[Amended 12-22-2015 by Ord. No. 370]
The overall intent of these open space provisions is to identify
those zoning districts where the designation of open space is explicitly
applicable and further to identify related use regulations, locational
criteria, performance standards and ownership and maintenance requirements
for land to be held for recreational use, and/or for conservation,
preservation or enhancement of natural and cultural resources and
amenities. 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, geological and environmental resources and maintain
ecological stability by:
(1)
Encouraging the preservation of land floodplains and thus to
supplement Floodplain Conservation District regulations.
(2)
Limiting the development of steep and very steep slopes.
(3)
Protecting the quality of existing watercourses, ponds, lakes
and other water bodies, including riparian buffers, wetlands, and
wetland margins.
(4)
Encouraging the preservation of groundwater resources through
the provision of open space areas for groundwater recharge.
(5)
Avoiding the disruption of woodland and forest areas, for the
purpose of protecting vegetation and related wildlife habitat.
D. Encourage the preservation of existing and potential agricultural
land through the identification and use of open space lands which
are suited for agricultural production, particularly prime agricultural
land.
E. Preserve historic resources by:
(1)
Promoting the preservation of significant historic resources
as open space.
(2)
Protecting the character of historic resources by encouraging
the designation of surrounding land as open space.
F. Preserve scenic resources.
G. Aid in the implementation of the Comprehensive Plan and the attainment
of the goals, objectives and strategies contained therein.
[Amended 1-2-2001 by Ord. No. 255; 12-22-2015 by Ord. No. 370]
Although open space is encouraged to be maintained, organized
and designated everywhere in the Township, the provisions of this
article are particularly applicable to:
A. The R-1 District, Article
III, involving cluster development in accordance with §
210-12.
B. The R-2 District, Article
IV, involving cluster development in accordance with §
210-12.
C. The R-2D District, Article
V, involving cluster development in accordance with §
210-12.
D. The R-A Residence - Garden Apartment District, Article
VII.
E. The R-AH Residence - High-Rise Apartment District, Article
VIII.
F. The Planned Residential Development Districts, Articles
X,
XI and
XII.
[Amended 12-22-2015 by Ord. No. 370]
A. Permitted principal uses.
(1)
Active and passive recreational uses, including parks, playgrounds,
playfields, trails, and structures related thereto.
(2)
Conservation uses to preserve woodland and forest areas, lakes,
ponds, streams, and related landscape features.
(3)
Agricultural uses which do not require structures.
(4)
Planted areas used for buffering and screening purposes and
noise control.
(5)
Structures presently existing in areas to be designated as open
space.
B. Permitted accessory uses.
(1)
Uses customarily incidental to the principal uses permitted in §
210-272A, unless specified otherwise in §
210-272C.
(2)
Signs which are customarily incidental to the principal uses permitted in §
210-272A, and in accordance with Article
XXIII.
C. Conditional uses.
(1)
The following uses and their related accessory uses, provided that a satisfactory environmental impact assessment report is prepared as set forth in Article
XI, Chapter
160, Subdivision and Land Development.
(a)
Parking which is customarily incidental to the principal uses permitted in §
210-272A, and in accordance with Article
XXII.
(c)
Boundary fences and walls.
(d)
Agricultural uses which require structures.
D. Prohibited uses and activities.
(1)
Structures other than those associated with §
210-272A,
B, or C above.
(2)
Soil, rock or mineral extraction and/or removal, other than in association with any uses related to §
210-272A,
B, or C above.
(3)
Removal of topsoil other than in association with any uses related to §
210-272A,
B, or C above.
(4)
Cutting and removal of live trees or other flora, except where such vegetation must be cut or removed to accommodate uses associated with any uses related to §
210-272A,
B, or C above, and in accordance with Article
VIII, Chapter
160, Subdivision and Land Development.
(5)
Storage of materials that may be hazardous to the health, safety
and general welfare of the Township.
[Amended 12-22-2015 by Ord. No. 370]
Locational criteria. Any lands within the Township may be designated as open space. However, in planning for land uses within the applicable districts as referenced in §
210-271, the following shall be considered most appropriate for designation as open space:
A. Conservation areas. Conservation areas as depicted in the Comprehensive
Plan, including:
(1)
Floodplain areas and flood-prone areas, as set forth in Article
XX and depicted in the Floodplain Conservation District Map.
