[Ord. 94, 6/8/1988, § 2000; as amended by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1. 
These provisions are designed to:
A. 
Provide for a more varied, innovative, and efficient development pattern.
B. 
Guide new development in a manner compatible with existing uses, architecture, landscapes and community character.
C. 
Provide for the preservation of open space as a result of opportunities for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development, allowing for buildings and other improvements to be sited as a direct response to site conditions, with the locations of lot lines reflecting land management decisions.
D. 
Provide an effective means for identifying, organizing and maintaining open space.
E. 
Provide for necessary active and passive recreation areas to complement existing open space and recreational uses.
F. 
Preserve natural environmental resources and maintain ecological stability by:
(1) 
Encouraging the preservation of floodplains and thus supplement Floodplain Conservation District regulations.
(2) 
Limiting development on Class I, Class II and Class III steep slopes.
(3) 
Minimizing disturbances of existing topography.
(4) 
Protecting the quality of existing watercourses, ponds, lakes, wetlands and other water bodies.
(5) 
Encouraging the preservation of groundwater resources through the provisions of open space areas for groundwater recharge.
(6) 
Conserving woodland and forest areas.
(7) 
Protecting farming as a viable occupation.
G. 
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.
H. 
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 scenic vistas from encroachment by development.
I. 
Aid in the implementation of the Township Comprehensive Plan and the attainment of the goals and objectives contained therein.
[Ord. 94, 6/8/1988, § 2001; as amended by Ord. 153, 5/3/1994, § 1; by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
The provisions of this part are applicable whenever any open space option is utilized in the RA, RB, or RD Districts, and wherever open space is established in accordance with the provisions of the RD-C District as applicable.
[Ord. 94, 6/8/1988, § 2002; as amended by Ord. 138, 5/26/1992, §§ 50, 51; by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1. 
Applicants under any open space option are strongly encouraged to submit a sketch plan to the Township Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal application for conditional use approval. Applicants are advised to design conceptual plan(s) in a manner which demonstrates conformance to the purpose statements of this chapter to the greatest degree practicable.
2. 
Application for conditional use approval for any open space option shall include a narrative report, maps and plans of sufficient detail to demonstrate compliance with this part, § 28-2713, and the Township Subdivision and Land Development Ordinance [Chapter 22]. The Board of Supervisors, in its sole discretion, may agree to accept consolidated applications for conditional uses when requested by an applicant.
3. 
In granting conditional use approval to development plans in accordance with this part, the Board of Supervisors may waive applicability of any provisions of the Subdivision and Land Development Ordinance [Chapter 22] which may be in conflict with the purposes of this part in the context of any specific application. If the provisions of this part are inconsistent with other provisions of this chapter, the provisions of this part shall control.
[Ord. 94, 6/8/1988, § 2003; as amended by Ord. 113, 1/16/1990, § 89; by Ord. 138, 5/26/1992, § 52; by Ord. 163, 2/4/1997, § I.4; by Ord. 195, 10/1/2002, § I.4; and by A.O.]
1. 
The following uses and no others may be permitted:
A. 
Permitted Residential Uses.
(1) 
Single-family detached dwellings may be provided where any open space option is utilized.
(2) 
Single-family attached and/or multifamily dwellings may be provided where either the flexible open space option or the bonus open space option is utilized.
(3) 
In the RD-C District, residential uses may be provided as stipulated in § 27-1102.
B. 
Permitted Open Space Uses.
(1) 
Passive recreational uses.
(2) 
Conservation uses to preserve woodland and forest areas, lakes, ponds, streams and related landscape features.
(3) 
Agricultural uses.
(4) 
Planted areas used for required buffer areas and buffer planting strips and noise control.
(5) 
Buildings to be used for recreation or conservation purposes presently existing in areas to be designated as open space.
(6) 
Buildings to be used for permitted open space uses, provided that such buildings shall not exceed a total square footage of 1,000 square feet.
