Township of Lower Providence, PA Article III General Provisions

§ 143-12 Applicability.

[Amended 9-21-2006 by Ord. No. 556]

For the purposes of this chapter, the following general regulations shall govern each and every zoning district.

§ 143-13 One principal use maximum.

[Amended 9-21-2006 by Ord. No. 556]

A maximum of one principal use is permitted on each lot, except:

A. As permitted within a shopping center;

B. If conditional use approval is granted for two or more principal uses in the RPBD, HC, GC, or VC Zoning Districts, or EVC Zoning Districts.

[Amended 1-21-2016 by Ord. No. 631]

C. If specifically stated as permitted by a provision of this chapter.

§ 143-14 Lot area requirements.

[Amended 1-16-2020 by Ord. No. 662]

A. Where a minimum lot area is specified in this chapter, no primary building or use shall be erected or established on any lot of lesser size.

B. No lot or site shall be reduced in such a way or to such an extent that the area of the lot or the dimensions of required open spaces become smaller than or nonconforming to the applicable requirements set forth in this chapter.

C. Any real property within the Township which is the subject of a restriction against reduction of lot area, whether by notation or inclusion on a subdivision plan and/or by a deed restriction, or similar instrument or restriction, shall not be reduced in size, or otherwise modified, when such reduction or modification would violate the restriction regardless of the minimum lot areas established within this chapter.

D. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter nor include any portion of the lot under separate ownership.

§ 143-15 Modification of front yard requirements.

[Amended 9-21-2006 by Ord. No. 556]

Where an unimproved lot of record is situated on the same street frontage with two adjacent improved lots or one unimproved and one improved lot, the front yard setback requirement for that lot shall be permitted to the existing building line of the adjacent lots on each side of the existing lot.

§ 143-16 Yard requirements of corner lots.

On all corner lots, the minimum setback for any facade of a building facing the street shall be equal to the required front yard setback.

§ 143-17 Triangular lots.

[Amended 9-21-2006 by Ord. No. 556]

A triangular lot shall contain a front yard setback where the lot meets the minimum lot width line and shall include one front lot line, one rear lot line and one side lot line.

§ 143-18 Minimum lot dimensions without public sanitary sewer and public water.

[Amended 9-21-2006 by Ord. No. 556]

In all zoning districts of the Township, existing or proposed lots which are not served by public sanitary sewers and by public water shall have a minimum lot area of 30,000 square feet and a minimum lot width at the building line of 150 feet.

§ 143-19 Accessory uses and accessory buildings/structures.

[Amended 5-5-2005 by Ord. No. 525; 9-21-2006 by Ord. No. 556; 10-20-2011 by Ord. No. 602; 1-21-2016 by Ord. No. 631; 4-7-2016 by Ord. No. 637; 1-16-2020 by Ord. No. 662]

A. Nonresidential accessory uses. Nonresidential uses accessory to the principal nonresidential use and meeting the definition of an accessory use shall be authorized in all nonresidential zoning districts subject to any specific limitations on said uses as may be established in the provisions herein applicable to said zoning district.

B. Nonresidential accessory buildings/structures. All nonresidential accessory buildings/structures authorized in nonresidential zoning districts shall meet all of the zoning district setback requirements and other regulations applicable to the principal building upon the same lot.

C. Bus shelters shall be a permitted use in all zoning districts, subject to any applicable regulation set forth elsewhere in this chapter.

D. Solar systems. Solar systems, accessory to the principal use on the same lot shall be permitted in all zoning districts, subject to any applicable regulation set forth elsewhere in this chapter.

E. Backup generators. Permanent backup generators, used only on a temporary emergency basis, are permitted in all zoning districts as an accessory use, subject to any applicable regulation set forth elsewhere in this chapter.

§ 143-20 Access to public street.

[Amended 7-6-2006 by Ord. No. 550; 1-16-2020 by Ord. No. 662]

A. Each and every lot shall abut an opened public or private street for at least 50 feet at the right-of-way lines, provided that, in the case of a rear lot, the required abutment along the public street shall be not less than 25 feet for each such lot. The portion of a rear lot required for the access driveway shall not be included in calculating the required front, rear, and side yards or the required lot area.

