Township of Limerick - Procedures

Open Space

§ 184-82 Open space.

When open space is required to be permanently preserved for common benefit and use by the requirements of this chapter, the regulations of the chapter shall apply.

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§ 184-82: Open space.

[Amended 6-17-1997 by Ord. No. 187]

When open space is required to be permanently preserved for common benefit and use by the requirements of this chapter, the regulations of the chapter shall apply.

Open space shall be so designated on the plans, and such designation shall include the category and description of the open space (as hereinafter set forth) along with the notation "Open space shall not be separately sold and shall not be further subdivided or developed."

Open space categories. Open space shall be identified in accordance with the following categories, or by such other categories as the Board of Supervisors, following recommendation by the Planning Commission, shall so designate:

(1)

Active open space (OS-1). Areas so designated shall be usable for such activities as sports, ballfields, hockey fields, exercise courses, walking, biking, jogging, playgrounds and similar open air recreation activities. Open space must be fully maintained and mowed and shall not interfere with adjacent dwelling units, other buildings, parking, driveways and/or roads.

(2)

Passive open space (OS-2). Areas so designated shall be usable for such activities as picnic groves and walking paths. Open areas must be fully maintained and mowed.

(3)

Untended open space (OS-3). Areas so designated shall be left in a natural state and shall include woodlands, wetlands, lakes, ponds, streams, rivers, floodplains (as defined elsewhere in this chapter), slopes (exceeding 15% as delineated by the Montgomery County Soil Survey or by accurate contour mapping as confirmed by the Township Engineer). Walkways and nature paths may be provided. No maintenance or mowing shall be provided.

(4)

Agricultural open space (OS-4). Areas so designated shall be utilized for farming and agricultural purposes, including the keeping of animals. Maintenance shall be in accordance with standardly accepted agricultural practices and shall not be the responsibility of the Township.

(5)

Buffering open space (OS-5). Areas so designated shall be either left in a natural state as described in § 184-82B(3) above or be maintained and mowed, as the Township shall so designate. Buffering open space shall be designated along the setbacks or perimeter of the development.

(6)

Connecting/greenway open space (OS-6). Areas so designated shall connect adjacent, abutting or contiguous open space parcels by means such as walking, biking or equestrian trails for access. The operation of motorized vehicles, other than those operated for maintenance, shall not be permitted on areas so designated.

Stormwater detention basins shall not be counted toward minimum open space requirements unless the basin is a preexisting natural water body such as a stream or pond.

The open space shall be acceptable to and approved by the Board of Supervisors in conjunction with final plan approval. Upon consideration of a plan, the Board of Supervisors may further refine the category(ies) and description(s) of open space as applied to the particular plan.

Open space design guidelines. In making determinations with respect to the issue of satisfactory preservation of open space, the Board of Supervisors may consider but not be limited by the following principles or factors:

(1)

Open space shall be consistent with the Township's Comprehensive Plan.

(2)

Wherever practicable, open space shall be designed as a continuous system of areas, interspersed among groupings of residential dwelling units.

(3)

Wherever possible, open space shall be interconnected with open space areas on abutting parcels.

(4)

Open space shall be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic and containing appropriate access improvements.

(5)

Sufficient perimeter parking shall be provided when necessary.

(6)

Open space shall be comprised of areas not less than 75 feet in width, except that:

(a)

Trails with right-of-way widths of at least 25 feet may comprise up to 15% of the required open space area; and

(b)

Individual tot-lots or playgrounds may be included in the required open space area.

(7)

Open space shall include at least one contiguous area to contain not less than 30% of all required open space areas, which is generally suitable and improved for OS-1 or OS-2 uses.

(8)

Open space shall be comprised of not more than 50% floodplain and/or steep slope areas which are 15% or greater.

(9)

Open space shall be conveniently located for access by potential users.

(10)

Open space shall not be divided by crossing of public or private roads except where necessary for proper traffic circulation, upon recommendation of the Township Engineer and Planning Commission.

(11)

Fuel, power and other utility lines, whether underground or overhead, shall comprise no more than 40% of the required open space area. Furthermore, land within utility easements may be used for open space purposes only if the utility companies possessing legal rights to these easements do not prohibit their use for such purposes.

Provision for ownership and maintenance of open space shall be made in a manner so as to ensure its preservation, which shall be accomplished in one of the following ways:

(1)

The developer shall offer the open space for dedication for public use and maintenance, free and clear of any conditions, liens or encumbrances if required by the Township. However, the Township need not require that the open space be dedicated nor accept a dedication of the open space if offered.

(2)

With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the open space, or a portion thereof, to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:

(a)

The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence.

(b)

The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions.

(c)

A maintenance agreement acceptable to the Township is entered into by the developer, organization and Township.

(3)

If the Township does not require dedication or permit transfer to a conservation organization as provided in Subsection F(2) hereof, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. § 3103 et seq., or the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. § 5101 et seq. Such common open space shall be managed according to the requirements of § 184-67 of the Limerick Township Zoning Ordinance. If such an organization is created, the deeds and agreements of sale for the common open space and for all individual lots within the tract shall contain the following requirements in language acceptable to the Township Solicitor:

(a)

Such organization shall not dispose of the common open space by sale or otherwise except to the Township or other governmental body, unless the Township has given prior approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.

(b)

The organization and all lot owners within the development shall agree to be bound by the provisions of Section 705(f)(1) through (6) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10705(f)(1) through (6), relating to Township maintenance of deteriorating open space and providing for the ability of the Township to assess and lien the properties within the development.

(c)

All lot owners within the development shall be required to become members of the organization and pay assessments for the maintenance of the common open space, which assessment may be increased for inflation and which may provide for professional management.

(d)

The Township may require the formation of a reserve fund to cover capital improvements to the common open space.

Following acceptance of open space dedicated to the Township, upon appropriate public notice, the Board of Supervisors may hold a public hearing and, upon finding it appropriate, pass a resolution to change a category of open space applied to such lands to a less intensive category as set forth herein.

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MapLink™ | Procedures | Open Space

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Township of Limerick, PA

MapLink™ | Procedures | Open Space