to provide for a reduction in the park and rec fees
in such amount as the Board of Supervisors determine where the reduction
will not be in excess of 30% of the applicable park and rec fees.
[Res. 7-1999, 2/15/1999; as amended by Ord. No. 6-2020, 6/15/2020]
1. The minimum acreage of land which shall be reserved as park, recreation,
or open space for each residential lot created in a subdivision or
each dwelling unit created in a land development shall be established
by resolution of the Board of Supervisors.
2. Notwithstanding the foregoing, in all cases the minimum area of land
reserved as park, recreation, and open space land shall be two acres.