Township of Upper Providence, PA Article IVA Open Space and Recreational Facilities

[Added 8-7-1995 by Ord. No. 341; amended 3-20-2017 by Ord. No. 561]

§ 154-40.1 General purpose and intent.

The provisions of this article are intended to provide regulations for the use and development of land which is required to be set aside in new subdivisions or land developments pursuant to the requirements of the various districts contained in Chapter 182, Zoning, of the Code of the Township of Upper Providence. It is also the purpose of this article to provide regulations for the payment of a fee in lieu of the provision of land and facilities in appropriate situations. Further, it is the specific intent of this article to:

A. Implement the findings and recommendations of any park master plans or other guiding documents used as reference by the Upper Providence Township Recreation Department.

B. Implement the findings and recommendations of the most recently adopted Open Plan for Upper Providence Township, Montgomery County, PA (Draft).

C. Implement the findings and recommendations of the Comprehensive Plan Update for the Township, as amended, and pursuant to the authorization by Section 302 of the Pennsylvania Municipalities Planning Code.

D. Preserve open space to protect the environmental, scenic, historical and cultural features of the Township.

E. Preserve adequate usable open space which will allow areas for active recreation for Township residents.

F. Provide a variety and balance of facilities which can meet the various recreational needs of the residents, businesses and industry.

G. Develop a system of facilities which can deliver recreation services effectively and efficiently.

H. Provide equitable and convenient accessibility to recreation facilities.

I. Support community development and stability by providing recreation sites and open space.

§ 154-40.2 Open space requirements.

A. For residential districts, these regulations shall apply to any and all open space and/or recreation areas which are set aside through the subdivision and land development processes pursuant to the requirements of the various residential districts of Chapter 182, Zoning, subsequent to the enactment of this article. These regulations shall apply to any land so provided, including any that may exceed the minimum requirements of said districts.

B. For nonresidential zoning districts, including Chapter 182, Zoning, Article XI, in Institutional District, these regulations shall apply to any and all open space and/or recreation areas set aside through the land development process. All land developments shall be required to set aside 1,300 square feet of open space or recreation facilities for each 2,000 square feet of new or additional gross floor area of construction.

C. For any open space requirements contained within this section that may conflict with requirements with other Township regulations and requirements, the largest open space area or recreation requirement required to be provided shall apply.

§ 154-40.3 Physical criteria for open space lands.

The following criteria shall be used in determining if proposed open space or recreation spaces incorporated in a land development proposal are acceptable as lands to be set aside.

A. An open space area(s) shall be developed to complement and enhance the man-made environment. In the selection of the location of such areas, consideration shall be given to the preservation of natural and man-made features which will enhance the attractiveness and value of the remainder of the property to be subdivided or developed. Such features are floodplains, including streams and ponds; wetlands; slopes equal to or greater than 15%; mature, permanent vegetation; an exceptional view; cultural and historical amenities; and other community assets as determined by the Board of Supervisors.

B. Said area(s) shall be at a location conveniently accessible to the residents or employees to be served.

C. Said area(s) shall be located and designed so that it does not become a barrier to the handicapped, aged or people with baby strollers.

D. Said area(s) specifically designated for open space shall be fully usable and suitable for that purpose and shall have all improvements required by this chapter.

E. The size and shape of said areas shall be such as to be usable for passive and/or active recreation.

F. Said area(s) shall comprise a single parcel of land, except where the Board of Supervisors concurs that the creation of two or more parcels would be in the public interest and determines that, where feasible, a connecting path or strip of land is in the public interest.

G. Safe and easy access to said open space area(s) shall be provided either by adjoining public road frontage, public easements or paths and/or sidewalks. At the discretion of the Board of Supervisors, an open space area(s) may be permitted to cross a public road if specific circumstances related to the location of natural features, site layout and/or intended use of the open space so dictate. The Parks and Recreation Committee and Planning Commission shall make specific recommendations to the Board concerning any proposed road crossing in their review pursuant to § 154-40.4D herein.

H. Said area(s) shall be easily accessible to essential utilities such as water, sewage and electric power, to the greatest extent practical.

I. Said area(s) shall be free of fuel, electric power and other transmission lines, whether underground or overhead, except where these may provide opportunities for trails and/or connections to other open space lands.

J. Said area(s) shall be free of all structures, except those related to outdoor recreational use. Should any existing structure(s) be located in an area(s) proposed for open space, the applicant shall demonstrate how said structure(s) will be used in connection with their plans for recreational activities for the site, as required in § 154-40.4D herein.

