[Ord. 284, 9/11/1985, § 501]
1.
The following principles, standards and requirements will be applied
by the Board of Commissioners and Planning Commission in their review
and evaluation of all subdivision and land development plat applications.
2.
The standards and requirements contained herein shall be considered
the minimum for the promotion of the public health, safety, convenience
and general welfare.
3.
Where literal compliance with the standards and requirement contained herein is clearly impractical, the Board of Commissioners may modify or waive such through the alteration of requirements by the process set forth in Part 9 of this chapter.
4.
Subdivision and land development plats shall give due consideration
to official plans of the Township of Lower Swatara, Dauphin County,
and region or to such parts thereof as may be adopted pursuant to
statute.
6.
Land subject to hazards to life, health or property such as may arise
from fire, flood, disease or other causes shall not be platted for
development purposes unless such hazards have been eliminated or unless
the plat shall show adequate safeguards against them which shall be
approved by the appropriate regulatory agencies.
[Ord. 284, 9/11/1985, § 502; as amended by Ord.
317, 1/14/1987; and by Ord. 448, 11/15/2000; amended at time of adoption
of Code (see Ch. AO)]
1.
General Standards.
A.
Proposed streets shall be properly related to such street plans or
parts thereof as have been officially adopted by Lower Swatara Township
and shall be coordinated with existing or proposed streets in adjoining
subdivisions or land developments. Further, proposed streets shall
be properly related to county, regional or state transportation plans
as have been prepared and adopted as prescribed by law.
B.
Streets shall be laid out to preserve the integrity of their design.
Local access streets shall be laid out to discourage their use by
through traffic and, where possible, collector and arterial streets
shall be designed for use by through traffic.
C.
Streets shall be related to the topography so as to establish usable
lots and satisfactory street grades.
D.
Proposed street arrangements shall make provision for the continuation
of existing streets in adjoining areas, the proper projection of streets
into adjoining undeveloped or unplatted areas and the continuation
of proposed streets to the boundaries of the tract being subdivided.
E.
New half or partial streets shall be prohibited except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards of these regulations and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be obtained; a cul-de-sac shall be constructed at the end
of such half street which shall be of a permanent nature unless a
temporary cul-de-sac is approved.
F.
Names of new streets shall not duplicate existing or platted street
names or approximate such names by the use of suffixes such as "lane,"
"way," "drive," "court," "avenue." In approving the names of streets,
cognizance should be given to existing or plated street names within
the postal delivery district served by the local post office. New
streets shall bear the same name or number of any continuation of
alignment with an existing or platted street.
G.
Insofar as possible, streets on which structures are proposed to
front shall be oriented along an east-west axis with maximum deviations
permitted up to 25°; provided, that such orientations are feasible
based on soil and slope conditions and are a practical means of providing
safe and convenient access and circulation.
H.
Proposed private streets (streets not offered for dedication) are
prohibited unless they meet the design standards of these regulations.
I.
Proposed private service access for purposes of providing a means
of secondary access to a lot are permitted as deemed appropriate by
the Board of Commissioners and Township Engineer.
2.
Street Classification. Three functional classifications of streets and roads, as classified in the Lower Swatara Township Comprehensive Plan, Chapter 6, are established as follows:
A.
Arterial. This classification includes highways which provide intra-county
or intermunicipal traffic or substantial volumes. Generally, these
highways should accommodate operating speeds of 55 mph.
B.
Collector. This classification is intended to include those highways
which connect minor streets to arterial highways and generally serve
intra-county and intramunicipal traffic. They may serve as traffic
corridors connecting residential areas with industrial, shopping and
other services. They may penetrate residential areas. Generally, these
highways will accommodate operating speeds of 35 to 45 mph.
C.
Minor. This classification is intended to include streets and roads
that provide direct access to abutting land and connections to higher
classes of roadways. Traffic volumes will be low and travel distances
generally short. These streets and road should be designed for operating
speeds of 25 mph or under.
3.
Street Widths.
A.
