[Ord. 208, 9/25/2012]
To provide adequate open spaces, recreational lands and recreational
facilities to serve new inhabitants of new developments, for both
active and passive recreation, and to recognize and implement the
Smithfield Township Comprehensive Plan.
[Ord. 208, 9/25/2012]
1.
This
Section shall apply to any subdivision for which a preliminary plan
or a combined preliminary/final plan and any land development for
which a plan is submitted after the enactment date of this amendment.
A.
In conformance
with the Pennsylvania Municipalities Planning Code, this Section requires
the public dedication of land suitable for park land, noncommercial
recreational uses, preserved open space, and the construction of recreational
facilities. Upon agreement of the Board of Supervisors, any of the
following alternatives may be approved by the Board of Supervisors
in lieu of public dedication of land, as specified in this Section:
B.
This
Section shall not apply to plans that the Board of Supervisors determines
only involve adjustments or corrections to an approved preliminary
plan or a preliminary plan that was before the Township for consideration
as of the date of the adoption of this Section, provided the adjustments
do not increase the number of proposed dwelling units.
C.
The
applicant/developer shall submit the following with the subdivision
or land development plan:
D.
The
preliminary and final plans shall contain a sheet depicting the land
proposed for use in meeting common open space requirements, or a note
stating that the applicant/developer proposes to pay fees in-lieu
of land. The plan shall also describe any improvements or facilities
that the applicant/developer proposes to make to the land.
E.
The
proposal for common open space, installation of recreation facilities
and/or fees shall be offered for review by the Planning Commission
and the Smithfield Township Park and Recreation Committee or regional
equivalent. The Board of Supervisors may require changes to the proposal
for common open space and/or fees in compliance with this Section.
If an applicant/developer does not prove compliance with this Section,
or refuses to dedicate common open space where the Board of Supervisors
does not agree to fees-in-lieu of land dedication, the Board of Supervisors
shall have grounds to deny approval of the submission.
[Ord. 208, 9/25/2012]
1.
Any fees
collected under this Section shall be placed within an interest-bearing
account and shall be accounted for separately from other Township
funds. Such account shall be controlled by the Township, and its interest
shall become funds in that account.
2.
To ensure
that the lands and facilities are accessible to the inhabitants of
the developments that paid fees towards their cost, such fees shall
only be used within a five mile radius of the boundaries of the subdivision
or land development that paid the fees, unless the Board of Supervisors
determines that a proposed improvement is regional in nature and would
clearly serve the entire population of the Township. In addition,
the Township may commit fees to public recreation areas in adjacent
Townships or Boroughs that would be intended to serve the inhabitants
of the development where the fees originated.
3.
Such
fees shall only be used for the following: acquisition of public open
space, development of public recreational facilities, landscaping
of public open spaces and closely related engineering and design work.
4.
Unless
the Township identifies fees for a different set of facilities or
recreation area, priority shall be given to the further development
of the existing Township recreation facilities.
[Ord. 208, 9/25/2012]
1.
Any subdivision
or land development regulated under this Section shall be required
to dedicate the specified amount of common open space, unless the
payment of recreation fees in lieu of land is approved by the Board
of Supervisors.
A.
Development
of five or fewer dwelling units, that do not include land that is
adjacent to existing publicly owned land, shall be required to pay
a recreation and open space fee in lieu of dedicating land and/or
constructing recreation improvements.
B.
The
land and fee requirements of this Section shall be based upon the
number of new dwelling units that would be permitted on the lots of
a subdivision or land development after approval.
C.
Prime
Open Space. For the purposes of this Section, the term “prime
open space” shall mean land proposed to be dedicated as common
open space that would meet all of the following standards:
(1)
Less than 6% slope.
(2)
Not a “wetland” under Federal and/or State regulations.
(3)
Be part of a contiguous tract of at least two acres (which may include
existing adjacent common open space).
(4)
Not be within the 100-year floodplain as defined by official floodplain
maps of the Township, as prepared by FEMA.
D.
Residential
- Amount of Common Open Space. If a residential subdivision or land
development is required to dedicate common open space, the following
amounts for each permitted new dwelling unit shall be required, unless
revised by resolution of the Board of Supervisors:
|
Percentage of Total Required Common Open Space That Would Meet
the Definition of “Prime Open Space.”
|
Minimum Required Common Open Space Per Permitted Dwelling Unit
|
|---|---|
|
0% to 25.0%
|
5,200 square feet
|
|
25.1% to 75.0%
|
2,600 square feet
|
|
75.1% to 100%
|
1,300 square feet
|
E.
