[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.
A.
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.
B.
The Board shall have power to adopt rules and regulations
for the conduct of the business of the Board.
C.
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.
