The provisions of this article are intended to provide regulations for the use and development of land which is required to be set aside in new subdivisions or land developments pursuant to the requirements of the various districts contained in Chapter
182, Zoning, of the Code of the Township of Upper Providence. It is also the purpose of this article to provide regulations for the payment of a fee in lieu of the provision of land and facilities in appropriate situations. Further, it is the specific intent of this article to:
A. Implement the findings and recommendations of any park master plans
or other guiding documents used as reference by the Upper Providence
Township Recreation Department.
B. Implement the findings and recommendations of the most recently adopted
Open Plan for Upper Providence Township, Montgomery County, PA (Draft).
C. Implement the findings and recommendations of the Comprehensive Plan
Update for the Township, as amended, and pursuant to the authorization
by Section 302 of the Pennsylvania Municipalities Planning Code.
D. Preserve open space to protect the environmental, scenic, historical
and cultural features of the Township.
E. Preserve adequate usable open space which will allow areas for active
recreation for Township residents.
F. Provide a variety and balance of facilities which can meet the various
recreational needs of the residents, businesses and industry.
G. Develop a system of facilities which can deliver recreation services
effectively and efficiently.
H. Provide equitable and convenient accessibility to recreation facilities.
I. Support community development and stability by providing recreation
sites and open space.
The following criteria shall be used in determining if proposed
open space or recreation spaces incorporated in a land development
proposal are acceptable as lands to be set aside.
A. An open space area(s) shall be developed to complement and enhance
the man-made environment. In the selection of the location of such
areas, consideration shall be given to the preservation of natural
and man-made features which will enhance the attractiveness and value
of the remainder of the property to be subdivided or developed. Such
features are floodplains, including streams and ponds; wetlands; slopes
equal to or greater than 15%; mature, permanent vegetation; an exceptional
view; cultural and historical amenities; and other community assets
as determined by the Board of Supervisors.
B. Said area(s) shall be at a location conveniently accessible to the
residents or employees to be served.
C. Said area(s) shall be located and designed so that it does not become
a barrier to the handicapped, aged or people with baby strollers.
D. Said area(s) specifically designated for open space shall be fully
usable and suitable for that purpose and shall have all improvements
required by this chapter.
E. The size and shape of said areas shall be such as to be usable for
passive and/or active recreation.
F. Said area(s) shall comprise a single parcel of land, except where
the Board of Supervisors concurs that the creation of two or more
parcels would be in the public interest and determines that, where
feasible, a connecting path or strip of land is in the public interest.
G. Safe and easy access to said open space area(s) shall be provided either by adjoining public road frontage, public easements or paths and/or sidewalks. At the discretion of the Board of Supervisors, an open space area(s) may be permitted to cross a public road if specific circumstances related to the location of natural features, site layout and/or intended use of the open space so dictate. The Parks and Recreation Committee and Planning Commission shall make specific recommendations to the Board concerning any proposed road crossing in their review pursuant to §
154-40.4D herein.
H. Said area(s) shall be easily accessible to essential utilities such
as water, sewage and electric power, to the greatest extent practical.
I. Said area(s) shall be free of fuel, electric power and other transmission
lines, whether underground or overhead, except where these may provide
opportunities for trails and/or connections to other open space lands.
J. Said area(s) shall be free of all structures, except those related to outdoor recreational use. Should any existing structure(s) be located in an area(s) proposed for open space, the applicant shall demonstrate how said structure(s) will be used in connection with their plans for recreational activities for the site, as required in §
154-40.4D herein.
K. Steep slopes, streams, lakes, watercourses, ponds, wetlands and floodplains
may comprise no more than 40% of the open space land requirement.
In all instances, a minimum of 60% of the open space land requirement
shall be suitable for dry ground recreational use. Fifty percent of
the dry ground recreational use area shall not exceed 2% finished
grade; the Board of Supervisors may agree to waive this requirement
in cases of exceptional topography, watercourses and tree coverage.
L. The location, form, overall design and use of the required open space
area(s) shall be as approved by the Board of Supervisors.
(1)
At the discretion of the Board of Supervisors, a portion(s)
of the open space may be permitted on abutting land which has a different
zoning classification than the development which it serves, if it
forms an integral part of the open space for the development or for
the Township's overall open space network.
M. Areas defined as open space or recreation sites shall not include
areas less than 45 feet in width or land area within 10 feet of any
building, community facility, or other accessory use.
N. Areas defined as open space or recreation sites shall have a minimum
of 25 feet of street frontage.
O. Areas defined as open space or recreation sites shall not contain
stormwater management facilities, unless those facilities are directly
related to a recreation use.
P. The areas set aside for open space or recreation shall be reasonably
accessible to the residents or employees, as applicable.