CHAPTER 1226
Park and Recreation Site Acquisition and Development
1226.02 Provisions for park and recreational sites required.
1226.03 Set aside for land or money required; use of moneys.
1226.04 Determination of type of set aside
CROSS REFERENCES:
Parks - see S.U. & P.S. Ch. 1062
Open space/recreation areas for townhouse and multifamily developments - see
P. & Z. 1238.06, 1264.06(c), (k)
Open space/recreation areas for mobile home parks - see P.& Z. 1240.08
Common open space in Planned Residential Development Districts - see P. & Z. 1270.12
As used in this chapter, except where the context clearly indicates otherwise, the following words and phrases shall have the meanings indicated below:
(a) “Application for improvement of land’ means every application for land development as detailed below, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for the approval of a subdivision plot or plan, for the approval of a land development plat or plan, or for the approval of a development plan.
(b) “Development plan" means provisions for land development, including a plot of a subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan,” when used herein, shall mean the written and graphic materials referred to in this definition.
(c) “Land development” means any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A. A group of six or more residential or nonresidential buildings, whether proposed initially or cumulatively; or
B. The division or allocation of land or space, whether initially or cumulatively, between or among six or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(2) A subdivision of land involving six or more residential buildings on lots or six or more nonresidential buildings on lots.
(3) Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.
(d) “Plat” means the map or plan of a subdivision or land development, whether preliminary or final,
(e) ‘Subdivision” means the division or redivision of a lot, tract or parcel by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, far the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or residential dwellings, shall be exempted. (Ord. 657. Passed 10-18-89.)
1226.02 PROVISIONS FOR PARK AND RECREATIONAL SITES REQUIRED.
Each application for improvement of land shall make provision for park and recreational sites and land to serve the proposed improvement of land and the future residents, occupants and users thereof, or in lieu thereof the applicant shall make payment of a sum of money to be used for the acquisition and development of such sites and land. (Ord. 657. Passed 10-18-89.)
1226.03 SET ASIDE OF LAND OR MONEY REQUIRED; USE OF MONEYS.
(a) Each application for improvement of land of a residential development, PRD excluded, shall set aside 2,000 square feet of land for each residential dwelling unit in the proposed development for park and recreational use, and each application for improvement of land of a commercial or industrial development shall set aside five percent of the land in the tract proposed to be developed for park and recreational use.
(b) In lieu of setting aside land far park and recreational use, the applicant for improvement of land shall pay to the Township an amount calculated as follows: an amount equal to the average fair market value per acre of the undeveloped land as part of an approved improvement of land, multiplied by the amount of land required to be reserved far park and recreational use as set forth in subsection (a) hereof. Payment shall be due and payable upon approval of the application for improvement of land and/or the execution by the applicant of any required development agreement. The average fair market value shall be as determined between the Township and the applicant, and absent such an agreement the average fair market value shall be determined by common law arbitration with the parties agreeing on a single arbitrator. If the parties are unable to agree upon a single arbitrator, the parties shall petition the Presiding Judge of the Court of Common Pleas of Delaware County for designation of a single arbitrator. The cost of the arbitration and the cost of petitioning the Presiding Judge shall be equally divided between the Township and the applicant. The decision of the arbitrator shall be final and binding upon the parties. Upon the selection of the arbitrator, the applicant shall deposit with the Township financial security equal to the payment due as determined by the Township.
(c) All moneys paid and authorized under this chapter shall be placed by the Township and deposited in an interest-bearing account clearly identifying the recreational facilities for which the fee was received. Interest earned on such account shall become funds of that account. Funds from such account shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
(d) Upon the request of any person who paid any fee under this chapter, the Municipality shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township has failed to utilize the fees paid for the purposes set forth in this section within three years from the date such fees were paid.
(Ord. 657. Passed 10-18-89.)
1226.04 DETERMINATION OF TYPE OF SET ASIDE.
(a) The Board of Commissioners, upon its own initiative or at the request of the applicant, giving consideration to the side, share and location of the location of the land in the proposed development proposal for park and recreational use and giving consideration to the availability of other park and recreational sites in the general area, shall determine whether land in the proposed development shall be set aside for park and recreational use or whether the applicant shall be required to make payment of sum of money in lieu thereof to be used for the acquisition and development of other such sites and land.
(b) In the event the Board approves the reservation of land for park and recreational purposes as provided in Section 1226.03(a), the following provisions must be observed. The areas to be reserved as recreational land shall be conveyed to the Township upon approval of the application for improvement of land and/or the execution by the applicant of any required development agreement, unless the Board determines that the land is of such location and nature that its use is limited to local residents or that it cannot reasonably be maintained by the Township. If public dedication of the land is rejected by the Township, the land may alternatively be conveyed to a legally constituted homeowner's association or retained by and managed by such private ownership as the Board may approve, so long as its use remains open to the residents of the proposed development. In the event that the recreational land is to be privately owned, adequate provision must be made for its maintenance.
The Board or its designate shall determine if the land is acceptable for dedication or use for park and recreational purposes based on the following criteria:
(1) The dedicated land must be readily accessible to all residents or expected users of the development. For larger pieces of dedicated land, this should be by virtue of at least one side of each site abutting a public street for a minimum distance of fifty feet. If public easements are the sole access, they shall be wide enough to accommodate two-way traffic of maintenance equipment.
(2) The park and recreational land shall be located, to the extent possible, so that it equally serves all residents or expected users of the improvement of land.
(3) The shape shall be suitable to accommodate those park and recreational activities appropriate to the location and needs of the residents or expected users of the development. The exact shape is variable, but the property shall be easily adaptable to a wide variety of activities.
(4) Soil shall be suitable for the intended park and recreational uses.
(5) It is desirable for the intended park and recreational land to be in several well placed and adequately sized areas so that it can accommodate the anticipated uses, rather than to have numerous useless smaller pieces.
(6) Such land shall not have an average slope exceeding seven percent and shall have no more than thirty percent of the land contained within the boundaries of a flood plain.
(c) The developer of high density housing shall receive a credit for any land reserved for park and recreational purposes and accepted by the Township under this chapter towards any provision of the Township Zoning Code requiring recreational facilities.
(d) If the Board determines that usable park and recreation land is available in a particular improvement of land, but is inadequate in size (i.e. less than the standard established in subsection (b) hereof), the Board may require a combination of’ money and the land reservation. In such cases, the money shall be applied only to the number of lots or units which are not “covered” by the land reservation under the standards that are here set forth.
(Ord. 657. Passed 10-18-89.)
1991 Replacement