Township of Union, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Union as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Recreational Board — See Ch. 33.
Subdivision and land development — See Ch. 172.
[Adopted 3-21-1994 by Ord. No. 94-2]
[Amended 9-20-2004 by Ord. No. 2004-14]
The purpose of this article is to establish rules and regulations governing the use and enjoyment of parks and recreation areas owned by the Township or by charitable organizations or otherwise within the Township's control, pursuant to the powers vested in the Board by 53 P.S. §§ 66505 and 67204 and any other applicable law or regulation.
For the purpose of this article, the term "park" shall mean any outdoor property within the Township's control and made available for the use and recreational enjoyment of the residents of the Township and, as allowed, for the members of the general public.
It shall be unlawful for any person entering or using a park to do any of the following while in the park:
A. 
Enter or be present in a park after sunset but before 8:00 a.m.
B. 
Operate a licensed car, truck, motorcycle, or trailer anywhere other than on a parking lot or access road for any purpose other than entering and exiting the park.
[Amended 3-17-2008 by Ord. No. 2008-1]
C. 
Operate a motorbike, dirt bike, trailer, three-wheeler, four-wheeler, ATV, snowmobile, recreational vehicle, or unlicensed car, truck, motorcycle or trailer anywhere in the park or on its access roads.
[Amended 3-17-2008 by Ord. No. 2008-1]
D. 
Park a motor vehicle anywhere other than in a designated parking space.
E. 
Build or erect any structure, whether temporary or permanent.
F. 
Remove, damage or deface any tree, rock, plant, structure, facility or equipment.
G. 
Organize or facilitate a gathering of more than 15 people without the appropriate permission from the Township.
H. 
Possess, use or consume any alcoholic beverage or illegal or illicit substance.
I. 
Engage in target practice of any kind.
[Amended 2-16-2015 by Ord. No. 2015-2]
J. 
Make or contribute to the making of noise that is disturbing to the rights of others who may wish to use the park or that constitutes a nuisance.
K. 
Engage in any commercial activity.
L. 
Distribute printed material, engage in solicitation or place unauthorized advertisements, signs or posters, without an appropriate permit from the Township.
M. 
Litter or fail to dispose of trash or rubbish generated in the park in appropriate receptacles. Dumping of any trash, rubbish, or junk, anywhere in the park or its access roads.
[Amended 3-17-2008 by Ord. No. 2008-1]
N. 
Camp or sleep for more than two hours.
O. 
Kindle, maintain or use open fire.
P. 
Fail to control and clean up after personal pets.
[Amended 3-17-2008 by Ord. No. 2008-1]
Q. 
Launch or use a boat, raft, canoe or similar device, except at the designated boat ramp area. Launch or bring into the park any motorized craft, other than one using an electric motor, except in times of official use under emergency conditions. Launch or use any watercraft in disregard of Fish and Boat Commission safety rules and regulations, disregard the safety of persons in the vicinity or persons on board, or disregard the conditions of the waters where the boating is occurring.
[Amended 3-17-2008 by Ord. No. 2008-1]
R. 
Swim or enter the water directly from park property, except at the designated boat ramp area. Swim or enter the water in disregard for the safety of oneself or persons in the vicinity, or in disregard for the conditions of the waters then existing.
[Amended 3-17-2008 by Ord. No. 2008-1]
S. 
Fail to remove a motor vehicle at or before sunset.
T. 
Engage in the hunting, trapping, capture, or molesting in any manner of animals, birds and wildlife.
[Amended 3-17-2008 by Ord. No. 2008-1]
U. 
Contaminate, pollute or degrade natural waters.
V. 
Graze or permit the grazing of domestic livestock.
W. 
Fish, without having first followed state licensing regulations.[1]
[Amended 3-17-2008 by Ord. No. 2008-1]
[1]
Editor's Note: Original Subsection 24, which immediately followed this subsection, was deleted 9-20-2004 by Ord. No. 2004-14.
X. 
Remove sand, earth, clay, stone, minerals or other products.
Y. 
Participate in, become a part of, or contribute to boisterous, immoral or indecent conduct. Be under the influence of alcohol or drugs. Use indecent language, fight or engage in disorderly conduct.
[Amended 3-17-2008 by Ord. No. 2008-1]
Z. 
Violate, fail to or neglect to follow temporary or permanent instructions posted on signs authorized by the Board.
It shall not be unlawful for a person to engage in any of the behaviors or activities enumerated in the foregoing rules and regulations if a permit has been obtained from the Board or from an authorized representative of the Board which would permit the otherwise forbidden behavior or activity.
No part of this article shall be interpreted or enforced in a manner that would deny a person with a disability the ability to use and enjoy a park.
[Amended 9-20-2004 by Ord. No. 2004-14]
A. 
If, at any time, a person engages in any of the behaviors or activities prohibited by the rules or regulations cited above, that person shall lose the privilege of the continued park use, and be guilty of a violation of this article and shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty.
[Amended 3-17-2008 by Ord. No. 2008-1]
B. 
Any police officer, when displaying a badge or sign of authority, may arrest upon view any person violating any such rules, and such police officer shall forthwith make and file with the District Justice before whom the arrested person is taken an information setting forth the offense.
C. 
The Township Code Enforcement Officer, upon view of any person violating any such rules, may ask the person to leave the park immediately, and may institute proceedings for the violation of this article and for the collection of fines and penalties imposed thereby consistent with Chapter 1, Article III, General Penalty.