Nonresidential
- Amount of Common Open Space. If a nonresidential subdivision or
land development is required to dedicate common open space, the following
amounts of common open space shall be required, unless revised by
resolution of the Board of Supervisors:
|
Percentage of Total Required Common Open Space That Would Meet
the Definition of “Prime Open Space.”
|
Minimum Required of Development Tract Required to Be Dedicated
as Common Open Space
|
|---|---|
|
0% to 25.0%
|
6%
|
|
25.1% to 75.0%
|
4%
|
|
75.1% to 100%
|
3%
|
F.
Other
Ordinances. Any required land dedication or fees under this Section
shall be in addition to any land dedication or improvement requirements
of any other Township ordinance.
[Ord. 208, 9/25/2012]
If it is determined that a proposed subdivision or land development
is required to pay fees-in-lieu of dedicating open space, this fee
shall be as established by the Township Fee Schedule, which may be
updated by resolution of the Board of Supervisors. The fee is based
upon the fair market value of comparable undeveloped land, as reflected
in the Township Fee Schedule.
[Ord. 208, 9/25/2012]
1.
Decision
on Land vs. Fees. The Township reserves the right to determine, on
a case-by-case basis, whether dedication of land or the payment of
an in-lieu fee is preferable. If the applicant/developer does not
propose dedicating common open space that meets the Township requirements
or if the Board of Supervisors and applicant/developer agree to the
payment of fees, then the payment of recreation fees shall be required
instead of land dedication. It is desirable to reach a tentative agreement
on whether land or fees shall be required at the sketch plan stage,
although the formal decision shall be made during the review of the
first official plan submittal. The Township should, at a minimum,
consider the following in this decision:
A.
Whether
the land in that location would serve a valid public purpose.
B.
Whether
there is potential to make a desirable addition to an existing public
or School District recreation area.
C.
Whether
the proposed land would meet the objectives and requirements of this
Section and any relevant policies of the Township Comprehensive Plan
or the Smithfield Area Regional Open Space and Recreation Plan or
equivalent plan.
D.
Whether
the area surrounding the proposed development has sufficient existing
recreation and open space land, and whether it is possible for pedestrians
and bicyclists to reach those lands.
E.
Any
recommendations that may be received from the Planning Commission,
the Township Engineer, any regional Open Space Committee, the Smithfield
Township Environmental Advisory Council, the local School Board or
School District staff, and the Township Parks and Recreation Committee,
if any.
[Ord. 208, 9/25/2012]
1.
Suitability.
Land required to be dedicated shall be suitable for its intended purpose,
in the determination of the Board of Supervisors. The applicant/developer
shall state what improvements, if any, are intended to be made to
the land to make it suitable for its intended purpose, such as grading,
landscaping or development of trails.
A.
Such
land shall be free of construction debris at the time of dedication.
B.
Lands
intended for active recreation shall be well drained, less than 6%
slope, and free of wetlands.
C.
To the
maximum extent feasible, common open space shall be linked with existing
or future open space in the vicinity.
D.
To the
maximum extent feasible, common open space shall be linked with homes
within the development by paths, trails or easements.
E.
Recreation
facilities shall be designed to meet applicable regulations under
the Americans with Disabilities Act.
F.
On areas
that are not intended for active recreation, where existing attractive
natural vegetation does not exist and/or will not be retained, the
applicant/developer shall plant trees and shrubs on the common open
space according to a landscaping plan submitted with the final plan.
G.
Common
open space shall meet the definition of “open space, common”
hereunder.
H.
An applicant/developer
shall not be permitted to dedicate an amount of common open space
that is too small to be useful for recreation, even in combination
with recreation fees.
2.
Ownership.
Required common open space shall be dedicated to the Township, unless
the Board of Supervisors agrees to accept a dedication to any of the
following: the School District, Monroe County, the Pennsylvania Bureau
of State Parks, the Pennsylvania Fish and Boat Commission, the Pennsylvania
Game Commission, a single property owner in the case of agricultural
land, or an environmental organization acceptable to the Board of
Supervisors. In the case of a rental development, the Township may
permit the common open space to be retained by the owner of the adjacent
buildings.
A.
If required
common open space is to be owned by a homeowner’s association,
the applicant/developer shall be required to establish such association
in a form that requires all property owners within the development
to annually contribute to the maintenance of the common open space.
B.
Any
homeowner’s association agreements regarding required common
open space shall be subject to acceptance by the Board of Supervisors,
based upon review by the Township Solicitor. The provisions of Section
705(f) of the Pennsylvania Municipalities Planning Code should serve
as a model for such agreement.
