Springfield Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Open Space Provisions
§ 143-117 Purpose.
These provisions are intended to establish interrelated use regulations, design and locational criteria, performance standards and ownership and maintenance requirements applicable to all designated open space land required under this ordinance. Such land is to be held for recreational use and for the conservation, preservation or enhancement of natural and cultural resources and amenities. 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 to complement existing open space and recreational uses.
C.
Preserve natural environmental resources and maintain ecological stability by:
(1)
Encouraging the preservation of floodplains and land contiguous to floodplains.
(2)
Limiting the development of steep and very steep slopes.
(3)
Protecting the quality of existing watercourses, ponds, lakes and other waterbodies.
(4)
Encouraging the preservation of groundwater resources through the provision of open space areas for ground water recharge.
(5)
Avoiding the disruption of woodlands and forested areas.
D.
Preserve historic and cultural resources by:
E.
Provide opportunities for greens, plazas or squares, pocket parks, mini-parks, neighborhood parks, and other civic areas near residential neighborhoods and other buildings.
F.
Aid in the implementation of the Comprehensive Plan and the attainment of the goals and objectives articulated therein.
§ 143-118 Applicability.
§ 143-119 Use regulations.
Land designated as open space may be used for any of the following purposes and no other:
A.
Permitted principal uses.
(1)
Conservation uses to preserve woodland and forest areas, lakes, ponds, streams, floodplains, steep and very steep slopes and other natural features.
(2)
Passive recreational uses, such as parks, nature trails and the like.
(3)
Active recreational uses, including playfields and playgrounds.
(4)
Civic areas, including plazas, squares, greens, and other common open space types.
(5)
Planted areas used for screening purposes and noise control.
B.
Permitted accessory uses.
(1)
Uses customarily incidental to the principal uses permitted above, unless specified otherwise under conditional uses below.
(2)
Signs which are customarily incidental to the principal uses permitted above in accordance with Article XVI.
(3)
Structures presently existing in the designated open space areas, provided that they are used only in connection with permitted open space uses.
§ 143-120 Calculating open space areas.
When computing areas for open space for the purposes of determining compliance with this ordinance, the following shall apply:
A.
When land within the Steep Slope Conservation District with steep and very steep slopes is designated as open space, only 1/2 of such land may be counted toward the required open space.
B.
When land which is in the Flood Hazard District is designated as open space, only 1/2 of such land may be counted toward the required open space.
C.
None of the following shall be counted as open space: roads, parking areas, proposed utility easements and rights-of-way, permanent soil erosion and sedimentation control facilities and areas, stormwater management facilities and areas, areas or facilities for sewage disposal or water supply and any on-ground or aboveground utilities.
§ 143-121 Delineating open space areas.
Locational criteria. Land designated for open space must be suitable for the proposed open space use. The location and proposed use of land to be designated to meet open space requirements must be shown on preliminary and final subdivision and land development plans. In planning a development, land with the following characteristics shall be given a high priority for designation as open space or a part thereof:
A.
Land within and contiguous to the Flood Hazard District.
B.
Areas of steep slope and very steep slope within the Steep Slope Conservation District.
C.
Woodlands and forested areas.
D.
Surface water resources, such as lakes, ponds, streams and springs and lands surrounding such resources.
E.
Historic and cultural sites and structures and land characterized by the presence of the following:
(1)
Residential, institutional, industrial 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.
(2)
Sites and/or structures which may be identified as being historically or culturally significant in the Comprehensive Plan.
F.
Lands to be used and maintained as buffers for screening purposes, noise control and other safeguards.
G.
Lands presently used for various passive or active recreational and civic purposes and land surrounding such areas.
§ 143-122 Performance standards.
A.
Minimum contiguous area. Any land parcel designated as open space shall have a contiguous area of not less than 1/2 acre, except where such open space is within the TND-5 Overlay District, in which case, areas for common open space types are set forth in § 143-90 and the Manual of Written and Graphic Design Guidelines.[1]
[1]
Editor's Note: Said manual is included at the end of this chapter as Exhibit A.