B. A lot that only fronts a private street can only be developed and improved if the private street is constructed and improved from the subject lot to the closest opened public street in compliance with the requirements applicable to private streets set forth in Chapter 123, Subdivision and Development of Land, of the Code of the Township of Lower Providence. The operation, maintenance, repair, and replacement of such a private street is the sole responsibility of the owners of the lots that front this street, as agreed to by such owners.

C. A lot that only fronts a paper street can only be developed and improved if the paper street is constructed and improved from the subject lot to the closest opened public street in compliance with the requirements applicable to private streets set forth in Chapter 123, Subdivision and Development of Land, of the Code of the Township of Lower Providence. The operation, maintenance, repair, and replacement of such a paper street is the sole responsibility of the owners of the lots that front this street, as agreed to by such owners.

§ 143-21 Location of on-lot sanitary sewer disposal systems.

[Amended 9-21-2006 by Ord. No. 556]

All on-lot sanitary sewer disposal systems constructed or placed shall comply with county and state design and isolation requirements.

§ 143-22 (Reserved) [1]

[1] Editor's Note: Former § 143-22, Concentrated animal feedlot operations (CAFO), as amended, was repealed 1-16-2020 by Ord. No. 662.

§ 143-23 Noise standards for all zoning districts.

[Amended 9-21-2006 by Ord. No. 556]

It is hereby declared to be the policy of Lower Providence Township to prohibit and prevent noise pollution, as hereinafter defined, for the purpose of securing and promoting public health, comfort, convenience, safety, welfare, peace and quiet in residentially zoned districts. Levels exceeding said permissible levels are prohibited.

A. Noise prohibitions.

(1) The creation or allowance of such creation within any residential zoning district of noise/sound levels in excess of 65 dB(A) during the daytime hours and 55 dB(A) during the nighttime hours is hereby prohibited.

(2) In situations where noise levels are measured at an interface or boundary line between a residential district and a nonresidential zoning district or where noise levels measured in a residential zoning district emanate from a source in another zoning district, the applicable permissible noise level at the point of measurement shall be the noise level permitted in the residential zoning district.

(3) It is prohibited for any person to cause, permit or allow any noise emanated by him or from property owned by him in any nonresidential zoning district to reach any residential zoning district when said noise levels exceed those set forth in Subsection A(1) above.

B. Exemptions. The provisions of this section shall not apply to:

(1) Devices used solely for the purpose of warning, protecting or alerting the public, or some segment thereof, of the existence of an emergency situation.

(2) Household tools and portable appliances in normal usage.

(3) Lawn care equipment in normal daytime usage if used and maintained in accordance with the manufacturer's specifications.

(4) Motor vehicles licensed for operation on public roads.

(5) Operations by, or sanctioned by, the proper authorities (city, state or federal) for the protection of persons or property where imminent physical trauma or property damage demands immediate attention.

(6) Emergency utility operation.

(7) Operations by Township, county or commonwealth departments.

(8) Nonamplified sound emanating from duly permitted or licensed and/or authorized athletic contests, fairs, parades and municipally sponsored events.

(9) Mechanical and electrical construction noise resulting from the operation of tools and equipment used in the ordinary course of drilling, renovations, lawn/yard and/or pool maintenance, tree maintenance, trimming and/or removal, digging, demolition and all related practices, provided that the noise emanating from said use occurs during daytime hours.

(10) All activities granted immunity and/or exemption from noise pollution control by the legislature of the Commonwealth of Pennsylvania to the extent of the immunity or exemption as granted by state law.

C. Measurement.

(1) The measurement of noise levels shall be conducted at points on the property line of the source if the source is in a residential zoning district, on the boundary of a zoning district if the source emanates from property in a nonresidential zoning district, or may be made on the premises of any property in a residentially zoned district reached by the sound waves from the noise emanating from the source.

(2) Measurement equipment shall be sound-level meters complying with ANSI SI.4, 1971, Specifications for Sound-Level Meters, of at least Type 2 quality and sensitivity, comprising a microphone, amplifier, output meter and frequency weighting network(s).

(3) Measurement equipment operators shall be members of the Code Enforcement and/or Police Departments of Lower Providence Township who have been properly trained in the operation and interpretation of the noise measuring equipment.

§ 143-24 Temporary structure or use.

