The applicant shall dedicate land suitable for park or recreational use to the Township, unless one of the alternatives set forth in §
205-116 is agreed to by the Township and the applicant. The land shall be dedicated to the Township as a condition of final plan approval, and no lots shall be sold or built upon until and unless the actual transfer of title has been completed or guaranteed to the satisfaction of the Board. The requirements of this chapter shall be in addition to any other Township requirements for dedication of open space.
The amount and location of land to be dedication
to the Township shall be 10% of the total lot area of a proposed subdivision
or land development.
A. The land dedicated to the Township for park and recreation
purposes need not be a part of the land development or subdivision.
It may be located on a separate parcel of land, provided that, in
the sole discretion of the Board of Supervisors, it is convenient
to the future inhabitants of the subdivision or land development.
In addition, the applicant, with the approval of the Township, may
dedicate land or construct park and recreation facilities at Township
facilities, a public school situated within the Township, or the facilities
of another developer to satisfy the requirements of this section.
B. No more than 25% of the minimum land area required
for park and recreation land may consist of floodplain areas, wetlands
or areas with slopes in excess of 8%. Floodplains, wetlands and steep
slopes may not be used for active recreation.
C. The minimum land area required for park and recreation
shall not include land designed for retention/detention basins in
connection with required stormwater management nor contain fuel, power
or other transmission lines, whether underground or overhead.
D. The land to be dedicated must be suitable for active
or passive recreation by reason of its size, shape, location and topography
and shall be provided with safe and direct access, either by adjoining
public road frontage or public easements, which shall be no less than
25 feet in width.
E. Areas shall comprise a single parcel of land except
where the Board shall determine that two or more parcels would be
in the public interest.
F. The area dedicated may not be used in calculating
density.
When land is dedicated, acceptance by the Township
shall be by means of a signed resolution to which a property description
of the dedicated recreational area shall be attached. All changes
and agreements shall eventually be listed directly on the signed drawing
linens of the final plans. A fee simple warranty deed conveying the
property shall be delivered to the Township with title free and clear
of all liens and encumbrances except for public utility easements.
In no event shall the Township be required to accept dedication of
park and recreational areas.
[Amended 5-27-2003 by Ord. No. 03-169ZS]
A. Fee in lieu of dedication.
(1)
The Board of Supervisors and the applicant may
agree to the payment of a fee in lieu of dedication of land.
(2)
Where the Board and the applicant agree that
a fee is to be contributed in lieu of the dedication of land, the
amount shall be $2,000 per dwelling unit and $0.50 a square foot for
nonresidential development or use up to 10,000 square feet and $0.25
a square foot over 10,000 square feet.
(3)
Any fee in lieu of dedication which is collected
by the Township shall be used only for the purpose of providing park
and recreational facilities within the Township.
(4)
A fee authorized under this subsection shall,
upon its receipt by the Township, be deposited in an interest-bearing
account, designated as the Township Park and Recreation Fund. Interest
earned on such accounts shall become funds of that account. Funds
from such accounts shall be expended only on the design, construction
or acquisition of specific recreation facilities approved by the Board
of Supervisors.
(5)
Upon request of any person who paid fees under
this subsection, the Township shall refund such fee, plus interest
accumulated thereon from the date of payment, if the Township has
failed to utilize the fee paid for recreation purposes within three
years from the date such fee was paid unless return of the fee has
been waived by agreement between the applicant and the Township.
Any land dedicated to the Township shall be
used only for the purpose of providing park and recreational facilities.
The types of recreational facilities shall be designed and constructed
as provided in the Township Park and Recreation Plan and be deemed
to include but not be limited to:
A. Playground equipment and surfaces.
B. Playfields (baseball fields, football fields, soccer
fields or the like, designed for active recreation).
D. Tot lots (small playgrounds especially designed for
young children).
G. Jogging paths with exercise stations.
H. Bicycle and walking trails.
J. Utility services (electric, water fountains and toilet
facilities).
K. Landscaping, earth shaping and plant materials.
L. Picnic facilities and benches.
N. Lighting facilities related to park and recreation
facilities.
The Board of Supervisors shall adopt a formal
Park and Recreation Plan for Montgomery Township by resolution. Future
park and recreational facilities proposed within the Township shall
be in accordance with principles and standards contained in the plan.
The plan may be amended from time to time by resolution of the Board
of Supervisors.