A.
Existing zone lots of record.
(1)
In any district a structure may be erected on a nonconforming
zone lot of official record at the effective date of this chapter
irrespective of its area or width, the owner of which does not own
any adjoining property which would create a conforming lot if all
or part of said property were combined with subject zone lot.
(2)
In an R District, only a single-family detached dwelling
or a residential accessory use may be erected on a nonconforming lot.
(3)
A single-family detached dwelling or an appurtenant
use accessory to an adjacent principal permitted use may be constructed
on any vacant nonconforming lot in any R District regardless of its
area or width if it complies with the following:
(a)
Said lot is in existence as an entity at the
time of passage of this chapter.
(b)
The owner of the lot does not own an adjoining
lot.
(d)
The rear yard of any such lot shall in no case
be less than 20 feet.
(e)
No building shall be erected closer to an adjacent
principal building or any side lot line adjoining a side street than
10 feet, nor shall any side yard be less than five feet.
B.
Required area or space cannot be reduced. The area
or dimension of any zone lot, yard, parking area or other space shall
not be reduced to less than the minimum required by this chapter;
and if already less than the minimum required by this chapter, said
area or dimension may be continued and shall not be further reduced.
No lot or lots in single ownership shall hereafter be reduced so as
to create one or more nonconforming lots.
C.
Lot frontage. The minimum lot frontage of any lot
shall be measured along the minimum building setback line as required
for the district where located. The width of any lot in any district,
except C and M Districts, shall not be less than 30% of the depth
of said lot at the front lot line, provided, however, that no lot
need exceed a width of 300 feet unless otherwise required in the district
where located, nor shall any such lot having a depth of 300 feet or
more be less than 60 feet along the front line.
D.
Corner lots. At all intersecting public right-of-way
lines, no obstructions to vision (other than an existing building,
post, column or tree) exceeding 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the intersecting public right-of-way
and a line drawn between points along such street lot lines 30 feet
distant from their points of intersection.
E.
Through lots. Where a single lot under individual ownership extends from a street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in § 300-17.
F.
Orientation of buildings on public rights-of-way.
(1)
Individual buildings on public rights-of-way. The front facades of residential buildings shall face the road/right-of-way or parking lot which it abuts; provided, however, that if it is located on a corner parcel and it will face a road, it shall face the widest road; provided, however, that if both roads are of equal or near equal width, it may face on either road, unless the existing pattern of development has predetermined the road that shall be faced. Nothing herein shall preclude compliance with § 300-19B(2)(a)[2] hereof.
(2)
Nonresidential developments and dwelling groups with interior circulation. When a development is designed to be served by an interior pedestrian or vehicular circulation system, buildings may face the interior roadways or parking lots; provided, however, where such an orientation results in the rear or the side(s) of such buildings being within 100 feet of a public right-of-way, then such rear and/or side walls shall be screened from the public right-of-way in accordance with § 300-19B(3).
G.
Lots not serviced with public water or sewer. Plans
for lots not served by a public water or sanitary sewer system must
be submitted to, and approved by, the local authority having proper
jurisdiction over such matters as well as by the Pennsylvania Department
of Environmental Protection, if applicable.
A.
General application. No building or structure shall have a greater number of stories than are permitted in Article III hereof, provided further that the aggregate height of such buildings or structures shall not exceed the number of feet permitted in Article III, except as otherwise provided herein in Subsection B.
B.
Permitted exceptions.
(1)
Height limitations stipulated elsewhere in this chapter
shall not apply to open amusement areas, barns, silos, schools, church
spires, belfries, cupolas and domes, monuments, water towers, utility
poles, chimneys, smokestacks, flagpoles, residential telecommunications
facilities, rooftop screening of equipment and architectural features
not occupied by persons or property, or to parapet walls extending
not more than four feet above the limiting height of the building.
