(a) The Board of Commissioners, upon its own initiative or at the request of the applicant, giving consideration to the side, share and location of the location of the land in the proposed development proposal for park and recreational use and giving consideration to the availability of other park and recreational sites in the general area, shall determine whether land in the proposed development shall be set aside for park and recreational use or whether the applicant shall be required to make payment of sum of money in lieu thereof to be used for the acquisition and development of other such sites and land.
(b) (1) In the event the Board approves the reservation of land for park and recreational purposes as provided in § 1226.03(a), the following provisions must be observed. The areas to be reserved as recreational land shall be conveyed to the township upon approval of the application for improvement of land and/or the execution by the applicant of any required development agreement, unless the Board determines that the land is of such location and nature that its use is limited to local residents or that it cannot reasonably be maintained by the township. If public dedication of the land is rejected by the township, the land may alternatively be conveyed to a legally constituted homeowner’s association or retained by and managed by such private ownership as the Board may approve, so long as its use remains open to the residents of the proposed development. In the event that the recreational land is to be privately owned, adequate provision must be made for its maintenance.
(2) The Board or its designate shall determine if the land is acceptable for dedication or use for park and recreational purposes based on the following criteria.
A. The dedicated land must be readily accessible to all residents or expected users of the development. For larger pieces of dedicated land, this should be by virtue of at least one side of each site abutting a public street for a minimum distance of 50 feet. If public easements are the sole access, they shall be wide enough to accommodate two-way traffic of maintenance equipment.
B. The park and recreational land shall be located, to the extent possible, so that it equally serves all residents or expected users of the improvement of land.
C. The shape shall be suitable to accommodate those park and recreational activities appropriate to the location and needs of the residents or expected users of the development. The exact shape is variable, but the property shall be easily adaptable to a wide variety of activities.
D. Soil shall be suitable for the intended park and recreational uses.
E. It is desirable for the intended park and recreational land to be in several well placed and adequately sized areas so that it can accommodate the anticipated uses, rather than to have numerous useless smaller pieces.
F. Such land shall not have an average slope exceeding 7% and shall have no more than 30% of the land contained within the boundaries of a floodplain.
(c) The developer of high density housing shall receive a credit for any land reserved for park and recreational purposes and accepted by the township under this chapter towards any provision of the Township Zoning Code requiring recreational facilities.
(d) If the Board determines that usable park and recreation land is available in a particular improvement of land, but is inadequate in size (i.e., less than the standard established in subsection (b) above), the Board may require a combination of money and the land reservation. In such cases, the money shall be applied only to the number of lots or units which are not “covered” by the land reservation under the standards that are here set forth.
(Ord. 657, passed 10-18-1989)