A.
Threshold.
(1)
Any residential subdivision or land development plan with the capacity
to house 100 or more persons shall provide land for park and recreation
purposes or the developer shall pay a fee as provided by this article;
(2)
A multifamily development with the capacity to house 100 or more
persons may, as an alternative to the designation of land to satisfy
the park and recreation requirement, provide indoor recreational facilities
within the multifamily development, such as a community room or fitness
area, subject to the approval of the Commission.
B.
Computation of land and people.
(1)
The ratio of dedicated or privately held land, based on the City's
park, recreation and open space plan guideline of 1.0 acre per 1,000
people, shall be 0.001 acre (43.56 square feet) per person.
(2)
In computing the number of persons in the development, all phases
of plan approval and construction shall be counted.
(3)
The estimated number of people per unit shall be one for efficiency
or one bedroom units plus one additional person for each bedroom thereafter.
Developments of less than 100 persons shall be exempt from this requirement.
A.
Location. The land or fees, or combination thereof, shall be used
only for the purpose of providing, acquiring, operating or maintaining
park or recreational facilities reasonably accessible to the proposed
development and shall bear a reasonable relationship to the use of
the park and recreational facilities by future residents of the development
or subdivision.
B.
Lots adjacent to the Conestoga River. Where the subdivision or land
development is adjacent to the Conestoga River, the applicant shall
reserve within the floodplain a natural area of undisturbed open space,
at least 50 feet wide, in order to preserve a Conestoga River greenway,
as recommended by the City's current park, recreation and open space
plan, the County of Lancaster Comprehensive Plan Green Infrastructure
Element, and the Lancaster Inter-Municipal Committee Regional Park
and Open Space Plan. In lieu of partial or complete dedication of
land, developments adjacent to the Conestoga River may propose the
designation and establishment of a public access greenway easement
with a minimum width of 12 feet and a clear path of eight feet for
a walking/biking trail, which provides direct access to the river
and is situated so that it may be connected with existing or proposed
adjacent riverbank trails, parks and open spaces.
C.
Recreational improvements. Recreational facilities for use by development residents shall be shown or noted on the subdivision and land development plan, tailored to the residents' needs and budgeted as part of the project's improvement costs as per § 265-50B.
D.
Design criteria for park and recreational facilities.
(1)
Areas to be designated for parks and recreation shall provide facilities
reasonably accessible to the development and complement existing adjacent
parks, trails, natural areas and sensitive ecological areas. All designated
recreational lands and facilities shall be suitable for their intended
use, free of environmental contamination, and shall be developed in
conformance with the City's current park, recreation and open space
plan.
(2)
All land to be offered for dedication shall be acceptable to the
City.
(3)
All designated parks and recreation facilities shall meet the following
criteria:
(a)
Lands shall be adjacent to a public street or accessible by
way of an easement designed for vehicular and pedestrian access;
(b)
The park site shall be located in a manner which best serves
all residents and protects natural and environmentally sensitive areas;
(c)
Not more than 25% of the land shall contain stormwater management
facilities;
(d)
At least 50% of the designated area shall be at a grade not
exceeding 6%;
(e)
All facilities constructed by the developer shall be in accordance
with current building codes, established NRPA standards and prevailing
safety requirements;
(f)
The site shall have access to sewer and water unless it is deed-restricted
to prohibit development which would require utilities;
(g)
Sites and facilities shall conform to the City's current park,
recreation and open space plan and shall employ sound planning, engineering
and landscape architecture principals. In addition, the applicant
shall obtain the written comments of the City Superintendent of Parks
and Public Property.
E.
Private park and recreation alternatives. In lieu of dedication of
land, the developer may propose the private reservation of land and
recreational improvements, or a combination of public and private
holdings. Recreational facilities proposed under this subsection shall
require that the Commission find that the alternative offered by the
developer is equal or superior to the public dedication of land, as
required by this article. At the time of final plan submission, and
if applicable, the applicant shall submit a homeowner's association
agreement or other document, subject to review and approval by the
City, describing how the park and/or recreational facilities will
be used or maintained.
(1)
Privately held land and recreational improvements shall meet one
or more of the following criteria:
(a)
Park land suitable for the passive or active recreational needs
of the residents shall be calculated at 43.56 square feet per person
based on projected occupancy load.
(b)
If the residences are more than 1/2 mile (2,640 feet) walking
distance from a public park containing facilities suitable for the
intended occupants of the project, the developer shall prepare an
analysis of facilities that are proposed to be constructed that will
meet the needs of the residents. Examples of private facilities may
include common gathering areas and activity rooms where social events
may be held, multipurpose rooms, gym and exercise rooms, pools, patios
and outdoor seating areas, rooftop open space improved for seating,
walking or gathering, common balconies, play areas, game courts, or
outdoor private walkways, four feet or wider, that offer connectivity
between buildings or adjacent walkways and trails and which provide
a means of pedestrian circulation for exercise purposes.
A.
Fee in lieu of dedication. The Commission may consent to the payment
of a fee by the developer to the City of Lancaster in lieu of the
dedication of land when the Commission determines that the payment
of a fee would more adequately provide park or recreational facilities
accessible to the proposed development. A payment of a fee in lieu
of dedication of such land shall be required in accordance with the
following:
(1)
The amount of the fee shall be based upon the fair market value of
the land, based on the unimproved land value, otherwise required for
dedication.
(2)
The fee shall be paid to the City prior to the unconditional approval
and recording of the final plan.
(3)
All fee payments in lieu of dedication received pursuant to this
section shall be used solely and exclusively for providing park or
recreational facilities included in the City's current park, recreation
and open space plan, and reasonably accessible to the development.
Use of the payment may include acquisition of land for parks, construction
of playgrounds, game courts, or other recreational facilities; the
construction of improvements on new or existing sites; or operating
or maintenance expenses for existing parks. The fees are to be used
only for the purposes of providing, acquiring, operating or maintaining
park or recreational facilities reasonably accessible to the development.
B.
Park fund. Moneys paid by the developer in lieu of park dedication
shall be deposited with the City and placed in a separate interest-bearing
account, clearly identified as reserved for the purposes noted above.
Interest earned on the account shall become funds of that account.
Funds from such account shall be expended only in properly allocable
portions of the cost incurred to provide, acquire, operate or maintain
facilities reasonably accessible to the development site.
C.
Refund of fee. Upon request of any person who paid any fee under this subsection, the City shall refund such fee, plus interest accumulated thereon from the date of payment, if the City used the fee paid for a purpose other than the purposes set forth in § 265-49A(3).