[Amended 3-17-2008 by Ord. No. 2008-1]
The Board shall cause signs to be conspicuously posted throughout the parks and especially at the entrances thereto. These signs may either state the above-cited rules and regulations in full or the signs may provide a reasonable synopsis of the rules and regulations. The signs shall include a statement of the applicable penalties for violating this article.
The provisions of this article, so far as they are the same as those of ordinances and regulations in force immediately before the enactment of this article, are intended as a continuation of those earlier ordinances and regulations and not as new enactments. Nothing in this article shall affect any act done or liability incurred or any suit or prosecution pending or to be instituted under any of those repealed or superseded ordinances or regulations.
[Adopted 3-16-1998 by Ord. No. 98-1]
All applicants submitting subdivision and land development plans shall submit with the final plan a dedicated portion of the land being subdivided or developed as a public recreation area ("recreation area") or a fee in lieu of dedication.
The recreation area shall not be part of any lot, but it shall be dedicated to the Township or, in the sole discretion of the Board, to a homeowners' association or similar entity, which will perpetually maintain the property for the purposes of access and use by the general public. Any recreation area shall be offered by a special warranty deed of dedication to the Township, and the Township shall by resolution accept such deed, subject to the approval of the Board and provided that:
A. 
The recreation area is to be used and occupied exclusively as park and recreation area;
B. 
The deed to the recreation area shall contain language that the recreation area is not subject to further subdivision or land development;
C. 
The Township shall own the recreation area in fee simple absolute, free and clear of all liens and encumbrances (unless waived by the Township);
D. 
The Township shall bear all responsibility for ownership and maintenance of the recreation area; and
E. 
The recreation area is in accordance with the other terms and conditions of this article, the recreational plan, Chapter 172 (Subdivision and Land Development), the Union Township Comprehensive Plan of 1994 and the Municipalities Planning Code, as they may be amended from time to time.
The recreation area shall have size, dimensions, topography, access and general character suitable for recreational use. The Board of Supervisors, in conjunction with the recommendations of the Recreational Board and the Union Township Planning Commission, shall have the sole discretion to determine if the recreation area is suitable for its intended purpose. If the recreation area is unacceptable to the Board, a fee in lieu of dedication shall be provided to the Township in accordance with this article. The following are the minimum requirements necessary for a recreation area to be dedicated to the Township:
A. 
The recreation area shall provide adequate open space and shall be accessible to all residents, maintenance personnel and equipment;
B. 
The recreation area shall have road frontage;
C. 
Consideration shall be given to preserving natural features, including rock outcrops, large trees, watercourses, historical structures and other assets that would enhance the value and aesthetic qualities of the development or the Township;
D. 
The recreation area shall not be located within stormwater basins;
E. 
The recreation area shall be contiguous and regular in shape;
F. 
If possible, the recreation area should be located adjacent to other recreation areas both within and outside of the development in question;
G. 
The recreation area's soil shall be suitable for its use and development as a recreational facility;
H. 
The land shall be easily accessible to all necessary utilities;
I. 
Consideration may be given to the National Recreation and Park Association's Recreation Park and Open Space Standards and Guidelines 1983, as amended;
J. 
No more than 25% of the recreation area shall have a slope in excess of 7%;
K. 
No more than 25% of the recreation area shall be located within a floodplain, hydric soil overlay or wetlands area;
L. 
A minimum of 0.073 acres shall be offered for dedication to the recreation area for each residential lot, dwelling unit or combination thereof;
M. 
A minimum of 0.02 acres shall be offered for dedication for each 1,000 square feet of building, structure or improvement proposed for any nonresidential land development plan;
N. 
No recreation area shall be accepted for dedication if it is less than 0.5 acres and 50 feet in width; and
O. 
All other requirements as determined, from time to time by the Board, to be necessary for the implementation of the Recreational Plan so that the amount and location of land to be dedicated (or fees in lieu thereof) shall bear a reasonable relationship to the use of the parks and recreational facilities in accordance with the terms and conditions of the Recreational Plan.
[Amended 4-17-2006 by Ord. No. 2006-3]
If the Board, in its sole discretion, determines not to accept the proposed recreation area because it fails to meet the standards set forth in this article or other laws, ordinances or resolutions referred to in this article, then a fee in lieu of dedication shall be tendered in the amount set by resolution. The amount shall be based on the fair market value of land, and the fee shall be set per dwelling unit/lot, or the greater number thereof, or per 1,000 square feet of building in the case of nonresidential development, as the Board may determine.
[Amended 2-16-2015 by Ord. No. 2015-2]
A fee authorized and collected in lieu of dedication, upon receipt by the Township, shall be deposited in an interest-bearing account, clearly identified as reserve for providing, acquiring, operating or maintaining park or recreational facilities. Interest earned on such accounts shall become funds of that account. Upon request of any person who paid any fee under this section, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township had used the fee paid for a purpose other than the purposes set forth in this section.
The Township may accept a combination of recreation area and fees in lieu of dedication in order to fulfill the requirements of the Recreational Plan and this article, provided it shall not be less than the total acreage to be developed or the acreage which constitutes the basis of calculating the fee in lieu of dedication.
This article is enacted under the authority of the Second Class Township Code, P.L. 350, § 1, November 9, 1995, § 53 P.S. § 67204; the Municipalities Planning Code, P.L. 1329, § 2, December 21, 1988, 53 P.S. § 10503; and Chapter 172, Subdivision and Land Development, as they may be from time to time amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania or the Board.
[Added 9-20-2004 by Ord. No. 2004-14]
Any person found guilty of a violation of this article shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty.