All residential subdivisions and land developments shall provide park and open space land which shall be dedicated to the Borough. The developer may request that the Borough not require the dedication of land, and any such request should be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the guidelines 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 and open space usage shall be a single lot which shall comply with applicable requirements of this chapter, Chapter
320, Zoning, and the following requirements:
(1) The park and open space land shall be reasonably located so as to serve all the residents of the subdivision or land development.
(2) 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 and open space.
(3) In the event that the tract contains natural features which are worthy of preservation, the developer may request that the Borough Council permit the provision of recreational land configured in such a manner as to best preserve natural features.
(4) The park and open space land shall be accessible from a public street or shall adjoin and become part of an already existing public park or open space area which is accessible from a public street.
(5) The park 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 and open space land.
(6) If the adjoining property has previously been developed and recreational land has been provided at the boundary of that previously developed property, the Borough Council shall require that the park and open space land required of the development be located adjoining the previously provided recreational land.
(7) If the adjoining property is undeveloped land, the Borough Council shall require that such land be provided at the property boundary of the development in order that it may be added to land provided for park and open space purposes on the adjoining tract at such time that the adjoining property is developed.
B. Consistent with the standards of the National Recreation and Park Association (NRPA) and the Cocalico Region Recreation, Parks and Open Space Plan, the amount of park and open space land required to be dedicated shall equal at least one acre per 100 projected residents or fraction thereof. The developer shall provide the Borough with information concerning the estimated population density based upon the number and type of dwelling units proposed. In the event of a dispute as to the estimated population of the proposed residential subdivision or land development, the determination of Borough Council shall control.
C. The developer may request that the Borough Council permit the provision of park 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 recreational facilities, the private reservation of land or any combination of dedication, fees, construction of recreational facilities, or private reservation.
(1) In-lieu fees.
(a) If a fee in lieu of dedication is proposed by the developer and approved by Borough Council, said fee shall be equal to the average fair market value of the land otherwise required to be dedicated under this section. The formula to be used in computing the fee based upon fair market value shall be as follows:
| N x (average FMV of 1 acre) = fee |
| Where: |
|---|
| | N | = | the number of acres required to be dedicated for park and open space purposes, calculated in accordance with § 265-48B; and |
|---|
| | FMV | = | fair market value |
(b) The applicant shall provide the Borough Council with all information necessary to determine the fair market value of the land, including, but not limited to, the following:
[1] If the applicant is the equitable owner or purchased the land in fee simple less than two years prior to the preliminary or final plan submission, a copy of the agreement of sale or real estate transfer tax affidavit of value.
[2] If the applicant is the equitable owner or purchased the land in fee simple more than two years prior to the preliminary or final plan submission, an opinion of value of the property by a state-certified appraiser acceptable to Borough Council.
(c) Any applicant aggrieved by the fee established shall have the right to secure a second opinion of value of the property by a state-certified appraiser acceptable to Borough Council. The two estimated values shall be averaged, with the result being the amount upon which the fee will be based.
(d) Such fee shall be payable to the Borough prior to the recording of each final phase of the plan and shall be in an amount equal to the percentage of the total number of dwelling units in the phase.
(e) All fees shall be held and used by the Borough in accordance with the requirements of Article
V of the Municipalities Planning Code.
(2) If the developer proposes to construct recreational facilities, the developer shall present a sketch plan of such facilities and an engineer's estimate of the cost of construction.
(3) If the developer proposes the private reservation of land, the developer shall provide for the maintenance of such land through either the inclusion of such land as common elements of a condominium or the creation of a homeowners' association which shall meet the requirements for a unit owners' association contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall be recorded, shall provide that the land cannot be further developed, and shall give the Borough the rights to maintain the land as set forth in Article
VII of the Municipalities Planning Code dealing with the maintenance of common open space in planned residential developments. Notwithstanding the foregoing, the developer may request that the Borough Council approve transfer of the land to an organization dedicated to the conservation of natural resources with deed restrictions preventing further development acceptable to the Borough Solicitor.
(4) The developer shall enter into an agreement with the Borough setting forth the fees to be paid, the facilities to be constructed or the land to be privately reserved, and the method of its maintenance. All such agreements shall be in a form satisfactory to the Borough Solicitor and shall be provided prior to final plan approval.