[1]
Note: These provisions are intended to establish
interrelated use regulations, performance standards and design and
locational criteria for all designated open space land. Designated
open space is land, as shown on a developer's plan, to be held in
perpetuity for recreational use or other open space purposes.
These provisions are designed to:
A.
Provide an effective means for identifying, organizing
and maintaining open space.
B.
Provide for necessary active and passive recreation
areas to complement existing open space and recreational uses.
C.
Preserve natural environmental resources and maintain
ecological stability by:
(1)
Encouraging the preservation of land contiguous
to floodplains and thus supplementing existing floodplain district
regulations;
(2)
Limiting the development of steep slopes;
(3)
Encouraging the preservation of open areas for
groundwater recharge (aquifers);
(4)
Limiting the disruption of existing woodlands;
(5)
Encouraging the preservation of land surrounding
natural resources as open space.
D.
Encourage the preservation of existing and potential
agricultural land, particularly land with prime agricultural soils.
F.
Aid in the implementation of the Comprehensive Plan
and the attainment of its goals, objectives and strategies.
[Amended 8-13-2001 by Ord. No. 615]
A.
The provisions of this article are applicable to:
Land designated as open space may be used for
any of the following purposes and no other:
A.
Permitted principal open space uses:
(1)
Conservation uses including woodlands and other
natural areas such as grassland, marshes, lakes, ponds, streams and
floodplains.
(2)
Agricultural uses, including cropland, pasture,
silvaculture and nurseries.
(3)
Passive recreational uses such as parks and
natural trails.
(4)
Active recreational uses including playing fields
and playgrounds.
(5)
Planted areas used for visual screening purposes
and noise control.
(6)
Presently existing structures may be used only
in connection with the open space.
B.
Conditional open space uses when approved by Township
Council are as follows. The design of all recreational buildings and
structures must be compatible with the character of the surrounding
area, other open spaces and the development as a whole. An architect's
or landscape architect's analysis of the compatibility of the proposed
design, siting, materials and colors should accompany all applications
for conditional use approval.
The following are limitations on land which
can be counted for the purposes of determining compliance with open
space requirements:
A.
The surface area of existing bodies of water, areas
with seasonal high water table soils as designated in the soil survey,
utility easements, rights-of-way, buffer areas to be used for permanent
sedimentation and erosion control or stormwater management facilities
shall not be counted.
B.
When land with slopes of 15% or more is designated
as open space, only 1/2 of such land may be counted, provided that
only one-quarter of the land with slopes of 25% or more may be counted.
C.
When land which is in the floodplain, as described in Article XXIX, is designated as open space, only one-quarter of such land may be counted.
D.
No area within 100 feet of an area used for retail
sales of agricultural products, whether or not grown or raised on
the premises, shall be counted. Such retail uses include all accessory
parking areas.
E.
Any parking areas accessory to a noncommercial use
in a designated open space area.
A.
Locational criteria. Land designated for open space
must be suitable for the proposed open space use. The location and
proposed use of land designated to meet open space requirements must
be shown on a preliminary and final subdivision and land development
plans and on planned residential development plans.
B.
In planning a development, land with the following
characteristics should be given a high priority for designation as
open space:
(1)
Land contiguous to floodplains, as described in Article XXIX, or as depicted on the Flood Hazard Map;
(2)
Important farmlands as defined by the USDA Natural
Resources Conservation Service, including prime farmlands and farmlands
of statewide importance, identified in the Comprehensive Plan;
(3)
Areas with steep and very steep slopes as depicted
on the Steep Slope Conservation District Map;
(4)
Prime woodlands, as defined by the Pennsylvania
Office of State Planning and Development, and stands of trees where
the majority of trees are greater than 12 inches in caliper;
(5)
Land surrounding surface water resources such
as lakes, ponds, streams and springs;
(6)
Significant groundwater recharge areas (aquifers);
(7)
Land surrounding historic and cultural sites
and structures including:
(a)
Residential, farm and other structures on sites
on, or candidates for, the National Register of Historic Places, the
Pennsylvania Inventory of Historic Places or the Historic Building
Survey;
(b)
Sites and/or structures identified as being
historically or culturally significant in the Comprehensive Plan;
(8)
Lands already used for various passive or active
recreational purposes and land surrounding such areas.
[Amended 8-13-2001 by Ord. No. 615]
The open space designated within a development
area shall not be only left over or otherwise unusable land. Such
open space areas shall be laid out according to sound site design
principles and shall provide appropriate access for residents and
occupants of the development. Open space designated to meet minimum
open space area requirements must meet the following design standards:
A.
Minimum contiguous area. A designated open space parcel
shall have a contiguous area of not less than 1/2 acre.
B.
Minimum parcel width. An open space parcel shall have
a minimum width of 30 feet at all points and a minimum average width
of 50 feet.
C.
Maximum impervious coverage. Not more than 5% of the
total designated open space area shall be covered by impervious surfaces.
D.
Minimum setback.
(1)
New property lines shall be located so that
any recreational or historic buildings or existing structures within
the designated open space shall be no less than 50 feet from any lot
line created by the proposed subdivision.
(2)
New structures, including recreational structures,
but not signs, boundary fences, walls, benches, light standards and
landscaping, shall have a setback of at least 100 feet from all property
lines.
E.
Minimum active recreational area.
(2)
Areas within a development designated as open
space for recreational use shall be contiguous to the developed area
and not separated from it by existing roads, railroads, or public
ways unless safe pedestrian access can be demonstrated. Whenever practical,
such recreational uses shall be proposed on a single parcel, or minimum
number of parcels, linked by a common means of circulation and access.
