[Amended 5-3-1999 by Ord. No. 99-3]
The final responsibility for the installation
of the improvements required by this chapter shall lie with the developer.
Upon installation of these improvements by the developer and subsequent
inspection by the Engineer, the developer shall take final steps to
dedicate these improvements and have them accepted by Jefferson Borough.
Recording the final plan after approval of the
Borough Council has the effect of an irrevocable offer to:
[Amended 5-3-1999 by Ord. No. 99-3]
The offer to dedicate streets, parks or other
areas or portions of them does not impose any duty upon the Borough
concerning maintenance or improvement until the proper authorities
of the Borough have made actual appropriation by ordinance or resolution
or by entry or improvement. If land is dedicated for a public site
and its use for this purpose is not imminent, the developer may be
permitted to dedicate the land with the privilege of using the surface
rights until the Borough is ready to use the land. Such dedication
with the temporary privilege of use must be noted on the final plan.
[Amended 5-3-1999 by Ord. No. 99-3]
On sites reserved for eventual public acquisition,
no building development is permitted during the period of reservation.
The Borough may require the reservation of such sites in addition
to or in lieu of land to be dedicated for public use. The reservation
period must not be longer than 18 months unless with the consent of
the developer. Land so reserved must be indicated on the final plan.
[Amended 5-3-1999 by Ord. No. 99-3]
Where a proposed park, playground, open space,
school, library or other neighborhood recreation or public site is
shown on the Comprehensive Plan or where the Borough considers that
a particular site is necessary to carry out the purpose of this chapter,
the Borough may require the dedication of all or a portion of such
site in accordance with the following standards:
A.
The amount of land so required for this purpose shall
be 0.02 acres per dwelling unit of the proposed development.
B.
The recreation site shall be located and designed
so that safe and convenient access shall be provided to all existing
and proposed inhabitants. Additionally, each recreation site shall
have at least one area available for vehicular access that is not
less than 24 feet in width (road frontage).
C.
The parkland site shall be sized and configured so
as to accommodate its intended uses. Sufficient lot width/depth dimension
shall be provided so as to accommodate ball fields, courts and other
open play areas. Furthermore, should a development be proposed at
a location contiguous to an existing park, parklands should be provided,
where practical, as an expansion of the existing facility.
D.
At least 50% of the recreation site shall have suitable
topography and soil conditions for use and development as active play
areas and shall, after grading by the developer, not contain slopes
exceeding 3%.
E.
No more than 25% of the recreation site shall be comprised
of floodplains or stormwater management facilities. Any unimproved
site which is not wooded shall be provided with a healthy and vibrant
grass ground cover.
F.
The recreation site shall be located and designed
to conveniently access proximate public utilities (e.g., sewer, water,
power, etc.). However, no part of any overhead utility easement, nor
any aboveground protrusion of an underground utility should be permitted
in active play areas of the site.
[Amended 5-3-1999 by Ord. No. 99-3]
Where the Borough feels such a public site is necessary, but the application of the area standards set forth in § 158-31 of this chapter would result in an open space or recreation site too small to be usable, or if a suitable local recreation site cannot be properly located in the subdivision, as determined by the Borough, a payment of a fee in lieu of dedication of such land may be required. The following procedures must be followed:
A.
The amount of the fee must be substantially equal
to the value of the land that would be set aside if the standards
specified above were to be applied.
B.
The fee must be paid to the Borough prior to approval
of the final plan.
C.
All moneys paid to the Borough in this manner must
be kept in a capital reserve fund established as provided by law.
Moneys in such capital reserve fund must be used only for the acquisition
of land, equipment, or improvements for park and recreation or open
space purposes.
The Borough may permit a private recreation
or park site to be used if:
A.
In its judgment the purposes of these regulations
regarding recreation and park sites will be accomplished.
B.
The private site is permanently devoted to recreation
and park use and adequately secured for such use by deed covenants
or other private restrictions.
C.
The Borough obtains a written guarantee from the subdivider
that such a private site will be adequately equipped and maintained.
[Amended 5-3-1999 by Ord. No. 99-3]
A plan for the ownership and maintenance of
the common open space, including the pedestrian path system, must
be submitted for approval by the Borough Council. Such ownership,
administration and maintenance shall be arranged to be in accordance
with one or more of the following methods:
A.
An offer of dedication to the Borough; however, the
Borough shall not be obligated to accept dedication of the recreational
area/common open space. Generally, the Borough will only accept those
areas which will benefit the recreation/park system and which will
be practical for the Borough to maintain.
B.
