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Township of Nether Providence, PA
Delaware County
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[Added 3-11-1993 by Ord. No. 582[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. XIII, R-5c Multiple Dwelling Districts, added 12-19-1974 by Ord. No. 463.
The provisions of this Article XIII are designed to:
A. 
Protect and preserve the natural, scenic and historic values in the environment.
B. 
Protect and preserve parks, open space and recreational areas.
C. 
Preserve natural environmental resources and maintain ecological stability.
D. 
Provide for necessary active and passive recreational areas to complement existing open space and recreational uses.
E. 
Aid in the implementation of the Township Comprehensive Plan and the attainment of its goals, objectives and strategies.
F. 
Aid in the implementation of the Township Open Space and Recreation Plan and the attainment of its goals, objectives and strategies (approved and adopted February 8, 1990).
Land designated as open space preservation may be used for any of the following purposes and no other:
A. 
Permitted principal open space uses.
(1) 
Conservation uses including woodland and other natural areas such as grassland, marshes, lakes, ponds, streams and floodplains.
(2) 
Passive recreational uses such as parks and natural trails.
(3) 
Active recreational uses including playing fields and playgrounds, provided that such are located so as to not impact areas of very steep slopes (in excess of 25%) and wetlands.
(4) 
Bridges.
(5) 
Recreational structures. The design of all recreational buildings and structures must be compatible with the character of the surrounding area and other open spaces. An architect's or landscape architect's analysis of the compatibility of the proposed design, siting, materials and colors must accompany all applications for use approval.
(6) 
Planted areas used for visual screening purposes and noise control.
(7) 
Presently existing structures may be used only in connection with the open space.
B. 
Accessory uses.
(1) 
Motor vehicle parking facilities, with the use thereof limited to the users of the open space.
(2) 
Signs which are accessory to permitted open space uses. Whenever reasonably possible, signs are to be placed outside of designated open space areas.
(3) 
Boundary fences and walls.
Open space areas shall be laid out according to sound site design principles and shall provide appropriate access for Township residents and other prospective users.
A. 
Minimum contiguous area. A designated open space parcel shall have a contiguous area of not less than five acres.
B. 
Maximum impervious coverage. Not more than 2% of the total open space area shall be covered by impervious surfaces.
C. 
Minimum setback. 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.
D. 
Pedestrian pathways and bikeways. In open space areas, provision of pedestrian pathways and bikeways, to be available for general public use, is encouraged, where appropriate, in order to create an interconnected open space network throughout the Township.
E. 
Protection of natural site features.
(1) 
Recreational buildings and structures shall not be located upon land within the floodplain, or upon land subject to flooding, or within a wetlands delineation area, validated by the United States Army Corps of Engineers, or upon steep (fifteen-percent to twenty-five-percent) or very steep (twenty-five-percent-plus) slopes.
(2) 
Important visual qualities of the site shall, to the maximum extent feasible, be retained and not disturbed. In addition to vegetation, these include hilltops/ridgelines, rock outcroppings and the natural terrain and contours of the site.
(3) 
Disruption of any existing woodlands shall be limited:
(a) 
Tree masses and notable trees (12 inches caliper or greater) shall be preserved to the maximum extent possible. All structures should be located within a building area in such a manner as to minimize damage to vegetation. Existing open areas should be developed instead of wooded areas. Areas in which trees are retained should remain undisturbed out to the canopy dripline and at the original grade level. Canopy driplines shall be the outer circumference of branches plumb to the ground level.
(b) 
Notable trees should not be removed unless they are located: within the proposed cartway or sidewalk portion of a street right-of-way; within 15 feet of the foundation area of a new building; within a utility easement; within a proposed parking area; or within an area where regrading is necessary to achieve land development which may endanger the trees. Removal of notable trees shall require the express written approval of the Nether Providence and Environmental Advisory Committee and the Park Commission.
[Amended 12-10-1998 by Ord. No. 630]
The designated open space areas shall be restricted as to their use as herein provided and will be appropriately maintained in perpetuity. The owner of the open space shall be clearly identified, and in the event that the land or any portion thereof is owned at any time by a person or entity other than the County of Delaware or the Township of Nether Providence, the owner shall also comply with the following:
A. 
Restriction of open space use may be by any one or combination of one or more of the following methods, as selected by the Township:
(1) 
Fee simple dedication.
(2) 
Dedication by easement.
(3) 
Transfer to a private conservation organization acceptable to the Township.
B. 
Maintenance in perpetuity, at no cost to the Township, shall be by appropriate written agreement, secured by posted financial security in a form approved by the Township.