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]
