[Ord. 2013-673, 3/12/2013]
In providing for the mandatory dedication of land for park and
recreational facilities by developers or payment of a fee in lieu
thereof, it is the intent of the Township:
A.
To provide adequate open spaces, recreational lands and recreational
facilities to serve both the residents and nonresidents of the Township
by providing for both passive and active recreation.
B.
To further implement the Township's park, recreation and open
space plans and goals as set forth in the Township's Comprehensive
Plan and Park and Recreation Plan Update, 2012-2013.
C.
To recognize that the development of residential, commercial, business
office, professional and industrial uses in the Township creates a
demand for local recreational facilities.
[Ord. 2013-673, 3/12/2013]
[Ord. 2013-673, 3/12/2013]
1.
Dedication of Land. The applicant for subdivision or land development
approval shall dedicate land suitable for park or recreational use
to the Township, unless one of the alternatives set forth herein 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 of Commissioners.
A.
The amount of land to be dedicated to the Township shall be as follows:
|
Type of Development
|
Minimum Required Percentage of Gross Tract Area Which
Must Must be Dedicated
| |
|---|---|---|
|
Single-family detached dwelling residential use
|
10%
| |
|
Other residential uses
|
10%
| |
|
Commercial uses
|
5%
| |
|
Business office or professional uses
|
5%
| |
|
Industrial uses
|
5%
|
B.
No more than 25% of the minimum land area required for park and recreation
land may consist of floodplain or riparian corridor buffer areas,
wetlands or areas with slopes in excess of 8%. Floodplains, riparian
corridor buffers, 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.
The land to be dedicated shall comprise a single parcel of land,
except where the Board of Commissioners shall determine that two or
more parcels would be in the public interest.
F.
The area to be dedicated may not be used in calculating density.
G.
Any land dedicated to the Township shall be used only for the purpose
of providing park and recreational facilities.
2.
Fee in Lieu of Dedication.
A.
The Board of Commissioners and the applicant may agree to the payment
of a fee in lieu of dedication of land.
B.
Where the Board of Commissioners and the applicant agree that a fee
is to be contributed in lieu of the dedication of land, the amount
of the fee shall be equal to the fair market value of the undeveloped
land that otherwise would have been required to be dedicated.
C.
Fair market value of the land in lieu of which the fee is paid shall
be determined by agreement of the Board of Commissioners and the applicant.
In the event that the Board of Commissioners and applicant cannot
agree upon the fair market value of the land, then an MAI appraisal
shall be supplied and paid for by the applicant and reviewed by the
Board of Commissioners. The appraisal required by this subsection
shall be prepared by a recognized, licensed, competent real estate
appraiser with no interest, financial or otherwise, in the affected
property or application.
D.
The Board shall reserve the right to obtain its own appraisal; and
in the event that the Township appraisal is valued at less than 10%
greater than the applicant's appraisal, the value shall be the
difference between the two appraisals; in the event that the Township
appraisal is valued 10% greater than that of the applicant, then a
third appraiser shall be selected by agreement of both the Board and
applicant, to be paid for by the applicant, to resolve the difference.
E.
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 West Norriton Township.
F.
A fee authorized under this subsection shall, upon its receipt by
the Township, be deposited in an interest-bearing account, designated
as the "West Norriton Township Parks and Recreation Fund." Interest
earned on such account shall become funds of that account. Funds from
such account shall be expended only on the design, construction or
acquisition of specific recreation facilities approved by the Board
of Commissioners.
G.
Upon the written request of any person who paid fees under this subsection,
unless there has been a written agreement to the contrary between
the applicant and the Township, 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.
3.
Combination of Dedication of Land and Payment of Fees.
A.
Where the applicant and the Board of Commissioners agree, the applicant
may utilize any combination of the dedication of land and/or the payment
of fees in lieu of the dedication of land to satisfy the applicant's
park and recreation obligation.
B.
Credit for the cost of construction of any park and recreation facility
shall be subject to the review and approval of the Township Engineer
as determined by prevailing costs for labor, structures and materials
associated with the facility.
[Ord. 2013-673, 3/12/2013]
The Board of Commissioners shall adopt and, where appropriate,
update a formal Parks and Recreation Plan for the 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 Commissioners.
[Ord. 2013-673, 3/12/2013]
Fees required under this section shall be due and payable at
the time of execution of the final plan by the Township and shall
in any case be paid prior to recording of the final plan.
[Ord. 2013-673, 3/12/2013]
When land is offered for dedication, 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. 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 the park and recreational areas.
