Edgmont Township City Zoning Code
ARTICLE XXXI
Open Space Provisions
§ 365-170 Purpose.
The overall intent of these open space provisions is to identify those zoning districts where the designation of open space is explicitly applicable and, further, to identify related use regulations, locational criteria, performance standards and ownership and maintenance requirements for land to be held for recreational use, and/or for conservation, preservation or enhancement of natural and cultural resources and amenities, or combinations thereof. These provisions are designed to:
A.
Provide an effective means for identifying, organizing and maintaining open space.
B.
Provide for necessary active and passive recreation areas, including civic amenities, to complement existing and proposed open space and recreational uses and trails.
C.
Preserve natural environmental resources and maintain ecological stability by:
(1)
Encouraging the preservation of land in floodplains and thus supplement Flood Hazard District regulations.
(2)
Limiting the development of steep and very steep slopes.
(3)
Protecting and enhancing the quality of existing watercourses, wetlands, ponds, lakes and other water bodies, including riparian buffers.
(4)
Encouraging the preservation of groundwater resources through the provision of open space areas for groundwater recharge.
(5)
Minimizing the disruption of woodland and forest areas.
D.
Encourage the preservation of existing and potential agricultural land through the identification and use of open space lands which are suited for agricultural production, particularly prime agricultural land, prime farmland soils, and soils of statewide importance on existing agricultural sites.
E.
Preserve historic and cultural resources by:
(1)
Promoting the preservation of significant historical and cultural sites and structures as open space.
(2)
Protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space.
(3)
Protecting the historic resources as shown on the Edgmont Township Historic Resources Map.
F.
Create a contiguous network of interconnected open spaces that link with open spaces within the tract and to neighboring tracts with existing or proposed open spaces.
G.
Preserve scenic resources and scenic viewsheds.
H.
Aid in the implementation of the Comprehensive Plan and the Comprehensive Park, Recreation, and Open Space Plan and the attainment of the goals, objectives and strategies, findings and recommendations contained therein.
§ 365-171 Applicable districts.
A.
Although open space is encouraged to be maintained, organized and designated everywhere in the Township, the provisions of this article are particularly applicable to:
§ 365-172 Use regulations.
A.
Permitted principal uses.
(1)
Recreational uses, such as parks, playgrounds and playfields, greens, trails and structures related thereto, for the primary benefit of Township residents.
(2)
Conservation uses to preserve woodland and forest areas, lakes, ponds, streams and related landscape features.
(3)
Agricultural uses which do not require structures.
(4)
Planted areas used for screening purposes and noise control.
(5)
Structures presently existing in areas to be designated as open space.
(6)
Municipal use.
B.
C.
(1)
The following conditional uses and their related accessory uses, provided that a satisfactory environmental impact assessment report is prepared as set forth in Article XXII.
(b)
Bridges.
(c)
Utility easements and rights-of-way.
(d)
Earthen stormwater management facilities.
(e)
Boundary fences and walls.
(f)
Agricultural uses which require structures.
(g)
Individual and community sewage disposal systems (including appurtenances and replacement areas), provided that no more than 20% of the total required open space shall contain sewage disposal systems, subject to the following:
[1]
For individual sewage systems, the applicant shall first demonstrate that, without location of the sewage disposal systems in the open space, the applicant will lose 10% or more of the established density of the tract.
[2]
Upon such satisfactory demonstration and subject to the limitations of this subsection, the Board of Supervisors may approve location of sewage disposal systems in the open, provided that the granting of said relief will result in no less than 95% of the proposed dwelling lots containing individual sewage disposal systems located on the lot which they are intended to serve. Partial units shall be rounded up to the next whole number.
[3]
No sewage disposal systems shall be located in open space in areas of floodplain, very steep slopes, woodlands and forest area, greens or other natural and environmental resources and features.
[4]
The provisions of this subsection shall be controlling over any inconsistent or contrary provision of any other Township ordinance.
(h)
On-lot and community sewage disposal systems in accordance with Chapter 305, Subdivision and Land Development, as may be amended from time to time, and provided that the site is not in the floodplain, on very steep slopes, or in a woodland and forest area; provided, however, if the proposed sewage disposal systems is a drip distribution system, then, notwithstanding the foregoing prohibition, said drip distribution system may be permitted by the Board of Supervisors to be located in woodland and forest areas if, in addition to the conditional use requirements of Article XXXII, the applicant can demonstrate to the Township's satisfaction:
[1]
That the applicant will comply with Chapter 305, Subdivision and Land Development, requirements for tree protection for areas of woodland and forest not intended to be disturbed and tree replacement for the areas of forest and woodland intended to be disturbed by the proposed drip distribution system;
[2]
That not more than 15% of the notable trees in the woodland and forest areas of the total open space will be removed or damaged to accommodate the proposed drip distribution system;
[3]
That no substantial ecological benefit will be lost as a result of the woodland and forest disturbance required to accommodate the proposed drip distribution system;
[4]
That the proposed drip distribution system will be logically located from a planning point of view.
