The applicant shall dedicate land suitable for park or recreational use to the Township, unless one of the alternatives set forth in §
122-111 is agreed to by the Township and the applicant. The land shall be dedicated to the Township as a condition of final plan approval, and no lots shall be sold or built upon until and unless the actual transfer of title has been completed or guaranteed to the satisfaction of the Board. The requirements of this chapter shall be in addition to any other Township requirements for dedication of open space.
The amount and location of land to be dedicated to the Township
shall be 10% of the total lot area of a proposed subdivision or land
development.
A. The land dedicated to the Township for park and recreation purposes
need not be a part of the land development or subdivision. It may
be located on a separate parcel of land, provided that, in the sole
discretion of the Board of Supervisors, it is convenient to the future
inhabitants of the subdivision or land development. In addition, the
applicant, with the approval of the Township, may dedicate land or
construct park and recreation facilities at Township facilities, a
public school situated within the Township, or the facilities of another
developer to satisfy the requirements of this section.
B. No more than 25% of the minimum land area required for park and recreation
land may consist of floodplain areas, wetlands, or areas with slopes
in excess of 8%. Floodplains, wetlands, and steep slopes may not be
used for active recreation.
C. The minimum land area required for park and recreation shall not
include land designed for retention/detention basins in connection
with required stormwater management nor contain fuel, power or other
transmission lines, whether underground or overhead.
D. The land to be dedicated must be suitable for active or passive recreation
by reason of its size, shape, location, and topography and shall be
provided with safe and direct access, either by adjoining public road
frontage or public easements, which shall be no less than 25 feet
in width.
E. Areas shall comprise a single parcel of land, except where the Board
shall determine that two or more parcels would be in the public interest.
F. The area dedicated may not be used in calculating density.
When land is dedicated, acceptance by the Township shall be
by means of a signed resolution to which a property description of
the dedicated recreational area shall be attached. All changes and
agreements shall eventually be listed directly on the signed final
plans. A fee-simple warranty deed conveying the property shall be
delivered to the Township with title free and clear of all liens and
encumbrances except for public utility easements. In no event shall
the Township be required to accept dedication of park and recreational
areas.
Any land dedicated to the Township shall be used only for the
purpose of providing park and recreational facilities. The types of
recreational facilities shall be designed and constructed as provided
in the Township Park and Recreation Plan and be deemed to include
but not be limited to:
A. Playground equipment and surfaces.
B. Playfields (baseball fields, football fields, soccer fields or the
like, designed for active recreation).
D. Tot lots (small playgrounds especially designed for young children).
G. Jogging paths with exercise stations.
H. Bicycle and walking trails.
J. Utility services (electric, water fountains and toilet facilities).
K. Landscaping, earth shaping and plant materials.
L. Picnic facilities and benches.
N. Lighting facilities related to park and recreation facilities.
The Board of Supervisors shall adopt a formal Park and Recreation
Plan for Franconia Township by resolution. Future park and recreational
facilities proposed within the Township shall be in accordance with
principles and standards contained in the plan. The plan may be amended
from time to time by resolution of the Board of Supervisors.