The overall intent of these open space provisions is to identify those zoning districts where the designation of open space is applicable and further, to identify related use regulations, locational criteria, performance standards and ownership and maintenance requirements.
Charlestown Township
City Zoning Code
City Zoning Code
PART 15
OPEN SPACE PROVISIONS
§ 27-1501 Purpose.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1.
The purpose of these provisions is to govern the designation of open space for recreational use and for the conservation, preservation and enhancement of natural and cultural resources and amenities. More specifically, these provisions are designed to:
A.
Provide for more efficient allocation and maintenance of open space.
B.
Provide for necessary active and passive recreation areas to complement those which exist.
C.
Preserve natural environmental resources and maintain ecological stability by:
(1)
Strictly controlling the use of floodplains, alluvial soils, flood hazard areas, and wetlands.
(2)
Promoting the proper development of steep slopes, and very steep, slopes with special consideration for those with unstable soils.
(3)
Protecting the quality of existing surface waters by controlling erosion and sedimentation and developing needed stormwater management systems.
(4)
Maintaining groundwater resources through the provision of open space areas for groundwater recharge, and the protection of high groundwater areas.
(5)
Avoiding the disruption of woodlands which are highly diverse and biologically rich.
(6)
Minimizing disturbance of other critical environmental areas.
D.
Providing for the economic viability and preservation of existing and potential farm establishments through the identification and use of open space lands which are best suited for agricultural production.
E.
Preserve historic and cultural resources and the visual character of the landscape by:
(1)
Promoting the preservation of prime agricultural areas.
(2)
Promoting the preservation of significant historical and cultural sites and structures.
(3)
Discouraging development in areas which will create significant changes in the visual character of the Township.
(4)
Encouraging the use of buffer areas to preserve existing environmental quality and amenity values.
F.
Aid in the implementation of the Comprehensive Plan and the attainment of the aims and objectives contained herein.
§ 27-1502 Applicable Districts.
[Ord. 6/20/1979; as amended by Ord. 114-2003, 11/17/2003, § 3; and by Ord. 125-2004, 12/20/2004, § 1]
§ 27-1503 Use Regulations.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1.
A building or other structure may be erected, altered or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
A.
Permitted Principal Uses.
(1)
Recreation and conservation uses such as: parks, playfield and playgrounds; hiking, bicycle and bridle trails; picnic and sitting areas; woodlands; lakes and ponds; nature sanctuaries, refuges and conservation areas; and, other non-commercial recreation and conservation uses and usable open space features not requiring buildings.
(2)
Agricultural uses that do not require structures, including: general farming, pasture, orchard, grazing, outdoor plant nurseries, truck farming, vegetable and flower gardening, wild crop harvesting, horticulture and forestry.
(3)
Structures presently existing in the designated open space.
(4)
Municipal use.
B.
Conditional Uses.
(1)
Bridges.
(2)
Permeable parking areas and driveways serving a permitted principal use.
(3)
Signs accessory to permitted uses of Subsection 1A., herein, subject to the provisions of Part 14.
(4)
Proposed utility easements and rights-of-way.
(5)
Cultural, educational natural science and/or historic facilities under the auspices of a nonprofit organization.
(6)
Noncommercial recreation and conservation uses requiring structures.
(7)
Dams, impoundment basins, culverts or other stormwater management facilities, provided same do not occupy any of the minimum required open space areas.
(8)
Public sanitary sewer systems, provided same do not occupy any of the minimum required open space areas.
(9)
Proposed water lines and wells.
(10)
Boundary fences and walls.
(11)
Swimming pools and related accessory structures, subject to the provisions of Part 16.
(12)
Tennis and other courts.
(13)
Golf courses.
(14)
Usable open space features requiring buildings such as picnic shelters, community centers, gazebos, lookout platforms and the like.
(15)
Accessory uses customarily incidental to any of the foregoing and accessory structures to any uses permitted in Subsection 1A, herein.
C.
Prohibited Use and Activities.
(4)
Soil, rock or mineral extraction.
(5)
Removal of topsoil.
(6)
Cutting or removal of live trees or other flora except where the area is devoted to nursery use, in which case precautions shall be taken to insure:
(7)
Storage of materials that may be hazardous to the health and welfare of the surrounding population or which is in violation of the Clean Streams Law or other related regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection, or the United States Environmental Protection Agency.
(8)
Impervious streets, impervious parking areas, and impervious driveways.
§ 27-1504 Determination of Open Space Areas.
[Ord. 6/20/1979; as amended by Ord. 114-2003, 11/17/2003, § 3; and by Ord. 125-2004, 12/20/2004, § 1]
1.
Locational Criteria. Any lands within the Township may be designated as open space. However, in planning for the allocation of land uses within a development area, the following land use types comprising "critical environmental areas" shall be most appropriate for designation as open space:
A.
Flood hazard areas and high groundwater areas. As defined in Part 11.
B.
Prime agricultural lands and prime agricultural soils. As defined in Part 2.
C.
Steeply sloped. Slopes ranging from 15% to 25%; and, very steep slopes — slopes greater than or equal to 25%.
D.