Minimum street right-of-way and cartway widths shall be required
as presented in Table 1.
|
Table 1
Street Widths
| ||||||
|---|---|---|---|---|---|---|
|
Street Type
|
Cartway Width
|
Material
Specifications
| ||||
|
ROW Width
(feet)
|
Shoulder1
(feet)
|
Without Curbs
(feet)
|
With Curbs
(feet)
|
Base Materials
|
Paving
| |
|
Arterial Streets
|
As determined by the governing body and Planning Commission
after consultation with the Pennsylvania Department of Transportation
| |||||
|
Collector Streets
|
60
|
6 each
|
28
|
34
|
10 inches No. 4 crushed aggregate
or
6 inches 2A subbase and 7 inches BCBC
|
2 1/2 inches ID-2 binder
1 1/2 inches ID-2 wearing course
or
2 1/2 inches ID courses
|
|
Minor Streets (general)
|
50
|
4 each
|
24
|
32
|
8 inches No. 3A crushed aggregate
or
6 inches No. 4 crushed
or
6 inches 2A subbase and 5 inches BCBC
|
2 1/2 inches ID-2 binder
1 1/2 inches ID-2 wearing course
or
2 1/2 inches ID-2 binder
2 1/2 inches ID-2 wearing course
or
1 1/2 inches ID-2 wearing course
|
|
Minor Streets (industrial/ commercial uses)
|
60
|
6 each
|
28
|
34
|
8 inches No. 4 crushed
or
6 inches 2A subbase and 5 inches BCBC
|
2 1/2 inches ID-2 binder
1 1/2 inches ID-2 wearing course
or
2 1/2 inches ID-2 wearing course
|
|
Cul-de-sac
|
50
|
4 each
|
24
|
30
|
Same as minor (general)
|
Same as minor (general)
|
|
Turnaround of cul-de-sac (diameter)
|
100
|
4
|
80
|
80
|
Same as minor (general)
|
Same as minor (general)
|
|
Service drive (private)
|
N/A
|
N/A
|
20
|
20
|
8 inches No. 3A crushed aggregate
|
2 1/2 inches ID-3 binder
1 1/2 inches ID-2 wearing course
|
|
NOTES:
| |
|---|---|
|
1
|
Required only in absence of curbing.
|
4.
Cul-de-Sac or Dead-End Streets.
A.
Dead-end streets are prohibited unless designed as cul-de-sac streets
as first approved by the Board of Commissioners or designed for future
access to adjoining properties.
B.
Any dead-end street, for access to an adjoining property or because
of authorized phased development, shall be provided with a temporary,
all-weather turnaround within the subdivision or/and land development;
and the use of such turnaround shall be guaranteed to the public until
such time as the street is extended.
C.
Cul-de-sac streets serving residential uses, permanently designed
as such, shall not exceed 800 feet in length and shall not furnish
access to more than 24 dwelling units.
D.
Cul-de-sac streets serving commercial and/or industrial uses shall
be adequate for the type of use to be serviced as approved by the
Township Engineer but, in no case shall exceed 800 feet in length.
E.
Unless future extension is clearly impractical or undesirable, the
turnaround right-of-way shall be placed adjacent to the tract boundary
with sufficient additional width provided along the boundary line
to permit extension of the street at full width.
F.
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turnaround:
the minimum radius to the pavement edge or curb line shall be 40 feet,
the minimum radius of the right-of-way line shall be 50 feet.
G.
Drainage of cul-de-sac streets shall preferably be towards the open
end. If drainage is toward the closed end, it shall be conducted away
in an underground storm sewer.
H.
The center-line grade on a cul-de-sac streets shall not exceed 10%
and the grade of the diameter of the turnaround shall not exceed 5%.
5.
Driveways.
A.
Private driveways on corner lots shall be located at least 40 feet
from the point of intersection of the nearest street right-of-way.
B.
In order to provide a safe and convenient means of access, grades
on private driveways shall be so designed to allow for the unimpeded
flow of stormwater runoff. In addition, driveways must be stabilized
to their full width to prevent erosion. Entrances should be rounded
at a minimum radius of five feet, or should have a flare construction
that is equivalent to the radius at the point of intersection with
the cartway edge (curbline). (Refer to Pennsylvania Department of
Transportation, Guidelines for Design of Local Roads and Street, Publication
No. 70, as revised.)
C.
All driveways shall be located, designed and constructed in such
a manner as not to interfere or be inconsistent with the design and
maintenance and drainage of or the safe and convenient passage of
traffic.
6.
Horizontal and Vertical Curves. In order to provide adequate sight
distance and ensure proper alignment of streets, horizontal and vertical
curve design shall be in accordance with the Pennsylvania Department
of Transportation, Guidelines for Design of Local Roads and Streets,
Publication No. 70, as revised.