[Amended 5-5-2005 by Ord. No. 525]

A zoning permit may be issued by the Township Zoning Officer or Director of Zoning for structures or uses, subject to the following additional provisions:

A. Statement from owner. Prior to the issuance of a permit for a temporary use or structure, the applicant shall present a statement from the owner of record of the land, recognizing the application and accepting responsibility and liability to ensure that the use or structure is removed once the permit expires. Such structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the structure or use is not removed in a timely fashion after proper notification, the Township may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.

B. Bond. The Zoning Officer may require that a bond or other acceptable form of security be posted by the applicant to ensure removal of the temporary use or structure. Such a bond shall be equal to 125% of the cost of removing the structure or use, as estimated by the Township Engineer.

C. Compatibility. The temporary use or structure shall be compatible with adjacent uses.

D. Types of temporary structures permitted.. The following types of structures are considered temporary structures:

(1) Portable toilets for special events, construction sites or parks.

(2) Tents or small storage containers, for retail sales or special or personal events (e.g. weddings, graduation, etc) only as stated in Subsection G.

(3) Construction office or temporary storage trailers for active construction sites only.

(4) Mobile homes for a temporary living quarters for the replacement of an existing residential structure that is permitted to be demolished.

(5) The zoning permit issued for temporary structures shall expire after:

(a) One year for active construction associated with land development sites;

(b) Six months for active construction for residential, commercial or institutional uses associated with Township building permits only;

(c) Thirty days for all other temporary structures not listed above.

(d) Zoning permits for temporary structures shall not be renewed after their expiration date unless approved by the Lower Providence Township Zoning Hearing Board as a special exception.

E. Special and personal events duration. In the case of a special event and except under special circumstances, this shall be a maximum of five days in a sixty-day period. This duration section shall not apply to active construction sites only. The Zoning Officer may grant approval once for a recurring event.

F. Temporary storage structures. All temporary storage structures shall be made of wood, placed in the rear yard of the principal structure, must have access by a permanent driveway and must be enclosed by a temporary six-foot-high solid wooden fence. No temporary storage structure shall be permitted to exceed six feet in height. Plastic tarp or canvas tent-like structures shall only be used in the rear yards to cover landscaping or active construction material such as lumber or construction equipment only during inclement weather. Metal or portable metal storage box-like containers and or tractor-trailers being used for temporary or permanent storage shall be prohibited in all residential, institutional and commercial zoning districts unless being utilized as temporary storage for any principal structure damaged by natural forces, by fire, or for active construction in which a Township building permit has been issued for the existing structure(s) on the property.

G. Special exception use. All tents used for peddling purposes or solicitation (e.g., tents for selling flowers, fireworks) are permitted only by special exception approval from the Zoning Hearing Board. All other tents used for display, serving food for a festival or for selling products shall not be erected within commercial or industrial districts unless special exception approval is obtained from the Zoning Hearing Board. All tents must be placed outside of the ultimate right-of-way of any street and must be placed on a vegetated surface. This section shall not apply to tents erected for a maximum of five days in any calendar year for routine and customary accessory noncommercial uses, special events or personal events (e.g., weddings, carnivals, graduation).

H. Parking of trucks and commercial vans. Storage or parking of other business-use vehicles in a residential zoning district shall be located within a permanent indoor storage structure only. No servicing or outside storage of tractor-trailer trucks or large business vans shall be permitted in all residential, institutional and commercial zoning districts.

§ 143-25 Height and location of nonhabitable structures.

A. The maximum height of buildings and other structures erected or enlarged under this chapter shall be 35 feet, except that a nonhabitable building or structure of such height may be increased to a maximum of 60 feet, or such increased height as may be warranted when approved by the Zoning Hearing Board, for such structures as water towers, chimneys, stacks, antennas, transmission towers and windmills, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth.

B. Structures intended strictly for agricultural uses only, such as barns, silos or towers, may be erected or altered up to a height of 60 feet, provided that such structures are located 100 feet from the existing property line.

C. In considering an application for special exception to permit any of the uses set forth in Subsection A above, the following guidelines shall be observed by the Zoning Hearing Board:

(1) It must consider the suitability of the property for the use desired.

(2) It must assure itself that the proposed use is consistent with the spirit, purpose and intent of the Zoning Ordinance.

(3) It must determine that the proposed use will serve the best interests and the convenience of the community and the public welfare.

(4) It must consider the effect of the proposed use upon logical, efficient and economical extension of police and fire protection.

(5) It must consider the suitability of the proposed location of such uses with respect to probable effects upon highway or interior traffic and assure adequate access arrangements in order to prevent undue congestion and hazard.

