[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; as amended by Ord.
17-06, 6/26/2017]
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 or his or her designee and a registration
fee will be required to insure proper use and care of park property.
This fee will be voided provided areas used are found in proper condition
at the conclusion of the event or activity.
[Ord. 94-6, 10/24/1994, § 4]
1.
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:
A.
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.
B.
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; as amended by Ord.
17-06, 6/26/2017]
1.
The discharge of firearms is not permitted, except in the following
instances:
A.
Township police officers, constables, sheriffs, prison or jail wardens,
or their deputies, other police officers of this commonwealth or its
political subdivisions, or other law enforcement officers while engaged
in their official duties, including but not limited to training sessions;
B.
Officers or employees of the United States duly authorized to carry
and discharge a firearm, while engaged in their official duties; and
C.
Any individual who discharges a firearm when legally necessary: to
protect human life; to injure, defend against or kill a dangerous
animal; or as otherwise provided by law. Nothing in this section shall
exempt any person or persons from being subject to all the rules and
regulations promulgated and set forth by Pennsylvania Title 34 known
as the "Pennsylvania Game Law," as amended.[1]
[1]
Editor's Note: See 34 PA.C.S.A. § 101 et seq.
[Ord. 94-6, 10/24/1994, § 6]
1.
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. The Board of Supervisors may provide an
exception to the possession and use of alcoholic beverages within
a park for Township-conducted special events.
[Amended by Ord. 17-06, 6/26/2017]
2.
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.
3.
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; as amended by Ord.
17-06, 6/26/2017]
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 and at Layfield
Park's designated parking area at any time by the members, guests
and invitees of the Hanover Woods Planned Community Association. 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]
1.
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:
A.
Sneakers or other proper tennis shoes must be worn in the courts
at all times.
B.
All other park regulations shall apply to the basketball courts and
tennis courts as well.
C.
The courts must be vacated after one hour's use when other persons
are waiting to use the courts.
D.
At no time shall other games or activities take place on the basketball
or tennis courts.
E.
Climbing of any of the fences surrounding the courts, the park, open
space or recreation areas is prohibited.
F.
Smoking within the fenced areas is prohibited.
G.
No person or individual shall permit, allow or admit animals within
the fenced areas.
[Ord. 94-6, 10/24/1994, § 12]
1.
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:
A.
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.
B.
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.
C.
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.
D.
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; as amended by Ord.
17-06, 6/26/2017]
Pets are permitted only in Swamp Creek and Community Park on
a leash at all times.
[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.
[See also, § 27-1605, Fee in Lieu of Recreation Land.]
[Ord. 97-4, 8/11/1997, § 1]
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.
2.
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.
3.
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.
4.
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.
5.
In lieu of land dedicated for recreation purposes, a fee may be paid, as hereinafter set forth in § 16-203.
6.
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]
1.
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.
2.
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.
3.
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.
4.
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.
5.
The land shall be contiguous and regular in shape, where possible
and practical.
6.
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.
7.
The land shall be located on soils suitable for use and development
as a recreation area.
8.
No more than 25% of the land shall have a slope in excess of 7%.
9.
No more than 25% of the land shall be within floodplain, hydric soil
overlay, or wetland areas.
10.
The land shall be accessible to all necessary utilities.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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]
1.
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.
2.
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 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.
[Amended by Ord. No. 21-12, 12/2/2021[1]]
[1]
Editor's Note: This amendment was made pursuant to Section
3, Repealer, of Ord. No. 21-12, which provides for the repeal of inconsistent
provisions.
3.
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.
4.
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.
5.
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]
1.
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.
2.
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]
1.
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.
2.
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:
A.
If the land in that location serves a valid public purpose.
B.
If there is a need to make a reasonable addition to an existing park
or recreation area.
C.
If the land meets the objectives and requirements of this part.
D.
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.
E.
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.
F.
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.
