[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 10-6-1969 by Ord. No. 57. Amendments noted where applicable.]
There is hereby created a Park and Recreation Board for Franconia Township, to be known as the "Franconia Township Park and Recreation Board," hereinafter referred to as the "Board."
[Amended 11-10-1997 by Ord. No. 259]
The Board shall consist of five or seven members as from time to time established by resolution of the Board of Supervisors. The members shall be appointed by the Board of Supervisors and shall serve for a term of five years or until their successors are appointed. Appointment of the members shall be made so that terms of not more than two members expire annually. Members of the Board shall serve without pay. All persons appointed shall serve their full terms unless voluntarily resigned or removed by the Township Board of Supervisors for dereliction or neglect of duty. Vacancies on the Board occurring otherwise than by expiration of a term shall be for the unexpired term and shall be filled in the same manner as the original appointments.
The members of the Board shall elect their own Chairman and Secretary and select all other necessary officers to serve for a period of one year.
The Board shall have power to adopt rules and regulations for the conduct of the business of the Board.
It shall be the duty of the Board to submit an annual report to the Township Board of Supervisors, including an analysis of the community recreation areas, facilities and leadership, with particular reference to the extent and adequacy of the program and its effectiveness in view of the public expenditure involved and the public needs to be met.
It shall be the duty of the Board to designate land as public ground for use as open space, parks, recreation areas and recreation facilities. The Board shall recommend to the Township Board of Supervisors acquisition of lands or buildings for such purposes in Franconia Township and shall further recommend the equipment and facilities for use upon the public grounds so designated. Upon recommendation of the Board, the Township Board of Supervisors may acquire public grounds or buildings for such purposes by gift or purchase or may lease public grounds or buildings in Franconia Township for temporary use for such purposes.
Upon approval of the Township Board of Supervisors, the Board shall be authorized to equip, supervise and maintain public grounds for parks, recreation areas and facilities and to conduct recreation programs. For the purpose of carrying out the provisions of this chapter, the Township Board of Supervisors may employ play leaders, recreation directors, supervisors, superintendents or any other officers or employees as may be deemed necessary by the Board. The Board shall establish standards, qualifications and salary schedules, to be approved by the Township Board of Supervisors, for all classifications of recreation employees.
All expenses incurred in the acquisition and operation of public grounds for open space, parks, recreation areas and facilities shall be payable from the general township fund, and the Township Board of Supervisors may annually appropriate an amount necessary for carrying out the acquisition and operation of such public grounds.
The Board shall prepare a general plan of public grounds for use as open space, parks, recreation areas and facilities within Franconia Township. Such plan shall be referred to the Franconia Township Planning Commission for review and approval. The plan of public grounds shall, when approved by said commission, be recommended to the Township Board of Supervisors for adoption as part of the Official Map for Franconia Township.
After adoption of the public grounds as part of the Official Map for Franconia Township, no permit shall be issued for any building within the public ground shown or laid out on the official maps. No person shall recover any damages for the taking for public use of any building or improvement constructed within the public grounds so designated after the same shall have been included in the Official Map for Franconia Township; and any such building or improvement shall be removed at the expense of the owner. However, when the property, of which the reserved location forms a part, cannot yield a reasonable return to the owner unless a permit shall be granted, the owner may apply to the Township Board of Supervisors for the grant of a permit to so build. Before granting any permit authorized in this section, the Township Board of Supervisors shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard. A refusal by the Township Board of Supervisors to grant the permit applied for may be appealed by the owner to court as provided by law.
The public ground shown or laid out on the Official Map for Franconia Township shall be deemed reserved for future taking or acquisition for public use for a period of 25 years from the date of adoption of the public grounds portion of said Official Map. However, the reservation for public grounds shall lapse and become void one year after an owner of such property has submitted a written notice to the Township Board of Supervisors announcing his intention to build, subdivide or otherwise develop the land covered by the reservation or has made formal application for an official permit to build a structure for private use, unless the Township Board of Supervisors shall have acquired the property or begun condemnation proceeding to acquire such property before the end of the one-year period.
The Board is hereby designated to negotiate with the owner of land whereon reservations are made, as provided in § 20-9 of this chapter, releases of claims for damages or compensation for such reservations or agreements indemnifying Franconia Township from such claims by others, which releases or agreements when properly executed by the Township Board of Supervisors and the owners and recorded shall be binding upon the successors in title to such land.