In order to protect and preserve the open space of the Township and to further the public health, safety, morals and general welfare, the following objectives are set forth:
A. 
To encourage innovations in residential development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.
B. 
To encourage a more efficient use of land and of public services, or private services in lieu thereof.
C. 
To provide for a contiguous and integral open space system.
D. 
To conserve the value of the land.
E. 
To encourage more flexible land development that will preserve and enhance natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of unusual importance to the natural ecosystem.
F. 
To provide that open space within developments shall be planned and designed to achieve the Township goal of ensuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the development and that those portions of the Township which, because of their natural features, constitute important visual amenities and environmental resources, and that common open space configuration within a development may be evaluated in terms of inventories of the natural features of the site, recreation demand projections prepared by the applicant and a plan indicating the general location of common open space areas for natural preserves and for active recreational purposes.
G. 
To provide for various densities, lot sizes and street patterns that are suitable to the land and aesthetic factors that will enhance each development.
In all nonresidential developments, not less than 10% of each tract shall be devoted to open space. These areas are defined to include any areas not covered by buildings, structures or by paved streets or parking areas. Such green areas shall be landscaped and may be used for active as well as passive recreational uses.
A. 
In all residential developments which will result in four or more dwelling units, not less than 10% of the total area shall be set aside for open space and active recreation uses.
[Amended 7-14-1993 by Ord. No. 1993-10]
B. 
This 10% shall not include easement or right-of-way areas. The location, form and design of such areas shall be approved by the Consolidated Land Use Board of Mansfield Township. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this chapter. In the case of large subdivisions, consideration should be given to decentralizing several smaller recreational areas throughout the development. The method of preserving such areas for recreation open space shall be approved by the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
C. 
In special circumstances where, because of the size, location and design requirements of the project, it is not feasible, in the opinion of the Consolidated Land Use Board of Mansfield Township, to set aside such area or areas for open space, the applicant shall make a payment to the Township in lieu of the provision of such open space land. Such payments shall be placed in a special recreational open space land fund to be utilized either for the purchase of public recreational open space or of recreational equipment. The amount of the payment shall be equal to the size and character of the land and improvement which would otherwise be provided within the project in compliance with the regulations of this chapter.
[Amended 10-6-1988 by Ord. No. 1988-25; 3-5-2020 by Ord. No. 2020-5]
A. 
The designated open space areas which may be used for recreational purposes shall not contain grades that prevent the construction of recreational facilities.
B. 
In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.
C. 
The open space should be approximately located so that it is easily accessible to the maximum number of residents of the development.
D. 
There should be a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible.
E. 
The configuration of the open space area should be so arranged that the connections can be made to existing or future adjacent open spaces.
F. 
Open space areas should be located to preserve unique characteristics of the site, such as woodlands, streams, topography, etc.
G. 
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational activities may include but are not limited to swimming pools, tennis courts, bicycle paths, tot lots, softball fields and hard-surface court games.
H. 
The usage of the open space should be appropriate for the residents of the development it serves.
[1]
Editor's Note: Former § 65-79, Recreation facilities, as amended, and § 65-80, Time limit for completion of recreation facilities, as amended, were repealed 8-16-2017 by Ord. No. 2017-10.
A. 
The locations, types, uses, design and development of any open space shall be coordinated so as to achieve the purposes of this chapter. Where the Township deems appropriate, it may accept dedications of drainage areas in order to promote adequate control and preservation of natural drainage systems throughout the region. In order to secure proper open space, the developer shall either:
(1) 
Dedicate such land to the Township.
(2) 
Retain ownership of open space but only in rental projects.
(3) 
Provide for and establish one or more organizations for the ownership and maintenance of all open space. Each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
B. 
The procedures for establishing such an organization and for maintaining the open space shall be in accordance with Section 43 of the Municipal Land Use Law.
[Amended 4-24-2002 by Ord. No. 2002-9]