K. Steep slopes, streams, lakes, watercourses, ponds, wetlands and floodplains may comprise no more than 40% of the open space land requirement. In all instances, a minimum of 60% of the open space land requirement shall be suitable for dry ground recreational use. Fifty percent of the dry ground recreational use area shall not exceed 2% finished grade; the Board of Supervisors may agree to waive this requirement in cases of exceptional topography, watercourses and tree coverage.

L. The location, form, overall design and use of the required open space area(s) shall be as approved by the Board of Supervisors.

(1) At the discretion of the Board of Supervisors, a portion(s) of the open space may be permitted on abutting land which has a different zoning classification than the development which it serves, if it forms an integral part of the open space for the development or for the Township's overall open space network.

M. Areas defined as open space or recreation sites shall not include areas less than 45 feet in width or land area within 10 feet of any building, community facility, or other accessory use.

N. Areas defined as open space or recreation sites shall have a minimum of 25 feet of street frontage.

O. Areas defined as open space or recreation sites shall not contain stormwater management facilities, unless those facilities are directly related to a recreation use.

P. The areas set aside for open space or recreation shall be reasonably accessible to the residents or employees, as applicable.

§ 154-40.4 Improvement requirements for open space lands.

A. When the Board of Supervisors approves open space area(s) bisected by a public road pursuant to the provisions of § 154-40.3G herein, grade-separated pedestrian walkways (bridges or tunnels) shall be required whenever the roadway being crossed is of greater than feeder classification.

B. At least one accessway shall be provided to each open space area which shall be sufficiently wide so that maintenance equipment shall have reasonably convenient access to said area. In all instances, said open space area(s) shall be maintained in a careful and prudent manner.

C. When an open space area is intended to serve residents of a large number of dwelling units or lots, more than one pedestrian access to said area shall be provided. The exact number and locations of said accesses shall be based upon the design of the development and the location of any recreational facilities proposed within the open space area. The Board of Supervisors shall require additional pedestrian accesses or the relocation of an accessway(s) when it believes that adequate access is not being provided for the majority of the development's residents. Pedestrian access may share any accessway provided for maintenance vehicles pursuant to Subsection B of this section.

D. Recreational facilities shall be provided in the open space area(s) to service the needs of the residents of the development for which the area(s) is being set aside. Facilities to be provided may include, but not be limited to, the following: tot lots; playgrounds; tennis courts; basketball courts; and multipurpose fields. The precise number and extent of facilities proposed shall be based upon information supplied by the developer, including projected number, age breakdown, income and other applicable characteristics of the development's residents; and the number and types of recreational facilities nearby and available to the proposed development. Based upon said analysis, the applicant shall propose a plan for the facilities proposed to be reviewed by the Parks and Recreation Committee and Planning Commission. These bodies shall then make a recommendation to the Board of Supervisors, who shall make the final determination as to the facilities to be installed.

E. Sufficient parking shall be provided for the recreational facilities to be installed.

(1) The exact number of spaces shall be approved by the Board of Supervisors upon recommendation of the Planning Commission and coordination with the Parks and Recreation Department. The adequacy of pedestrian access to serve the recreational facilities shall be evaluated in the determination of the number of necessary parking spaces.

(2) For parking areas of more than 20 cars, a minimum of 10% of the parking lot shall be devoted to interior parking lot landscaping, exclusive of any other landscaping or buffering which may be required by the zoning district in which the development is located. The minimum dimension of a planting island shall be nine feet by 18 feet.

F. If lighting is proposed for nighttime use of recreational facilities, it shall be so arranged as to not produce glare on neighboring or nearby dwellings. Parking lots shall also be lit if facilities they serve are to be used after dark.

G. The joint use of stormwater management facilities and recreational facilities may be permitted if the presence of the stormwater management facilities directly relates to the proper function and drainage of the recreation facility.

H. Recreational facilities shall be interconnected with recreational facilities on abutting parcels or with existing parkland, wherever possible, by the provision of pedestrian trails.

I. Recreational facilities shall be coordinated with applicable open space and recreation plans or any federal, state, county, regional, adjacent municipal or private organization to complement various programs increasing the utility of the open space and recreation network.

J. All areas devoted to open space and/or recreational facilities shall be suitably landscaped either by retaining existing vegetation and wooded areas and/or by a landscaping plan for enhancing the areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.

§ 154-40.5 Ownership and maintenance provisions for open space lands.

