These provisions are intended to establish interrelated use
regulations, design and locational criteria, performance standards
and ownership and maintenance requirements applicable to all designated
open space land required under this ordinance. Such land is to be
held for recreational use and for the conservation, preservation or
enhancement of natural and cultural resources and amenities. 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 floodplains and land contiguous
to floodplains.
(2)
Limiting the development of steep and very steep slopes.
(3)
Protecting the quality of existing watercourses, ponds, lakes
and other waterbodies.
(4)
Encouraging the preservation of groundwater resources through
the provision of open space areas for ground water recharge.
(5)
Avoiding the disruption of woodlands and forested areas.
D.
Preserve historic and cultural resources by:
E.
Provide opportunities for greens, plazas or squares, pocket parks,
mini-parks, neighborhood parks, and other civic areas near residential
neighborhoods and other buildings.
F.
Aid in the implementation of the Comprehensive Plan and the attainment
of the goals and objectives articulated therein.
The provisions of this article are particularly applicable to:
Land designated as open space may be used for any of the following
purposes and no other:
A.
Permitted principal uses.
(1)
Conservation uses to preserve woodland and forest areas, lakes,
ponds, streams, floodplains, steep and very steep slopes and other
natural features.
(2)
Passive recreational uses, such as parks, nature trails and
the like.
(3)
Active recreational uses, including playfields and playgrounds.
(4)
Civic areas, including plazas, squares, greens, and other common
open space types.
(5)
Planted areas used for screening purposes and noise control.
B.
Permitted accessory uses.
(1)
Uses customarily incidental to the principal uses permitted
above, unless specified otherwise under conditional uses below.
(2)
Signs which are customarily incidental to the principal uses permitted above in accordance with Article XVI.
(3)
Structures presently existing in the designated open space areas,
provided that they are used only in connection with permitted open
space uses.
When computing areas for open space for the purposes of determining
compliance with this ordinance, the following shall apply:
A.
When land within the Steep Slope Conservation District with steep
and very steep slopes is designated as open space, only 1/2 of such
land may be counted toward the required open space.
B.
When land which is in the Flood Hazard District is designated as
open space, only 1/2 of such land may be counted toward the required
open space.
C.
None of the following shall be counted as open space: roads, parking
areas, proposed utility easements and rights-of-way, permanent soil
erosion and sedimentation control facilities and areas, stormwater
management facilities and areas, areas or facilities for sewage disposal
or water supply and any on-ground or aboveground utilities.
Locational criteria. Land designated for open space must be
suitable for the proposed open space use. The location and proposed
use of land to be designated to meet open space requirements must
be shown on preliminary and final subdivision and land development
plans. In planning a development, land with the following characteristics
shall be given a high priority for designation as open space or a
part thereof:
A.
Land within and contiguous to the Flood Hazard District.
B.
Areas of steep slope and very steep slope within the Steep Slope
Conservation District.
C.
Woodlands and forested areas.
D.
Surface water resources, such as lakes, ponds, streams and springs
and lands surrounding such resources.
E.
Historic and cultural sites and structures and land characterized
by the presence of the following:
(1)
Residential, institutional, industrial and other structures
or sites on or candidates for the National Register of Historic Places,
the Pennsylvania Inventory of Historic Places or the Historic American
Building Survey.
(2)
Sites and/or structures which may be identified as being historically
or culturally significant in the Comprehensive Plan.
F.
Lands to be used and maintained as buffers for screening purposes,
noise control and other safeguards.
G.
Lands presently used for various passive or active recreational and
civic purposes and land surrounding such areas.
A.
Minimum contiguous area. Any land parcel designated as open space shall have a contiguous area of not less than 1/2 acre, except where such open space is within the TND-5 Overlay District, in which case, areas for common open space types are set forth in § 143-90 and the Manual of Written and Graphic Design Guidelines.[1]
[1]
Editor's Note: Said manual is included at the end of this
chapter as Exhibit A.
B.
Minimum parcel width. The configuration of any parcel of open space shall provide for a minimum width of 50 feet, except where such open space is within the TND-5 Overlay District, in which case, areas for common open space types are set forth in § 143-90 and the Manual of Written and Graphic Design Guidelines.
C.
Maximum impervious surface coverage. Not more than 5% of the total
area of designated open space shall be covered by impervious surfaces
and not more than 1/2 of any individual parcel of open space shall
be covered by impervious surface, including buildings.
D.
Minimum setback.
(1)
Any buildings within the designated open space shall be located
no less than 100 feet from the perimeter property lines and no less
than 50 feet from any new lot line created within a tract, unless
otherwise permitted in another section of the Ordinances of Springfield
Township.
(2)
Any structures within the designated open space shall be located
no less than 50 feet from the perimeter property lines and no less
than 25 feet from any new lot line created within a tract, except
for signs, boundary fences, walls, benches, light standards and landscaping,
unless otherwise permitted in another section of the Ordinances of
Springfield Township.
E.
Area configuration.
(1)
The open space designated within a development area shall not be merely left over or unusable land. It shall be designed in accordance with § 123-40 of the Subdivision and Land Development Ordinance and laid out to the satisfaction of the Board of Commissioners according to sound site design principles, providing a maximum of accessibility to the residents of a development.
(2)
The open space land shall be usable for active and passive recreation.
However, at least 25% of the required open space shall be designed,
constructed and maintained for playgrounds or other active recreational
facilities.
(3)
Whenever possible and practical, the open space designated within
a development shall be arranged so as to encompass a single land parcel
or minimum number of parcels, linked by a common means of circulation
and access, and, it shall be contiguous to the developed area and
not separated from it by existing roads unless safe pedestrian access
can be demonstrated.
(4)
Whenever possible and practical, the designated open space shall
be arranged to maintain contiguity with other designated open space
areas or similar areas on adjacent lands, either by direct contact
or some common means of circulation and access.