§ 365-173 Determination of open space areas.
Locational criteria. In planning for land uses within the applicable districts as referenced in § 365-172, the following shall be considered most appropriate for designation as open space:
A.
Areas of environmental concern. Areas of environmental concern as depicted in the Comprehensive Plan, including:
(1)
Flood hazard areas and flood-prone areas, as set forth in Article XVIII and depicted in the Flood Hazard District Map.
(2)
Areas of steep slope and very steep slope as set forth in Article XIX and depicted in the Steep Slope Conservation District Map.
(3)
Woodland and forest areas.
(4)
Surface water resources, such as lakes, ponds, streams, springs, and riparian buffers.
B.
Other resources.
(1)
Historic and cultural sites and structures: land characterized by the presence of the following:
(a)
Residential, farm and other structures or sites on, or candidates for, the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, or the Historic American Building Survey.
(b)
Sites and/or structures which are identified on the Historic Resources Map as being historically or culturally significant, as depicted in the Comprehensive Plan.
(2)
Important farmland soils, as defined by the USDA Natural Resources Conservation Service, including prime farmlands, and additional farmlands of statewide importance, such areas being depicted in the Comprehensive Plan.
(3)
Prime woodlands, as defined by the Department of Conservation and Natural Resources, and areas supporting stands of trees wherein the majority are greater than eight inches DBH.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Wildlife habitats, such as deer wintering areas, nesting areas for terrestrial and aquatic wildlife, and the like.
(5)
Groundwater resources and recharge areas.
(6)
Lands to be used and maintained as buffers for screening purposes, noise control and other safeguards, such as hedgerows and woodlands.
(7)
Lands to be used for various active and passive recreational opportunities and pursuits.
(8)
(9)
Scenic areas and scenic viewsheds.
§ 365-174 Calculating open space areas.
A.
When computing open space areas for purposes of determining compliance with open space standards, the following shall not be counted as open space:
(1)
Utility easements, rights-of-way, and areas containing or reserved for stormwater management facilities or controls.
(2)
Areas used for retail sales of agricultural products or areas of uses accessory thereto.
(3)
Roads, parking areas or parking lots which are paved, unless same are part of the required active open space as per § 365-176E.
(4)
Minimum lot areas for existing or proposed dwelling units.
(5)
Twenty-five percent of the required perimeter setback for PRD development.
B.
No more than 1/2 of the required open space shall consist of a singular type of resource, such that no more than 50% of the open space can be comprised by flood hazard or flood-prone areas or no more than 50% of the open space can be comprised by steep and very steep slopes.
§ 365-175 Performance standards.
A.
Minimum contiguous area. Any land parcel designated as open space shall have a contiguous area of not less than one acre, except for the open space area within a green, which shall not be less than 5,000 square feet.
B.
Minimum parcel width. The configuration of any parcel of open space shall provide for a minimum width of 50 feet.
C.
Maximum impervious surface coverage. Not more than 5% of the total area of designated open space shall be covered by impervious surfaces, and not more than 1/2 of any individual parcel of open space shall be covered by impervious surfaces, including buildings.
D.
Minimum setback.
(1)
Any buildings within the designated open space shall be located no less than 100 feet from the perimeter property lines and no less than 50 feet from any new lot line created within a tract.
(2)
Any structures within the designated open space shall be located no less than 50 feet from the perimeter property lines and no less than 25 feet from any new lot line created within a tract, except for signs, boundary fences, walls, and the like.
E.
Area configuration.
(1)
The open space designated within a development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles, providing a maximum of accessibility to the residents of a development area.
(2)
Unless the open space is proposed for agricultural use, at least 10% of the total minimum required open space shall be made usable and physically prepared for parks, playgrounds, playfields, trails or other active recreation activities or facilities, including pavilions, gazebos, plazas, or other civic amenities for the benefit of Township residents. A portion of the 10% area may be used as a green in accordance with § 365-176E(3).
(3)
A portion of the required open space may be made usable and physically prepared for greens whenever 10 or more lots are proposed. A green shall be created and maintained as the open space area around which dwellings are arranged in a manner depicted in Appendix I of Chapter 305, Subdivision and Land Development. No sewage systems or related facilities shall be constructed on greens.
