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 environmental resources and maintain
ecological stability by:
(1)
Encouraging the preservation of land contiguous
to floodplains and thus supplementing existing floodplain district
regulations;
(2)
Limiting the development of steep slopes;
(3)
Encouraging the preservation of open areas for
groundwater recharge (aquifers);
(4)
Limiting the disruption of existing woodlands;
(5)
Encouraging the preservation of land surrounding
natural resources as open space.
D. Encourage the preservation of existing and potential
agricultural land, particularly land with prime agricultural soils.
E. Preserve historic and cultural resources by:
(1)
Encouraging the use of historic sites as open
space.
(2)
Protecting the character of historic and cultural
sites and structures by encouraging the preservation of surrounding
land as open space.
F. Aid in the implementation of the Comprehensive Plan
and the attainment of its goals, objectives and strategies.
[Amended 8-13-2001 by Ord. No. 615]
A. The provisions of this article are applicable to:
(1)
The cluster option where open space is required
in the R-1 and R-2 Districts.
(2)
The association with townhouses and apartments
in the R-4 and R-5 Districts.
(3)
Common open space in the PRD Districts.
(4)
Designated open space within a mobile home park
in the SU-2 Overlay District.
B. Open space shall be provided in subdivisions and land developments in accordance with §§
210-40 and
210-41 of Chapter
210, Subdivision and Land Development.
Land designated as open space may be used for
any of the following purposes and no other:
A. Permitted principal open space uses:
(1)
Conservation uses including woodlands and other
natural areas such as grassland, marshes, lakes, ponds, streams and
floodplains.
(2)
Agricultural uses, including cropland, pasture,
silvaculture and nurseries.
(3)
Passive recreational uses such as parks and
natural trails.
(4)
Active recreational uses including playing fields
and playgrounds.
(5)
Planted areas used for visual screening purposes
and noise control.
(6)
Presently existing structures may be used only
in connection with the open space.
B. Conditional open space uses when approved by Township
Council are as follows. The design of all recreational buildings and
structures must be compatible with the character of the surrounding
area, other open spaces and the development as a whole. An architect's
or landscape architect's analysis of the compatibility of the proposed
design, siting, materials and colors should accompany all applications
for conditional use approval.
(2)
Signs which are accessory to permitted open space uses. Whenever reasonably possible, signs should be placed outside of designated open space areas (also, see Article
XXXII, Signs).
(3)
Boundary fences and walls.
C. Accessory uses:
(1)
No new parking facilities shall be located in
designated open space areas.
(2)
Retail sales of agricultural products, including
those grown or raised on the premises, shall not be located in designated
open space areas.
The following are limitations on land which
can be counted for the purposes of determining compliance with open
space requirements:
A. The surface area of existing bodies of water, areas
with seasonal high water table soils as designated in the soil survey,
utility easements, rights-of-way, buffer areas to be used for permanent
sedimentation and erosion control or stormwater management facilities
shall not be counted.
B. When land with slopes of 15% or more is designated
as open space, only 1/2 of such land may be counted, provided that
only one-quarter of the land with slopes of 25% or more may be counted.
C. When land which is in the floodplain, as described in Article
XXIX, is designated as open space, only one-quarter of such land may be counted.
D. No area within 100 feet of an area used for retail
sales of agricultural products, whether or not grown or raised on
the premises, shall be counted. Such retail uses include all accessory
parking areas.
E. Any parking areas accessory to a noncommercial use
in a designated open space area.
[Amended 8-13-2001 by Ord. No. 615]
The open space designated within a development
area shall not be only left over or otherwise unusable land. Such
open space areas shall be laid out according to sound site design
principles and shall provide appropriate access for residents and
occupants of the development. Open space designated to meet minimum
open space area requirements must meet the following design standards:
A. Minimum contiguous area. A designated open space parcel
shall have a contiguous area of not less than 1/2 acre.
B. Minimum parcel width. An open space parcel shall have
a minimum width of 30 feet at all points and a minimum average width
of 50 feet.
C. Maximum impervious coverage. Not more than 5% of the
total designated open space area shall be covered by impervious surfaces.
D. Minimum setback.
(1)
New property lines shall be located so that
any recreational or historic buildings or existing structures within
the designated open space shall be no less than 50 feet from any lot
line created by the proposed subdivision.
(2)
New structures, including recreational structures,
but not signs, boundary fences, walls, benches, light standards and
landscaping, shall have a setback of at least 100 feet from all property
lines.
E. Minimum active recreational area.
(1)
At least 25% of the required open space shall be designed, improved and maintained for playgrounds, or other active recreational facilities, unless the applicant or developer pays the recreational fee in lieu thereof, in accordance with §
210-40 of Chapter
210, Subdivision and Land Development.
(2)
Areas within a development designated as open
space for recreational use shall be contiguous to the developed area
and not separated from it by existing roads, railroads, or public
ways unless safe pedestrian access can be demonstrated. Whenever practical,
such recreational uses shall be proposed on a single parcel, or minimum
number of parcels, linked by a common means of circulation and access.
(3)
Whenever practical, designated open space shall
be arranged to supplement other designated open space or similar areas
on adjacent properties, either by providing direct contact or some
common means of circulation and access. In open space areas, provision
of pedestrian pathways, to be available for general public use, is
encouraged, where appropriate, in order to create an interconnected
open space network throughout the Township.