[Amended 5-13-2008 by Ord. No. 10-2008]
(2)
Buildings in excess of 2 1/2 stories or 35 feet may be permitted up to a height of six stories or 70 feet only as a special exception in accordance with the provision of § 300-40B. Such structures, however, may only be authorized when it can be shown that adequate fire protection will be available, and that such modification shall be approved by the Zoning Hearing Board upon the review and approval of the Planning Commission.
C.
Protection of solar energy sources. In the event that
a system designed for the purpose of providing solar energy for any
permitted use has been previously established, no structure, sign,
fence or other impediment shall be permitted on adjoining or nearby
uses which will materially affect the efficiency of such solar energy
system.
A.
Side yards.
(1)
Side yard width may be varied. When the side wall
of a building is not parallel with the side lot line or if the side
lot line is broken or irregular, the side yard may be varied. In such
cases the average width of the side yard shall not be less than the
otherwise required minimum width; provided, however, that such side
yard shall not be narrower at any point than 1/2 the otherwise required
minimum width, or narrower than seven feet, whichever is greater.
(2)
Side yard of corner lot. Any corner lot delineated
by subdivision after the adoption of this chapter shall provide a
side street setback line which shall not be less than the minimum
front yard required on any adjoining lot fronting on a side street.
B.
Front yard exception.
(1)
When an unimproved lot is situated between two improved
lots, each having a principal building within 25 feet of any side
lot line of such unimproved lot, the front yard may be reduced to
the greatest depth of the front yard of the two adjoining improved
lots, but shall be not less than 10 feet.
C.
Front yard of corner lot. The front yard of any corner
lot shall be established on the wider of the two streets abutting
said lot, except where the widths of the two abutting streets are
equal, then the front yard may be established on either street.
D.
Projections into required yards. Certain architectural
features may project into required yards as follows:
(1)
Cornices, canopies, eaves, and other similar architectural
features may project into a side yard a distance of two feet; provided,
however, that where a side yard exceeds a width of 12 feet, such extension
may be increased by two inches for each one foot by which the yard
exceeds a width of 12 feet.
(2)
Fire escapes may project into side and rear yards
a distance not exceeding four feet six inches.
(3)
Bay windows, balconies, fireplaces, uncovered stairways
and necessary landings, and chimneys may project a distance not exceeding
three feet, provided that such features do not occupy, in the aggregate,
more than 1/3 of the length of the building wall on which they are
located.
(4)
Open patios and decks may be located in side yards and rear yards provided that they are not closer than three feet to any adjacent property line. If located closer than eight feet, they shall be screened in accordance with the provisions of § 300-19B(3) hereof. In case of a corner lot, no enclosed patios shall extend into the side yard adjoining such side street.
E.
Additional yards required where nonresidential uses
abut R Districts. All nonresidential uses first permitted in C-1 or
less restrictive districts, which abut, at the lot line or on the
same street, an R District, shall provide yards, where they abut,
of not less than 50 feet in depth; provided, however, that if the
yard requirement for the nonresidential use is greater, then such
greater distance shall be required. Such yards shall be maintained
as landscaped open spaces and shall not be occupied by parking, loading
or outdoor storage uses.
Land coverage by principal and accessory buildings or structures and other impervious surfaces on each zone lot shall not be greater than is permitted in Article III or other pertinent sections of this chapter.
A.
There shall be not more than one principal dwelling
structure nor more than two accessory structures on each residential
zone lot except as otherwise provided herein for dwelling groups and
large-scale developments; and provided further that a swimming pool
and appurtenant structures shall not be considered to be accessory
structures.
B.
Where two or more principal residential buildings may be located on a parcel in single ownership, as provided in Subsection A hereof, such buildings shall conform with the dimensional requirements of this chapter which would normally apply to each building if each were on a separate zone lot; provided, however, that the provisions of this section shall not apply to minimum lot width requirements.
A.
Maximum permitted height: 1.5 stories or 17 feet.
B.
Minimum yard regulations.
