Part 1 OPEN SPACE AND RECREATION AREA RULES AND REGULATIONS
Part 2 STANDARDS FOR DEDICATION OF PARK AND RECREATION AREAS AND/OR ESTABLISHING FEES IN LIEU OF DEDICATION
[Ord. 94-6, 10/24/1994, § 1]
This part shall be known as the "New Hanover Township Park, Open Space and Recreation Area Rules and Regulations Ordinance."
[Ord. 94-6, 10/24/1994, § 2]
This part shall regulate the activities of individuals and persons in any park, open space or recreation area owned and operated by New Hanover Township.
[Ord. 94-6, 10/24/1994, § 3]
The park, open space and recreation area shall be open from sunrise to sunset except for such activities and/or events which are specifically permitted in writing by the Board of Supervisors or Township Manager upon application thereto. Camping and fires will be permitted in designated areas by permit only. All reservations and permits will be issued by the Township Manager and a registration fee will be required to insure proper use and care of park property. This fee will be returned provided areas used are found in proper condition at the conclusion of the event or activity. In addition a deposit in an amount as established from time to time by resolution of the Board of Supervisors will be charged for keys to any gates, structures or locked facilities, which deposit will be returned when the keys have been returned to the Township Office.
[Ord. 94-6, 10/24/1994, § 4]
All persons or individuals visiting or using the park, open space or recreation area facilities shall act to protect and, wherever possible, preserve wildlife and natural materials in the park, open space or recreation area. To accomplish this end, the following is prohibited:
No person or individual visiting or using the park, open space or recreation area shall injure, deface, climb, mutilate, pull up, remove, harvest, cut or destroy any vegetation, whether tree, plant, brush, shrub, vine, fern, flower or fruit.
No person or individual visiting or using the park, open space or recreation area shall hunt, trap, chase, capture, injure or molest in any manner whatsoever wildlife of any kind or disturb the nest or eggs of birds, fish or homes of animals.
[Ord. 94-6, 10/24/1996, § 5]
The possession or discharge of any firearm (as that term is defined in the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.), bow and arrow, air gun, sling shot, firecracker, firework, missile propelling instrument, explosive, knife or any other weapon within the limits of the park, open space or recreation area is prohibited; police officers in the performance of their duties will be exempt from this provision.
[Ord. 94-6, 10/24/1994, § 6]
The possession and/or use of alcoholic beverages or illegal drugs within the park is prohibited. No person or individual shall drink or possess beer, wine or intoxicating beverages of any kind in the park, open space or recreation area. No person or individual shall enter the park in an intoxicated state or be otherwise under the influence of alcohol or illegal drugs while visiting or using the park, open space or recreation area.
No person or individual shall enter the park, open space or recreation area in an intoxicated state or otherwise be under the influence of alcohol or illegal drugs while visiting or using the park, open space or recreation areas.
No person or individual shall gamble or engage in any gambling activities or use threatening, abusive, insulting or indecent language or gestures, fight or commit disorderly or immoral conduct of any kind while visiting or using the park, open space or recreation areas.
[Ord. 94-6, 10/24/1994, § 7]
Dumping, discarding or disposal of rubbish, trash, garbage, refuse or littering of any kind, except in approved containers, collected or placed by the Township of New Hanover, is forbidden and violators will be prosecuted to the fullest extent of the law.
[Ord. 94-6, 10/24/1994, § 8]
It shall be unlawful and a violation of this part for any person or individual to remove, deface, mutilate, mistreat, abuse, destroy, mark, write or paint upon anything in the park, open space or recreation area, whether natural or man-made.
[Ord. 94-6, 10/24/1994, § 9]
Use or operation of motor operated vehicles in the park, open space or recreation areas is prohibited except in designated parking areas during the normal hours the parking lots are open. All terrain vehicles, snowmobiles, mini-bikes and recreation vehicles are prohibited anywhere in the park, open space or recreation area including parking lots.
[Ord. 94-6, 10/24/1994, § 10]
Groups, individuals or persons with reservations approved by the Township offices shall have the sole use of any designated reserved area for the duration of the reservation.
[Ord. 94-6, 10/24/1994, § 11]
Any basketball courts, tennis courts or other specifically designed recreation facilities located in the park, open space or recreation areas are for use by the public provided the following requirements are met:
Sneakers or other proper tennis shoes must be worn in the courts at all times.
All other park regulations shall apply to the basketball courts and tennis courts as well.
The courts must be vacated after one hour's use when other persons are waiting to use the courts.