7.
Intersections.
A.
Streets shall intersect as nearly as possible at right angles, and
no street shall intersect another at an angle of less than 75°.
B.
Intersections involving the junction of more than two streets are
prohibited.
C.
Streets intersecting another street shall either intersect directly
opposite to each other, or shall be separated by at least 150 feet
between center lines measured along the center line of the street
being intersected.
D.
Intersections shall be approached on all sides by a straight leveling
area, the grade of which shall not exceed 5% within 60 feet of the
intersection of the nearest right-of-way lines.
E.
Intersections with major streets shall be located not less than 800
feet apart measured from center line to center line along the center
line of the major street.
F.
At intersections of streets the curb or edge of pavement radii shall
not be less than the following:
|
Intersection
|
Minimum Simple Curve Radii of Curb or Edge of Pavement
(feet)
|
|---|---|
|
Collector with collector street
|
35
|
|
Collector with minor street
|
25
|
|
Minor street with minor street
|
15
|
|
Radius corners or diagonal cutoffs must be provided on the property
lines substantially concentric with or parallel to the chord of the
curb radius corners.
|
8.
Intersection Sight Distance and Clear Sight Triangles. Adequate sight
distances and areas of view obstructions shall be provided at all
intersections of streets and for driveways intersecting a street in
accordance with Exhibit VI.[1]
[1]
Editor's Note: Exhibit VI is included as an attachment to this chapter.
9.
Street Grades.
A.
The grades of streets shall not be less than the minimum or more
than the maximum requirements listed below:
|
Type of Street
|
Minimum Grade
|
Maximum Grade
|
|---|---|---|
|
All streets
|
0.5%
| |
|
Arterial streets
|
As determined by the governing body after consultation with
the Commission and the Pennsylvania Department of Transportation
| |
|
Collector streets
|
8%
| |
|
Minor streets
|
10%
| |
|
Service drives
|
12%
| |
|
Street intersection
|
5%
|
B.
On minor streets and service drives, grades greater than 10% shall
not be more than 400 feet in length or as determined by the Board
of Commissioners.
10.
Slopes of Banks Along Streets. The slope of banks along streets measured
perpendicular to the street center line shall be no steeper than the
following:
11.
Access Roads and Drives.
A.
Direct access from residential lots to an arterial street shall be
avoided whenever possible. Where such direct access cannot be avoided,
adequate turnaround space shall be provided behind the right-of-way
line.
B.
A valid highway occupancy permit shall be obtained from the Pennsylvania
Department of Transportation. Driveways serving single-family residences
shall intersect streets at angles of no less than 60°. All other
driveways or access roads shall intersect streets at right angles,
where possible, and in no instance shall such intersection be less
than 75°.
C.
The width of access roads or driveways shall be in accordance with
the following standards:
(1)
For multifamily residential, mobile home parks and all nonresidential
developments or subdivisions, access roads shall be no less than 22
feet in width at the street line and shall clearly be defined by the
use of curbing.
(2)
For single-family residential subdivisions, driveways shall
be no less than 10 feet in width and no greater than 20 feet in width
at the street line.
D.
In order to provide for safe and convenient ingress and egress points,
access roads and driveway entrances shall be rounded at the following
minimum radius:
[Ord. 284, 9/11/1985, § 503]
1.
Easements shall be provided for drainage facilities, overhead or
underground public utility facilities in consultation with the Township
Engineer, the electrical utility companies, the Pennsylvania Department
of Transportation and the telephone utility companies.
2.
Where a subdivision and/or land development is traversed by a watercourse,
drainageway channel or stream, there shall be provided a drainage
easement, width to be determined by the Township Engineer conforming
substantially with the line of such watercourse, drainageway, channel
or stream and of such width as will be adequate to preserve the unimpeded
flow of natural drainage or for the purpose of widening, deepening,
relocating, improving or protecting such drainage facilities or for
the purpose of installing a stormwater sewer. Under no circumstances
shall the easement be less than 25 feet.[1]
[1]
Editor's Note: Former Subsection 3, regarding solar skyspace
easements, which immediately followed, was repealed by Ord. No. 607, 5/17/2023.
[Ord. 284, 9/11/1985, § 504]
1.
