A. The purpose of this article is to establish and define the public improvements which will be required by the Township to be constructed or cause to be constructed by the applicant. Inspection of improvements shall be the responsibility of the Township.

B. All improvements shall be constructed in accordance with the specifications of the Township and the contract executed by the developer pursuant to Section 4.03 F.

C. If it is determined during the course of the review that off-site improvements are necessary to satisfactorily accomplish the objectives and requirements of this ordinance, the applicant shall be also responsible for the installation of the off-site improvements, or cost thereof.

The improvements included in this article are minimum requirements. However, the Solebury Township Board of Supervisors reserves the right in any case to increase the same, if conditions so warrant.

When changes from the accepted drawings and specifications become necessary during construction, written acceptance by the Board of Supervisors shall be secured before the execution of such changes.

Adequate provisions for the satisfactory maintenance of all improvements shall be made by dedication to, and acceptance for maintenance by the Township, or by other acceptable means.

A. The construction of streets, roads, and driveways, as shown upon final plans and as contained in contract agreements, shall in every respect conform to such requirements as the Township may by resolution require for the construction of streets.

B. Specifications. The minimum requirements for improvements shall be those contained in the Pennsylvania Department of Transportation's Specifications (Form 408) as last revised, or those of the Township. The more stringent requirement shall apply.

C. All streets shall be graded as shown on the street profiles and cross-section plan submitted with the preliminary plan and approved with the final plan.

D. Along the existing street on which a subdivision or land development abuts, improvements shall be made to the street as required by the Board of Supervisors. The improvements to the existing street shall be determined by the width of the required cartway and built to the specifications established by the Township.

At the discretion of the Board of Supervisors, an escrow account may be established to be used by the Township for the improvement of the cartway to the required standards.

A. The developer shall erect at every street intersection a street sign or street signs having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two (2) such street signs and at the intersections where one (1) street ends. at or joins with another street, there shall be at least one (1) such street sign.

B. Street signs are to be erected before the first dwelling on the street is occupied. Temporary street signs may be erected on the approval of the Board of Supervisors, but shall be made permanent before final offer for the dedication of roads is made.

C. Street signs shall be consistent in design and specification with those in general use by the Township.

Where appropriate, the developer shall install or cause to be installed, at the developer's expense, street lights acceptable to the Township and serviced by underground conduit in accordance with a plan to be prepared by the developer's engineer and approved by the Philadelphia Electric Company and by. the Board of Supervisors. Provisions shall be made for energizing said lighting after fifty (50) percent or more of the dwelling units in a given subdivision or land development or section of a subdivision or land development have been occupied. The developer shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted or condemned as public streets by resolution assessing all costs of the lighting to the property owners along the street.

A. Monuments shall be placed at each change in direction of boundary; two (2) to be placed at each street intersection and one (1) on one side of each street at angle points and at the beginning and end of curves. Utility easements shall be monumented at their beginning and at their end; and areas to be conveyed for public use shall be fully monumented at their external boundaries.

B. Monuments shall be placed in the ground after final grading is completed, at a time specified by the Township Engineer. The monument shall be concrete, the size and length as may be approved by the Township Engineer. Monumentation of the external boundaries of the subdivision must be completed prior to final plan approval.

C. All monuments shall be certified for accuracy by the developer's engineer, or their accuracy checked by the Township within three one-hundredths (3/100) of a foot.

A. All sidewalks shall be constructed in accordance with this Ordinance and Township specifications. These standards shall apply on all new streets and on existing streets, unless in the 'opinion of the Board of Supervisors, the sidewalks are unnecessary for public safety and convenience.

B. Within multi-family residential developments, it is required to install sidewalks, on-site walks for convenience and access to all living units from streets, driveways, parking areas or garages, and for convenient circulation and access to all project facilities.

C. Width, alignment and gradient of walks shall provide safety, and convenience for pedestrian traffic. Small jogs in the alignment shall be avoided.

