[Added 8-14-2023 by Ord. No. 322]
A.
The Borough has determined that, to promote the best interest of
residents of the Borough, adequate and usable recreation open space
and trail corridors shall be provided to serve the needs of the public
at large. The Borough's goals of promoting and utilizing recreation
open space and trail corridors are set forth at length in the Borough's
Comprehensive Plan as amended and updated. It is acknowledged and
recognized that both residential and nonresidential uses of land in
the Borough create a demand for facilities which require and utilize
recreation open space and trails. Nonresidential development, whether
stand-alone or part of a mixed-use development, creates its own demands
for usable recreation open space and trails. As a result of nonresidential
development, there is also an influx of business invitees and others
who, due to the proximity and availability of Borough recreation open
space and trails, utilize and will in the future utilize recreation
open space and trails. It is a vital Borough objective to ensure that,
as residential and nonresidential development continue, usable and
adequate recreation open space and trails which meet the Borough's
open space design standards is developed and that existing facilities
located within recreation open space and trails are maintained and
upgraded as needed.
B.
The Borough has established this dedication of land/recreation-fee-in-lieu-thereof
requirement with the intent to promote the retention and utilization
of recreation open space and trails within the Borough for use by
future inhabitants of new developments. The amount of the applicable
fee or dedication requirement corresponds to the gross building size
of the relevant nonresidential development and has been calculated
to bear a reasonable relationship to the typical expected increase
in employee and business invitee traffic within the Borough and reduction
of available recreation space and trails within the Borough.
A.
Except as otherwise provided herein, as a condition precedent to
final approval of any subdivision or land development intended for
any residential or nonresidential use, the developer shall dedicate
for public use recreation open space meeting the design standards
in this section or, upon agreement with the Borough, pay a fee in
lieu of mandatory dedication.
B.
For residential developments, the applicant shall provide for a minimum
of 0.3848 acres of public recreation open space per dwelling unit.
(1)
This requirement has been calculated based on the current ratio of
public recreation open space per dwelling unit available to residents
of the Borough at the time of adoption of this article. At the time
of adoption of this article, there exist an approximate 205.5 acres
of existing parkland within the Borough, which is available to be
utilized by 534 households according to the most recent census, resulting
in 0.3848 acres of public recreation open space per dwelling unit.
(2)
All acreage dedicated to the Borough pursuant to this section shall
be dedicated for the following purposes only:
(a)
The completion of trail corridors as depicted on the trail plan
contained in the Borough Comprehensive Plan, as amended ("trail plan");
or
(b)
If no trails identified within the trail plan exist within the
boundaries of the proposed development or subdivision, the creation
of trail corridors within the residential development; or
(c)
Other recreational facilities as approved by Borough Council.
C.
For nonresidential developments, the applicant shall provide for
a minimum contiguous area of public recreation open space equal to
5% of the total square feet of gross nonresidential building area.
D.
All land dedicated in accordance with this article must be transferred
either to the Borough or to a land trust acceptable to and approved
by the Borough.
(1)
Land offered to the Borough for dedication pursuant to this article
shall be accepted only by resolution of Borough Council and execution
and recording of a deed of dedication which shall clearly articulate
the restrictions imposed upon the land and protect its use as open
space in accordance with this article in perpetuity, and any and all
other legal instruments deemed necessary, in a form acceptable to
the Borough Solicitor.
(2)
Land offered to a land trust for dedication pursuant to this article
shall satisfy the terms of this article only upon approval of the
dedication by resolution of Borough Council and the execution and
recording of a deed of dedication which shall clearly articulate the
restrictions imposed upon the land and protect its use as open space
in accordance with this article in perpetuity, and any and all other
legal instruments deemed necessary, in a form acceptable to the Borough
Solicitor.
E.
All development of active recreation open space and trails shall
be subject to the requirements of Section 509 of the Pennsylvania
Municipalities Planning Code regarding the posting of financial security
to guarantee the completion of required public improvements.
F.
Dedication and construction of facilities shall be subject to posting
of the performance and maintenance bonds required for public improvements
to be accepted by the Borough.
G.
The applicant or developer shall prepare a legal description with
metes and bounds of the land being offered for dedication at the time
of application.
H.
The plan for recording of the subdivision or land development shall
set forth the location of any open space, park, trail or recreational
land and shall reflect either the dedication or the method by which
the perpetual administration and maintenance of the land and facilities
is to be accomplished.
A.
All land offered for dedication in accordance with this article must
meet each of the following criteria to the satisfaction of the Borough
Engineer:
(1)
The entirety of the land proposed to be dedicated shall be easily,
safely and legally accessible from all areas of the development to
be served, shall have safe ingress and egress and shall either (1)
have a minimum of 100 feet of contiguous frontage on a public road
or (2) shall be adjacent to existing public green or open space, or
private green or open space dedicated to public use; or (3) have such
other safe and legal ingress and egress established and provided for
in a recordable form acceptable to the Borough Solicitor.
(2)
The entirety of the land proposed to be dedicated shall have suitable
topography and soil conditions for use as a recreation open space
area or trail.
(3)
No portion of the land proposed to be dedicated shall have slopes
greater than 20%.
(4)
The entirety of the land proposed to be dedicated for each subdivision
or land development shall be contiguous or comprised of not more than
two unconnected areas of land, in order to avoid small, remote or
unusable areas of recreation open space.
