(A) Public open spaces.
(1) The Borough Planning Commission and Borough Council shall consider whether community facilities in the area are adequate to serve the needs of the additional dwellings proposed by the subdivider or land developer, who shall make such report thereon as deemed necessary by the Borough Council in the public interest.
(2) Subdividers/land developers shall give consideration to providing facilities or reserving areas for facilities normally required in residential neighborhoods, including parks, playgrounds and playfields for active and passive recreational use. Areas provided or reserved for such facilities shall be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed and shall be suitably prepared for this use.
(3) The Borough Planning Commission shall consider and recommend to the Borough Council, the borough’s need for either newly dedicated suitable open space areas for public recreation or the improvement of nearby existing public recreation area or areas at the expense of the developer, or the private reservation of land, the payment of fees in lieu thereof, or both. The standards to be utilized by the Borough Council and the Borough Planning Commission in deciding which of the aforesaid alternatives shall be in the best interest of the borough, shall be as follows:
(a) Whether a public recreation area exists or is planned within one mile of within the proposed subdivision and/or land development;
(b) Whether an arterial street or road separates the nearby existing public recreation area and the proposed subdivision and/or land development; and
(c) 1. Whether the nearby existing public recreation area adequately fulfills the recreational needs of the future residents of the proposed subdivision and/or land development. In the event it shall be determined that a new suitable open space area for public recreation is needed, the Borough Council shall request that the developer shall set aside and dedicate, for public recreation purposes, the following quantities of suitable open space areas based upon site density.
Density (dwelling units per acre) | % Of Tract In Open Space |
1—3 | 5 |
3.1—6 | 10 |
6.1—10 | 15 |
10.1—15 | 20 |
15.1 or more | 25 |
2. The above percentages shall apply in subdivision or land developments which intends to provide housing for the following number of families, by unit type.
Unit Types | Open Space Required |
Mobile home park | Always required |
Single-family | 5 units or more |
Townhouse or multi-family | Densities in excess of 2.0 d.u./acre and/or 10 or more units |
3. When mixed unit types are proposed within a development (e.g., single-family and townhouses) open space shall be required where there are ten or more units and/or the density in excess of 2.0 dwelling units per acre.
(4) In the event it shall be determined that a payment of fees shall be made by a developer in lieu of dedication of suitable open space, such fee shall be based upon a contribution to the borough of the sum as established by the Borough Council by resolution from time to time per new building lot or proposed dwelling unit in the subdivision where such lot does not then contain a presently existing and occupied dwelling unit.
(5) Monies contributed in lieu of dedication of suitable open space shall be deposited by the developer in an interest-bearing account in the name of the borough, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected. Upon request of any person who paid any such fees, the borough shall refund any unused fee, plus interest accumulated thereon from the date of payment, if the borough has failed to utilize the entire fee paid for the purposes set forth in this section within three years from the date such fee was paid.
(6) Open space agreement: the developer shall provide a contract for the maintenance of the open space or recreation facilities and the method of management, together with all offers of dedication and covenants governing the reservation and maintenance of undedicated open space. This agreement is subject to the review of the Borough Solicitor and acceptance by the Borough Council.
(B) Community assets. Consideration shall be given for the preservation of all natural features, such as large trees, watercourses, viewsheds, historic area and structures and similar community assets which, if preserved, will enhance the development and add to the value of the subdivision or land development.
(Ord. 1-2006, passed 5-8-2006)