(2)
Areas of steep slope and very steep slope.
(3)
Surface water resources such as lakes, ponds, streams, springs,
wetlands and riparian buffers.
B. Other resources.
(1)
Historic resources as regulated in Article XIXA.
(2)
"Important farmlands," as defined by the United States Department
of Agriculture (USDA), Soil Conservation Service, including prime
farmlands and additional farmlands of statewide importance.
(3)
"Tree masses," as defined herein, and areas supporting stands
of trees wherein the majority are 12 inches DBH or greater.
(4)
Wildlife habitats such as deer wintering areas, nesting areas
for terrestrial and aquatic wildlife and the like.
(5)
Groundwater resources and recharge areas.
(6)
Lands to be used and maintained as buffers for screening purposes,
noise control and other safeguards.
(7)
Lands to be used for various recreational opportunities and
pursuits.
[Amended 12-22-2015 by Ord. No. 370]
A. When computing open space areas for purposes of determining compliance
with open space standards, the following shall not be counted as open
space:
(1)
Rights-of-way or easements proposed for dedication (except for
Concord Township Sewer Authority easements).
(2)
Areas to be used for permanent soil erosion and sedimentation
control and areas for stormwater or drainage management structures
or basins.
(3)
Areas used for retail sales of agricultural products or areas
of uses accessory thereto.
(4)
Parking areas, streets, driveways and parking lots.
(5)
Lot areas for existing or proposed dwelling units.
(6)
Perimeter buffers up to 25 feet in width.
(7)
Areas that have not been permanently protected by deed restriction, private conservation easement, or grant of fee title to the Township pursuant to §
210-276 of this Code.
B. No more than 1/2 of the required open space shall consist of a singular
type of resource, such that no more than 50% of the open space can
be comprised by the flood plain conservation areas and/or wetlands;
or, no more than 50% of the open space can be comprised by steep and
very steep slopes.
[Amended 1-2-2001 by Ord. No. 255; 8-25-2015 by Ord. No. 367; 12-22-2015 by Ord. No. 370]
A. Minimum contiguous area. Land designated as open space shall have
a contiguous area of not less than one acre, except for the open space
area within a parklet or green which shall be in the range of 1,000
to 6,500 square feet.
B. Minimum width. The configuration of any open space land shall provide
for a minimum width of 250 feet, except for the open space of a parklet
or green which shall not be less than 60 feet in width.
C. Maximum impervious surface coverage. Not more than 5% of the total
area of designated open space shall be covered by impervious surfaces;
and not more than 1/2 of any individual parcel of open space shall
be covered by impervious surfaces, including buildings.
D. Minimum setback.
(1)
Any buildings within the designated open space shall be located
no less than 100 feet from the perimeter property lines; and no less
than 50 feet from any new lot line created within a tract.
(2)
Any structures within the designated open space shall be located
no less than 50 feet from the perimeter property lines; and no less
than 25 feet from any new lot line created within a tract, except
for signs, boundary fences, walls and the like.
E. Area configuration.
(1)
The open space designated within a development area shall not
be merely leftover or unusable land. It shall be laid out to the satisfaction
of the Board of Supervisors according to sound site design principles
providing a maximum of accessibility to the residents of a development
area.
(2)
At least 25% of the required open space shall be made usable
and physically prepared for playgrounds, playfields and/or other active
recreation activities and/or facilities, unless the applicant proposes
to pay the recreation fee-in-lieu, subject to the approval of the
Board of Supervisors.
(3)
The open space designated within a development area shall be
arranged so as to encompass a single land parcel to the maximum extent
possible, linked by a common means of circulation and access; and
it shall be contiguous to the developed area and not separated from
it by existing roads unless safe pedestrian access can be demonstrated.
(4)
The designated open space shall be arranged to maintain contiguity
with other designated open space areas or similar areas on adjacent
lands, either by direct contact or some common means of circulation
and access. If the open space area is owned by the Township, open
space areas shall be designed to accommodate pedestrian pathways to
be available for general public use in order to ensure the potential
for a contiguous open space network throughout the Township.
(5)
All designated open space shall be accurately and conspicuously delineated, depicted and otherwise noted on a map of the subject tract in accordance with the requirements of Chapter
160, Subdivision and Land Development; such open space shall be differentiated as to its type and area.
(6)
No dimension of open space shall be less than 75 feet in width,
except as required for trail connections.