(7) 
The following uses shall be permitted where approved by the Board of Supervisors as a condition of conditional use approval:
(a) 
Active recreational uses.
(b) 
Individual buildings to be used for permitted open space uses in excess of 1,000 square feet.
(c) 
Proposed sewage systems approved by the Bucks County Health Department and the Pennsylvania Department of Environmental Protection subject to § 27-2805, provided they are no more than 100 feet from the lot which they serve.
C. 
Municipal use.
D. 
Permitted Accessory Uses.
(1) 
Uses customarily incidental to permitted uses.
(2) 
Home occupation or home professional office, where approved by the Board of Supervisors as a conditional use.
(3) 
Signs which are customarily incidental to permitted principal uses, and in accordance with Part 24.
[Ord. 94, 6/8/1988, § 2004; as amended by Ord. 113, 1/16/1990, § 90; by Ord. 138, 5/26/1992, §§ 53–55; by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1. 
Required Open Space. A minimum percentage of the tract area shall be designated as and devoted to open space, in accordance with the following schedule and subject to all criteria for required open space herein:
A. 
In the RA District.
(1) 
Under the standard open space option: 40%.
(2) 
Under the flexible open space option: 50%.
(3) 
Under the bonus open space option: 60%, subject to compliance with the criteria of § 27-2809, Subsection 2, below.
B. 
In the RB District.
(1) 
Under the standard open space option: 50%.
(2) 
Under the flexible open space option: 65%.
C. 
In the RD District under the flexible open space option: 40%.
D. 
In the RD-C District, the provisions of Part 11 shall apply.
E. 
Where a tract of land falls into more than one zoning district, the open space requirement for the entire tract shall be calculated as the sum of that required in each district separately, without regard to ultimate geographic location of open space parcels relative to each zoning district.
2. 
Designated open space shall be owned and maintained in accordance with the provisions of § 27-2812.
3. 
Within the development area, the applicant shall demonstrate that the sewage disposal systems and water supply systems can operate and function in a safe and efficient manner and will support the number of lots or units proposed. In so doing, the applicant shall indicate how such systems will operate and be maintained to serve the needs of the residents of the development area and safeguard adjoining properties and residents.
4. 
No final plan shall be signed and recorded until all required permits for sewage disposal systems and water supply systems have been obtained by the applicant.
Where conditional use approval is required, the proposed development must conform to all standards and criteria for conditional uses in Part 29, § 27-2914, and all other parts, sections, ordinances and regulations referred to herein. If in the opinion of the Board of Supervisors, the proposed development does not conform to such standards and criteria, or to the requirements of this part, the application for the approval of the conditional use shall be denied.
[Ord. 94, 6/8/1988, § 2005; as amended by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1. 
When computing the number of lots or dwelling units permitted where the open space option is utilized, the following shall apply:
A. 
The maximum number of lots which may be permitted as a conditional use shall not exceed the hypothetical total which is computed by multiplying the net acreage of the lot by the appropriate multiplier stipulated below, after first excluding existing and proposed street, trail and utility rights-of-way and/or easements, and excluding 50% of any lands comprised of one or more of the following: floodplain, Class I, Class II and Class III steep slopes, wetlands, waters of commonwealth and waters of United States.
(1) 
In the RA District.
(a) 
Under the standard open space option: 0.8.
(b) 
Under the flexible open space option: 1.0.
(c) 
Under the bonus open space option: 1.2.
(2) 
In the RB District.
(a) 
Under the standard open space option: 0.45.
(b) 
Under the flexible open space option: 0.6.
(3) 
In the RD District.
(a) 
Under the flexible open space option: 1.6.
(4) 
Where a tract of land falls into more than one zoning district, the gross density of development permitted on the entire tract shall be calculated as the sum of the density calculations made for each district separately. Ultimate placement of dwelling units may reflect a uniform plan for the entire tract without regard to zoning district boundaries within the tract.
B. 
