A. Land Set Asides for Public Recreational Use and the "Fee-In-Lieu" Alternative

The following standards shall apply to new subdivisions. All actions by the Board under this section must also be consistent with the provisions of the Municipalities Planning Code, Section 503.11.

1. Applicants for new residential developments involving ten or more dwelling units shall be required to set aside five percent of their gross tract acreage as undivided recreational land designated for public usage. Such land shall be suitable for active and/or passive recreation, with at least half the land suitable for active sports, where such facilities are required by the Board.

2. In lieu of a setaside for public usage, two alternatives exist for the applicant proposing subdivision involving ten or more dwellings:

a. The applicant may offer a setaside limited to recreational usage by the residents of the proposed subdivision. If land is set aside in this manner for private recreational use, it shall also be permanently protected through a conservation easement enforceable by the Township and a land trust, prohibiting future nonrecreational (or commercial recreational) uses.

b. The applicant may offer to pay a fee to the Township in lieu of any recreational land setaside. Such fees shall be calculated according to a fee schedule adopted by the Township, in accordance with Section 503.11 of the Municipalities Planning Code. Situations in which it would be appropriate for the Township to accept such offers include cases where the land would not provide a particular public benefit because of its small size or location. Exceptions to this rule, where public use of relatively small land areas would still be appropriate, include situations in which the land could be used to buffer or extend public parks or public schoolgrounds, or could provide potential linkage in a future township trail network.

c. The decision whether to accept a fee-in-lieu offer by the applicant shall lie with the Board, which shall also establish the amount of the fee in lieu, based upon the Township's estimated cost of acquiring land that is similar in area and attributes, which would better serve public recreational needs. In appraising alternative sites, the municipality shall be guided by the site selection criteria contained in its Open Space, Recreation, and Natural Resources Plan. Such estimates shall be based on discussions with realtors or appraisers familiar with land values in the locality. All such fees collected shall be deposited in an interest-bearing account earmarked for recreational land or facility provision by the Municipality, and the applicant shall be informed of the use to which the fee will be applied. Alternatively, the Board may establish a flat fee (based on discussions with realtors or appraisers familiar with land values in the area) for general use with subdivision applicants.

3. In Option 3 and 4 subdivisions involving fewer than five dwelling units where, in the judgment of the Board, there would be no particular public benefit accruing from a public dedication (as described above), or from a setaside for shared private recreational usage among the subdivision lot owners, the applicant may offer to place a conservation easement on certain areas of land within individual houselots where certain environmentally-sensitive features are present, without conferring common access rights or privileges for the subdivision residents or the broader public. The percentage of land that is thus protected shall generally be not less than fifty percent (50%) of the gross land area of the subdivision. This land may be access-restricted not only from the public but also from other residents in the subdivision.

4. In Option I and 2 subdivisions with fewer than ten dwelling units, where there would be no particular benefit accruing from a public dedication (as described above), the recreational land that is part of the requirement for undivided open space shall be designated for private shared recreational usage among the subdivision lot owners.

A. Conservation Practices During Site Preparation and Clean-Up

1. Protection of Vegetation from Mechanical Injury.

Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the Board may require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of and shall be maintained throughout the period of construction activity.

2. Protection of Vegetation from Grading Change.

Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

3. Protection of Vegetation from Excavations

a. When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized.

b. If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

c. Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period November I to April I when revegetation of exposed ground surfaces is difficult avoiding soil compaction.

4. Protection of Topsoil

a. No topsoil shall be removed from the site.

b. Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.

c. Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than ten percent, and by sodding, hydroseeding, or zip-rap on slopes exceeding ten percent.

d. Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegation of exposed ground is difficult.

5. Regrading of Greenspace Lands

a. Greenspace Lands may not be excavated or filled without an approved grading plan. Such grading plans shall restrict excavation or filling of Greenspace Lands to unwooded areas, shall establish a firm timetable for the completion of all such activities, and shall set out specific restoration measures.