The length, width, shape and design of blocks shall be determined
with due regard to the provisions of adequate sites for buildings
of the type proposed, to the land use and/or zoning requirements of
the municipality, the topography of the land being subdivided or developed
and the requirements for safe and convenient vehicular and pedestrian
circulation.
2.
Blocks shall not exceed 1,600 feet in length nor be less than 600
feet in length. Where practical, blocks along collector or arterial
streets shall be not less than 1,000 feet in length.
3.
Residential blocks shall generally be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering an
arterial or collector street are used or, where due to the contour
of the land or the necessary layout of the subdivision, there is insufficient
depth between intersecting streets for such two-tier design.
4.
Blocks for commercial and industrial areas may vary from the elements
of design contained in this section if the nature of the use requires
other treatment. In such cases, off-street parking for employees and
customers shall be provided along with safe and convenient limited
access to the street system. Space for off-street loading shall also
be provided with limited access to the street system. Extension of
streets, railroad access rights-of-way and utilities shall be provided
as necessary.
5.
Crosswalks or interior pedestrian walks shall be required in blocks
exceeding 1,000 feet in length or provide for pedestrian circulation
or access to community facilities. Such walks shall be stabilized
for a width of not less than four feet, shall be located in easements
not less than 10 feet in width and shall, insofar as possible, be
located in the center of any such block.
[Ord. 284, 9/11/1985, § 505]
1.
General Standards.
A.
The size, depth, width and orientation of lots shall conform to applicable
zoning regulations of Lower Swatara Township.
B.
Side lot lines shall, insofar as practical, run from due north to
south where the resulting angle of incidence with the street is not
less than 30°. A variation of up to 25° east or west of the
north/south axis is permitted.
C.
Where feasible, lot lines should follow municipal boundaries rather
than cross them, in order to avoid jurisdictional problems.
2.
Lot Frontage.
A.
All lots shall abut a public street existing or proposed or a private
street if it meets the requirements of these regulations.
B.
Double or reverse frontage lots shall be avoided except where required
to provide separation of residential development from major streets
or to overcome specific disadvantages of topography or orientation.
C.
No residential lots shall be created which front upon a limited-access
highway. Furthermore, no major subdivisions and/or land developments
shall be created which front upon an arterial street.
[Ord. 284, 9/11/1985, § 506; as amended by Ord.
448, 11/15/2000; and by Ord. 528, 2/16/2011, § 1]
[Ord. 284, 9/11/1985, § 507; as amended by Ord.
528, 2/16/2011, § 1]
[Ord. 284, 9/11/1985, § 508]
The design and development of all subdivision and land development
plans shall preserve, whenever possible, natural features which will
aid in providing open space for recreation and conditions generally
favorable to the health, safety and welfare of the residents of the
Township. These natural features include the natural terrain of the
site, woodland areas, large trees, natural watercourses and bodies
of water, wetlands, rock outcroppings and scenic views.
A.
Tree Preservation and Planting.
(1)
Trees, with a caliper of six inches or more as measured at a
height of 4 1/2 feet above existing grade, shall not be removed
unless they are located within the proposed cartway or sidewalks portion
of the street right-of-way or within 15 feet of the foundation area
of a proposed building. In areas where trees are retained, the original
grade level shall be maintained, if possible, so as not to disturb
the trees.
(2)
Where existing trees are removed along the street right-of-way
supplemental planting, in the form of appropriate street trees, shall
be introduced. Such trees shall be planted at intervals of between
50 feet and 100 feet, preferably in random patterns and shall be approved
by the Township's Shade Tree Commission.
(3)
When deemed necessary by the Township's Planning Commission,
a landscape plan will be developed for a subdivision and/or land development.
Such plan shall indicate the vegetation or plant cover which exists
and, on the same or separate sheet, the vegetation or plant cover
which will exist when landscaping is completed. In addition, landscaping
shall be designed, installed and maintained with the aim of allowing
as great a portion of the site to remain or become wooded without
adversely affecting the availability of solar access to the south.
(4)
The location and species of trees and other landscaping elements
shall be such that when grown to full maturity shall not impede solar
access and neighboring structures.
B.
Lake, Stream and River Frontage Preservation.
(1)
A maintenance easement for the Township or its designee, with
a minimum of 25 feet, shall be provided along all stream and river
banks and lake edges. Such easement, in all cases, shall be of sufficient
width to provide proper maintenance.