The actual number of lots or dwelling units which may be permitted will be governed principally by the following:
(1) 
The computation described in Subsection 1A, above.
(2) 
The minimum open space requirement set forth in § 27-2805, Subsection 1.
(3) 
The open space provisions of §§ 27-2810 and 27-2811, below.
(4) 
The use regulations set forth in § 27-2804, above, and the other performance standards set forth in § 27-2811, below.
(5) 
The ability of the applicant to demonstrate that proposed sewage disposal system(s) are viable, in accordance with all applicable regulations.
C. 
Any number which is derived from the calculation performed in accordance with Subsection 1A, above shall be rounded to a lower whole number whenever the product is not a whole number.
[Ord. 94, 6/8/1988, § 2006; as amended by Ord. 163, 2/4/1997, § 1.4; and by Ord. 195, 10/1/2002, § 1.4]
1. 
In the RD-C District, the area and bulk requirements set forth in Part 11 shall apply.
2. 
When the standard open space option is exercised and where individual on-site sewer and water service shall be provided, the area and bulk regulations for single-family detached dwellings, except as specified in Part 28 relative to setbacks, may be reduced as follows:
A. 
Minimum lot area-20,000 square feet, provided, however, Floodplain Conservation District areas as determined under Part 21, Steep Slope Conservation District areas as determined under Part 22, and wetlands as defined in § 27-202 shall not comprise more than 50% of the required minimum lot area.
B. 
Minimum lot width at building line: 100 feet.
C. 
Minimum lot width at street line: 50 feet.
D. 
Minimum depth of front yard: 50 feet.
E. 
Minimum depth of rear yard: 40 feet.
F. 
Minimum width of each individual side yard: 20 feet.
G. 
Maximum impervious surface coverage on any lot at determined under Subsection 4, below.
3. 
When the standard open space option is exercised and where community sewer and water service is provided, the area and bulk regulations for single-family detached dwellings, except as specified in Part 28, relative to setbacks, may be reduced as follows:
A. 
Minimum lot area-10,000 square feet, provided however, Floodplain Conservation District areas as determined under Part 21, Steep Slope Conservation District areas as determined under Part 22, and wetlands as defined in § 27-202 shall not comprise more than 50% of the required minimum lot area.
B. 
Minimum lot width at building line: 100 feet.
C. 
Minimum lot width at street line: 50 feet.
D. 
Minimum depth of front yard: 40 feet.
E. 
Minimum depth of rear yard: 30 feet.
F. 
Minimum width of each individual side yard: 15 feet.
G. 
Maximum impervious surface coverage on any lot as determined under Subsection 4, below.
4. 
When either the flexible open space option or the bonus open space option is exercised in accordance with conditional use approval, single-family attached and multifamily dwellings may be provided, in addition to single-family detached dwellings. For all permitted dwelling types, the following area and bulk regulations, except as specified in Part 28 relative to setbacks, shall apply:
A. 
Single-family detached dwelling units with community sewer and water systems shall meet the following standards:
(1) 
Minimum lot width at building line: 75 feet.
(2) 
Minimum lot width at street line: 35 feet.
(3) 
Maximum impervious surface coverage: 35%.
(4) 
Maximum building coverage: 15% or 2,000 square feet, whichever is greater.
(5) 
Minimum depth of front yard: 25 feet.
(6) 
Minimum depth of rear yard: 35 feet.
(7) 
Minimum side yard (individual): eight feet.
(8) 
Minimum side yard (aggregate): 20 feet.
B. 
Single-family attached or semidetached dwelling units shall meet the following standards:
(1) 
Maximum building coverage: 45% or 1,500 square feet, whichever is greater.
(2) 
Minimum depth of front yard: 20 feet.
(3) 
Minimum depth of rear yard: 20 feet.
(4) 
The length of any row of dwellings shall not exceed six dwelling units in any direction.
(5) 
No principal building shall be closer than 35 feet from any other principal building.
(6) 
No building shall be closer than 35 feet from the street line.
