[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.
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.
(6) 
Municipal use.
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.
(b) 
Bridges.
(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.
(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.
(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 floodplain 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 Township Council 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 Township Council.
(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, of the Code; 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:
(1) 
Dedication in fee simple.
(2) 
Homeowners' association.
(3) 
Condominium agreement.
(4) 
Dedication of easements.
(5) 
Transfer of fee simple title or development rights and easements to a private conservation organization.
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:
[1] 
Such land is accessible to the residents of the Township.
[2] 
There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance and recording fees.
[3] 
The Township agrees to and has access to maintain such lands.
(b) 
Where the Township accepts dedication of restricted open space land that contains improvements, the Township Council 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 pro rata 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 Township Council.
(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 Township Council, and any transfer or assignment of the lease shall be further subject to the approval of the Township Council. 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 Township Council. 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 the 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 Township Council.