(1)
Unattached accessory structures in R Districts. Accessory
structures, which are not attached to a principal structure, may be
erected within one of the side yards or within the rear yard, but
not in the front yard, in accordance with the following requirements:
(2)
Attached accessory structures in R Districts. When
an accessory structure is attached to the principal building, it shall
comply in all respects with the requirements of this chapter applicable
to the principal building.
(3)
Nondwelling accessory structures in other districts.
Nondwelling accessory structures shall comply with front and side
yard requirements for the principal structure to which they are accessory
and shall be not closer to any rear property line than 10 feet.
A.
Areas required to be landscaped. Areas that are required
to be landscaped in accordance with the standards set forth herein
shall be:
B.
Landscaping, screening and buffer standards.
(2)
Off-street parking and loading areas.
(a)
Location of off-street parking and loading areas.
[1]
No parking space shall be nearer to any property
line or right-of-way line than 10 feet.
[2]
Parking lots shall be provided at the side or
to the rear of nonresidential buildings that are visible from public
roads; provided, however, that when such placement is not desirable
or practicable (in terms of such factors as topography, visibility,
aesthetics, shape of parcel, etc.) the off-street parking may be provided
between the front of the building and the right-of-way; in such cases,
the parking area shall be set back not less than 10 feet, and the
setback area shall be developed to form a buffer, as follows: a thickly
vegetated buffer shall be provided, and the width, length and planting
materials shall be sufficient to visually screen the view of parked
vehicles from the public right-of-way.
(c)
Lighting off-street parking lots.
[1]
For all parking areas, driveways and walkways,
all pole-mounted luminaries shall be low maintenance poles and fixtures,
and all branch circuiting for lighting shall be installed below grade.
[2]
The placement of light standards shall be coordinated
with the landscape plan to avoid a conflict with the effectiveness
of light fixtures.
[3]
Lighting shall be directed away from adjacent
residential uses and residential zones, and shall be shielded from
fugitive skyward emissions.
[4]
All applicants shall submit a lumen plan documenting
these requirements.
(3)
Buffer and screening requirements.
(a)
All subdivisions and land developments shall
provide the following types of buffer/screening treatment that is
applicable to the use and the environment of the subject development,
as follows:
[1]
Property line buffers that act to integrate
new development with its surroundings and to separate incompatible
land uses.
[2]
Site element screens that act to minimize or
eliminate views to certain site elements located within 100 feet of
property lines or road rights-of-way (either public or private).
[3]
Requirements for buffers and screens at right-of-way
lines apply only to street rights-of-way.
(b)
Property line and right-of-way line buffer requirements.
[1]
Property line and right-of-way line buffers
shall be required for the following types of development and as otherwise
specified herein:
[2]
An on-site investigation by the applicant shall
determine the adjacent land uses along each property boundary. In
the case of vacant land, the existing zoned uses shall be used. The
existing or zoned uses shall be noted on the plan. In the case of
several permitted uses on a site, the most restrictive requirements
shall apply. The municipality shall have final approval of interpretation
of land uses or zoning map. Commercial or manufacturing uses, and
off-street parking areas for more than 10 vehicles, when abutting
or within 100 feet of residential districts, shall provide fences,
walls or year-round screen planting when necessary to shield adjacent
residential districts from parking lot illumination, headlights, heat,
blowing papers and dust and to reduce the visual encroachments of
commercial architecture, signs and activity.
[3]
Buffer area location and dimensions.
[a]
A buffer area of not less than
25 feet in width shall be established along all property lines, and
right-of-way lines unless otherwise specified herein; provided, however,
that for off-street parking lots, the buffer area shall be not less
than 10 feet.
[b]
The buffer area may be included
within the front, side, or rear yard setback.
[c]
The buffer area shall be a continuous
pervious planting bed consisting of trees and shrubs, grass or groundcover.
[d]
Parking is not permitted in the
buffer area.
[e]
Site element screens are permitted
in the buffer area.
[f]
Stormwater basins are permitted
in the buffer area.
(c)
Site element screens.
[1]
Site element screens shall be required in all
proposed land developments around the following site elements:
[a]
Parking lots.
[b]
Dumpsters, trash disposal, or recycling
areas.
[c]
Service or loading docks.
[d]
Outdoor storage.
[e]
Vehicle storage.
[f]
Sewage treatment plants and pump
stations.
[g]
Other unenclosed uses of a similar
nature, and enclosed uses such as rear facades facing public right-of-way.
[2]
Screen location. The site element screen shall
be placed between the site element and the property line or right-of-way,
and shall be designed to block views to the maximum extent possible.
The screen shall be located as close as possible to the site element
and shall surround the element without impeding function or encroaching
on clear sight triangles.
[3]
Screen types. Any of the following types of
screens may be utilized in those cases where they will achieve the
objective of blocking certain uses from public view:
[a]
Evergreen or deciduous shrubs.
[b]
Double row of evergreen trees.
[c]
Opaque fence. A six-foot opaque
fence surrounding the site element on at least three sides.
[d]
Architectural extension of the
building. An eight-foot minimum height architectural extension of
the building (such as a wing wall) shall enclose service or loading
docks. The building materials and style of the extension shall be
consistent with the main building.
[e]
Berm with ornamental trees or grass.
A two- to three-foot-high continuous curvilinear berm with ornamental
trees. The maximum slope of the berm shall be 3:1.
[f]
Evergreen hedge.
[g]
Low wall: A wall of brick or stone
(not concrete block), at least 50% opaque, not less than three nor
more than four feet in height.
[4]
Existing healthy trees, shrubs, or woodlands
may be substituted for part or all of the required plant material
at the discretion of the governing body. The minimum quantities and/or
visual effect of the existing vegetation shall be equal to or exceed
that of the required buffer.
[5]
Existing topographic conditions, such as embankments
or berms, may be substituted for part or all of the required property
line buffers at the discretion of the governing body. The minimum
visual effect shall be equal to or exceed that of the required screen.
[6]
The applicant may propose the use of alternative
screen types or changes in plant materials or designs which fulfill
the intent of this chapter, with the approval of the governing body.
(d)
Plant materials.
[1]
General location requirements.
[a]
The location, dimensions, and spacing
of required plantings should be adequate for their proper growth and
maintenance, taking into account the sizes of such plantings at maturity
and their present and future environmental requirements, such as wind,
soil, moisture, and sunlight.
[b]
Plantings should be selected and
located where they will not contribute to conditions hazardous to
public safety. Such locations include, but are not limited to, public
street rights-of-way, underground and aboveground utilities, and sight
triangle areas required for unobstructed views at street intersections.
[2]
Design criteria.
[a]
The required plant material shall
be distributed over the entire length and width of the buffer area.
[b]
Buffer plant material maybe arranged
symmetrically (formal) or asymmetrically (informal) and may be grouped
to form plant clusters. However, informal groupings that reflect the
natural character of the region are encouraged.
[c]
Plants shall be spaced to provide
optimum growing conditions.
[d]
A variety of tree species is required.
[3]
Substitutions. In accordance with the following
guidelines, wherever possible, existing vegetation shall be retained
and utilized as a buffer or a screen in accordance with the following
guidelines:
[a]
Existing healthy trees, shrubs,
or woodlands may be substituted for part or all of the required plant
material at the discretion of the governing body. The minimum quantities
and/or visual effect of the existing vegetation shall be equal to
or exceed that of the required buffer.
[b]
Existing topographic conditions,
such as embankments or berms, in conjunction with existing vegetation,
may be substituted for part or all of the required property line buffers
at the discretion of the governing body. The minimum visual effect
shall be equal to or exceed that of the required buffer or screen.
[4]
Plant material specifications. The following
requirements are minimum standards which shall apply to all plant
materials or transplanted trees as required under this chapter; additional
plant materials, berms, or architectural elements may be included
in the plan at the applicant's discretion.
[a]
All plants shall meet the minimum
standards for health, form, and root condition as outlined in the
American Association of Nurserymen (AAN) Standards.
