[Ord. No. 386, 4/14/2020]
1. 
To conserve, enhance and promote the use and retention of common space and recreation areas.
2. 
To develop a network of recreation land, parks, and space and trails.
3. 
To promote a spirit of community through the development, conservation and preservation of quality natural resources and parks and recreational areas.
[Ord. No. 386, 4/14/2020]
1. 
Overview.
A. 
If a landowner and/or developer elects to dedicate land for recreation open space as part of a proposed land development or subdivision, a portion of the land for recreation open space may be located within the development's required common open space (as defined by the Township Zoning Ordinance[1]). The portion of land dedicated for recreation open space shall not occupy more than 75% of the development's total required open space. No land designated as a buffer yard (as defined by the Township Zoning Ordinance) shall be included within land dedicated for recreation open space. All required buffers and open space shall be located on its own parcel.
[1]
Editor's Note: See Ch. 27, Zoning.
B. 
Recreation open space shall be dedicated for recreational uses, either passive, active, or a combination of active and passive.
C. 
If a developer/landowner of a proposed residential development and/or subdivision elects not to dedicate any land for recreation open space, the provisions of § 1103, Fee-in-lieu Requirements, shall apply.
D. 
If a developer/landowner of a proposed residential development and/or subdivision elects not to dedicate the area of recreation open space required in its entirety based upon the calculations of Subsection 3, the provisions of § 1104, Combined Recreation Open Space Dedicated/Fee-in-Lieu Requirements, shall apply.
2. 
Ownership and Maintenance.
A. 
Recreation open space provided as part of the residential land development/subdivision will either be dedicated to the public for use by the public, or shall be deeded to a homeowner's association to remain available for use by the occupants of the residential land development/subdivision.
B. 
The developer or homeowner's association shall provide all relevant bonds/agreements to the Township to ensure that the recreation open space shall be properly maintained by the developer or homeowner's association.
C. 
If the recreation open space is offered for public dedication by the developer or homeowner's association, the Township reserves the right to accept the ownership and maintenance responsibility for the recreation open space if said open space is generally consistent with the Township's Comprehensive Parks, Recreation and Open Space Plan, other parks and recreation objectives, or for other community development reasons.
D. 
In the event that the organization established to own and maintain recreation open space or any successor organization shall at any time after establishment of the land development/subdivision fail to maintain the recreation open space in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon such organization, or upon the residents of the land development/subdivision, setting forth the manner in which the organization has failed to maintain the recreation space in reasonable condition.
E. 
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the land development/subdivision and to prevent the recreation open space from becoming a public nuisance, may enter upon the recreation open space and perform maintenance as necessary. The maintenance performed by the Township shall not constitute a taking of the recreation open space nor vest in the public any rights to use the same.
F. 
The pro-rata cost of such maintenance by the Township shall be assessed ratably against the properties within the land development/subdivision that have a right of enjoyment of the recreation open space and shall become a lien on the properties. The Township, at the time of entering upon the recreation open space for the purpose of maintenance, shall file a notice of lien in the Washington County Office of the Prothonotary upon the properties affected by the lien within the land development/subdivision.
3. 
Unit of Dedication. For subdivision or land developments, a minimum of 2,000 square feet of land per single-family dwelling unit and 1,500 square feet of land per multifamily unit shall be reserved for recreation open space.
4. 
Applicability. The land dedication for recreation open space shall be applicable for any residential land development/subdivision that is at least five acres in size and contain at least five dwelling units.
5. 
Accessibility.
A. 
Land dedicated for recreation open space shall be located to serve all occupants of the residential development/subdivision or accessible to each dwelling unit through a dedicated easement(s) or right-of-way(s).
B. 
The developer shall provide pedestrian improvements between a dwelling unit and such easement(s)/right-of-way(s) where direct access from a dwelling unit to the recreation open space is not provided. Pedestrian improvements may include bike paths, stone trails, concrete or asphalt walkways, and shall comply with any other applicable Township standards for pedestrian facilities.
C. 
If land for recreation open space is dedicated or intended to be dedicated to the Township, parking and vehicular access to such open space shall be provided. The number of parking spaces and extent of vehicular access shall be determined by the Township and shall be dependent upon the type of activities proposed for such open space.
D. 
If land for recreation open space is dedicated or intended to be dedicated for private use and, subsequently, not to the Township, parking and vehicular access shall be determined in accordance with applicable Township ordinance requirements.
E. 
Any improvements for parking and/or vehicular access to land for recreation open space, whether for private or public use, shall be constructed in accordance with Township construction standards.
6. 
Size/Location.
A. 
For access and visibility, the recreation open space shall have a minimum frontage of 100 feet on an existing or proposed street or shall adjoin an existing park or common open space that is accessible from a street. If such frontage is located on a private street, the Township shall reserve the right to decline ownership and maintenance responsibility for the recreation open space if offered by the developer.
B. 
Recreation open space shall be within 150 feet of an existing or proposed public street or shall be visible from said street if the recreation open space does not have frontage on said street.
C. 
Land shall be accessible to sewer, water and other public utilities.
7. 
Shape.
A. 
To the greatest extent possible, recreation open space shall be a single, compact and contiguous area.
B. 
Where feasible, the majority of the recreation open space's perimeter shall not be shared with the parcel boundary of the residential development/subdivision.
C. 
The shape shall accommodate the general standards for the intended proposed recreation activities/facilities.
8. 
Environmental Constraints.
A. 
