1. Dedication. All plans for residential subdivision of land or residential land developments shall provide for the dedication of land for park and open space uses, and/or, upon agreement by the applicant, the construction of recreation facilities, the payment of fees in lieu thereof, the private reservation of land, or any combination thereof. All dedications of land for park and open space purposes shall be consistent with standards contained within the officially adopted park and recreation plan or parks and recreation chapter of the Borough’s comprehensive plan, if such chapter meets the intent and criteria of the Pennsylvania Municipalities Planning Code, and is officially adopted by the Borough.
2. General Requirements. When the Borough has an officially adopted park and recreation plan or qualifying comprehensive plan, applicants shall designate areas of residential subdivisions or residential Land Developments for parks, playgrounds, or other public open space and recreational uses in accordance with the provisions of such plans. The applicant shall make an irrevocable offer of dedication for such land to the Municipality, as required by the Borough. Title to such land shall be good and marketable, free of liens or other defects, and acceptable to the Borough Solicitor. The Borough may, upon agreement of the applicant, authorize the transfer of the land to a homeowner’s association or to a non-profit corporation whose purpose is the conservation or preservation of land.
3. Amount of Land to be Dedicated.
A. The amount of park and open space land to be dedicated shall be equal to a minimum of 2,500 square feet per dwelling unit and in conformance with Marysville Borough Comprehensive Plan.
B. If the applicable plan specifically designates a future park site within the acreage of the tract proposed for development, all subdivision plans shall be designed in conformance with such designation in that all land required to be dedicated shall correspond to the location of the future park site.
4. Fee in Lieu of Dedication. The applicant may, with the consent and approval of the Borough, elect to pay a fee to the Borough in lieu of the park and open space dedication and so note on the plans.
A. The amount of any fee to be paid in lieu of dedication of land shall be equal to the average fair market value (FMV) of the land (based on the unimproved land value) otherwise required by this section or shall be in accordance with any existing, municipally adopted flat fee-in-lieu schedule which establishes a fixed price per lot, unit, or acre. If no formula is provided in any other Borough planning documents, the formula to be used in computing the fee based upon fair market value shall be: N x (average FMV of one acre) = fee.
Where: N = the number of acres required to be dedicated for park and open space purposed, calculated in accordance with Section 702.3.A., and FMV = fair market value based on the unimproved land value.
B. The applicant shall provide the Borough with all information necessary to determine the fair market value (FMV) of the land, including, but not limited to, the following:
(1) If the applicant is the equitable owner, or purchased the land in fee simple less than 2 years prior to the preliminary or final plan submission, a copy of the agreement of sale or real estate transfer tax affidavit of value.
(2) If the applicant is the equitable owner, or purchased the land in fee simple more than 2 years prior to the preliminary or final plan submission, an opinion of value of the property by a state certified appraiser acceptable to the Borough. Any applicant aggrieved by the fee established shall have the right to secure a second opinion of value of the property by a state certified appraiser acceptable to the Borough. The 2 estimated values shall be averaged, with the result being the amount upon which the fee will be based.
C. Such fee shall be payable to the Borough prior to the recording of each final phase of the plan and shall be in an amount equal to the percentage of the total number of dwelling units in the phase.
5. Park and Recreation Fund. All fees paid by the developer in lieu of dedication of park and open space land shall be paid to the Borough and upon its receipt shall be deposited in a separate interest-bearing account. Fees deposited to this account shall be used only for the purpose of providing, acquiring, operating or maintaining park or recreational facilities and shall be administered as required by the Pennsylvania Municipalities Planning Code.
6. General Design Criteria.
A. The type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks which are defined as “those parks providing primarily active outdoor recreational opportunities located within ½ mile radius from a majority of the residences to be served thereby”. Exceptions to this will be when dedications are made to an existing community park which serves the subdivision and is located within the Borough.
B. The land set aside for park and open space uses shall meet the following design criteria:
(1) The park and recreational facilities shall be reasonably accessible to the development.
(2) The park and open space land shall be accessible from a street either directly or by pedestrian connection or shall adjoin and become a part of an already existing public park or open space area that is accessible from a street. Where access to the park is by public road, the width of the frontage shall be a minimum length deemed necessary by the Borough for access, visibility of the site, and public safety.
(3) No more than 25% of the park and open space land shall contain detention basins or other storm water management facilities, or be located within a floodplain or wetland unless such area is part of a linear trail or green way along an existing watercourse. In all cases, land containing detention basin or other storm water management facilities, floodplains, or wetlands, must be suitable for public recreation use without compromising the function of these areas.
(4) The park and open space land shall be compact and contiguous unless the land is located adjacent to and combined with existing park and open space land, or specific topographic features require a different configuration. An example of such topographic features would be the provision of linear public open space along a scenic creek.
(5) When public park and open space land exists adjacent to the tract to be subdivided or developed, the park and open space land shall be located to adjoin and enlarge the presently existing park and open space land.
(6) The park and open space land shall be accessible to utilities such as sewer, water, and power that are provided within the subdivision, and if so, the developer shall extend such utilities to the park and open space land.
(7) If the developer is planning to construct facilities for recreation on the dedicated property as an amenity for the development, such facilities shall be constructed in accordance with current standards established by the national recreation and park association. Where applicable, facilities constructed shall also comply with the accessibility guidelines of the Americans with Disabilities Act of 1990. Playground equipment constructed or placed on parkland shall be in compliance with guidelines from the Consumer Products Safety Commission.
7. Existing Trails. When a subdivision or land development is traversed by or abuts an existing public trail, customarily used by pedestrians and/or equestrians, the applicant shall make provision for the continued recreational use of the trail, subject to alterations of the course of the trail within the boundaries of the development under the following conditions:
A. The points at which the trail enters and exits the tract shall remain unchanged.
B. The propose alteration exhibits quality trail design according to the generally accepted principals of landscape architecture.
C. The proposed alteration does not run coincidentally with the paved road intended for use by motorized vehicles. The land set aside for the continuation of such existing trail shall be counted towards the amount of park and open space land.
8. Trails and Linear Parks. The trail or linear park shall conform to any applicable Borough park and open space plan, any county-wide trail and recreation plan, and Marysville Borough Comprehensive Plan, Perry County Comprehensive Plan and Perry County Greenways Plan. The Borough may require, as a condition of final plan approval, the dedication and improvement of trails and linear parks, which may be credited toward the park and open space land requirement. Trails and linear parks developed and dedicated for public use may be credited toward the park and open space land requirement.
9. Additional Recreation Reservations. The provisions of this section are minimum standards and shall not be construed as prohibiting a developer, with the approval of the Borough, from dedicating or reserving other land for recreation purposes in addition to the requirements of this Chapter.
(Ord. 614, 5/11/2015)