(4)
At least 25% of the required open space designated within a development area shall be arranged so as to encompass a single land parcel, linked by a common means of circulation and access, and it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be demonstrated.
(5)
The designated open space shall be arranged to maintain contiguity with other designated open space areas or similar areas on adjacent lands, either by direct contact or some common means of circulation and access. Where deemed appropriate by the Board of Supervisors, open space areas shall be designed to accommodate pedestrian pathways to be available for general public use, in order to ensure the potential for a contiguous open space network throughout the Township.
(6)
All designated open space shall be accurately and conspicuously delineated, depicted and otherwise noted on a map of the subject tract in accordance with the requirements of Chapter 305, Subdivision and Land Development; such open space shall be differentiated as to its type, area, proposed maintenance, and proposed management.
§ 365-176 Ownership and maintenance of open space.
A.
There shall be provisions which ensure that the open space shall continue as such and be properly maintained. Any of the following methods and no other may be used, either individually or together, to preserve, own and maintain open space:
(1)
Dedication in fee simple to the Township, subject to § 365-177B(1).
(2)
Homeowners' association, subject to § 365-177B(2).
(3)
Condominium association, subject to § 365-177B(3).
(4)
Dedication of conservation easements to the Township, subject to § 365-177B(4).
(5)
Transfer of fee simple title or development rights and easements to a private conservation organization, subject to § 365-177B(5).
(6)
Individual private ownership, subject to § 365-177B(6), when the land is used for:
(a)
Agricultural and conservation use purposes, restricted to agricultural and conservation use only, and protected by a conservation easement held by the Township or a private conservation organization, pursuant to which the Township is an intended beneficiary.
(b)
A residential lot with a homestead on property shown on the Historic Resources Map, whenever at least 50% of the minimum required open space is on the lot and the lot is deed-restricted against common use and maintenance as well as any further subdivision.
B.
The following specific requirements are associated with each of the various methods:
(1)
Fee simple dedication to the Township. The Township may, but shall not be required to, accept an offer of a deed of dedication, provided that:
(a)
Such land is accessible to the residents of the Township.
(b)
There is no cost of acquisition, other than any costs incidental to the transfer of ownership, such as title insurance and recording fees.
(c)
The Township agrees to and has access to maintain such lands.
(d)
Where the Township accepts dedication of open space that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements, as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
(2)
Homeowners' association. Restricted open space land and associated facilities may be held in common ownership by a homeowners' association. The homeowners' association shall be in conformance with applicable law. Homeowner association documents shall be filed with the final subdivision and land development plan submission; the applicant shall provide draft documents at the time of preliminary plan submission with sufficient detail to demonstrate feasible compliance with this section. If a homeowners' association is formed, it shall be governed according to the following regulations in addition to those required by law:
(a)
The landowner or developer shall provide the Township with a description of the organization, including its declaration, bylaws and methods for maintaining open space, for review by the Township.
(b)
In the event of the homeowners' association's failure to maintain the open space, the Township shall have the right, but not the obligation, to maintain the open space, and the Township shall have the right to assess individual homeowners for the costs of maintenance, in accordance with § 365-177C.
(c)
In the event of a proposed transfer, within the methods here permitted, of common open space land by the homeowners' association or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development.
(d)
The homeowners' association may lease open space lands to any other qualified person or corporation for operation and maintenance of such lands, but such a lease agreement shall provide:
[1]
That the residents of the development shall at all times have access to open space lands contained therein (except that access to land that is actively farmed shall be limited to time of the year when the fields are fallow);
[2]
That the common open space land to be leased shall be maintained for the purposes set forth in this article; and
[3]
That the operation of open space facilities may be for the benefit of the residents only or may be open to the residents of the Township, at the election of the developer or homeowners' association, as the case may be.
(e)
The lease shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Delaware County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Township Manager.
(f)
Homeowners' association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide a draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with this section.
(3)
Condominium association. The open space and associated facilities may be controlled through the use of condominium agreement(s) reviewed by the Board of Supervisors. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, P.L. 286, of July 2, 1980,[1] as may be amended. All open space land shall be held as common elements or limited common elements. To the degree applicable, condominium agreement(s) shall comply with the provisions of § 365-177B(2) for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section. In the event of the condominium association's failure to maintain the open space, the Township shall have the right, but not the obligation, to maintain the open space, and the Township shall have the right to assess individual homeowners for the costs of maintenance, in accordance with § 365-177C.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(4)
Dedication of conservation easements to the Township. The Township may, but shall not be required to, accept conservation easements for public use of any portion of open space land, the title of which is to remain in the ownership of the condominium or homeowners' association, provided that:
(a)
Such land is accessible to the residents of the Township.
