[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). 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.
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, shall be utilized to complement existing resources conserved
as per the common open space requirements defined in the North Strabane
Township Zoning Ordinance.
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.
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[1]
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Defined by § 1102, Subsection 3.
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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.
[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.
[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))
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where:
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a
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=
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fee per dwelling unit
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b
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=
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the number of dwelling units elected to be included in the dedication
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c
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=
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2,000 square feet per single-family dwelling unit or 1,500 square
feet per multifamily dwelling unit
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d
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=
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total number of units in the proposed residential development/subdivision
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Example No. 1: Fulfills Combined Requirements
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Total Dedication
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=
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($800 x 50) + (2,000 square feet x (100 - 50)
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=
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($40,000) + (2,000 square feet x 50)
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=
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($40,000) + (100,000 square feet)
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=
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$40,000 + 2.3 acres
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Example No. 2: Fulfills Combined Requirements
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Total Dedication
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=
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($800 x 200) + (2,000 square feet x (300 - 200)
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=
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($160,000) + (2,000 square feet x 100)
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=
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($160,000) + (200,000 square feet)
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=
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$160,000 + 4,6 acres
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=
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($800 x 10) + (2,000 square feet x (30-10)
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Total Dedication
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=
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($8,000) + (2,000 square feet x 20)
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=
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($8,000) + (40,000 square feet)
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=
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$8,000 + 0.92 acres
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4. All provisions of §
1102, Recreation Open Space Requirements, and §
1103, Fee-in-Lieu Requirements, shall pertain to this section, where applicable.