(3)
Whenever practical, designated open space shall
be arranged to supplement other designated open space or similar areas
on adjacent properties, either by providing direct contact or some
common means of circulation and access. In open space areas, provision
of pedestrian pathways, to be available for general public use, is
encouraged, where appropriate, in order to create an interconnected
open space network throughout the Township.
A.
The developer shall restrict the open space areas
so that their use will be limited to the use which is proposed and
insure that it will be appropriately maintained in perpetuity. The
developer shall also identify who will own the open space.
B.
The Township Solicitor shall review the open space
ownership and legal method used to insure compliance with the provisions
and shall determine whether it is effective. It is important to the
Township that the open space owner be financially responsible and
have both the means and incentive to pay the taxes and maintain the
property.
C.
The following are some specific criteria applicable
to alternative methods for restricting open space use:
(1)
Fee simple dedication. The Township may, but
shall not be required to, accept an offer of a deed of dedication,
provided that:
(2)
Homeowners' association: the establishment of
a nonprofit homeowners' association. Such an association may dedicate
an easement for public use of the open space land. The Township Council
may, but shall not be required to, accept such an easement if an agreement
is reached concerning the scope of public use and the future maintenance
of the easement area.
(3)
Condominium agreement. The open space may be
controlled through the use of condominium agreements. All open space
land so controlled shall be held as "common element."
(4)
Dedication of easements. The Township may, but
shall not be required to, accept easements for public use of any portion
of open space land, provided that:
(5)
Transfer to a private conservation organization.
With permission of the Township Council, the landowner or developer
may transfer either the fee simple title with appropriate deed restrictions
running in favor of the Township, or the development rights or easements,
to a private, nonprofit organization among whose purposes are to conserve
open space land, provided that:
(a)
The organization is acceptable to the Township
Council and is a bona fide conservation organization with perpetual
existence.
(b)
The organization is chartered under the laws
of the Commonwealth of Pennsylvania to administer deed restrictions
limiting eventual disposition of such property for the purposes stated
in their Articles of Incorporation.
(c)
The conveyance contains appropriate provisions
for reversion of title in the event that the organization becomes
unwilling or unable to continue to function.
D.
If a homeowners' association is formed, it shall be
governed according to the following regulations:
(1)
The landowner or developer shall provide Township
Council with the legal framework for the association, including its
bylaws and methods for maintaining open space, which shall be acceptable
to the Township Solicitor.
(2)
The association is to be organized by the landowner
or developer and operating before the sale of any lots within the
development.
(3)
Membership in the association is mandatory for
all purchasers of dwelling units therein and their successors.
(4)
The members of the association shall share equitably
the costs of maintaining the open spaces. If a member fails to pay
his pro rata share, then a lien against an individual property may
be made in accordance with the provisions for same in the bylaws of
the organization.
(5)
The association shall be responsible for maintenance
of insurance and taxes on open space.
(6)
The association shall have or hire adequate
staff to administer common facilities and maintain the open space
to the satisfaction of the Township Council.
(7)
The association shall have the authority and
ability to promptly correct hazard conditions in the open space areas.
E.
The Township shall have the right and the documents
creating the association and shall acknowledge that in the event that
the association established to own and maintain open space, or any
successor organization, shall at any time after designation fail to
maintain the open space in reasonable order and condition in accordance
with any and all approved plans, the Township may serve written notice
upon such organization or upon the residents and owners, setting forth
the manner in which the organization has failed to maintain the open
space in reasonable condition; and said notice shall include a demand
that such deficiencies be cured within 30 days thereof and shall state
the date and place of a hearing thereon which shall be held within
14 days of the notice.
(1)
At such hearing, Township Council may modify
the terms of the original notice as to the deficiencies and may give
an extension of the time within which they shall be cured. If the
deficiencies set forth in the original notice or in the modifications
thereof shall not be cured within said 30 days or any extension thereof,
the Township, in order to preserve the taxable values of the properties
and to prevent the open space from becoming a public nuisance, may
enter upon said open space and maintain the same for a period of one
year at the expense of the organization. The cost of any such maintenance
shall be borne by the owners of lots within the development from which
the open space was derived. Said entry and maintenance shall not vest
in the public any rights to use the open space except when the same
is voluntarily dedicated to the public by the residents and owners.
(2)
Before the expiration of said year, Township
Council shall, upon its initiative or upon the request of the organization
thereto before responsible for the maintenance of the open space,
call a public hearing upon notice to such organization, or to the
residents and owners of the project, to show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Township shall cease to maintain said open space at the end of
said year. If the Township shall determine such organization is not
ready and able to maintain said open space in a reasonable condition,
the Township may, at its discretion, continue to maintain said open
space during the next succeeding year and subject to a similar hearing
and determination, in each year thereafter. The decision of the Township,
in any such case, shall constitute a full administrative decision
subject to judicial review at the expense of the homeowners' association.
(3)
The cost of such maintenance by the Township
shall be assessed ratably against the properties within the project
that have a right of enjoyment of the open space and shall become
a municipal lien on said properties. The Township, at the time of
entering upon said open space for the purpose of maintenance, shall
file a notice of such lien in the office of Judicial Support of Delaware
County, upon the properties affected.
F.
The landowner of any subdivision or land development
which is proposed to contain open space or common open space shall,
when applicable, arrange with the Delaware County Board of Assessment
a method of assessment of the open space which will allocate to each
tax parcel in the development a share of the total assessment for
such open space.