C. 
Minimum separation between buildings, except accessory buildings, at any point shall be not less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure.
D. 
Minimum separation between accessory buildings and the principal structures to which they are accessory at any point shall not be less than that prescribed by applicable provisions of the BOCA Code.
E. 
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet.
F. 
All proposed dwelling units in a development utilizing either the flexible or bonus open space option shall be situated so that they are set back a minimum of 50 feet from the pre-development perimeter boundary of the tract. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement.
G. 
Maximum length of any residential building, including rows of attached townhouses or other multifamily buildings, shall not exceed 160 feet. Residential buildings other than single-family detached shall comply with the architectural design provisions of § 27-2808, Subsection 1.
H. 
Maximum depth of any section of any residential building shall not exceed 75 feet.
I. 
Maximum impervious surface coverage on any lot as determined under this Subsection 5.
5. 
Maximum Impervious Coverage. Under any open space option, maximum impervious coverage limitations shall be established for each building lot and open space parcel in accordance with the following schedule:
A. 
Lots or parcels less than 20,000 square feet in area: 45%.
B. 
Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: 35%.
C. 
Lots or parcels greater than or equal to one acre and less than five acres in area: 25%.
D. 
Lots or parcels greater than or equal to five acres and less than 20 acres in area: 15%.
E. 
Lots or parcels greater than or equal to 20 acres and less than 50 acres in area: 10%.
F. 
Lots or parcels greater than 50 acres in area: 5%.
For purposes of determining maximum permitted impervious coverage in open space areas, contiguous open space parcels shall be considered as one parcel (i.e., three contiguous twenty-five-acre open space parcels will not each be permitted 10% coverage, but will be considered as one single seventy-five-acre parcel and will be permitted 5% coverage maximum).
[Ord. 94, 6/8/1988, § 2007; as amended by Ord. 163, 2/4/1997, § 1.4; and by Ord. 195, 10/1/2002, § 1.4]
1. 
Architectural Design Submission Requirements.
A. 
Where single-family attached and/or multifamily dwellings are proposed under the provisions of this part as part of a conditional use application, applicant shall provide drawings illustrating the general character of the intended exterior design of structures, including principal exterior materials. It is not the intention of the Township to govern specific architectural design nor to link development approval to any specific architectural design criteria. Rather, it is the purpose of this section to promote design for residential buildings larger than single-family homes in a manner which achieves one of the following design objectives:
(1) 
Complete visual screening when viewed from any public road due to intervening topographic changes, existing vegetation or landscaping introduced in accordance with §§ 27-2808 and 27-2809.
(2) 
Architectural form, mass, and use of materials in a manner which replicates proportional relationships and is visually reminiscent of traditional farmstead, hamlet or village building groups.
B. 
Where single-family attached and/or multifamily dwellings comprise residential structures in excess of 80 feet in length, applicant shall demonstrate sufficient variation in roofline and/or articulation of facade to mitigate the visual impact of long continuous building facades.
C. 
Where the Board of Supervisors determines that architectural design as presented by applicant is an essential means by which the proposed use complies with the objectives of this section, the Board may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character.
D. 
Applicant shall address proposed means of long-term maintenance of exterior building facades and landscaping to the satisfaction of the Board, for example, including where appropriate establishment of covenants and/or homeowners' association documentation. In granting approval of any conditional use, the Board may establish appropriate conditions to require provision for long term maintenance of exterior building facades and landscaping.
2. 
Special Provisions for Conservation of Historic Resources.
A. 
Historic resources shall be preserved to the greatest degree practicable, through incorporation into the development plans and design, including historic structures, ruins or sites, historic road or other transport races, paths and trails, and any other historic landscape features.
B. 
Density Bonus. In addition to the maximum permissible number of lots or dwelling units otherwise permitted under this section, applicant may provide dwelling units and lots therefor through the maintenance, renovation and/or adaptive reuse of structures included in the Bucks County Register of Historic Places subject to compliance with the standards in Subsection 1C, below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements.