B.
Minimum parcel width. The configuration of any parcel of open space shall provide for a minimum width of 50 feet, except where such open space is within the TND-5 Overlay District, in which case, areas for common open space types are set forth in § 143-90 and the Manual of Written and Graphic Design Guidelines.
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 surface, 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, unless otherwise permitted in another section of the Ordinances of Springfield Township.
(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, benches, light standards and landscaping, unless otherwise permitted in another section of the Ordinances of Springfield Township.
E.
Area configuration.
(1)
The open space designated within a development area shall not be merely left over or unusable land. It shall be designed in accordance with § 123-40 of the Subdivision and Land Development Ordinance and laid out to the satisfaction of the Board of Commissioners according to sound site design principles, providing a maximum of accessibility to the residents of a development.
(2)
The open space land shall be usable for active and passive recreation. However, at least 25% of the required open space shall be designed, constructed and maintained for playgrounds or other active recreational facilities.
(3)
Whenever possible and practical, the open space designated within a development shall be arranged so as to encompass a single land parcel or minimum number of parcels, 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.
(4)
Whenever possible and practical, 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.
§ 143-123 Ownership and maintenance.
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:
B.
The following specific requirements are associated with each of the various methods:
(1)
Fee simple dedication. The Township may, but shall not be required to, accept an offer of a deed of dedication, provided that:
(2)
Homeowners association. The establishment of a nonprofit homeowners association which may dedicate an easement for public use of the open space land. The Board of Commissioners may, but shall not be required to, accept such easement, unless a satisfactory agreement is reached concerning the scope of public use and the future maintenance of the easement.
(3)
Condominium agreement. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Unit Property Act of 1963.[1] All open space land shall be held as common element.
[1]
Editor's Note: The Unit Property Act of 1963 was repealed 7-2-1980 (P.L. 286, No. 82). See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
(4)
Dedication of easements. The Township may, but shall not be required to, accept 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:
(5)
Transfer to a private conservation organization. With permission of the Board of Commissioners, 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 Board of Commissioners 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 their 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 Board of Commissioners is entered into by the landowner or developer and the organization.
(6)
Deed restrictions. The inclusion of a portion of open space property in a deed restriction of the individual purchasers of lots, provided that:
(a)
A deed restriction acceptable to the Board of Commissioners is created, limiting eventual use of those portions of the property to be used for the purpose outlined in a plan submitted to the Board of Commissioners.
(b)
Access rights for all residents within any subdivision or land development shall be guaranteed through an agreement for same.
(c)
A maintenance agreement acceptable to the Board of Commissioners is entered into by the individual purchasers of lots.
(7)
In the event of any proposed transfer of open space within the methods permitted in this section or of the assumption of maintenance of open space land by the Township as hereinafter provided, notice of such action shall be given to all affected property owners.
C.
If a homeowners association is formed, it shall be governed according to the following regulations:
(1)
The landowner or developer shall provide the Board of Commissioners with a description of the organization, including its bylaws and methods for maintaining open space, which shall be acceptable to the Township Solicitor.
(2)
The organization is to be organized by the landowner or developer and operating with financial subsidization by the landowner or developer, if necessary, before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
(4)
The members of the organization shall share equitably the costs of maintaining and developing open space, in accordance with procedures established by them. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
(5)
The organization shall be responsible for maintenance of and insurance and taxes on open space.
(6)
The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Board of Commissioners.
D.
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 Board of Commissioners 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 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 Board of Commissioners shall, upon its initiative or upon the request of the organization theretofore 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 the 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 homeowners association.
(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.
E.
The landowner of any subdivision or land development which is proposed to contain open space or common open space shall arrange with the Delaware County Board of Assessment, when applicable, a method of assessment of the open space which will allocate to each tax parcel in the development a share of the total assessment for such open space. Where this alternative is to be utilized, the method of allocation shall be approved by the Board of Commissioners.