(2)
Lake, stream and river frontage shall be preserved as open space
whenever possible.
(3)
Access shall be provided to the water and maintenance easement
area. The width of such access points shall not be less than 50 feet.
C.
Topography. The existing natural terrain of the proposed subdivision
tract shall be retained whenever possible. Cut-and-fill operations
shall be kept to a minimum.
[Ord. 284, 9/11/1985, § 509]
1.
General Standards.
A.
Where not prohibited by this chapter or any other laws or ordinances,
land located in any identified floodplain area or district may be
platted for development with the provisions that the developer construct
all buildings and structures to preclude flood damage in accordance
with this and any other laws and ordinances regulating such development.
B.
Building sites for residences or any other type of dwelling or accommodation
shall not be permitted in any identified floodway area of district.
Sites for these uses may be permitted outside the elevated 1 1/2
feet above the regulatory flood elevation. If fill is used to raise
the elevation of a site, the fill area shall extend out laterally
for a distance of at least 15 feet beyond the limits of the proposed
structures.
C.
Building sites for structures or buildings other than for residential
uses shall not be permitted in any identified floodway area or district.
Also, such sites for structures or buildings outside the floodway
shall be protected as provided for in Subsection 1B above. However,
the governing body may allow the subdivision and/or development of
areas or sites for commercial and industrial use at an elevation below
the regulatory flood elevation if the developer otherwise protects
the area to that height or assures that the buildings or structures
will be floodproofed at least up to that height.
D.
When a developer does not intend to develop the plat himself and
the Township determines that additional controls are required to insure
safe development, it may require the developer to impose appropriate
deed restrictions on the land. Such deed restrictions shall be inserted
in every deed and noted on every recorded plat.
2.
Where any excavation or grading is proposed or where any existing
trees, shrubs or other vegetative cover will be removed, the developer
shall consult the County Conservation District representative concerning
plans for erosion and sedimentation control and to also obtain a report
on the soil characteristics of the site so that a determination can
be made as to the type and degree of development the site may accommodate.
Before undertaking any excavation or grading, the developer shall
obtain a grading and excavation permit if such is required by the
Township.
3.
Drainage Facilities.
A.
Storm drainage facilities shall be designed to convey the flow of
stormwater runoff in a safe and efficient manner. The system shall
insure proper drainage along streets and provide positive drainage
away from buildings.
B.
Plan shall be subject to the approval of the Township. The Township
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and
county drainage plans. The facilities shall be designed to prevent
the discharge of excess runoff onto adjacent properties.
4.
Streets and Driveways. The finished elevation of proposed streets
and driveways shall not be more than one foot below the regulatory
flood elevation. The Township may require profiles and elevations
of streets to determine compliance with the requirements. Drainage
openings shall be sufficient to discharge flood flows without unduly
increasing flood heights.
5.
Sanitary Sewer Facilities. All sanitary sewer systems located in
any designated floodplain district, whether public or private, shall
be floodproofed up to the regulatory flood elevation.
6.
Water Facilities. All water systems located in any designated floodplain
district, whether public or private, shall be floodproofed up to the
regulatory flood elevation.
7.
Other Utilities and Facilities. All other public and private utilities
including gas and electric shall be elevated or floodproofed to not
less than 1 1/2 feet above the regulatory flood elevation.
[Ord. 284, 9/11/1985, § 510; as amended by Ord.
365, 8/14/1991, § 1]
1.
General Requirements and Purpose. Except as hereafter provided, all
residential subdivision plans and land development plans shall provide
for suitable and adequate recreation in order to:
A.
Ensure adequate recreational areas and facilities to serve the future
residents of the land encompassed by the subdivision or land development
plan.
B.
Maintain compliance with recreational standards as developed by the
National Recreation and Parks Association.
C.
Reduce increasing usage pressure on existing recreational areas and
facilities.
D.
Comply with the Township's Comprehensive Plan with regard to size,
distribution and development of recreation areas.
E.
Ensure that all present and future Township residents have the opportunity
to engage in many and varied recreational pursuits.
F.
Reduce the possibility of the Township becoming overburdened with
the development and maintenance of many small, randomly planned and
widely separated recreation areas.
G.
Provide for the opportunity of combining small plots of dedicated
land from several developments or subdivisions into larger, more usable
tracts.
