Township of North Lebanon, PA MANDATORY DEDICATION OF PARK AND RECREATION LAND

[Ord. 1B-1994, 3/7/1994, § 1; as amended by Ord. 2-1994, 8/1/1994, § VI; and by Ord. 1-2003, § III]

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.

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]

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.

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.