A. All land set aside for open space and recreational purposes shall first be offered for dedication to the Township for public use.

(1) Size, shape, access, topography and other physical characteristics of the open space area(s) and recreation facilities shall be considered in the determination of the acceptance of facilities and land offered for dedication.

(2) When the Board of Supervisors deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a signed resolution to which a property description, recorded deed and plan of the dedicated open space/recreational area(s) shall be attached.

B. In which any or all land is not to be dedicated, there shall be adequate provisions to assure the retention and future maintenance of said area(s) and any recreational facilities located within them. At the option of the Township, lands designated for dedication, but not accepted, shall be retained in private ownership by an association of landowners or homeowners, by a land conservation organization, or by a state or county government. Lands not dedicated to the Township shall be made subject to such agreement with the Township and such deed restrictions duly recorded in the office of the Recorder of Deeds as may be required by the Board of Supervisors for the purpose of preserving and maintaining the land for recreation or open space use.

§ 154-40.6 Fee in lieu of open space land dedication, residential zoning districts.

A. Where the Board of Supervisors agrees with the developer that, because of the size, shape, location, access, topography or other physical features of the land, it is impractical to dedicate land to the Township or set aside an open space area(s) or recreation facility(ies), the Board shall require a payment of a fee in lieu of dedication of such land and recreational facilities. Said fee shall be payable to the Township prior to approval of the final plan of the subdivision and/or land development by the Board of Supervisors or at such other time as determined by the Board.

(1) When a subdivision or residential development is phased, the Board may permit the fee to be paid in amounts proportionate to the number of lots or dwelling units in each phase.

B. The amount of any fee for residential development shall be equal to the value of the land and recreational facilities that would normally be preserved and developed for open space and recreation use. Said fee shall be paid on a per-dwelling-unit or per-lot basis. The amount of said fee, for residential uses, shall be established by resolution of the Board of Supervisors.

C. All funds collected in lieu of land dedication shall be deposited in an interest-bearing account, known as the "open space capital reserve fund." All interest earned on this account shall become funds of the account. Upon request of any party who paid a fee, the Township shall refund such fee, plus any interest accumulated thereon from the date of payment, if the Township has not used the funds to meet the purposes set forth in this article within three years from the date such fee was paid.

§ 154-40.7 Fee in lieu of open space land dedication, nonresidential zoning districts.

A. Where the Board of Supervisors agrees with the developer that, because of the size, shape, location, access, topography or other physical features of the land, it is impractical to dedicate land to the Township or set aside an open space area(s) or recreation facility(ies), the Board shall require a payment of a fee in lieu of dedication of such land and recreational facilities. Said fee shall be payable to the Township prior to approval of the final plan of land development by the Board of Supervisors or at such other time as determined by the Board.

B. Determination of fees.

(1) The amount of any fee shall be equal to the value of the land and recreational facilities that would normally be preserved and developed for open space and recreation use. Said fee shall be paid on a per-employee basis as follows:

	Use	Fee
	Office	$700 per employee (for the first 100 employees) $140 per employee (for each employee over 100)
	Commercial	$420 per employee (for the first 100 employees) $140 per employee (for each employee over 100)
	Industrial	$140 per employee (all employees)
	Institutional	$140 per employee (for each employee)
	If the institutional use includes residential care of any sort, the following also apply:	$210 per unit (for the first 100 units); $140 per unit (for each bed over 100 units)

(2) If a proposed development cannot provide the number of new employees that a given development will employ, the Township will determine the probable number of employees based on a ratio as follows:

	Use	Number of Employees
	Office	6.5 employees per 1,000 square feet of gross floor area
	Retail/Commercial	1.25 employees per 1,000 square feet of gross floor area
	Industrial/Manufacturing	1 employee per 2,000 square feet of gross floor area
	Institutional	1 employee per 2,000 square feet of gross floor area

(3) In the event the Township and the developer agree that the formula does not yield a payment in lieu of set-aside that reasonably approximates the value of the land set aside, the Township and developer can enter negotiations to determine the exact fee in lieu when open space or recreation or recreation facilities are not dedicated to the Township.

C. All funds collected in lieu of land dedication shall be deposited in an interest-bearing account, known as the "open space capital reserve fund." All interest earned on this account shall become funds of the account. Upon request of any party who paid a fee, the Township shall refund such fee, plus any interest accumulated thereon from the date of payment, if the Township has not used the funds to meet the purposes set forth in this article within three years from the date such fee was paid.