D. The alignment and gradient of walks shall be coordinated with the grading plan to prevent the passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.

A. Curbs shall be provided as required by this Ordinance, unless in the opinion of the Board of Supervisors they are unnecessary.

a. All curbs shall be designed and constructed in accordance with the standards and specifications of the Township or the specifications of the Township Engineer.

The developer shall construct storm water drainage facilities, including retention and detention basins, curbs, catch basins and inlets, storm sewers, culverts, road ditches, open channels and other structures (as required by this Ordinance)in order to prevent -erosion, flooding and other hazards to life and property, including off-site facilities that are necessary to meet the objectives and requirements of this Ordinance. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow; and size, type, and installation of all storm drains and sewers shall be constructed in accordance with approved plans.

A. When a public water supply system is required, it shall be designed to meet the requirements of Section 5.26 of this Ordinance. All parts of the system shall be at the expense of the applicant.

B. All on-site wells and all components of the distribution system shall be shown on all plans.

C. If water is to be provided, by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present clear evidence to the Board of Supervisors or Planning Commission, as the case may be, that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility, and all documents necessary to establish the entity or contract with the entity supplying water shall be submitted to the Township and approved by the Township as a condition of final plan approval.. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

Where public water is not accessible or required, water shall be furnished on an individual lot basis. If wells are installed on each lot, the well shall be of the drilled type, cased and grout-sealed.

A. Wherever required and available, sanitary sewers shall be installed and connected to the public sanitary sewer system.

B. All public sanitary sewers shall be designed and constructed in accordance with the "Sewerage Manual" issued by the Pennsylvania Department of Environmental Resources and the specifications of the Bucks County Water and Sewer Authority.

C. No public sanitary sewer or treatment plant shall be constructed until plans and specifications have been submitted to the State Department of Environmental Resources and the Solebury Township Supervisors and approved in accordance with existing laws.

A. If public sewer facilities are not available, the applicant shall provide for sewage disposal on an individual lot basis according to the rules, regulations. terms, definitions, and conditions of the individual Sewage Disposal System application and certification procedure for Bucks County Pennsylvania, adopted by the Bucks County Board of Commissioners on March 24, 197 1, and any amendments made thereto.

B. No plat for which on-site sewage disposal is proposed shall be finally approved until there appears upon it a signed statement by an authorized agent of the Bucks County Department of Health indicating that all such lots are capable of providing on-site treatment.

A. All electric, telephone and communication service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility and other companies providing such services.

B. Where practicable, all utilities shall be located within the street right-of-way but outside the cartway. Otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided.

C. Preliminary and final plans shall show locations of all utilities and shall be coordinated with required street tree planting.

Grading shall conform in all respects to the Solebury Township Grading Ordinance.

A. Street trees and other required planting shall be in accordance with Section 5.14 of this Ordinance.

B. Street trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.

C. Plans for proposed street planting or buffer zone plantings shall be reviewed during the preliminary plan process and approved by the Board of Supervisors.

D. Replacements shall be made during the first spring or fall planting season following the death of plants. The cost of such replacements shall be borne by the developer.

A. The Board of Supervisors may, when it deems necessary for the health, comfort, safety, or welfare of the present and future population of the area, and necessary to the conservation of water, drainage and sanitary facilities, prohibit subdivision of any portion of the property which lies within the flood plain of any stream or drainage course. (See Solebury Township Flood Plain Ordinance).

B. The areas referred to in (A) above shall be preserved from any and all destruction or damage by clearing, grading, or dumping of earth, waste material, stumps, or other material of any kind.

C. When there is any proposed alteration of a stream, the applicant shall show evidence that all required approvals by State agencies have been granted and that all applicable provisions of the Solebury Township Flood Plain Ordinance have been met.

A. Purpose

All subdivision or land development plans submitted after the effective date of this ordinance shall provide for suitable and, adequate recreation as more particularly set forth in this ordinance in order to:

1. Insure-acquisition, development and maintenance of adequate recreation areas and facilities to serve the people that work and live in the Township.

