The common open space shall be located so as
to be consistent with good design principles for land use. Where possible,
it shall be designed as a contiguous area easily accessible to the
residents and preserving natural features.
A.
There shall be provisions which ensure that the common
open space land shall continue as such and be properly maintained.
The developer shall either:
(1)
Dedicate such land to public use if the Township or
another public agency has indicated it will accept such dedication;
(2)
Retain ownership and responsibility for maintenance
of such open space land; or
(3)
Provide for and establish one or more organizations
for the ownership and maintenance of all common open space.
Where commonly owned open space is proposed
and the Township of Brighton has indicated that it will not accept
such land, a homeowners' association or open space trust shall be
formed and be governed according to the following regulations:
A.
The organization is organized by the developer and
operated with financial subsidization by the developer, if necessary
before the sale of any lots within the development. At such time that
25% of the parcels in the development have been built upon and occupied,
the organization shall become active through the election of a Board
of Directors.
B.
Membership in the organization is mandatory for all
purchasers of homes therein and their successors.
C.
The organization shall be responsible for maintenance,
insurance and taxes on common open space.
D.
The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
E.
The organization shall have or hire adequate staff
to administer common facilities and maintain the common open space.
F.
In the event that the organization established to
own and maintain a common open space or any successor organization
shall at any time after establishment of the homeowners' association
fail to maintain the common open space in reasonable order and condition
in accordance with the development plan, the Township may serve written
notice upon such organization or upon the residents and owners of
the development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured.
[Added 12-12-2005 by Ord. No. 146]
A.
Purpose. The Brighton Township Recreation Land and
Facilities Program is established to provide all Township residents
with land and recreation facilities based on the Recreation Plan and
the Township Comprehensive Plan. The required dedication of public
recreation land or the payment of fees-in-lieu-of-dedication of public
recreation land is based on the standards set forth in the Recreation
Plan, Part V.
B.
A minimum of 2,533 square feet of public recreation
land shall be dedicated for each dwelling unit proposed in a residential
subdivision or land development and shall be identified on the final
plat.
C.
Land to be dedicated for public recreation land shall
meet the following minimum standards:
(1)
Land shall provide recreation opportunities
to all residents of the Township, with reasonable access to the proposed
public recreation area;
(2)
Land shall be centrally located within the development
site, on one tract of land and with no intervening land;
(3)
Land shall be accessible to each dwelling unit
proposed, whether singly or in combination with other units in a residential
subdivision or land, via pedestrian easements or dedicated rights-of-way
within which sidewalks can be designed and built, and to all other
dwelling units off site with reasonable access to the development
via public rights-of-way.
(4)
Land shall be graded to a maximum of 3% slope;
(5)
Land shall have public utilities, including
water, sanitary sewer and electric service, when such development
includes the provisions of such utilities;
(6)
Land shall be free from any encumbrances or
liens which would prevent, limit or restrict its use in any way for
recreational purposes.
(7)
Land shall not include areas defined as wetlands
by either the Army Corps of Engineers or the Pennsylvania Department
of Environmental Protection;
(8)
Land shall be seeded and otherwise ready to
be used for recreational purposes in full compliance with all other
provisions of this section within six months of occupancy of the first
dwelling unit in a residential development;
(9)
Land shall be a minimum size of three acres
(Recreation Plan, Part V). Where the aggregate area of land to be
dedicated on a per-dwelling-unit (or per-household) basis would result
in less than three acres because of the number of lots being created,
the developer or applicant has the following options:
(10)
Land shall be capable of achieving the Township's
recreation and open space objectives as set forth in the Brighton
Township Comprehensive Plan, as adopted by the Brighton Township Supervisors
in 1999.
(11)
Land shall be suitable for recreational uses,
as described in the Recreation Plan.
D.
In-lieu-of-dedication of public recreation land, the developer or applicant shall pay a fee of $612.46, as calculated per Exhibit #V-9 in the Recreation Plan, or such other amount as the Supervisors may hereafter declare by resolution, for each dwelling unit proposed at the time of final approval. This fee shall be paid prior to the issuance of a building and zoning permit for the construction of any dwelling unit, and such fees shall comply with the provisions of § 180-78.
E.
Subdivisions of three or fewer lots and land developments
of three or fewer units shall not be required to dedicate public recreation
land.