[b]
All plant material shall be hardy
and within the USDA Hardiness Zone applicable to Lackawanna County,
Pennsylvania.
[c]
Canopy trees, sometimes called
“shade trees,” shall reach a minimum height and spread
of 30 feet at maturity as determined by the AAN Standards and shall
be deciduous. New trees shall have a minimum caliper of 2 1/2
inches at planting.
[d]
Ornamental trees or large shrubs
shall reach a typical minimum height of 15 feet at maturity, based
on AAN Standards. Trees and shrubs may be deciduous or evergreen and
shall have a distinctive ornamental character such as showy flowers,
fruit, habit, foliage, or bark. New ornamental trees shall have a
minimum height of six feet or 1 1/2 inch caliper. New large shrubs
shall have a minimum height of 2 1/2 to three feet at time of
planting.
[e]
Small shrubs may be evergreen or
deciduous and shall have a minimum height at maturity of four feet
based on AAN Standards. New shrubs shall have a minimum height of
18 inches at time of planting.
[f]
Evergreen trees shall reach a typical
minimum height of 20 feet at maturity based on AAN Standards for that
species and shall remain evergreen throughout the year. New evergreens
shall have a minimum height at planting of six feet.
[5]
Additional plant material guidelines. Plant
material features should be:
[a]
Able to thrive in the existing
soil or soil that can be amended to reasonable specifications.
[b]
Strong wood, not prone to breakage
in wind or ice storms.
[c]
Fruitless or otherwise free of
parts that fall and could damage vehicles, clog drains, or make pavement
slippery.
[d]
Tolerant to excessive heat, de-icing
salt and air pollution.
[e]
Free of unacceptable levels of
disease or insect pests, including aphids that coat objects below
with sticky "honeydew."
[f]
Fits the site aesthetically and
serves an intended function (shade, screen, focal point, etc.)
A.
Uses to be enclosed. All nonresidential uses, except
for off-street parking and loading facilities, automobile service
stations, transportation terminals, storage yards, junkyards, vehicle
sales lots, temporary circus, temporary flea market, and retail sales
conducted as sidewalk sales only as a use accessory to a permitted
principal use on the same site as the principal use to which it is
appurtenant, and similar uses shall be conducted wholly within a completely
enclosed building.
B.
Unenclosed nonresidential uses. Unenclosed nonresidential uses identified in Subsection A hereof, except off-street parking and loading, shall not be located less than 100 feet distant from any residential district.
C.
Special regulations for housing for the elderly.[1]
(1)
Maximum density. In any R District where housing shall
be designed exclusively for occupancy by elderly persons, and for
other one-room type efficiency units, the minimum lot area required
per dwelling unit shall be 2,000 square feet of net land area per
dwelling unit.
(2)
Maximum building height. Buildings to be erected for
housing for the elderly may be erected to a maximum height of six
stories or 70 feet, whichever is less.
(3)
Off-street parking. Accessory off-street parking required
to serve housing for the elderly shall be provided in an amount of
not less than one space per three "elderly" dwelling units.
[1]
Note: Persons shall be considered to be elderly
who meet the definitions of "elderly" as set forth by the U.S. Department
of Housing and Urban Development; in the absence of such standards,
however, elderly persons shall be all persons 60 years or older.
D.
Fences.
(1)
Privacy fences. No solid fence exceeding six feet
in height, measured along the ground level along the full length of
the fence, shall be permitted in any residential district nor between
buildings or lots used for dwelling purposes in any district except
as otherwise required herein. Open or ornamental fences may be erected
to a height not exceeding eight feet, provided the ratio of the solid
portion to the open portion shall not exceed one to four; and provided
further that no such ratio shall be applied to any screening provided
by natural vegetation. No fence or other structure or appurtenance
more than three feet in height, however, may be erected within the
clear-sight triangle on all corner lots for a distance of 30 feet
measured along street right-of-way lot lines from their point of junction.