2. Maintain compliance with recreation standards as recommended by the Solebury Park and Recreation Board and as approved by the Solebury Township Board of Supervisors.

3. Coordinate existing recreational areas with future recreational are

4. Enhance existing recreational areas and facilities to enable them to be supportive of future development.

5. Provide for the orderly acquisition and development of additional park and recreation areas.

B. Applicability

1. This ordinance shall apply to any subdivision or land development plan submitted to the Township for approval.

**Webmasters Note: The previous subsection has been amended as per Ord. No. 98-0-172.

C. Dedication of Land Suitable for Park and Recreational Use to the Township

1. The developer or applicant shall dedicate land suitable for park or recreational use to Solebury Township, unless one of the alternatives set forth in Subsection F. is agreed to by the Township and the developer. The land shall not be dedicated until the completion of the necessary and agreed upon improvements are made to the land, and the appropriate facilities are constructed to make the land usable for park and recreation purposes.

2. The amount and location of land to be dedicated to the Township shall bear a reasonable relationship to the use of the park and recreational facilities by the present and future residents of Solebury Township. At a minimum, the following criteria for dedication of park and recreation areas to the Township shall apply:

i. Residential Subdivision and Land Development: The amount of land to be dedicated for park and recreational areas in residential subdivision or land developments, whether they are single family dwellings or contained within multi-family dwellings, shall be as follows:

**Webmasters Note: The previous paragraph has been amended as per Ordinance No. 2000- 182.

a. Single Family Detached or Two-Family Developments - In the case of subdivisions of single family detached or two-family dwellings, the developer shall dedicate a minimum of five thousand (5,000) square feet per dwelling unit for park and recreation use.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2000-

182.

b. Multi-Family Developments - In multi-family residential developments, the developer shall dedicate a minimum of five thousand (5,000) square feet per residential dwelling unit. See Article 20 of the Solebury Township Zoning Ordinance where applicable in the RB and RD Districts to coordinate the requirements of the Zoning Ordinance with this Section for park and recreational use.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2000- 182.

ii. Non-residential Subdivision and Land Development: The amount of land to be dedicated for park and recreation areas in a non-residential subdivision or land development shall be two thousand (2,000) square feet per four thousand (4,000) square feet of building area, or fraction thereof. For example, a nine thousand (9,000) square foot building will require six thousand (6,000) square feet of park and recreation area to be dedicated to the Township. The types of park and recreational areas that shall be deemed suitable for non-residential subdivisions or land developments shall include, but not be limited to:

-Playing fields (baseball field, soccer field, or the like, designed for active recreation, constructed pursuant to the minimum standards of the Township Board of Parks and Recreation.)

-Tennis courts

-Tot lots (Small playground especially designed for young children)

-Basketball courts

-Paddle tennis courts

-Jogging paths with exercise stations

-Construction of the segment of the Township's trail system, or reservation of the right-of-way, if the trail crosses the subject tract.

-Construction of a connecting link or reservation of the right-of-way to the Township's trail system.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2000- 182.

iii. The land dedicated to the Township for park and recreation purposes need not be a part of the land development or subdivision. It may be located on a separate parcel of land, provided that in the sole discretion of the Board of Supervisors, it is convenient to the subdivision or land development. In addition, the developer, with the approval of the Township may construct park and recreation facilities in a township park, or the facilities of another developer to satisfy the requirements of this Section. Park and recreation facilities which are available to all Township residents as opposed to facilities which are available only to the residents of a particular subdivision or land development are encouraged. Land that is intended to be offered for dedication to the Township shall comply with the criteria established for recreation land in Section 6.19D. Criteria for Locating Recreation Areas.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2000- 182.

iv. In the event of a conflict between the Solebury Township Zoning Ordinance and this Ordinance as to the amount of recreational area which must be dedicated, this Ordinance shall control.

**Webmasters Note: The previous subsection has been relabeled and the original subsections labeled iv. and v., have been deleted as per Ordinance No. 2000-182.