2.
Land Requirements for Proposed Recreation Areas.
A.
The amount of land required to be provided for recreation purposes
for residential subdivisions and land developments shall be one acre
for every 25 dwelling units or fraction thereof.
B.
Such lands set aside shall be suitable to serve the purpose of active
and passive recreation by reasons of its size, shape, location and
topography and shall be subject to the approval of the Board of Commissioners.
C.
All such recreation areas upon acceptance by the Board of Commissioners
shall be open to the public.
D.
All of the recreation areas shall be offered for dedication to the
Township.
E.
If the Township does not accept the dedication of the recreation
area, then a homeowners' association shall be established. The deed
of conveyance of such recreation area to the homeowners' association
shall contain a restrictive covenant limiting such land and improvements
to the common use of the property owners within the development or
subdivision and to the general public for the purposes initially approved
by the Township. The deed shall also contain a restriction that said
lands and improvements may not be sold or disposed of by the association,
except to another organization formed to own and maintain said recreation
areas without first offering to dedicate the land and improvements
to the Township.
3.
Criteria for Required Recreation Areas. Required recreation areas
shall:
A.
Be easily and safely accessible from all areas of the development
to be served, have good ingress and egress and have direct access
to a public street.
B.
Be contiguous and regular in shape.
C.
Have suitable topography and soil conditions for use and development
as a recreation area.
D.
At least 75% of the required area shall have a slope of no greater
than 7%.
E.
A maximum of 25% of the required area may be within floodplains or
wetlands.
F.
Be easily accessible to water, sewer and electrical utilities.
G.
Be interconnected with common open space areas on abutting parcels
wherever possible, including provisions for pedestrian pathways for
general public use to create linked pathway systems within the Township.
H.
Be suitable for development as a particular type of park as categorized
by the National Recreation and Park Association's "National Park,
Recreation and Open Space Standards and Guidelines," 1983, and updates.
I.
Be designed and developed according to the standards established
by the National Recreation and Park Association.
J.
Be compatible with the objectives, guidelines and recommendations
as set forth in the recreation plan portion of the Lower Swatara Township
Comprehensive Plan and updates.
K.
Bear a reasonable relationship to the use of the recreation area
by future inhabitants of the subdivision or development.
4.
Dedication to Township.
A.
The required recreation area shall be offered for dedication to the
Township for public use.
B.
When the Board of Commissioners deems it to be in the public interest
to accept title to and dedicated land, such acceptance shall be by
means of a signed resolution and deed conveying clear title. The developer
or landowner shall be responsible for providing the Township with
a survey of the area offered for dedication, the deed, the resolution
and other necessary documents and filing charges.
C.
Recreation areas of less than one acre shall not be accepted unless
opportunities exist to combine them with those of one or more other
subdivisions or developments.
D.
Such area dedicated to the Township for public use shall be suitable
for recreational purposes by reasons of size, shape, location, topography
and access.
E.
The Board of Commissioners, after having conferred with the Planning
Commission, may find dedication to be impracticable because of the
size, shape, location, features of the land or because the dedication
would adversely affect the subdivision or development and its future
residents. In such cases, the Board shall offer the payment of a fee
in lieu of land dedication as an option to the developer or landowner
if other suitable land cannot be offered for dedication.
F.
All approved recreation areas shall be developed and dedicated before
50% occupancy has been reached in any applicable subdivision or land
development.
5.
Recreation Facility Development.
A.
Developers required to dedicate land for recreation shall enter into
an agreement with the Township, where the development will cause an
adverse impact, such as the overburdening of the existing recreation
facilities of the Township, to develop the recreation areas according
to the "National Park, Recreation and Open Space Standards and Guidelines"
published by the National Recreation and Park Association in 1983
and any succeeding updates or revisions.
B.
Specific facilities to be constructed shall conform to the previously
referenced standards based upon the size of the recreation area being
dedicated.
C.
In cases where the opportunity exists to combine dedicated recreation
areas with that of another subdivision or land development, the developer
shall escrow funds intended for later construction of facilities on
a combined recreation area according to the subdivisions's or development's
percentage contribution to the ultimate combined recreation area.
The Township shall develop the combined recreation area with the escrowed
funds when the remaining portions of the land have been conveyed to
the Township.
D.