(2)
Screening fences. Unenclosed nonresidential uses except off-street parking areas, commercial recreation areas, automobile sales areas and other similar uses shall be screened from public view and from adjacent properties in accordance with the provisions of § 300-19B(3)(c) hereof.
(3)
Installation of fences. When any fence is installed,
the supporting posts shall be located on the inside of the fence,
facing the property to be fenced; and the finished side of the fence
shall face the adjoining property and/or right-of-way.
(4)
Condition of fences. All fences, hedges, walls, and
shrubs must be maintained in good condition. When adjoining an R District,
no commercial advertising shall be permitted on property line fences.
When located in an R District, no advertising shall be permitted on
any fence. Fences owned and maintained by nonprofit organizations,
however, shall be exempt from this prohibition against advertising.
(5)
Fences and walls located in yards. Fences, walls and
hedges not exceeding six feet in height may be located in any yard
or court. It is the sense of this section that the total height of
walls plus fences, etc., shall not extend to a vertical height exceeding
six feet from natural ground level.
E.
Enclosure of porches.
(1)
In any new construction, no porch shall extend into any required yard except open patios and decks as provided under § 300-15D(4).
(2)
Any open patio, deck, or porch which has been constructed
within any required yard prior to the date of this chapter shall not
be enclosed, except as follows:
(a)
On an interior lot where such porch shall be
located in a front yard and the enclosure of such porch would be on
a property where such enclosure would not extend beyond the front
wall of the building or porch of any adjoining property.
(c)
The enclosure of a front porch in a required
front yard of either a corner lot or an interior lot shall not be
allowed if such property adjoins an undeveloped zone lot in separate
ownership.
(d)
The enclosure is in the rear yard.
F.
Aesthetic design standards for commercial and manufacturing
uses.
(1)
Aesthetic goals. All development and construction,
in the form of buildings, structures or additions and exterior alterations
thereto, and other site improvements and alterations, including paving,
lighting and landscaping, at or for each site shall be designed and
constructed to achieve the following goals:
(a)
To prevent the erection of poorly designed,
constructed or proportioned structures, and structures built of improper
or unsuitable materials.
(b)
To increase and secure the spectrum of attractive
business establishments, improvements and facilities on appropriate
locations within building sites.
(c)
To foster a high quality of development to enhance
the value of existing development as well as to enhance the attractiveness
of vacant land for future development.
(2)
Aesthetic design standards.
(a)
Construction materials. All construction in
the form of new buildings or additions and exterior alterations shall
be consistent with original construction or of comparable materials
to harmonize with the external design, both as to quality of workmanship
and materials of existing structures. No structure shall contain less
than 50% external masonry, glass, dryvit or similar type of construction
materials, except that the facades of manufacturing and warehousing
buildings may consist of metal materials. The buildings and structures
shall not be of woodface composition. The fronts of all buildings
and structures shall not expose concrete block composition, other
than decorative concrete block.
(b)
Waste disposal.
[1]
No lot shall be used as a dumping ground for
trash.
[2]
All trash, of any nature, shall be securely
stored in covered sanitary containers. All containers and other equipment,
and the areas and enclosures, for the storage and disposal of trash
shall be kept in a clean and sanitary condition.
[3]
All trash shall be properly and securely contained
within each site and properly and regularly removed therefrom, and
disposed as may be required by state and federal law, regulation and
other requirements and standards governing same.
[4]
"Trash" shall mean to include all papers, discards,
waste, rubbish, refuse and garbage, of any kind or nature whatsoever,
and any malodorous and objectionable materials lying around or stored
at each site but not customarily used in its then present condition
in the business or activities of the site occupants.
(c)
Mechanical/electrical equipment. All mechanical/electrical
equipment not enclosed in a structure or building (e.g., on-grade,
rooftop, etc.) shall complement, enhance and be compatible with the
design and construction of the buildings and structures on each site.
The color scheme of such equipment shall complement and be compatible
with the color scheme of the building's exterior.
(d)
Landscaping.