3. When land is being dedicated, notwithstanding the foregoing, the land which is dedicated must meet the minimum lot size for the district within which it is being dedicated.

4. Any land dedicated to the Township shall be used only for the purpose of providing park and recreational facilities.

5. When land is dedicated, acceptance by the Township shall be by means of a signed resolution to which a property description of the dedicated recreational area shall be attached. All changes and agreements should eventually be listed directly on the signed drawing linens. In no event shall the Township be required to accept dedication of park and recreational areas.

6. Where a developer dedicates land, the acquisition value of the land plus any improvements being placed on the land for park and recreation purposes must equal or exceed the fee in lieu of dedication as established by resolution of the Board of Supervisors from time to time. If the value of the fee in lieu of dedication is not met or exceeded, the developer must supply the balance of his obligation to supply park and recreation facilities by one or more of the alternatives set forth in Subsection F. herein.

D. Criteria for Locating Recreation Areas

The Planning Commission and Board of Supervisors in exercising their duties regarding the review of subdivisions and land development plans, shall consider the recommendations of the Board of Parks and Recreation as well as the following criteria in determining whether to approve the proposed plan (which approval shall include both the use and location of the proposed park and recreation area) in the developer's subdivision or land development plan:

1. The site or sites shall be easily and safely accessible and have good ingress and egress for vehicular and pedestrian traffic. No public road shall traverse the site or sites. At least one side of the recreation area shall abut a street within the subdivision or land development for a minimum distance of fifty (50) feet for access of emergency and maintenance vehicles, and for access to a parking lot if one is provided.

2. when recreational activities or facilities are adjacent to a street or parking area measures shall be taken to ensure the safety of the users. Measures include, but are not limited to, fencing, raised earthen berm, a hedge of plant material, or physical separation.

3. The site or sites shall have suitable topography (maximum of five percent slope), and soil conditions for use and development as a recreation area.

4. No more than twenty-five percent (2 5 0) of an area designated for active recreation may consist of flood plain, wetlands, or slopes in excess of eight percent (80) or other natural resources as defined by the Township Zoning Ordinance. Areas of flood plain, wetlands, and steep slopes may not be used for active recreation.

5. Active recreation areas may contain only stormwater management facilities that are necessary for the recreation area.

6. A site designated for passive recreation may contain lands with natural resources provided that the area can be developed with trails, picnic areas, nature study area, greenways or other activities acceptable to the Township.

7. The size and shape of the site or sites shall be suitable for the development as a recreation area. The area shall consist of at least three acres and shall generally have a length to width ratio of three to one. The configuration of the recreation area must be able to accommodate the activities that are proposed. The recreation area shall not include narrow or irregular pieces of land, which are remnants created by the arrangement of the building lots and/or by streets or parking areas.

8. The recreational activities and/or facilities for which the area is intended shall be specified on the preliminary, final and record plans.

9. Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.

10. The following shall not be located in recreation areas: sewage treatment or disposal facilities of any type, water storage tank, well pump house, and any similar use or other use which is not related to or associated with recreation.

11. Active recreation areas shall be located in such a location that the use of the facility will not be a nuisance to the residents of nearby dwelling units. However, the recreation area must be conveniently located and easily accessible to the residents.

12. When land is being dedicated, notwithstanding the foregoing, the land, which is dedicated, must meet the minimum lot size for the district within which it is being dedicated.

13. The recreation area in the proposed development shall be located adjacent to a recreation area in an adjacent development, if one exists. When the adjacent land is vacant, consideration shall be given to locating the recreation land so that in the future it could be combined with the recreation land in the development of that land.

**Webmasters Note: The previous subsection, D., has been amended as per Ordinance No. 2000-182.

E. Review by the Board of Parks and Recreation

At the submission of a preliminary plan, a recreation plan shall be submitted to the Township Board of Parks and Recreation, who shall review the plan (both the use and location) and make recommendations thereon in writing to the Planning Commission and Board of Supervisors. Revised plans shall be resubmitted to the Township Board of Parks and Recreation for recommendations.