(6) It must impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Code is complied with.

§ 143-26 Application and review procedures.

[Added 1-16-2020 by Ord. No. 662]

Any subdivision or land development occurring in a residential zoning district (R-1, R-2, R-3, R-4, R-5, and MHP) shall be subject to the application and review procedure set out in Chapter 123, Subdivision and Development of Land, of the Code of the Township of Lower Providence.

A. In the event that an approved subdivision plan contains a combination of two or more housing types (i.e., single-family detached and townhouses), the amount of open space to be provided shall be determined by the higher-density dwelling classification.

§ 143-27 Projection of awnings, patio covers, patios and decks into yards.

[Added 1-16-2020 by Ord. No. 662]

A. Projection of unenclosed awnings, patio covers, patios and decks. Projection of unenclosed awnings, patio covers, patios and decks shall be permitted in all residential districts (R-1, R-2, R-3, R-4, R-5, and MHP) subject to the following provisions:

(1) Front yard intrusion.

(a) In all residential districts, except the R-4 and R-5 Zoning Districts, unenclosed awnings, patio covers, patios, and decks may project or extend into the front yard setback area a distance not to exceed eight feet beyond the building line; provided, however, that in no event shall any unenclosed awning, patio cover, patio, or deck be closer than 20 feet to the front lot line.

(b) In the R-4 and R-5 Districts, unenclosed awnings, patio covers, patios, and decks may project or extend into the front yard setback area a distance not to exceed eight feet beyond the building line; provided, however, in no event shall any such extension on any attached residential structure extend or connect to a similar unenclosed awning, patio cover, patio, or deck of an adjoining attached residence.

(2) Rear yard intrusion.

(a) In all residential districts, except in the R-4 and R-5 Districts, unenclosed awnings, patio covers, patios, and decks may project or extend into the rear yard setback area a distance not to exceed 16 feet; provided, however, that in no event shall any unenclosed awning, patio cover, patio or deck be closer than 20 feet to the rear lot line.

(b) In the R-4 and R-5 Districts, unenclosed awnings, patio covers, patios, and decks may project or extend into the rear yard setback area a distance not to exceed 16 feet; provided, however, in no event shall any such extension be permitted into any common open space, green space, or landscaping set aside in the original development plan for the residential community. In the case of attached residential structures, no unenclosed awning, patio cover, patio, or deck shall be connected to any other adjoining, unenclosed awning, patio cover, patio, or deck.

(3) Side yard intrusion.

(a) In all residential districts, except the R-4 and R-5 Zoning Districts, unenclosed awnings, patio covers, patios, and decks shall not be located closer than 10 feet to any side yard property line.

(b) In the R-4 and R-5 Districts, unenclosed awnings, patio covers, patios, and decks on any attached residential structure shall not extend or connect to a similar unenclosed awning, patio cover, patio, or deck of an adjoining attached residence and shall not be located closer than 10 feet to any side yard property line.

B. Building coverage. For the purpose of calculating building coverage of any lot in a residential district (R-1, R-2, R-3, R-4, R-5, and MHP), the square footage of any area occupied by any extension of awning, patio cover, patio, or deck into the front, rear, or side yard setback areas shall be included in the total calculation of building coverage and shall otherwise comply with said building coverage regulations contained in this chapter.

C. Enclosure of projected area. Any awning, patio, or deck which is extended into the front, rear, or side yard setback areas shall not be enclosed, except with insect screening. Open railings at a height not to exceed 40 inches shall be permitted and shall not be considered as an enclosure.

D. Use as garage/carport/storage shed. Any patio, deck, awning area, or patio cover which is projected into the front, rear, or side yard setback areas shall not be used as a garage, carport, or storage shed.

§ 143-28 Design and development standards and requirements.

[Added 1-16-2020 by Ord. No. 662]

Site development within the R-3, R-4, and R-5 Districts shall be in conformance with an overall plan for locating buildings and structures, providing for safe and efficient circulation of vehicles and pedestrians, preservation and extension of the natural amenities of the site, and providing for the continued maintenance of the land and improvements thereon. The design and the operation and maintenance of the site and improvements with these zoning districts shall meet at least the following minimum standards and requirements:

A. The architectural character of buildings and structures shall be harmonious.

(1) The Township wishes to encourage the creation of visual interest in buildings and to discourage visual monotony due to long, flat building planes. There are many ways to develop visual interest, e.g., wing walls, patios, fences, walls, landscaping, overhanging roofs, projecting rooms from the building face, balconies, detailing, and either vertical and/or horizontal building breaks. The Township recommends use of any or all of the above methods.