C. 
Standards for Historic Resources Providing Bonus Density. Applicant shall comply with the following standards where maintenance, renovation and/or reuse of any structure included in the Bucks County Register of Historic Places is proposed in order to develop dwelling units in addition to the maximum otherwise permissible:
(1) 
Applicant shall demonstrate to the satisfaction of the Board of Supervisors that development or construction plans involving rehabilitation, alteration, or enlargement of any historical structure shall adequately conserve the historical integrity of such structures, particularly in terms of how they are viewed from any adjacent public street or road.
(2) 
Authentic period materials and color or appropriate replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way.
(3) 
Applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. Applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.
(4) 
Facilities and equipment for heating/air conditioning, trash collection and compaction, aboveground utilities and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.
(5) 
Applicant shall guarantee permanent adherence to these standards through establishment of appropriate deed restriction(s), conservation easement(s) or other agreement(s) in a form acceptable to the Township.
[Ord. 94, 6/8/1988, § 2008; as amended by Ord. 148, 9/7/1993, § 1, 2; by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § 1.4]
1. 
Locational Criteria. The following resources shall be considered appropriate for designation as open space:
A. 
Areas of Environmental Concern.
(1) 
Floodway, flood fringe and flood prone areas as set forth in Part 21.
(2) 
Areas of Class I, Class II and Class III steep slope as set forth in Part 22.
(3) 
Large specimen trees, woodland and forest areas and unique plants and vegetations.
(4) 
Surface water resources such as lakes, ponds, streams, springs and wetlands.
(5) 
Terrestrial and aquatic wildlife, habitat, especially nesting areas, wintering areas, biologically rich areas, vegetation edges and other significant natural areas and features.
(6) 
Unique geological features such as rock outcrops, unique landforms and other topographical features.
B. 
Historic and cultural sites and structures-land characterized by the presence of the following:
(1) 
Residential 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 or other recognized study.
(3) 
Prime agricultural soils. Class I, II and III as those terms are defined by the U.S.D.A. Soil Conservation Service regulations.
(4) 
Lands to be used for various passive recreational opportunities and pursuits.
(5) 
Lands relating to and adjoining the Delaware Division of the Pennsylvania Canal.
2. 
Special Criteria Applicable to Use of the Bonus Open Space Option. In order to qualify for the bonus open space option, no less than 60% of the required minimum open space area meeting all applicable criteria herein shall comprise one or more of the following resource areas:
A. 
Prime agricultural soils. Class I, II and III as defined and mapped in the 1975 Soil Survey of Bucks and Philadelphia Counties.
B. 
Woodlands and hedgerows mapped in the Township Comprehensive Plan. For the purposes of this section, the extent of area occupied by any woodland or hedgerow shall be measured from the outer-most drip line of all the trees within the woodland or hedgerow.
C. 
Lands adjoining and within 300 feet of:
(1) 
The right-of-way of any road designated as scenic or very scenic in the Township Comprehensive Plan.
(2) 
The designated boundaries of Historic Districts at villages on the National Register of Historic Places (Carversville, Phillip's Mill, Centre Bridge and Lumberville).
(3) 
The designated boundaries of the Delaware Division of the Pennsylvania Canal National Historic Landmark.
[Ord. 94, 6/8/1988, § 2009; as added by Ord. 163, 2/4/1997, § 1.4; and amended by Ord. 195, 10/1/2002, § 1.4]
1. 
When computing open space areas for purposes of determining compliance with this part, the following shall not be counted as open space:
A. 
Proposed and existing street, trail and/or utility easements.
B. 
Active recreation areas.
C. 
Detention and/or retention basins.
D. 
Permanent areas used for retail sales of agricultural products, or areas of uses accessory thereto. This shall not include the growing areas used for Christmas tree farms, pick-your-own farms and the like.
E. 
Parking areas or parking lots.
F. 
