[Added 1-4-2000 by Ord. No. 245]
[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.
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:
[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.
(6)
Municipal use.
C.
[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:
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.
(8)
Scenic areas.
[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.
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.
A.
Except to provide for permitted recreational and open
space uses, designated open space shall be restricted from further
subdivision or land development by deed restriction, conservation
easement or other agreement in a form acceptable to the Township and
duly recorded in the office of the Recorder of Deeds of Delaware County.
Subject to such permanent restrictions, any of the following methods
and no other may be used, either individually or together, to preserve,
own and maintain open space:
B.
The following specific requirements are associated
with each of the various methods:
(1)
Fee simple dedication.
(a)
The Township may, but shall not be required
to, accept an offer of a deed of dedication provided that:
(b)
Where the Township accepts dedication of restricted
open space land that contains improvements, the Board of Supervisors
may require the posting of financial security to ensure structural
integrity of said improvements, as well as the functioning of said
improvements for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(2)
Homeowners' association. The restricted open
space land and associated facilities may be held in common ownership
by a nonprofit homeowners' association. If a homeowners' association
is formed it shall be governed according to the following regulations:
(a)
The landowner or developer shall provide the
Township with a description of the organization, including its bylaws
and methods for maintaining open space, which shall be acceptable
to the Township Solicitor.
(b)
The organization is to be organized by the landowner
or developer and operating with financial subsidization by the landowner
or developer, if necessary, before the sale of any lots within the
development.
(c)
Membership in the organization is mandatory
for all purchasers of dwelling units therein and their successors.
The conditions and timing of transferring control of the association
from developer to homeowners shall be identified.
(d)
The association shall be responsible for maintenance
and insurance on common open space land, enforceable by liens placed
by the homeowners' association. Maintenance obligations also may be
enforced by the Township which may place liens to recover its costs.
Any governmental body with jurisdiction in the area where the development
is located may place liens on the owners of the open space to collect
unpaid taxes.
(e)
The members of the organization shall share
equitably the costs of maintaining and developing open space, in accordance
with procedures established by them. Shares shall be defined within
the association bylaws. If a member fails to pay his prorata share,
then a lien against an individual property may be made in accordance
with the provisions for same in the bylaws of the organization. Association
dues shall be structured to provide for both annual operating costs
and to cover projected long-range costs relating to the repair of
any capital facilities (which shall be deposited in a sinking fund
reserved for just such purposes).
(f)
The organization shall be responsible for maintenance
of and insurance and taxes on open space.
(g)
In the event of a proposed transfer, within
the methods here permitted, of common open space land by the homeowners'
association or of the assumption of maintenance of such land by the
Township, notice of such action shall be given to all property owners
within the development.
(h)
The organization shall have or hire adequate
staff to administer common facilities and maintain the open space
to the satisfaction of the Board of Supervisors.
(i)
The homeowners' association may lease open space
lands to any other qualified person or corporation for operation and
maintenance of such lands, but such a lease agreement shall provide:
[1]
That the residents of the development shall
at all times have access to open space lands contained therein (except
that access to land that is actively farmed shall be limited to times
of the year when the fields are fallow);
[2]
That the common open space land to be leased
shall be maintained for the purposes set forth in this article; and
[3]
That the operation of open space facilities
may be for the benefit of the residents only or may be open to the
residents of the Township, at the election of the developer and/or
homeowners' association, as the case may be.
(j)
The lease shall be subject to the approval of
the Board of Supervisors and any transfer or assignment of the lease
shall be further subject to the approval of the Board of Supervisors.
Lease agreements so entered upon shall be recorded with the Recorder
of Deeds of Delaware County within 30 days of their execution, and
a copy of the recorded lease shall be filed with the Township Secretary.
(k)
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, the applicant shall provide a draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
(3)
Condominium agreement. The restricted open space
land and associated facilities may be held in common through the use
of condominium agreement(s) approved by the Board of Supervisors.
Such agreements shall be in conformance with the Uniform Planned Community
Act, as may be amended.[1] All open space land shall be held as common elements or limited common elements. To the degree applicable, condominium agreement(s) shall comply with the provisions of § 210-276B(2) for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101.
(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, the title of which is to remain in common ownership
by condominium or homeowners' association, provided that:
(a)
Such land is accessible to the residents of
the Township.
(b)
There is no cost of acquisition other than any
costs incidental to the transfer of ownership, such as title insurance.
(c)
A satisfactory maintenance agreement is reached
between the developer, condominium or homeowners' association and
the Township.
(5)
Transfer to a private conservation organization.
With permission of the Township, 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 is to conserve
open space land, provided that:
(a)
The organization is acceptable to the Township
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 its articles of Incorporation.
(c)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions.
(d)
A maintenance agreement acceptable to the Township
is entered into by the landowner or developer and the organization.
(6)
In the event of any proposed transfer of open
space within the methods permitted in this section or of the assumption
of maintenance of open space land by the Township as hereinafter provided,
notice of such action shall be given to all affected property owners.
C.
In the event that the organization 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 of maintenance
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 the Township 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, the Township
shall, upon its initiative or upon the request of the organization
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, in 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.
D.
The landowner of any subdivision or land development
which is proposed to contain open space or common open space shall
arrange with the Delaware County Board of Assessment, when applicable,
a method of assessment of the open space which will allocate to each
tax parcel in the subdivision a share of the total assessment for
such open space. Where this alternative is to be utilized, the method
of allocation shall be approved by the Board of Supervisors.
