§ 153.085 CONTRIBUTION FOR RECREATION PURPOSES.
   (A)   It is the policy of this borough to provide recreational facilities for all the residents of the borough. Centralized facilities are preferred over local neighborhood facilities. New and additional facilities are required in direct proportion to increase in population. Developers causing increases in population by new residences must share in the cost of additional recreational facilities.
   (B)   A contribution for recreation purposes shall be made at the rate of $200 per dwelling unit payable upon and as a condition of obtaining an occupancy permit pursuant to the ordinances of this borough.
   (C)   The requirements of division (B) above shall be noted upon the final subdivision plan, which notation shall be deemed not to constitute a lien or encumbrance on the title of the land.
   (D)   All moneys paid to the borough in this manner shall be kept in a capital reserve fund established as provided by law. Moneys in such fund may be combined for investment purposes, if permitted by law, but shall be used only for the acquisition of land or capital improvements for open space and park and recreation purposes.
   (E)   The foregoing provisions of this section shall not apply to any subdivision for which a preliminary plan has been approved by this borough before the effective date of this chapter which provides for active recreational facilities (i.e., swimming pool, tennis courts, baseball/softball fields and the like) as distinguished from passive recreational facilities (i.e., yards, open play fields, walking trails and the like), it being the intention of this borough to extend a credit against the monetary contribution above provided to any developer who has heretofore planned to provide active recreational facilities agreeable to the borough.
(2006 Code, § 22-511) (Ord. 90-9, passed 9-10-1990, § 511) Penalty, see § 153.999