The purpose of the standards contained in this section is to preserve, enhance, and promote the use and retention of common open space and recreation areas in subdivisions and land developments within the Township. The intent is to help preserve the Township's rural character and to promote common open space for both passive and active recreation opportunities. These standards will provide the opportunity to organize the preservation of steep slopes, wetlands and watercourses, woodlands and the provision for stormwater management requirements within a logical, unified zone and require the connection of the common open space provided in private developments to lands and trails specified in the Township's Greenway Plan and to the Township's adopted 1992 Recreation, Park and Open Space Plan, as amended.
A. The provisions of this section shall apply to residential developments greater than 10 acres in size and having over 10 residential units and land developments over 10 acres in size, in addition to the requirements of § 78-124, except that simple subdivisions shall be exempt from the requirements of this section.
B. Standards for common open space preservation. The following minimum standards shall be required for areas to be preserved as common open space in proposed subdivisions or land developments.
(1) Common open space shall be used to provide preservation of natural resource features to the following standards:
(c) Streams and the areas within 50 feet of each side of the stream bank: 100%.
(e) Slopes ranging from 15% to 25%: 40%.
(f) Slopes greater than 25%: 80%.
(2) On portions of the site where two or more of the above-named natural features overlap, only the natural feature which has the highest preservation standard shall be used.
(3) To the greatest extent possible the following additional requirements shall be applicable to common open space:
(a) Common open space land shall consist of one parcel of ground, which, while it may vary in its width, shall be continuous, and not less than 40 feet in with at any point.
(b) Common open space shall to the extent possible be located in an accessible, usable manner in proximity to the majority of all residents of the development.
(c) In developments that abut the Township's Greenway Plan and/or preexisting dedicated parks or common open spaces, the common open space shall be located adjacent to those areas. Public access through easements through the common open space to such preexisting areas shall be required.
(d) Common open space land shall not be contained within any lot within the subdivision, except provided herein. Common open space shall be publicly dedicated or, upon agreement of the Township and the subdivider/developer, may be deeded to a homeowners' association created for the subdivision or land development (if one is to be created) or reserved upon private lots for those developments without a homeowners' association. In the event that such common open space is to be deeded to a homeowners' association created for the subdivision or land development or to be preserved upon private lots, then such areas shall be required to be subject to restrictive covenants, acceptable to the Township and sufficient to preserve the character of the common open space in any deed thereafter.
C. Fee in lieu of the dedication of active recreation land. When a property owner/developer chooses to pay a fee to the Township in lieu of the dedication of active recreation lands required herein, said fee shall be calculated as follows:
(1) The applicant shall identify the land area that would be otherwise publicly dedicated pursuant to the provisions of this section and submit a reasonably accurate plan showing such location to the Parks and Recreation Commission for their review and recommendation to the Board of Supervisors, followed by a metes and bounds description of such land area at the time of the filing of the application for final approval of subdivision or land development.
(2) The applicant shall submit an estimated value of the land area described in this section to the Parks and Recreation Commission for their review and recommendation to the Board of Supervisors, followed by a real estate appraisal of the fair market value of the land area described in this section at the time of the filing of the application for final approval of the subdivision or land development. Such real estate appraisal shall have been made by a licensed real estate appraiser in accordance with standard real estate appraisal practices and shall have been made no earlier than 30 days prior to the date of the filing of the applicant's request for final approval of the subdivision or land development approval.
(3) In the event that the Township determines the fair market value of such land area contained in the applicant's real estate appraisal to be fair and reasonable, the applicant shall pay such approved fair market value to the Township in lieu of the public dedication of such land. The payment of such fair market value shall be a condition precedent to final plan approval of the subdivision or land development and shall be made in full within 30 days of the date of such final plan approval by the Township.
(4) In the event that the Township disputes the fair market value of the land area as contained in the applicant's real estate appraisal, it shall notify the applicant of it prior to its action to approve/disapprove such final subdivision or land development plan. The Township and the applicant shall then jointly, by mutual agreement, appoint another licensed real estate appraiser to appraise the fair market value of such land area and such appraisal shall be binding upon the parties. Such jointly selected real estate appraiser shall not have been retained by or performed services for either the Township of Pine of the applicant within the preceding three years.
(5) One half of the professional fee of the licensed real estate appraiser jointly appointed by the Township and the applicant, shall be paid by the Township and the other half shall be paid by the applicant.
(6) Nothing contained herein shall be construed to prevent the applicant and the Township from reaching other mutual agreements as to the fair market value of the land area, which is the subject of a fee in lieu of its public dedication.
D. The park or recreation land (or the fees paid in lieu thereof) shall be used by the Township for the purpose of providing park or recreation facilities, which are available to the residents or occupants of the subdivision/land development from which they are received.
E. Any fees collected by the Township pursuant to this section shall be maintained, expended and refunded in accordance with he requirements of Section 503(11) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(11).