At no time shall other games or activities take place on the basketball or tennis courts.
Climbing of any of the fences surrounding the courts, the park, open space or recreation areas is prohibited.
Smoking within the fenced areas is prohibited.
No person or individual shall permit, allow or admit animals within the fenced areas.
[Ord. 94-6, 10/24/1994, § 12]
To the extent that any ice rink or area to provide an ice surface is located within the park, open space or recreation area it is for use by the public provided the following requirements are met:
Signs will be posted designating that the rink or area flooded for ice surfaces are open for skating and skating can occur only when the area is so posted. Failure to heed such designations shall be considered a violation of this part.
Scheduled hours, as may be so established, shall be posted for public skating and no person or individual may enter onto, use or otherwise occupy the rink or area flooded for ice surfaces except during those posted hours.
All park, open space and recreation area regulations as enacted herein or adopted by amendment hereto shall apply to the use of the rink and parking area or other areas flooded for ice surfaces.
No person or individual shall permit, allow or introduce animals into or on the ice rink or areas flooded for ice surfaces at any time.
[Ord. 94-6, 10/24/1994, § 13]
Pet shall not be permitted in the park at any time.
[Ord. 94-6, 10/24/1994, § 14]
The Recreation Committee is authorized to establish such additional rules, regulations and restrictions as may be deemed necessary, from time to time, with the approval of the Board of Supervisors of New Hanover Township, which rules, regulations and restrictions shall, upon posting, be enforceable as part of this part with violations thereof punishable as hereinafter provided.
[Ord. 94-6, 10/24/1994, § 15]
Areas or facilities within the park, open space or recreation areas which become hazardous for public use due to weather, water, fire or other natural or unforeseeable conditions may be closed and public access thereto prohibited at the discretion of the Recreation Committee or the Board of Supervisors of New Hanover Township. Entry of any person or individual onto, in or about such designated area or areas within the park, open space or recreational areas shall be prohibited and shall constitute a trespass on property owned by the Township and may be punishable under the terms of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.
[Ord. 94-6, 10/24/1994, § 16; as amended by Ord. 97-7, 10/13/1997, § 16-116; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
[Ord. 94-6, 10/24/1994, § 17]
The police officers of the Township of New Hanover or other duly appointed official as may be hereinafter designated by the Board of Supervisors from time to time by resolution are charged with the enforcement of the provisions of this part and of the rules, regulations or restriction as may be promulgated by the Recreation Committee.
Part 2: STANDARDS FOR DEDICATION OF PARK AND RECREATION AREAS AND/OR ESTABLISHING FEES IN LIEU OF DEDICATION
[See also, § 27-1605, Fee in Lieu of Recreation Land.]
[Ord. 97-4, 8/11/1997, § 1]
All applicants, excepting only those seeking approval of a subdivision which would consist of two or less single-family residential units which shall submit and tender to the Township a fixed fee of $500 for each of the two single-family residential units, shall, concurrent with the submission of a final plan of subdivision or land development offer for dedication a portion of the land being subdivided or developed, as hereinafter set forth, as public recreation area.
Such public recreation area shall provide adequate open space and recreation land and facilities in accordance with the standards herein set forth in § 16-202 accessible to such subdivisions or developments.
Such recreation area shall not be part of any lot, but it shall be dedicated to the Township in fee simple title or, in the sole discretion of the Board of Supervisors, to the extent that the same is intended to be developed as part of the trail and bikeway system of the Township, it shall be dedicated to the Township as a right-of-way or easement to be perpetually maintained for the purposes intended with full access and used by the general public constituting the residents, constituents, and the invitees of the Township, the documentation for which shall be submitted to and subject to the approval of the Board of Supervisors of New Hanover Township and its Solicitor and in the case of a right-of-way or easement for public use and access, the plan shall provide that the said defined right-of-way or easement is to be used and occupied exclusively as park, open space, and recreation area, and is not to be the subject of further disturbance, subdivision, or construction of any building structures, land development and that the document establishing and title to the same shall contain language that said defined right-of-way or easement is not subject to further disturbance, subdivision, or construction of any building, structure, or land development as a condition running with title to the land and the same shall be maintained in a manner open to the general public constituting the constituents, residents, and invitees of the Township.
All areas dedicated under the provisions of this section shall be consistent with the specific goals, objectives, plans, and recommendations of the Township Comprehensive Plan and the Township Open Space, Parks and/or Recreation Plan and are to be in accordance with the definite principles and standards contained in Chapter 22, Subdivision and Land Development.