C.
Where
another form of ownership is not practical, the Board of Supervisors
may permit the required open space to be added onto a privately owned
lot, provided a permanent conservation easement protects the open
space from development.
D.
The
Board of Supervisors may require that the required common open space
be dedicated to the Township, as opposed to a private entity. The
Board of Supervisors shall not be required to accept dedication of
any open space.
3.
Deed
Restrictions/Conservation Easement. Common open space shall be protected
from future development and subdivision by a permanent conservation
easement or deed restriction enforceable by the Board of Supervisors.
Such restriction may also be enforceable by other parties. Such restrictions
shall prohibit the construction of any buildings, except buildings
for noncommercial recreation or that are necessary to support maintenance
of the open space.
4.
Priority
shall be given to dedication of land that would be suitable for:
A.
Additions
to existing public schools and public parks, or,
B.
The
preservation of woods, steep slopes or other important natural features
or land along a creek or river, or,
C.
That
would be suitable for centralized active recreation, or,
D.
Connect
to open space areas through common open space (Greenway land), or,
E.
Serve
as passive recreation for hiking and related activities.
5.
Land
that is not suitable for active or passive recreation shall not meet
the requirements of this Section, including areas within a stormwater
detention basin that are not suitable for recreation. Portions intended
for active recreation shall be well drained, of less than 4% average
finished slope, and not require filling in of a wetland for use.
6.
Access
and Contiguousness. Common open space within a subdivision or land
development shall be contiguous, except as may be specifically exempted
by the Board of Supervisors, and shall have adequate access for maintenance
and for use by pedestrians. If open space is limited to residents
of a development, the Township may still require that a defined trail
easement be open to all pedestrians.
7.
Lands
Close to Buildings. For the purpose of this Section, no land shall
be used to meet the minimum common open space requirements of this
Section if such land is within:
8.
Sewage
Facilities in Common Open Space. Areas used for sewage treatment and
disposal, including wetlands and spray irrigation fields, shall not
count toward required open space, unless specifically approved otherwise
by the Board of Supervisors.
9.
Wells.
Wells may be located in common open space. Adequate easements shall
be established to clarify rights and responsibilities.
10.
Residual
Lands. If only a portion of a larger tract of land is currently proposed
to be subdivided, or the applicant/developer owns one or more adjacent
tracts that are not currently proposed to be subdivided, the applicant/developer
shall provide a sketch of a possible future land dedication on these
adjacent lands in case they would be developed in the future.
11.
Coordination
with Future Adjacent Dedication. The Board of Supervisors may require
that a required land dedication within a property currently being
subdivided be placed along an edge of the property so that it may,
in the future, be combined with an open space dedication on the edge
of an adjoining property when that adjoining property is subdivided
or developed.
[Ord. 208, 9/25/2012]
Upon mutual agreement of the Board of Supervisors and the applicant/developer,
the Township may accept a combination of common open space and fees-in-lieu
of land to meet the requirements of this Section for a subdivision
or land development. For a residential development, this combination
shall be based upon the common open space requirement applying for
a certain number of dwelling units and the fees-in-lieu of land requirement
applying for the remaining number of dwelling units. An applicant/developer
shall not be permitted to dedicate an amount of common open space
that is too small to be useful for recreation, even in combination
with recreation fees.
[Ord. 208, 9/25/2012]
1.
Fees
required by this Section for all of the dwelling units shall be paid
prior to the recording of the final plan, except as follows:
A.
If the
required fee would be greater than $2,000, and the applicant/developer
and the Township mutually agree to provisions in a binding development
agreement to require the payment of all applicable recreation fees
prior to the issuance of any building permits within each clearly
defined phase or sub-phase of the development, then fees are not required
to be paid prior to recording of the final plan but may instead be
paid within the requirements of that development agreement. For example,
the development agreement may state that the fees from lots one through
five must be paid before any building permits may be issued for lots
one through five.
B.
If the
applicant/developer agrees to pay such fees in installments, then
all such fees shall not be considered to be “paid” for
the purposes of any applicable time limitations for utilization under
the Municipalities Planning Code until all such fees are paid in full,
including all installments and phases.
[Ord. 208, 9/25/2012]
An applicant/developer may seek a modification of the requirements of this Section under the procedures of § 22-1601 by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on nearby public open space, if the applicant/developer clearly proves to the satisfaction of the Board of Supervisors that those facilities will be approximately equal in market value to the land or fees that would otherwise be required.