[1]
All terrain, grounds, area left in natural state,
or areas not covered by building or paving, shall be landscaped, seeded,
and otherwise maintained in a good, clean condition having aesthetic
appeal.
[2]
Each site and the landscaped areas shall be
kept clean and free of any and all litter, refuse, and papers of any
type. No litter, refuse or paper accumulations whatsoever shall occur,
be placed on or remain at each site.
[3]
Each site shall be developed, improved, used
and maintained to preserve and foster as much of the existing mature
natural growth as is practically possible.
(e)
Utilities. All lateral electric, telephone,
and cable television lines shall be underground.
A.
Use and design of permanent open space. Permanent
open space to be provided in accordance with certain sections of this
chapter shall be designed in accordance with the following standards:
(1)
Permanent open space shall be so designated on the
submitted plans, and the plans shall contain a notation stating, "Permanent
open space shall not be separately sold and shall not be further developed
or subdivided."
(2)
Permanent open space shall be contiguous to the development,
not separated by existing streets, and shall not be a part of any
lot within the development.
(3)
Each area of permanent open space shall contain not
less than 10,000 square feet.
(4)
Permanent open space areas shall be designed as a
continuous system of open space and shall be interconnected with open
space areas on abutting parcels whenever possible.
(5)
Permanent open space shall be provided with safe and
convenient access to the residentially developed area of the tract
by adjoining frontage on streets or easements capable of accommodating
pedestrian, bicycle, and maintenance vehicle traffic. The permanent
open space shall contain appropriate access improvements and shall
be provided with perimeter parking areas where appropriate.
(6)
All portions of a tract not occupied by buildings
and required improvements shall be maintained as landscaped areas
consisting of natural environmental features and/or planted vegetation.
Permanent open space shall predominantly consist of natural environmental
features or planted and maintained vegetation that may contain walking,
biking, or equestrian trails. Permanent open space may also contain
impervious surface areas such as tennis courts, clubhouses, or other
active recreation facilities, but such active recreation facilities
shall consist of less than 25% of the permanent open space.
(7)
Permanent open space shall be configured so as to
create areas of adequate size and shape to permit a variety of uses,
active or passive, throughout the system.
B.
Ownership and maintenance of permanent open space.
Permanent open space to be provided in accordance with certain sections
of this article may be offered for dedication to the Borough, although
the Borough need not accept any such offers. Provision for ownership
and maintenance of the permanent open space shall be made in a manner
so as to ensure its preservation. This shall be accomplished in one
of the following manners:
(1)
The Borough may accept dedication of the permanent
open space or any interest therein for public use and maintenance,
but the Borough need not accept a dedication of the permanent open
space if offered.
(2)
With permission of the Borough, and with appropriate
deed restrictions in favor of the Borough and in language acceptable
to the Borough Solicitor, the developer may transfer the fee simple
title in the permanent open space or a portion thereof to a private,
not-for-profit organization among whose purposes is the conservation
of open space land and/or natural resources, provided that:
(a)
The organization is acceptable to the Borough
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;
and
(c)
A maintenance agreement acceptable to the Borough
is entered into by the developer, the organization and the Borough.
C.
The developer shall provide for and establish an organization
for the ownership and maintenance of the permanent open space consistent
with the requirements for unit owners' associations found in the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If
such an organization is created, the deeds for the permanent open
space and for all individual lots within the development shall contain
the following requirements in language acceptable to the Borough Solicitor:
(1)
Such organization shall not dispose of the permanent
open space by sale or otherwise except to the Borough or other government
body unless the Borough has given prior approval. Such transfer shall
be made only to another organization that shall maintain the permanent
open space in accordance with the provisions of this chapter.
(2)
The organization and all lot owners within the development
shall agree to maintain the permanent open space. If private ownership
fails to do so, the Borough may proceed to maintain deteriorating
open space and may assess and lien the properties within the development
accordingly.
(3)
All lot owners shall be required to become members
of the organization and pay assessments for the maintenance of the
permanent open space, which may be increased for inflation and which
may provide for professional management.