In certain instances the Board of Parks and Recreation may recommend to the Planning Commission and the Board of Supervisors that it is impractical because of size, shape, location, access, topography, drainage or other physical features of the land that there is no land within the proposed subdivision which is practical for dedication to the public or which can be set aside for recreation uses because of size, access, topography or other physical characteristics. In that event, the developer shall proceed in accordance with Subsection F hereof.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2000- 182.

F. Alternatives to Dedication of Land

1. Fee in Lieu of Dedication

i) Where the Board of Supervisors and the developer agree that because of size, shape, location, access, topography or other physical features of the land or any other need of the Township, that it is impractical to dedicate as required by this Ordinance, the Supervisors shall require a payment of a fee in lieu of dedication of such land from the developer. In the evaluation of a proposed development application, the planning commission, park and recreation board, and board of supervisors shall take into consideration the importance of providing the opportunity for recreation within the proposed subdivision or land development. The need for recreational areas in the form of tot lots and general-purpose playfields within the development is particularly important for communities with higher density and smaller lots.

To that end, the applicant is required to provide at least a portion of the required recreation land (5,000 square feet per lot or dwelling unit) on-site as a mini-park for the benefit of the residents. For subdivisions or land developments consisting of Two-Family, Multi-Family and/or Single-Family Detached houses on lots of 20,000 square feet or less, a minimum of 750 square feet of the required 5,000 square feet per dwelling unit or lot shall be provided on-site as a recreation area or mini-park.

ii) The on-site recreation area or mini-park shall comply with the following standards:

a) A tot-lot shall be provided with play equipment for pre-school age children and an open, grassed playfield.

b) The land shall be useable land for park purposes. A minimum of 75 percent of the park shall be gently sloping land that is developed as a grassed, open playfield. A maximum of 25 percent of the mini-park may contain natural resources such as woodland, steep slopes and streams.

c) The development plans shall provide details of the play equipment and play areas that will be provided. The mini-park shall be designed and improved to accommodate informal unstructured recreational use.

d) The area of the recreation land shall be considered to be a part of the park and recreation land that is required by Section 6.19.C.2.i.a. and b.

e) The recreation land shall be conveniently located for the residents of the development and shall have frontage on an interior street.

f) The mini-park shall be a destination point of the internal pedestrian bicycle circulation system within the proposed development.

g) In large developments (large in terms of land area and/or number of dwelling units) the mini-park requirement may be provided in two or more locations, provided each is useable and functional as a recreational area.

The calculation of the fee in lieu of dedication shall be set forth in detail in a resolution and shall bear a reasonable relationship to the use of the park and recreation facilities by future inhabitants of Solebury Township.

**Webmasters Note: The previous subsection, 1., has been amended as per Ordinance No. 2000-182.

2. Reservation by Developer for Homeowner's Association

i. Where the developer and the Board agree, the required lands necessary to be dedicated to the Township may be reserved by the developer for use by the development's homeowner's association. If this is agreed to by the developer and the Township, the lands must be used solely for park or recreational purposes.

ii. If the homeowner's association desires to dissolve and offers the land and equipment to the Township, the Park and Recreation Board will review the land condition and maintenance costs and provide budgetary inputs to the Board of Supervisors. The Board of Supervisors will then determine whether they wish the land to be dedicated to the Township or whether the homeowner's association shall be required to continue to own and maintain it.

3. Combination

i. Where the developer -and the Township agree, the developer may utilize any combination of the aforementioned techniques to satisfy his park and recreation obligation. However, in no circumstance shall the total value of the acquisition of land, improvements thereon, dedicated land, or reserved land fail to meet or exceed the value of the fee in lieu of dedication established by resolution of the Board of Supervisors from time to time.

**Webmasters Note: Subsection G. has been deleted as per Ordinance No. 2000-182.