At least 50% of the recreation open space shall be located on generally level land. Generally level land shall be considered as slopes with a natural gradient less than 10% and for man-made slopes with a gradient less than 5%.
B. 
The dedicated recreation open space land shall not contain wetlands as defined/classified/recognized by the U.S. Fish and Wildlife Service, floodplains delineated on FEMA FIRM maps, or stormwater facilities constructed as a part of the residential development/subdivision.
C. 
Developers shall minimize conflicts between proposed landscaping (including trees, shrubs and groundcover) and active recreation areas. All land, at a minimum, shall be seeded with grass cover. Trees, in accordance with species defined in the landscape/buffer yard standards of the North Strabane Township Zoning Ordinance,[2] shall be utilized to complement existing resources conserved as per the common open space requirements defined in the North Strabane Township Zoning Ordinance.
[2]
Editor's Note: See Ch. 27, Zoning.
9. 
Documentation shall be provided to demonstrate/confirm that the dedicated land is free from legal encumbrances and liens.
10. 
Timing of Dedication.
A. 
Land shall be dedicated for park/recreation use at the time that the subdivision is recorded with Washington County. If the land development/subdivision occurs in phases, the Township may, at its discretion, allow the overall area of land required for park/recreation development to be dedicated, either in whole or in part, in a later phase(s) of the land development/subdivision. If the Township permits such dedication to occur, the landowner and/or developer shall post financial security to the Township equivalent to that defined by resolution, as amended, at the time that the first phase of the subdivision/land development is recorded. The posted financial security shall be returned to the landowner and/or developer upon completion of said park/recreation development. The area of land to be dedicated for park/recreation use per development phase shall, at a minimum, be equal to the following equation:
Minimum land dedication per development phase = Unit of Dedication [1] Multiplied by the total number of units in the proposed land development/subdivision phase.
[1]
Defined by § 1102, Subsection 3.
B. 
In the event that more than the minimum land dedicated per development phase is provided in a development's early phase(s), the developer shall not be required, in a subsequent phase(s), to provide more than the total minimum land dedicated for the entire subdivision.
11. 
Modifications/Waivers. If land to be dedicated totals less than three acres, the Board of Supervisors may waive or modify the above requirements if such land is identified for a different purpose as part of the Township's Comprehensive Park, Recreation and Open Space Plan.
12. 
Any land dedicated to the public shall be maintained in accordance with § 503(11) of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10503(11).
[Ord. No. 386, 4/14/2020]
1. 
In lieu of the dedication of land for recreation open spaces, a developer shall pay a recreation fee to the Township for the provision of parks and recreation.
2. 
The recreation fee requirements may be amended, adopted by resolution, and published on an annual basis.
A. 
By January 31 of each year, the Township shall update, as applicable, the fee per dwelling unit. The updated fee shall be calculated based upon the annual change in the Consumer Price Index (CPI) as reported by the federal government.
B. 
Every fifth year, the Township may update the fee per dwelling unit based upon findings from the analysis of current sale prices of vacant land within the Township. Sale price data utilized for the update shall, at a minimum, include that from the current and prior year.
3. 
The fee set by the Township (referenced by resolution) shall be calculated based upon the following formula:
Recreation Fee = fee per dwelling unit multiplied by the total number of dwelling units proposed in the land development/subdivision.
4. 
To minimize the incremental subdivision of land for the purpose of avoiding the dedication of recreation open space or recreation fee, the Township reserves the right to apply an alternative fee other than defined by § 1103. Situations in which the alternative fee may be applied include:
A. 
Undeveloped land upon which fewer than five dwelling units could be constructed;
B. 
Developed land that could potentially continue to be subdivided or further developed at a later date.
5. 
Any fee collected by the Township shall be maintained, expended, and refunded in accordance with § 503(11) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10503(11).
[Ord. No. 386, 4/14/2020]
1. 
If desired, a developer may combine the dedication of recreation open space with a recreation fee in order to fulfill the requirements of these provisions.
2. 
The combination of the dedicated recreation open space and recreation fee shall be permitted if a developer intends to dedicate at least a minimum of $25,000 in recreation fees and at least a minimum of one acre of open space.
3. 
Calculating the combination of dedicated recreation open space and recreation fees shall be based upon the following formula:
Total dedication = (a x b) + (c x (d-b))
where:
a
=
fee per dwelling unit
b
=
the number of dwelling units elected to be included in the dedication
c
=
2,000 square feet per single-family dwelling unit or 1,500 square feet per multifamily dwelling unit
d
=
total number of units in the proposed residential development/subdivision
Example No. 1: Fulfills Combined Requirements
Total Dedication
=
($800 x 50) + (2,000 square feet x (100 - 50)
=
($40,000) + (2,000 square feet x 50)
=
($40,000) + (100,000 square feet)
=
$40,000 + 2.3 acres
Example No. 2: Fulfills Combined Requirements
Total Dedication
=
($800 x 200) + (2,000 square feet x (300 - 200)
=
($160,000) + (2,000 square feet x 100)
=
($160,000) + (200,000 square feet)
=
$160,000 + 4,6 acres
=
($800 x 10) + (2,000 square feet x (30-10)
Total Dedication
=
($8,000) + (2,000 square feet x 20)
=
($8,000) + (40,000 square feet)
=
$8,000 + 0.92 acres
4. 
All provisions of § 1102, Recreation Open Space Requirements, and § 1103, Fee-in-Lieu Requirements, shall pertain to this section, where applicable.