With permission of the Borough and with appropriate
deed restrictions in favor of the Borough and in language acceptable
to the Solicitor, the developer may transfer ownership of the common
open space, or a portion thereof, to a private, nonprofit organization
among whose purposes is the preservation of open space land and/or
natural resources. The organization shall be a bona fide conservation
organization with a perpetual existence; the conveyance must contain
appropriate provision for reverter or retransfer if the organization
is unable to carry out its functions, and the organization must enter
into a maintenance agreement with the Borough.
C.
Alternatively, the developer may provide for and establish
an automatic membership property owners' association made up of the
owners of property in the open space development, as a nonprofit corporation
to have primary responsibility for the ownership, administration and
maintenance of the common open space, with each lot owner within the
open space development to have secondary responsibility for such maintenance.
Such organizations shall generally be consistent with the requirements
for unit owners' associations found in the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization
is formed, the developer must submit a detailed statement including
covenants, agreements or the specific documents indicating the ownership,
method of maintenance and utilization of the open space area(s) with
the development. The provisions of all such covenants, agreements
and documents insofar as they relate to the maintenance of the common
open space must be reviewed and approved as adequate by the Borough
Solicitor. The covenants and agreements shall be perpetual and shall
be recorded prior to or simultaneous with the approved plan.
D.
If a portion of the common open space is to be used
for agricultural purposes, the plan may propose that such portion
of the common open space be transferred to a person or other entity
who will farm the land for crops. Prior to the transfer of any recreational
area/common open space for agricultural purposes, a permanent conservation
easement in favor of the Borough, in language acceptable to the Borough
Solicitor, shall be imposed against such lands. The conveyance shall
contain appropriate provisions for the retransfer or reverter to the
Borough or any association or trustee holding the remainder of the
common open space in the event the land ceases to be used for agricultural
purposes.
E.
In the event the organization established to own and
maintain the recreational area/common open space or any successor
organization shall at any time after the establishment of residential
development fail to maintain the recreational area/common open space
in reasonable order and condition in accordance with the development
plan, the Borough shall inform such organization, utilizing the name
and address as set forth in the records contained in the York County
Court House utilized for the assessment of real estate taxes, either
personally or by certified mail, of the inadequate maintenance and
the steps needed to correct the deficiencies. In addition, the Borough
shall inform, either personally or by certified mail, one or more
owners of lots within the cluster residential development of the inadequate
maintenance and the action needed to correct such inadequate maintenance.
(1)
The organization established to own and maintain the
recreational area/common open space or successor organization and/or
the individual lot owners informed of such inadequate maintenance
shall cause such maintenance as is necessary to correct the deficiencies
set forth by the Borough to be completed within 60 days from the date
such notices are sent. Upon failure to do so, the Borough shall have
right of entry onto the recreational area/common open space with the
purpose of performing the maintenance found necessary to correct the
stated deficiencies.
(2)
In the event the Borough performs maintenance of the
recreational area/common open space, the owner or owners of the land
where such maintenance is performed shall indemnify and save the Borough
harmless of any and all claims for damages to persons or property
arising from its activities in maintaining such common open space
or successor organization for its costs in performing the aforesaid
maintenance. In the event such assessments are not paid within 30
days from the date of such notice, Borough shall have the right, in
its sole discretion, to levy assessments against any one or more (up
to all) of the residential lots within such cluster residential development,
with no obligation to apportion, in a total amount not to exceed the
costs of maintenance of the common open space together with costs
of collection incurred by the Borough including attorney's commission
in the amount of 25% of such assessment, giving notice to the owner
or owners of such lots intended to be assessed by sending written
notices thereof addressed to such owner or owners at the address set
forth in the records utilized for the assessment of real estate taxes
by certified mail; provided, however, the Borough may levy assessments
only against the owners of lots which it notified of the inadequate
maintenance pursuant to the above paragraph. If such assessments are
not paid within 30 days after the sending of such notice, such assessments
may be entered as liens against the lot or lots in the Office of the
Prothonotary of York County or such other office which may at that
time be responsible for maintenance of records of municipal liens,
and the Borough shall have the right to collect such sums in a manner
provided by law for the collection of municipal liens.
[Added 5-3-1999 by Ord. No. 99-3]
A.
Where a subdivision is traversed by a watercourse,
stream, channel or other drainageway, the subdivider must provide
a drainage easement conforming substantially to the existing alignment
of the drainageway. The easement must be a width adequate to:
B.
Any changes in the existing drainageway and surrounding
wetland shall require permits from the Army Corps of Engineers and
the Pennsylvania Department of Environmental Protection prior to alterations
of, or construction, grading, or the operation of equipment in such
areas.