(b)
There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance.
(c)
A satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association and the Township.
(5)
Transfer to a private conservation organization. With permission of the Township, the landowner or developer may transfer either the fee simple title with appropriate deed restrictions running in favor of the Township, or the development rights or easements, to a private, nonprofit organization among whose purposes is to conserve open space land, provided that:
(a)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(b)
The organization is chartered under the laws of the Commonwealth of Pennsylvania to administer deed restrictions limiting eventual disposition of such property for the purposes stated in its articles of incorporation.
(c)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.
(d)
A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.
(6)
If open space is held in private ownership, as per § 365-177A(6), such open space shall be protected in accordance with a maintenance agreement acceptable to the Township.
C.
In the event that the organization established to own and maintain open space or any successor organization shall, at any time after designation, fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Township may serve written notice upon such organization or upon the residents and owners, setting forth the manner in which the organization has failed to maintain the 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.
(1)
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 and to prevent the open space from becoming a public nuisance, may but is not required to enter upon said 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 open space was derived. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the residents and owners.
(2)
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization therefor responsible for the maintenance of the 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 open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said 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 said organization.
(3)
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 open space and shall become a municipal lien on said properties. The Township, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of such lien in the office of Judicial Support of Delaware County upon the properties affected.
(4)
This shall not require the Township to take any action or limit any remedies permitted by law.
D.
A plan for the management of the open space shall be submitted for Township review prior to any final plan approval. Such plan shall be in accordance with the following:
(1)
All open space shall be subject to approval based on the proposed maintenance and management scheme, including but not limited to areas proposed for such use(s) as woodlands, meadows, lawns, playfields, paths, trails, playgrounds, pavilions, gazebos, plazas, or other civic amenities. Such scheme shall be specifically described on proposed plans and reports to indicate:
(a)
The proposed surfaces for plant materials, turfgrass, water, mulch, pavements, and the land cover types.
(b)
The specific types, sizes, and dimensions of materials, equipment, apparatus, and structures associated with the proposed open spaces, recreational areas, and other civic features.
(c)
The methods to be employed in maintaining such open spaces.
(d)
The methods to be employed in financing and managing such open spaces.
§ 365-177 Standards and criteria for evaluating conditional uses.
The standards and criteria below pertain to the applicant's burden to demonstrate compliance with such standards and criteria and the Township's requirement to evaluate conditional uses when open space is created, in addition to those set forth in § 365-192.
A.
The incorporation of a wide variety of the open space features and resources listed in § 365-174 in a substantially contiguous form.
B.
The preservation and protection of trees of eight inches or greater DBH, woodland and forest areas, unique or specimen plants, or other vegetation, or if the same cannot be preserved or protected, the replacement of same in accordance with § 305-50 of Chapter 305, Subdivision and Land Development, of the Code of the Township of Edgmont.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The proposal to extensively landscape an area, create screen planting, and create buffer planting strips in addition to that which is otherwise required in this chapter and in Article VIII, Design Standards and Requirements, of Chapter 305, Subdivision and Land Development, of the Code of the Township of Edgmont.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The protection of steep and very steep slopes through sensitive grading, the proposed use of tree wells, or through other measures.
E.
The protection of surface water resources and adjoining areas through proposals for effective stormwater management, and soil erosion and sedimentation control.
F.
The conservation of groundwater resources, especially in relation to aquifer recharge areas and areas used for water supply.
G.
The retention of agricultural land and areas which are cultivated, including agricultural structures.
H.
The retention of historic and cultural sites and structures which may not be protected or preserved otherwise.
I.
The conservation of terrestrial and aquatic wildlife habitat, especially nesting areas, wintering areas, biologically rich areas, edges, and other areas and features.
J.
The proposal to create walkways, trails, pathways or other greenways and accessways internal to the property and which could connect with existing walkways, trails, pathways or other accessways on adjoining tracts; or which would enable the future connection to such accessways.
K.
The protection and retention of unique geological features, such as rock outcrops, unique landforms, and other topographical features.
L.
The adherence to the purposes as stated in § 365-3 in a particularly sensitive manner when siting buildings or other structures, recreational areas, and other features or facilities with respect to land development.
M.
The proposal to provide through streets, versus cul-de-sac streets, to promote a network system of streets throughout the Township.
N.
The proposal to effectively provide for sanitary sewage disposal systems, including innovative community on-lot disposal systems and other systems in accordance with the Act 537 Plan.