The actual size, number, placement and other specifications of recreation
facilities to be developed shall be presented to the Planning Commission
and the Board.
E.
Final subdivision and land development plans shall indicate location
and specifications of all recreation facilities to be constructed
and shall include a legal description of the recreation area.
F.
There shall be submitted to the Township security for the completion
of recreation facilities in the same manner as other public improvements.
G.
The following recreation facilities shall be used as a guideline
where the Township and the developer agree that recreation facilities
will be installed:
|
Dwelling Units
|
Play Areas
|
Basketball and/or Volleyball Courts
|
Tennis Courts
|
Softball and/or Baseball Diamonds
|
Pavilion
|
Soccer and/or Football Fields
|
|---|---|---|---|---|---|---|
|
25 or less
|
1
|
—
|
—
|
—
|
—
|
—
|
|
26 to 50
|
1
|
1
|
—
|
—
|
—
|
—
|
|
51 to 100
|
1
|
1
|
—
|
—
|
1
|
—
|
|
101 to 200
|
2
|
2
|
1
|
1
|
1
|
—
|
|
201 to 300
|
2
|
2
|
2
|
1
|
1
|
1
|
|
301 to 400
|
2
|
2
|
2
|
2
|
2
|
1
|
|
Over 400
|
3
|
2
|
2
|
2
|
2
|
2
|
|
The Board of Commissioners may, upon application, approve alternate
facilities if the alternative is at least the equivalent of the required
facilities.
|
H.
Design of recreation areas shall be reviewed by the Planning Commission
and approved by the Board of Commissioners.
6.
Fee in Lieu of Dedication.
A.
When the Board of Commissioners decides that because of size, shape,
location, access, topography or other physical features, it is impractical
for the developer to dedicate land for recreation areas as required
by this Part and the developer does not offer other suitable land,
the Board may accept the payment of a fee in lieu of land dedication.
Payment of such fees shall be a condition precedent to the approval
of the final land development or subdivision plan.
B.
Fee in lieu payment shall be arrived at by resolution adopted by
the Board of Commissioners that will set the fee-in-lieu amounts based
on the number of dwelling units proposed. Amounts established shall
remain in effect until a succeeding resolution establishing other
rates is adopted.
C.
All monies paid to the Township pursuant to this section shall be
kept in a recreation development fund. Monies in such fund shall be
used only for the acquisition of land and capital improvements or
development for park and recreation purposes within the general area
which is accessible to the residents of the development or subdivision
for which the monies have been received. All such monies shall be
deposited in interest-bearing accounts which identify the specific
recreation facilities for which the monies have been received. Interest
earned on such accounts shall become funds of that account. Monies
from such accounts shall be expended only in properly allocable portions
of the cost incurred to construct specific recreation facilities for
which the funds were collected. Upon the request of any person who
paid monies under this provision, the Township shall refund such monies,
plus interest accumulated thereon from the date of payment, if the
Township has failed to utilize the monies paid for the purposes set
forth in this section within three years from the date such monies
were paid.
D.
Historic features and other points of interest shall be preserved
and may receive up to 1/2 credit toward the recreation area requirements
under the following conditions:
(1)
The feature being preserved shall be listed upon a Township,
county, state or national register or inventory of features, monuments
or places of historic or general interest or the applicant shall by
some other means demonstrate to the satisfaction of the Board that
the said feature is of sufficient public interest to warrant preservation.
Features may include, but shall not necessarily be limited to, historically,
culturally or architecturally significant buildings, monuments or
archaeological sites and any other features which shall be deemed
by the Board to be of historic or cultural value to the Township.
(2)
The feature shall be situated upon a tract of land of sufficient
size to preserve an impression, although not necessarily the exact
condition, of the environs of the said feature prior to construction
of the proposed development. The amount of credit toward open space
requirements shall be equivalent to the size of the tract.
(3)
The feature shall not be moved.
(4)
The developer may be required to provide interpretive signage
explaining the significance of the feature.
(5)
The feature and the tract upon which it is located shall be
maintained by the owner of the tract, a community association, a public
agency or a private conservation group which shall be responsible
for the maintenance of the feature and its ground.
(6)
The developer shall be responsible for improvements to the site
deemed by the Board to protect public safety.
(7)
The Township shall maintain a permanent record of all historic
features which have been credited to open space requirements as well
as the amount of land per feature so credited.
