S 105-53. Park and recreational facilities, land and/or fees. [Amended 10-21-2004 by Ord. No. 795] +------------------------------------------------------------------------+ | | Legislative intent: | | | | | | (1) | | | | | | 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. | | | | | A. | (2) | | | | | | To further implement the Township's park, recreation and open | | | space plans and goals as set forth in the Township's | | | Comprehensive Plan. | | | | | | (3) | | | | | | To recognize that the development of residential, commercial and | | | industrial uses in the Township creates a demand for local | | | recreational facilities. | |----+-------------------------------------------------------------------| | | Applicability. | | | | | | (1) | | | | | | This section shall apply to any residential or nonresidential | | | subdivision and land development applications and plans, and any | | | amendments thereto, filed after the effective date of this | | B. | section. | | | | | | (2) | | | | | | This section shall not apply to applications and plans that the | | | Board of Supervisors determines to involve only minor adjustments | | | or corrections to applications and plans for approval pending as | | | of the effective date of this section. | |----+-------------------------------------------------------------------| | | Community assets. In commercial, industrial and | | | business/professional areas, provisions shall be made for | | | suitable areas for walkways (connecting parking facilities with | | C. | the respective structures, malls, sitting areas, bus stops and | | | other amenities). Due consideration shall be given to the | | | preservation of natural features, including large trees, graves, | | | waterways, scenic points, historical spots and other community | | | assets. | |----+-------------------------------------------------------------------| | | Dedication of land suitable for park and recreational use to the | | | Township or payment of fees in lien thereof. | | | | | | (1) | | | | | | Dedication of land. The applicant shall dedicate land suitable | | | for park or recreational use to Whitemarsh, 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 | | | Supervisors. | | | | | | (a) | | | | | | The amount and location of land to be dedicated to the Township | | | shall be 10% of the total site area of a proposed subdivision or | | | land development. | | | | | | (b) | | | | | | The land dedicated to the Township for park and recreation | | | purposes need not be a part of the land development or | | | subdivision, but 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 Board of Supervisors, may dedicate land or | | | construct park and recreation facilities at existing Township | | | facilities, a public school situated within Whitemarsh Township, | | | county-owned parkland or the facilities of another developer, to | | | satisfy the requirements of this section. | | | | | | (c) | | | | | | 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. | | | | | | (d) | | | | | | 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. | | | | | | (e) | | | | | | 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. | | | | | | (f) | | | | | | Areas shall comprise a single parcel of land except where the | | | Board of Supervisors shall determine that two or more parcels | | | would be in the public interest. | | | | | | (g) | | | | | | The area dedicated may not be used in calculating density. | | | | | | (h) | | | | | | Any land dedicated to the Township shall be used only for the | | | purpose of providing park and recreational facilities. | | | | | | (i) | | | | | | 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. | | | All changes and agreements should 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. | | | | | | (2) | | | | | | Fee in lieu of dedication. | | | | | | (a) | | | | | | The Board of Supervisors and the applicant may agree to the | | | payment of a fee in lieu of dedication of land. | | | | | | (b) | | | | | | Where the Board of Supervisors 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 Supervisors and | | | the applicant. In the event that the Board of Supervisors 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 Supervisors. 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 Whitemarsh 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 Whitemarsh Township Parks and Recreation Fund. | | D. | 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. | | | | | | (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 had failed to utilize the fee | | | paid for recreation purposes within three years from the date | | | such fee was paid. | | | | | | (3) | | | | | | Use of land and fees. 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) | | | | | | Play fields (baseball fields, football fields, soccer fields or | | | the like, designed for active recreation). | | | | | | (c) | | | | | | Tennis courts. | | | | | | (d) | | | | | | Tot lots (small play areas designed for young children). | | | | | | (e) | | | | | | Basketball courts. | | | | | | (f) | | | | | | Street hockey rinks. | | | | | | (g) | | | | | | Paddle tenths courts. | | | | | | (h) | | | | | | Jogging paths with exercise stations. | | | | | | (i) | | | | | | Bicycle and walking trails. | | | | | | (j) | | | | | | Parking lot facilities associated with the foregoing. | | | | | | (k) | | | | | | Utility services (electric water fountains and toilet | | | facilities). | | | | | | (l) | | | | | | Landscaping, earth-shaping and plant materials. | | | | | | (m) | | | | | | Picnic facilities and benches. | | | | | | (n) | | | | | | Swimming pools. | | | | | | (o) | | | | | | Lighting facilities related to park and recreation facilities. | | | | | | (4) | | | | | | Combination of dedication of land and payment of fees. | | | | | | (a) | | | | | | Where the applicant and the Board of Supervisors 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. | | | | | | (5) | | | | | | Parks and recreation plan. The Board of Supervisors shall adopt 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 Supervisors. | | | | | | (6) | | | | | | Timing of fees. 