Prime woodlands. Areas of forest capability Class I as defined by the Office of State Planning and Development of the Commonwealth of Pennsylvania; and any woodlands wherein the canopy species are greater than 12 inches in caliper.
E.
Water resources. Any watercourse, lake, pond, wetland, wetland buffer or stream valley buffer.
F.
Visually sensitive areas. Lands within the special heritage landscape protection zones or along scenic roads, as identified in the Charlestown Township Comprehensive Plan; scenic areas; viewsheds; important vantage points; and other areas of unusual prominence or unique character.
G.
Historic and cultural sites and structures. Land characterized by the presence of the following:
(1)
Residential, farm and other structures or site 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 identified as being historically or culturally significant in the Comprehensive Plan.
(3)
Sites and/or structures identified as being historically or culturally significant by the Charlestown Township Board of Historical and Architectural Review and/or the Charlestown Township Historical Commission.
§ 27-1505 Performance Standards.
[Ord. 6/20/1979; as amended by Ord. 114-2003, 11/17/2003; and by Ord. 125-2004, 12/20/2004, § 1]
1.
Minimum Contiguous Area. Any land parcel designated as open space shall have a contiguous area of not less than one acre.
2.
Minimum Parcel Width. The configuration of any parcel of open space shall provide for a minimum width of 150 feet.
3.
Maximum Impervious Surface Coverage. Not more than 5% of the total area of designated open space shall be covered by impervious surfaces. No more than 50% of any individual parcel of open space shall be covered by impervious surfaces, such as tennis courts, trails, and picnic shelters.
4.
Minimum Setback. All structures within the designated open space shall be located no less than 100 feet from the perimeter property lines of a development area and no less than 30 feet from any lot line therein.
5.
Area Configuration.
A.
The open space designated within a development area shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles, centrally located, and providing a maximum of accessibility to the residents of the development area.
B.
The open space land of a planned residential development shall be usable for active and passive recreation. However, at least 25% of the required open space shall be usable and physically prepared for playgrounds, playfields and/or other active recreation activities and/or facilities, unless this requirement would necessitate encroachment into critical environmental areas, or unless the proposed users would not have as much recreational demand due to their ages, or to their proximity to other nearby recreational facilities, in which cases the Board of Supervisors may reduce the area of required active recreational space.
C.
The open space land of an open space development shall protect critical environmental areas to the maximum extent possible. Any active recreational areas shall be designed in accordance with § 22-514, "Recreation Areas," of the Charlestown Township Subdivision and Land Development Ordinance [Chapter 22].
D.
The open space designated within a development area shall be arranged to encompass a single land parcel or minimum number of parcels, linked by a common means of circulation and access and shall be contiguous to the development area and not separated from it by streets unless safe pedestrian access can be demonstrated to the satisfaction of the Board of Supervisors.
E.
The designated open space shall be arranged to maintain contiguity with other designated open space areas or similar critical environmental areas on adjacent lands, either by direct contact or common means of circulation and access.
F.
Open space areas shall include pedestrian pathways to be available for general public use in order to insure the potential for a contiguous open space network throughout the Township.
G.
Applicants shall coordinate all plans for active and passive recreational areas with the Township Planning Commission and Park and Recreation Commission, to insure that any playgrounds, playfields, trails, picnic shelters, picnic areas, tennis courts, swimming pools, gazebos, and the like, and any passive recreational areas are consistent with the Charlestown Township Open Space, Recreation and Environmental Resource Plan.
§ 27-1506 Ownership and Maintenance.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004, § 1]
1.
There shall be provisions which insure that the open space shall continue as such and be properly maintained. The developer shall either:
A.
Dedicate such land to public use if the Township has agreed that it will accept such dedication.
B.
Retain ownership and responsibility for maintenance of such open space land, provided an escrow fund is established in cases of default; or,
C.
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
In the case of Subsection 1C above, each organization shall be a nonprofit homeowners corporation, unless the developer demonstrates to the satisfaction of the Board of Supervisors that a community open space trust is a more appropriate form of organization. In the case of Subsection 1B or C above, the developer or homeowners association shall, at no cost to the Township, dedicate an easement for public use of the open space land. The Board of Supervisors may, but shall not be required to accept such easement, provided a satisfactory agreement is reached concerning the definition of "public use" and future maintenance of the open space to which the easement shall apply.
2.
If a homeowners association or open space trust is formed, it shall be governed according to the following regulations:
A.
The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
B.
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
C.
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
D.
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
E.
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space to the satisfaction of the Board of Supervisors.
F.
In the event that the organization established to own and maintain a common open space or any successor organization shall, at any time after designation, fail to maintain the common open space in reasonable order and condition in accordance with the Project plan, the Township may serve written notice upon such organization or upon the residents and owners of the project, setting forth the manner in which the organization has failed to maintain the common 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.
3.
At such hearing the Township 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 within the project and to prevent the common open space from becoming a public nuisance, may enter upon said common 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 common open space was derived. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners.
4.
Before the expiration of said year, the Township shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common 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 common space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common 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.
5.
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 common open space and shall become a municipal lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the Prothonotary of Chester County, upon the properties affected.