In lieu of land dedicated for recreation purposes, a fee may be paid, as hereinafter set forth in § 16-203.
The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by future residents, occupants, employees, or visitors to the subdivisions or land developments.
[Ord. 97-4, 8/11/1997, § 2]
Any land dedicated to the Township in fee simple title shall be used only for park, recreation, or open space purposes and shall be available to all residents of the Township, subject to such regulations and rules as may be recommended by the New Hanover Township Parks and Recreation Board and/or adopted by the Board of Supervisors of New Hanover Township.
The land to be dedicated shall have size, dimensions, topography, access, and general character suitable for its proposed recreational use, as determined by the Board of Supervisors, in conjunction with the Township Park and Recreation Board and the Township Planning Commission. Any land not suitable for active or passive recreation shall not be accepted as dedicated land; this includes areas within stormwater basins that could not be used for recreation.
Consideration shall be given to preserving natural features, including rocks and rock outcrops large trees and tree stands, watercourses, margin areas, historic structures and areas, and other community assets that would enhance the value and aesthetic qualities of the development.
The land shall be easily and safely accessible from all residential or occupied areas within the development or the general area to be served, and it shall have road frontage or, subject to the sole discretion of the Board of Supervisors, suitable access, ingress, and egress from a public roadway for maintenance purposes.
The land shall be contiguous and regular in shape, where possible and practical.
The Board of Supervisors, may at its discretion, require that land to be dedicated be located along a property boundary so that such land may be combined with dedicated land or other recreation areas that are or will be adjacent to the land to be dedicated.
The land shall be located on soils suitable for use and development as a recreation area.
No more than 25% of the land shall have a slope in excess of 7%.
No more than 25% of the land shall be within floodplain, hydric soil overlay, or wetland areas.
The land shall be accessible to all necessary utilities.
The land shall be designed and developed for its intended open space, park, or recreation use in accordance with the recommendations for such as contained in the National Recreation and Park Association's Recreation Park and Open Space Standards and Guidelines, 1983, as amended.
Such area or land as is dedicated or intended to be used and developed as and to be incorporated in the trail and bikeway system for the Township, by means of a grant of right-of-way or easement to the Township shall be consistent in location, design, dimensions, topography, and route as is consistent with that approved and recommended by the New Hanover Board of Supervisors and the Township Park and Recreation Board for such uses and purposes and shall include a minimum of 0.0372 acres of land for each residential lot, dwelling unit, or combination thereof, excluding only those subdivisions comprised of two or less tracts or parcels of real estate for single-family detached residential development which have not been the subject of prior subdivisions or land development submissions (consisting in total of two or less tracts or parcels of real estate) and a minimum of 0.03 acres of land shall be offered for dedication for each 1,000 square feet of building, structure, or improvement proposed for any nonresidential land development plan.
Grants of rights-of-way or easements, intended to be used and developed as and to be incorporated in the trail and bikeway system for the Township shall be not less than 20 feet wide and not more than 30 feet wide at any point along the length of said trail and shall include an additional twenty-foot wide construction easement along the length of said trail which shall automatically terminate upon the completion of construction of the same and shall be consistent with the location, topography, and route of the Township trail and bikeway system providing for interconnection of the various components throughout the Township.
A minimum of 0.0124 acres of land shall be offered for dedication in fee simple title for each residential lot, dwelling unit, or combination thereof, excluding only those subdivisions comprised of two or less tracts or parcels of real estate for single family detached residential development which have not been the subject of prior subdivisions or land development submissions (consisting in total of two or less tracts or parcels of real estate) and a minimum of 0.01 acres of land shall be offered for dedication for each 1,000 square feet of building, structure, or improvement proposed for any nonresidential land development plan.
Except for rights-of-way or easements as hereinbefore provided in Subsections 12 and 13 with reference to the trail and bikeway system, no contiguous area of land shall be considered for dedication in fee simple title if it is less than 0.5 acres, and in no event shall the area proposed for dedication in fee simple title be less than 100 feet in width and the Board of Supervisors shall have the sole discretion not to approve or accept any area of land if it determines that the contiguous area of the same is insufficient to adequately serve as or provide park and recreation area.
When land is dedicated, acceptance by the Township shall be by means of a signed resolution and a signed deed of dedication executed by the property owner transferring title in fee simple to the Township or by grant of a right-of-way and easement to the Township, to which a property description of the dedicated area shall be attached in a form acceptable to and approved by the Township Solicitor. Subject to the submission of documentation to the Board of Supervisors for its approval and except as provided with regard to easements or rights-of-way for the trails and bikeway system, a fee simple warranty deed conveying the property shall be delivered to the Township with title free and clear of all liens, encumbrances, and conditions, other than nonexclusive public utility easements.