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. | | | | | | (7) | | | | | | Fee modification process. An applicant may seek modification to | | | the required amount of a recreation fee under this section. The | | | burden of proof, based upon relevant data and qualified | | | professional testimony, shall be upon the applicant to clearly | | | prove to the satisfaction of the Board of Supervisors that the | | | required fees under this section would: | | | | | | (a) | | | | | | For a residential development, be disproportionate compared to | | | the current market value of the common open space that would | | | otherwise he required to be dedicated. | | | | | | (b) | | | | | | For a business development, would be disproportionate compared to | | | the amount of impact on recreation facilities and common open | | | spaces that the employees or users of the development would have | | | upon the Township. | +------------------------------------------------------------------------+ S 105-54. Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in the categories listed in Subsections A, B or C below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used: +------------------------------------------------------------------------+ | | Lawn: a grass area with or without trees which may be used by the | | A. | residents for a variety of purposes and which shall be mowed | | | regularly to ensure a neat and tidy appearance. | |----+-------------------------------------------------------------------| | | Natural area: an area of natural vegetation undisturbed during | | | construction, or replanted. Such areas may contain pathways. | | | Meadows shall be maintained as such and not left to become | | B. | weed-infested. Maintenance may be minimal, but shall prevent the | | | proliferation of weeds and undesirable plants such as honeysuckle | | | and poison ivy. Litter, dead trees and brush shall be removed, | | | and streams shall be kept in free-flowing condition. | |----+-------------------------------------------------------------------| | | Recreation area: an area designated for a specific recreation | | | use, including but not limited to tennis, swimming, shuffleboard, | | C. | play field and tot lot. Such areas shall be maintained so as to | | | avoid creating a hazard or nuisance, and shall perpetuate the | | | proposed use. | +------------------------------------------------------------------------+ S 105-55. Conveyance and maintenance of open space. All open space, shown on the final plan as filed in the office of the Manager and subsequently recorded in the office of the Recorder of Deeds of Montgomery County, must be conveyed in accordance with one or more of the following methods: +------------------------------------------------------------------------+ | | Dedication in fee simple to the Township of Whitemarsh. The | | | Township may, but shall not be required to, accept any portion or | | | portions of the open space, provided that such land is freely | | A. | accessible to, and of benefit to the general public of Whitemarsh | | | Township, there are no acquisition costs involved, the Township | | | agrees to and has access to maintain such lands, and it must be | | | acceptable with regard to size, shape, location and improvement. | |----+-------------------------------------------------------------------| | | By conveying title (including beneficial ownership) to a | | | corporation, association, funded community trust, condominium or | | | other legal entity. | | | | | | (1) | | | | | | The terms of such instrument of conveyance must include | | | provisions suitable to the Township for guaranteeing: | | | | | | (a) | | | | | | The continued use of such land for the intended purpose. | | | | | | (b) | | | | | | Continuity of proper maintenance for those portions of the open | | | space requiring maintenance. | | | | | | (c) | | | | | | The availability of funds required for such maintenance. | | | | | | (d) | | | | | | Adequate insurance protection. | | | | | | (e) | | | | | | Provisions for payment of applicable taxes. | | | | | | (f) | | | | | | Recovery for loss sustained by casualty, condemnation or | | | otherwise. | | | | | | (g) | | | | | | Such other covenants and/or easements that the Township shall | | | deem desirable to fulfill the purposes and intent of these | | | regulations. | | | | | | (2) | | | | | | The following are prerequisites for such a corporation or | | | association: | | | | | | (a) | | B. | | | | It must be set up before any homes or dwelling units are sold or | | | leased or otherwise conveyed. | | | | | | (b) | | | | | | Membership must be mandatory for each buyer and/or lessee and any | | | successive buyer and/or lessee. | | | | | | (c) | | | | | | It must be responsible for liability, insurance, taxes, recovery | | | for loss sustained by casualty, condemnation, or otherwise, and | | | the maintenance of recreational and other facilities. | | | | | | (d) | | | | | | Member of beneficiaries must pay their pro rata share of the | | | costs, and the assessment levied can become a lien on the | | | property. | | | | | | (e) | | | | | | It must be able to adjust the assessment to meet future | | | conditions. | | | | | | (f) | | | | | | Such corporation or association shall not be dissolved nor shall | | | it dispose of the open space, by sale or otherwise, except to an | | | organization conceived and established to own and maintain the | | | open space. The corporation or association must first offer to | | | dedicate the open space to the Township before any such sale or | | | disposition of the open space. | | | | | | (3) | | | | | | The dedication of open space, streets, or other lands in common | | | ownership of the corporation, association or other legal entity, | | | or the Township, shall be absolute and not subject to reversion | | | for possible future use for further development. | | | | | | (4) | | | | | | All documents pertaining to the conveyance and maintenance of the | | | open space shall meet the approval of the Solicitor as to legal | | | form and effect and to the Board of Supervisors as to suitability | | | for the proposed use of the open space. | +------------------------------------------------------------------------+