(a) In reviewing a plan for subdivision or land development, the Borough Planning Commission shall consider the open space and recreational needs of the additional residents and/or employees proposed by the development. The Planning Commission shall discuss its findings and the further requirements of this section with the applicant as it deems necessary in the public interest.
(b) The Council shall determine its preference for the set-aside of land within the proposed development, or the payment of a fee in lieu of land, in accordance with the following:
(1) In a subdivision or land development proposed to contain 20 or more single-family detached dwellings, the general policy of Borough Council shall be to require that the applicant set aside a minimum of one acre per 20 dwelling units, or the proportional equivalent thereof, as common open space for recreational purposes.
(2) In a subdivision proposed to contain fewer than 20 single-family detached dwellings, the general policy of the Council shall be to require a fee in lieu of the minimum acreage otherwise required, to help the Borough defray the eventual costs of providing public open space and recreational facilities to serve the residents of the community. The fee required shall be as referenced in Chapter 1294.
(3) Borough Council may, as it deems necessary in individual cases, modify its position with regard to the above-stated policies in order to achieve more effectively the objectives of the Borough. In particular, the Borough may consider the following: proximity of the tract to existing or proposed public open space areas; the age of the prospective residents; the natural characteristics of the tract; the size of the proposed lots; and any existing commitments by the Borough to purchase or improve land for recreational purposes.
(c) In designating areas for open space and recreation within the subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:
(1) Suitable for active recreational uses to the extent deemed necessary by Borough Council, without interfering with adjacent dwelling units, parking, driveways, and roads.
(2) Comprised of no more than 30% of environmentally-sensitive lands (including floodplains, woodlands, slopes exceeding 15% and surface waters).
(3) Comprised of areas not less than 75 feet in any dimension, and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network.
(4) Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the community.
(5) Provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and vehicle traffic, and containing appropriate access improvements.
(6) Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Borough Engineer and Planning Commission.
(7) Free of all structures, except those related to outdoor recreational use or such open space uses as may be permitted by the underlying zoning district. Stormwater retention or detention basins designed and approved as part of the stormwater management system for the development may be located within open space areas, but the area devoted to such facilities shall be excluded from the calculation of the amount of such open space. Subsurface recharge areas will not be excluded from open space calculations.
(8) Suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.
(9) Made subject to such agreement with the Borough and such deed restrictions duly recorded in the office of the County Recorder of Deeds as may be required by Borough Council for the purpose of preserving the common open space for such use.
(Ord. 961, § 521. Passed 8-13-01.)