A.
There shall be provisions which ensure that the open space shall
continue as such and be properly maintained. Any of the following
methods and no other may be used, either individually or together,
to preserve, own and maintain open space:
B.
The following specific requirements are associated with each of the
various methods:
(1)
Fee simple dedication. The Township may, but shall not be required
to, accept an offer of a deed of dedication, provided that:
(2)
Homeowners association. The establishment of a nonprofit homeowners
association which may dedicate an easement for public use of the open
space land. The Board of Commissioners may, but shall not be required
to, accept such easement, unless a satisfactory agreement is reached
concerning the scope of public use and the future maintenance of the
easement.
(3)
Condominium agreement. The open space may be controlled through
the use of condominium agreements. Such agreements shall be in conformance
with the Unit Property Act of 1963.[1] All open space land shall be held as common element.
[1]
Editor's Note: The Unit Property Act of 1963 was repealed
7-2-1980 (P.L. 286, No. 82). See now the Uniform Condominium Act,
68 Pa.C.S.A. § 3101 et seq.
(4)
Dedication of easements. The Township may, but shall not be
required to, accept easements for public use of any portion of open
space land, the title of which is to remain in the ownership of the
condominium or homeowners association, provided that:
(5)
Transfer to a private conservation organization. With permission
of the Board of Commissioners, the landowner or developer may transfer
either the fee simple title with appropriate deed restrictions running
in favor of the Township or the development rights or easements to
a private, nonprofit organization among whose purposes is to conserve
open space land, provided, that:
(a)
The organization is acceptable to the Board of Commissioners
and is a bona fide conservation organization with perpetual existence.
(b)
The organization is chartered under the laws of the Commonwealth
of Pennsylvania to administer deed restrictions limiting eventual
disposition of such property for the purposes stated in their articles
of incorporation.
(c)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue to function.
(d)
A maintenance agreement acceptable to the Board of Commissioners
is entered into by the landowner or developer and the organization.
(6)
Deed restrictions. The inclusion of a portion of open space
property in a deed restriction of the individual purchasers of lots,
provided that:
(a)
A deed restriction acceptable to the Board of Commissioners
is created, limiting eventual use of those portions of the property
to be used for the purpose outlined in a plan submitted to the Board
of Commissioners.
(b)
Access rights for all residents within any subdivision or land
development shall be guaranteed through an agreement for same.
(c)
A maintenance agreement acceptable to the Board of Commissioners
is entered into by the individual purchasers of lots.
(7)
In the event of any proposed transfer of open space within the
methods permitted in this section or of the assumption of maintenance
of open space land by the Township as hereinafter provided, notice
of such action shall be given to all affected property owners.
C.
If a homeowners association is formed, it shall be governed according
to the following regulations:
(1)
The landowner or developer shall provide the Board of Commissioners
with a description of the organization, including its bylaws and methods
for maintaining open space, which shall be acceptable to the Township
Solicitor.
(2)
The organization is to be organized by the landowner or developer
and operating with financial subsidization by the landowner or developer,
if necessary, before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers
of dwelling units therein and their successors.
(4)
The members of the organization shall share equitably the costs
of maintaining and developing open space, in accordance with procedures
established by them. If a member fails to pay his pro rata share,
then a lien against an individual property may be made in accordance
with the provisions for same in the bylaws of the organization.
(5)
The organization shall be responsible for maintenance of and
insurance and taxes on open space.
(6)
The organization shall have or hire adequate staff to administer
common facilities and maintain the open space to the satisfaction
of the Board of Commissioners.
D.
In the event that the organization established to own and maintain
open space or any successor organization shall at any time after designation
fail to maintain the open space in reasonable order and condition
in accordance with any and all approved plans, the Township may serve
written notice upon such organization or upon the residents and owners,
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 30
days thereof and shall state the date and place of a hearing thereon,
which shall be held within 14 days of the notice.
(1)
At such hearing the Board of Commissioners may modify the terms
of the original notice as to the deficiencies and may give an extension
of the time within which they shall be cured. If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be cured within said 30 days or any extension thereof, the Township,
in order to preserve the taxable values of the properties and to prevent
the open space from becoming a public nuisance, may enter upon said
open space and maintain the same for a period of one year, at the
expense of the organization. The cost of any such maintenance shall
be borne by the owners of lots within the development from which the
open space was derived. Said entry and maintenance shall not vest
in the public any rights to use the open space, except when the same
is voluntarily dedicated to the public by the residents and owners.
(2)
Before the expiration of said year, the Board of Commissioners
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space, call
a public hearing, upon notice to such organization or to the residents
and owners of the project, to show cause why such maintenance by the
Township shall not, at the election of the Township, continue for
a succeeding year. If the Township shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Township shall cease to maintain said open space at the end of
the said year. If the Township shall determine such organization is
not ready and able to maintain said open space in a reasonable condition,
the Township may, in its discretion, continue to maintain said open
space during the next succeeding year and subject to a similar hearing
and determination in each year thereafter. The decision of the Township
in any such case shall constitute a full administrative decision subject
to judicial review at the expense of the homeowners association.
(3)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the project that have a right
of enjoyment of the open space and shall become a municipal lien on
said properties. The Township, at the time of entering upon said open
space for the purpose of maintenance, shall file a notice of such
lien in the Office of Judicial Support of Delaware County upon the
properties affected.
E.
The landowner of any subdivision or land development which is proposed
to contain open space or common open space shall arrange with the
Delaware County Board of Assessment, when applicable, a method of
assessment of the open space which will allocate to each tax parcel
in the development a share of the total assessment for such open space.
Where this alternative is to be utilized, the method of allocation
shall be approved by the Board of Commissioners.
