ARTICLE VIII - Mandatory Dedication of Recreation Land :
Section 196-801. - Recreation Land/Fee Requirements. Recreation land shall be defined as usable area that can be developed for playgrounds or tot lots, neighborhood parks, or community parks for active outdoor recreation. All residential subdivision or land development plans shall provide for suitable and adequate recreation land and/or fees as set forth in this Ordinance and the Township Zoning Ordinance in order to fulfill the following purposes.
1. Insure adequate recreational areas and facilities to serve future residents of the Township.
2. Maintain compliance with recreation standards as recommended by any Nockamixon Township Park and Recreation Comprehensive Plan which may beadopted by the Nockamixon Township Board of Supervisors.
3. Minimize overuse of, and excessive demand for, existing recreational areas and facilities by future residents.
4. Allow for orderly acquisition and development of recreational areas to serve new Township residents.
5. Ensure that dedicated recreation land is suitable for theits intended use.
Section 196-802. - Recreation Land Dedication Requirements.
1. All residential subdivision or land development plan submissions to the Township shall be required to provide for public dedication of land suitable for park and/or recreation use in accordance with the provisions of Section 234-36.F of the Zoning Ordinance.
2. This recreation land requirement shall in no way diminish the requirement for open space where an open space requirement is set by the Township Zoning Ordinance.
Section 196-803. - Criteria for Determining the Location and Suitability of Recreation Areas.
1. Site(s) must be easily and safely accessible, have good ingress and egress and have access to a public road.
2. Site(s) must have suitable topography for the development as a particular type of recreation area.
3. Size and shape of the site(s) must be suitable for the development as a recreation area.
4. Site(s) must meet the minimum size with respect to usable acreage as recommended by anyPark and Recreation Comprehensive Plan adopted for Nockamixon Township.
5. Sites designated for recreation land shall not contain lands with natural resources land that is to be permanently protected and undeveloped in accordance with Section 234-36, Environmental Protection Standards of the Township Zoning Ordinance, stormwater detention facilities, or lands designated for any other purpose.
6. The recreational activities and/or facilities for which the area is intended must be specified on the development plans and recorded on the mylars.
7. Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
8. The configuration of the recreation area must be able to accommodate recreation activities proposed by the development plans. The required areas shall not include narrow or irregular pieces which are remnants from lotting and/or street and parking areas.
9. On-site improvements shall be commensurate with the adjacent on-site development improvements, including but not limited to grading, curb, sidewalks, and utilities.
10. Open space which is required to be set aside as part of a cluster development, performance subdivision, or other use which requires open space shall be provided in addition to the recreation land required by this Article. Where both open space and recreational land are required, the requirements for mandatory dedication of recreation land shall be met in addition to the requirements for open space.
Section 196-804. - Ownership/Dedication to Township of Recreation Land.
1. The Nockamixon Township Planning Commission and Park and Recreation Board (if applicable) will provide recommendations on any proposed recreation land dedication and any proposed assessment of recreation fees-in-lieu of land dedication.
2. If the Board of Supervisors determines that recreation land dedication would be in the public interest, such recreation land shall be owned and maintained by an entity that the Board of Supervisors determines is acceptable to ensure proper long-term oversight and maintenance of the land. This may be any of, but not limited to, the following, providing such entity agrees to accept such land for permanent recreation purposes:
A. Retention by the owner of the development if such dwelling units are to be rented, subject to restrictions acceptable to the Township Solicitor which shall ensure the perpetual dedication of the land for recreational use.
B. Dedication to a formal homeowner or condominium association, with such agreement subject to approval of the Board of Supervisors, after review by the Township. If any entity responsible for such recreation land should dissolve or become inactive or decide that it no longer wishes to be responsible for such land, it shall offer such land at no cost to the Township or to another entity that the Township so designates for continued use as recreation land.
C. Dedication to an established State, county or regional organization acceptable to the Board of Supervisors.
D. Dedication to Nockamixon Township.
3. If the Board of Supervisors deems it to be in the public interest to accept dedication of land for recreational purposes, such acceptance shall be by adoption of a Resolution of the Board of Supervisors and acceptance of a deed of dedication from the developer. Acceptance of dedication of recreational land by the Township shall occur following a formal offer by the developer with title insurance and other information and conditions as required by the Township.
4. Recreation land shall include deed restrictions to permanently restrict its use for recreation and to prohibit the construction of buildings on the land, except building for non-commercial recreation or to support maintenance of the land.
Section 196-805. - Reserved |