(2) In order to establish a minimal involvement with aesthetic concerns and to encourage buildings to conform to the surface grade, the following standards are proposed for building breaks. These are not to be considered mandatory or inflexible. However, if the developer does not conform to these standards, he shall demonstrate to the Township's satisfaction what other steps he has taken to alleviate aesthetic monotony and to conform to grade.

(a) Vertical breaks: a total break footage of four vertical feet in minimum increments of 16 inches in every 160 horizontal building feet or within three fire walls.

(b) Horizontal breaks: a total break footage of eight horizontal feet in minimum increments of 32 inches in every 160 horizontal building feet or within three fire walls. In addition, angles in the building wall of 22° or more will be considered equivalent to an eight-foot break.

B. Landscaping. The site shall be landscaped in accordance with an overall site landscaping plan providing for at least the following requirements:

(1) Screening requirements.

(a) When the site to be developed adjoins an area not within the same zoning district, the buffer area of the site shall contain a planted screen to act as a visual barrier unless, upon approval of the Board of Supervisors, equivalent screening is provided by natural areas, topography, or recreational areas. The planted screen shall be composed of plants and trees arranged to form both high-level and low-level screening.

(b) The high-level screen shall be composed of a double row of evergreen trees spaced 15 feet apart on center, with the trees in one row offset 7 1/2 feet from the trees in the other row, and the rows shall be at least five feet apart. These trees shall be not less than six feet in height at the time of planting and shall be of such species that the expected height at maturity shall be not less than 20 feet.

(c) The low-level screen may be any plant materials approved by the Township. Plants shall be not less than two feet in height at the time of planting and spaced at intervals of no more than five feet on center.

(2) Any area not used for buildings, structures, paved areas, or screening shall be planted with an all-season ground cover and other landscaping materials in accordance with the landscaping and screening plan. Existing vegetative materials shall be preserved wherever possible.

C. Lighting in the R-4 and R-5 Districts. The site shall be provided with lighting facilities in accordance with an overall site lighting plan consistent with the light level standards set by the electrical utility company for various conditions of pedestrian and vehicle safety and security. Sites adjoining highways and neighboring properties shall protect such adjoiners from direct glare.

D. Circulation. A unified circulation system for vehicle and pedestrian use shall be provided in accordance with an overall circulation plan and shall meet the following requirements:

(1) Dwelling unit location shall correspond to a locator or address system to provide an efficient identification of address location for emergency service or delivery service.

(2) Every dwelling unit shall be accessible to the circulation system and be no further than 150 feet from the closest point of servicing by emergency, delivery, and trash collection vehicles. All buildings and structures must be accessible to fire emergency equipment under all weather conditions, and the routes of accessibility must be designed to avoid entrapment of vehicles and equipment and the constraining of fire-fighting operations.

(3) All land areas on the site to be used in common by the residents shall be accessible to every dwelling unit by a system of walkways and natural paths as provided for under Chapter 123, Subdivision and Development of Land, of the Code of the Township of Lower Providence.

(4) Provisions shall be made for safe and efficient ingress to and egress from public streets and highways without undue congestion or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than 200 feet from the intersection of any two public streets.

E. Utility systems. All utility lines servicing the development must be placed underground. All utility distribution systems must be acceptable to the selective cutting of service during fire and other emergencies and shall be identified on a plan and furnished to the Township.

F. Operation and maintenance. The development shall be designed to provide for the normal accouterments and community requirements of household living and property maintenance, including the following:

(1) Identification of responsible party and the equipment and facilities required for the maintenance and landscaping of buildings and other structures, including storage and maintenance areas.

(2) A system for storage and collection of solid waste generated on the site that is consistent with the standards of solid waste management.

(3) A system for the removal and storage of snow and ice accumulations upon streets, walkways, and parking areas within four hours after the snow has ceased to fall.

(4) A system for prevention, reporting, and soliciting of aid in response to the threat of property and person from fire, natural disaster, or criminal intent.

(5) A television antenna or receiving system that requires no more than one visible outside antenna per building but is capable of servicing all dwelling units within the building.

(6) A storage system for securing personal property that includes consideration of storage needs for immediate use, long-range storage, and ground-level protection of bicycles, perambulators, and similar types of equipment.

G. No dwelling unit shall be used and no use and occupancy permit shall be issued until it has been adequately provided with both public water and public sanitary sewer service.

H. Open space.

(1) Open space, as defined by this chapter, shall be indicated on the site plan and shall conform with the following:

(a) A minimum of 20% of the gross site area shall be dedicated as open space, unless a larger area of open space is required by a specific use and/or zoning district. A maximum of 20% of this open space area may consist of floodplain areas.

(b) Such land set aside for open space shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location, and topography and shall be subject to the approval of the Board of Supervisors.

(c) The developer shall satisfy the Township that there are adequate provisions to assure retention and all future maintenance of such open space areas by maintaining ownership, or by providing for and establishing an organization for the ownership and maintenance of these areas, and such organization shall not be dissolved nor shall it dispose of the open space area by sale or otherwise, except to an organization conceived and established to own and maintain this open space area, without first offering to dedicate the same to the Township. Should the developer or organization retain ownership of the open space area, the following shall be required:

[1] A maintenance bond in the amount of 50% of the appraised value of the open space area and all improvements shall be provided to the Township by the developer or organization.

[2] A proof of insurance with liability coverage of $500,000 per incident and $1,000,000 aggregate shall be furnished to the Township and renewed annually.

(d) The area or areas of open space shall be easily and safely accessible for all areas of the development to be served, have good ingress and egress, and have access to a public road. Where access to a public road is by frontage, the frontage shall be a minimum of 50 feet in width. Where access is through easements, a minimum of two easements, each with a minimum width of 20 feet, shall be provided.

(e) The area or areas of open space should have suitable topography and soil conditions for use and development as a recreation area. Water surfaces and wetlands shall be deleted from the gross area for all calculations.

(f) Size and shape for the area or areas of open space shall be suitable for development as a park. A guideline is that no single side of a property with a quadrilateral configuration shall amount to more than 40% of the tract's perimeter. An example of an unacceptable piece of land is one that is 30 feet wide and 500 feet long. This guideline does not apply to areas being developed as a bicycle route, pedestrian path, or as a connecting trail to other facilities.

(g) The proposed open space shall consist of one or more well-placed, adequately sized areas, designed to accommodate the anticipated open space and recreational uses, rather than divided up into numerous smaller parcels with minimal utility as recreational facilities. A suggested guideline is that no area shall consist of less than 40% of the total acreage of the land dedicated or set aside as open space, and in all cases, no open space area shall be less than 5,000 square feet in size. A development or site may contain smaller undeveloped areas, but these areas cannot be counted towards meeting the minimum amount of open space required to be provided under this chapter.

(h) The area or areas of open space shall, to the greatest extent practical, be easily accessible to essential utilities, including power, water, sewage, and telephone. All of these facilities are placed underground and, no part of them or their supportive equipment shall protrude above ground level, except as approved by the Board of Supervisors.

(i) Fifty percent or more of the finished grade of the area or areas of open space to be dedicated or set aside shall have a slope of 3% or less.

(j) The area or areas of open space shall be compatible with the objectives, guidelines, and recommendations set forth in the Lower Providence Township Park and Recreation Plan, as amended, and the requirements of Lower Providence Township Recreation Land and Fees, as amended.

(k) Any design or development of these open space areas shall be done according to current standards established by the National Recreation and Parks Association.

(2) Should a developer dedicate or set aside a portion of land for open space that fails to meet the quantity and/or quality requirements as outlined elsewhere in this chapter or should the Board of Supervisors determine the land contribution insufficient due to the inclusion of unacceptable parcels of land, as defined in this section, monetary contributions shall be required to supplement the required land contribution.

(3) The monetary amount shall be equal to the fair market value of the acreage which the developer has failed to dedicated or set aside, unless the Board of Supervisors has agreed to another process to valuate this missing open space area. The fair market value shall be determined by an appraisal, conducted by an appraiser selected by the Township and paid for by the developer, of the predevelopment value of the subdivision property. Said contribution shall be made prior to procurement of a building permit, and all money paid to the Township pursuant to this provision shall be kept in a parks and recreation capital revenue fund.

§ 143-29 through § 143-30. (Reserved)