[Ord. 76, 9/8/1982, § 507; as added by Ord. 1997-5, 9/10/1997]
1. Upon its review of a plan for subdivision or land development, the Township Planning Commission shall consider the open space and recreational needs of the additional residents that will result upon implementation of the subdivision or land development, discuss its findings and the further requirements of this section with the subdivider or land developer as it deems necessary in the furtherance of the public interest and the provisions of this section, and make such report thereon as it deems necessary for consideration by the Board of Supervisors in its review and processing of the development application.
2. Subdividers and land developers shall be required to provide or reserve areas for facilities normally found in residential neighborhoods, including open space, parks, playgrounds, and playfields. Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking appropriate to the types of facilities required or likely to be developed in the future. Prior to the preparation of recordable plans, subdividers and land developers shall review with the Township Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
3. In residential subdivisions or land developments which are proposed to contain, or by re-subdivision could contain, 10 or more residential units, the developer shall be required to set aside, design and develop for park, open space and recreation area(s) (hereinafter called "POR") for use of the residents within the development. The amount of land set aside for such purposes shall be determined by application of the following formula:
| Number of Approved Dwelling Units per Acre | Required Park and Recreation Area for Each 10 Dwelling Units |
|---|
| Less than 2 | 10,000 square feet |
| 2 or more, less than 5 | 12,000 square feet |
| 5 or more | 16,000 square feet |
4. In residential subdivisions proposed to contain fewer than 10 dwelling units, or in those residential subdivisions where application of the requirements and/or standards of Subsection
1 or
3 is impracticable, or in those instances in which the Board of Supervisors, in the exercise of its discretion, shall determine, this section requires the payment of a fee in lieu of the dedication of the minimum acreage of open space otherwise required by application of Subsection
1 of this section.
5. The amount of any fee in lieu of land for POR areas shall be a flat fee based upon the number of dwelling units proposed to be created by the subdivision or land development. Such fee shall be fixed from time to time by the Board of Supervisors in a resolution designated for that purpose. All monies collected in lieu of land shall be retained by the Township in a capital reserve fund to be designated the "East Fallowfield Park, Open Space, and Recreation Reserve Fund," which shall be expended only for the acquisition of POR land or for capital improvements for POR land within the Township at such locations as shall be selected by the Board for community or neighborhood parks. This fund will be administered in accordance with the requirements of 53 P.S. § 10503(11).
6. In designating areas for POR within a subdivision or land development, the following criteria and standards shall be followed by the subdivider or land developer. All land designated for the foregoing purposes shall be:
A. Suitable for both active and passive recreational uses to the extent deemed necessary by the Board of Supervisors, based on recommendations or with the input of the Planning Commission. Such areas shall not interfere with the use of adjacent dwelling units, parking, driveways, and roads. Active recreational uses include, but are not necessarily limited to, play fields, ball fields, tennis and racquetball courts, basketball courts, fitness trails, picnic areas, recreational buildings, and similar facilities. The minimum area required for active recreational open space use, which shall be comprised of ground suitable for development and construction of recreation-related improvements and uses thereon, shall not be less than 50% of the total required POR and shall be located or designated as determined by the Board of Supervisors.
B. Comprised of no more than 30% of environmentally sensitive lands, including floodplains, woodlands, surface waters, and steep slopes.
C. Comprised of areas not less than 100 feet in width, except when part of a trail system or pathway network.
D. To the extent possible, interconnected with common POR areas on abutting parcels wherever possible, and also interconnected by pedestrian pathways for general public use to create a linked pathway system within the Township. The POR shall be accessible to all dwelling units within the development, either by abutting the POR or over easements expressly dedicated for that purpose, but must, nevertheless, be accessible by one or more public streets.
E. Provided with sufficient parking when determined reasonably necessary by the Board of Supervisors for the residents' safe and convenient access and utilization of the POR, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic, and containing customary and appropriate access improvements.
F. Free of all buildings and structures, except those related to POR use.
G. Suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan designed to enhance POR areas by utilization of plantings which are consistent with the purposes of this subsection, which minimize maintenance costs, and which comply with this section, as applicable.
H. Made subject to such declarations, restrictions and covenants, which shall be recorded in the Office of the Recorder of Deeds in and for Chester County, Pennsylvania contemporaneously with recordation the final plan, as may be required by the Board of Supervisors for the purpose of preservation, maintenance and improvement of the POR for its intended purposes. Ownership of the POR may be in a homeowners association or corporation organized and existing solely for such purpose. Provided, however, the declaration may be required to contain provisions which provide, for an irrevocable offer to dedicate the POR to the Township as public POR lands, Nothing herein contained shall be construed to require the Township to accept dedication of any POR.
7. It shalt be incumbent upon the subdivider or land developer to preserve and protect all natural features in any POR, such as trees, water courses, steep slopes, natural drainage areas, historic area and structures, and similar community assets, which will add attractiveness and value to the remainder of the subdivision. Trees shall not be disturbed or removed without the designated approval of the Planning Commission, made a part of the subdivision and land development plan approval, unless in strict compliance with the Township Zoning Ordinance [Chapter
27] and this chapter and any Township ordinance governing timber harvesting. Wherever feasible in the opinion of the Planning Commission and the Board of Supervisors, natural, vegetation shall be retained and protected and grade alterations shall be kept to a minimum.