[HISTORY: Adopted by the Board of Supervisors
of the Township of Union as indicated in article histories. Amendments
noted where applicable.]
[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.
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
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.
