[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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[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.
[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.