(5)
The entirety of the land proposed to be dedicated to the Borough
or Land Trust shall be available to all residents of the Borough.
(6)
Grants of rights-of-way, easements or fee simple property, intended
to be used and developed as part of the trail system for the Borough
or internal to the subdivision or land development, shall be not less
than 25 feet wide at any point along the proposed trail corridor.
A construction easement of 20 feet on each side of the trail shall
be made available which construction easement will automatically be
terminated upon the completion of construction of the trail.
(7)
The Borough Engineer and Borough Solicitor shall review all land
proposed to be dedicated to the Borough or Land Trust for compliance
with the terms of this article and suitability for the purposes for
which it is proposed to be dedicated. The Borough Engineer, in consultation
with the Borough Solicitor shall issue a recommendation, in writing,
to Borough Council as to whether or not the land offered for dedication
is suitable for the purposes proposed. The Borough Engineer or Solicitor
may, at his or her discretion, require the submission of additional
studies, materials or information by the applicant or developer as
necessary to issue a recommendation pursuant to this section. Failure
by the applicant or developer to provide the studies, materials, or
information requested shall be grounds for the Borough's refusal
to accept the land proposed to be dedicated.
A.
Where the applicant or developer elects not to offer to dedicate
recreation open space, the applicant or developer shall be required
to pay a fee in lieu of dedication in order to finance the provision
by the Borough of recreation open space and trails for use by future
inhabitants or occupants of the subdivision or land development.
B.
Standards for determining fair market value (FMV):
(1)
Where a fee contribution is made in lieu of required land dedication,
the value or amount of such contributions shall be based upon "fair
market value" (FMV) of an acre of predevelopment land within the Borough
at the time of the filing of the final plan with the Borough or the
first final plan phase of a subdivision or land development plan consisting
of multiple phases. Beginning in 2023, the FMV shall be set at $75,966.80
per acre (average acre cost of 10 undeveloped properties in Bell Acres
in 2022). The fee in lieu of dedication shall be subject to a discount
rate ("D"). Beginning in 2023, the discount rate shall be set at 13%
of the undiscounted fees or a reduction of 87% from the undiscounted
fees. The FMV and discount rate shall be updated by Council from time
to time by resolution as based upon an annual recommendation by the
Borough Planning Commission.
(2)
If a subdivision and land development is planned in development phases
over multiple years as permitted by this chapter, the approved FMV
and discount rate for a predevelopment acre may be adjusted with each
phased final plan submission to keep current with actual land value
within the Borough.
C.
Determining the amount of fee in lieu of land dedication.
(1)
Residential. The amount of fee to be paid in lieu of dedication of
land for recreation open space shall be based on the formula (("N"
x 0.3848) x FMV) x D = total fee, where "N" equals the number of dwelling
units in the residential plan or phase, 0.3848 represents the minimum
number of acres of public recreation open space that a developer or
applicant would be required to provide in accordance with this article
if they elected to dedicate open space and where "FMV" is determined
as described above.
(a)
Residential examples utilizing the 2022 FMV:
(2)
Nonresidential. The amount of fee to be paid in lieu of dedication
of land for recreation open space shall be $1.20 multiplied by the
total square feet of gross nonresidential building area rounded to
the nearest square foot.
(3)
Mixed-use. In mixed use development projects involving any combination
of single-family, multifamily and/or nonresidential developments,
the applicant shall calculate the recreation open space and trail
requirements for the residential portion first and then calculate
the fee for the nonresidential development. The total fee shall be
a combination of the residential fee and the nonresidential fee.
(4)
The fee authorized by this section shall be payable at the time of
application for a building permit and, upon receipt by the Borough,
shall be deposited in the Borough Recreation Capital Reserve Fund
under an interest-bearing account. All fees collected shall be clearly
identified as to the plan from which they were collected and the specific
recreational purpose accessible to the future inhabitants of the plan
for which they are intended to be expended. Interest earned on such
accounts shall become funds of that account. Funds from such accounts
shall be expended only in properly allocable portions of the cost
incurred for providing, acquiring, operating or maintaining park or
trail facilities. The Borough Manager shall maintain such financial
records for the Recreation Capital Reserve Fund to show the source
and disbursement of all revenues and ensure that moneys are expended
in accordance with the requirements of Section 503(11) of the Pennsylvania
Municipalities Planning Code.
(5)
The fees in lieu of the provision of recreation open space shall
be used, unless the person paying such fee shall agree otherwise,
only for the purpose of providing, acquiring, operating or maintaining
park and trail facilities accessible to the subdivision or land development
for which such fees are paid. By agreeing to pay a fee in lieu of
mandatory dedication in accordance with this article the applicant
or developer expressly agree that the Bell Acres Borough Park, and
Bell Acres Nature Park, as well as other open space recreation areas
within the Borough are recreation open spaces open to and reasonably
accessible to all residents of the Borough including the future residents
of any subdivision or land development located within its borders.
Upon request of any person who paid any fee under this section, the
Borough shall refund such fee, plus interest accumulated thereon from
the date of payment, if the Borough has used the fee paid for a purpose
other than the purposes set forth in Section 503(11) of the Pennsylvania
Municipalities Planning Code.