[Ord. 97-4, 8/11/1997, § 3; as amended by Ord. 17-03, 3/27/2017]
Subject to the discretion of the Board of Supervisors, payment of a fee in lieu of land dedication shall be required (A) where land dedication would result in open space or recreation areas too small to be usable, (B) if the Township Comprehensive Plan or the Township Open Space, Parks, and Recreation Plan recommends recreation land be provided elsewhere, or (C) if a suitable site for recreation cannot be located within the development.
The applicant shall tender to the Township prior to or concurrent with final plan approval a fee in lieu of dedication calculated in an amount equal to $75,000 per acre if the plan is situate in the HI-Heavy Industrial, LI-Light Industrial, CB-1 Commercial Business 1, or CB-2 Commercial Business 2 Zoning Districts, $55,000 per acre if the plan is situate in the R-15/Residential 15 or R-25/Residential 25 Zoning Districts, or $35,000 per acre if the plan is situate in the R2M Residential 2M or R-2/Residential 2 Zoning Districts, or in proportionate rate for any portion thereof, as hereinbefore required to be dedicated in fee simple title or an amount equal to one-third the value hereinbefore assigned per acre, or any portion thereof, in each zoning district, as hereinbefore required to be subject to a grant of right-of-way or easement with regard to each such subdivision or land development.
All fees paid in lieu of land dedication shall be used only for (A) the acquisition of land for parks, recreation areas, facilities, open space, and trails or bikeways as component additions to the New Hanover Township system, (B) the construction of improvements on such land, and (C) costs incidental to such purposes including, but not limited to, planning, engineering, design, administrative and legal fees, utility relocation or installation, construction of sewage or water facilities, vehicular and pedestrian access, signage, and the purchase of park equipment and maintenance.
All fees paid to the Township shall be deposited in a separate interest-bearing account established for such fees, the records for which shall clearly identify the specific subdivision/land development sites for which such fees have been received. Interest earned on such fees shall become funds of that account and be subject to distribution or expenditure for any and all costs and expenses hereinbefore identified. Funds from such accounts shall be expended only in properly allocable portions of the costs incurred to acquire, construct, or improve such specific, identifiable, and/or proposed recreation facilities for which such funds have or may hereafter be collected.
If the Township fails to use the fees collected from a particular applicant in accordance with this section within three years of the date such fees were paid the specific applicant may submit a written request, on such forms as are established by the Township, for the refund of such fees, plus interest that accumulated thereon from the date of fee payment, which request shall be reviewed and acted upon by the Board of Supervisors of New Hanover Township within 45 days of the date of receipt.
[Ord. 97-4, 8/11/1997, § 4]
The Township may accept a combination of land dedication in fee simple title, grants of rights-of-way and easements, and fees in lieu of land in order to meet the requirements and standards of the New Hanover Township Open Space Park and Recreation Plan, or such additional plans and designs as may be approved for the Township trail and bikeway system. Such combination shall be subject to the review and approval of the Board of Supervisors of New Hanover Township at its sole discretion.
The resulting combination of land and fees shall not, except as may be otherwise reduced to recognized rights-of-way granted for the trail and bikeway system, exceed the total acreage to be developed or the acreage which constitutes the basis of calculating the fee in lieu of dedication required by this part.
[Ord. 97-4, 8/11/1997, § 5]
The Board of Supervisors shall determine whether land dedication, grant of rights-of-way and easements, or fees in lieu of land shall be required. Such decision shall be made as early in the plan review process as possible but not later than concurrent with the preliminary plan approval.
The Board of Supervisors shall, in reaching its decision, consider the following factors, in addition to any other factors that may be applicable to a particular plan:
If the land in that location serves a valid public purpose.
If there is a need to make a reasonable addition to an existing park or recreation area.
If the land meets the objectives and requirements of this part.
If the area surrounding the proposed development has sufficient existing parks, recreation areas or facilities, or open space and if pedestrians or bicyclists can safely reach these areas.
Any relevant policies of the Township regarding parks, recreation areas and facilities, and open space, including those within the Township Comprehensive Plan and the Township Open Space, Park, and Recreation Plan.
Any recommendations regarding such land that has been received from the Township and/or County Planning Commission, the Township Parks and Recreation Board, the Township Engineer, and/or the Boyertown Area School District.