Yards, setbacks, and minimum lot areas for existing or proposed dwelling units, may not be counted as open space areas, unless they are part of a buffer area or buffer planting strip as required in accordance with § 27-2609, Subsection 8.
G. 
No more than 30% of the area to be used for approved sewage disposal systems involving surface and/or subsurface land application of domestic wastewater, subject to all applicable regulations governing such disposal of wastewater.
2. 
No more than 50% of the required open space shall be comprised by floodway, flood fringe, or flood prone areas, wetlands, Class I, Class II and Class III steep slopes, individually or in combination.
3. 
No more than 20% of the area set aside as open space may be regraded or disturbed, i.e., 80% of the open space must be left undisturbed.
[Ord. 94, 6/8/1988, § 2010; as added by Ord. 163, 2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1. 
Minimum Contiguous Area. At least 75% of the required open space shall be contiguous. In the remaining open space area(s), no open space parcel shall be less than three acres.
2. 
Minimum Parcel Width. The configuration of any parcel of open space shall provide for a minimum width of 250 feet.
3. 
Maximum Impervious Surface Coverage. The provisions of § 27-2807, Subsection 4, shall apply to all open space parcels.
4. 
Minimum Setback.
A. 
Any recreational or agricultural buildings or structures within the designated open space shall be located no less than 100 feet from the perimeter lot lines; and no less than 50 feet from any new lot line created within a tract, except for signs, fences, walls and the like.
B. 
Any other 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 fences, walls and the like.
5. 
Maximum Length of Culs-de-Sac or Single Access Roads. On parcels which are:
A. 
Twenty acres or less: 400 feet.
B. 
Twenty acres to 50 acres: 800 feet.
C. 
Greater than 50 acres: 1,200 feet.
6. 
Area Configuration.
A. 
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, and in accordance with § 27-2813, and the Township Subdivision and Land Development Ordinance [Chapter 22].
B. 
The open space designated within a development area 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 provided. Open space areas may be bisected by roads when approved by the Board of Supervisors.
C. 
When open space is available on adjacent parcels, 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, if possible.
D. 
All designated open space shall be accurately and conspicuously delineated, depicted and otherwise identified on the subject tract, and such open space shall be differentiated as to its type and area.
[Ord. 94, 6/8/1988, § 2011; as added by Ord. 163, 2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1. 
All open space shall be subject to a conservation easement which shall be held by a private conservation organization, or if there is no private conservation organization that is willing to accept the conservation easement to the Township, together with an endowment sufficient to provide for the ongoing monitoring and enforcement of the easement. The endowment and all costs of the preparation and recording of the easement and associated documentation shall be paid by the developer. The open space may be owned (subject to the aforementioned conservation easement) by:
A. 
The Township.
B. 
A homeowners' association.
C. 
A condominium association.
D. 
A private conservation organization.
The following specific requirements are associated with each of the various types of ownership:
A.
Dedication to the Township. The Township may, but shall not be required to, accept an offer of a deed of dedication provided that:
(1)
Such land is accessible to the residents of the Township.
(2)
There is no cost of acquisition.
(3)
The Township agrees to and has access to maintain such lands.
B.
Homeowners' association. A nonprofit homeowners' association established pursuant to Subsection 3.
C.
Condominium Association. The open space may be owned by a condominium association. All open space land shall be held as "common element" subject to the aforementioned conservation easement.
D.
Transfer to a Private Conservation Organization. With permission of the Township, the landowner or developer may transfer fee simple title to a private, nonprofit organization among whose purposes is to conserve open space land; provided, that:
(1)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(2)
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.
(3)
The conveyance contains appropriate provisions for reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.
(4)
A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.
E.
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.
2. 
If a homeowners' association is formed, it shall be governed according to the following regulations:
A. 
The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space, in a form acceptable to the Township.
B. 
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.
C. 
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
D. 
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 by-laws of the organization.
E. 
The organization shall be responsible for insurance and taxes on open space.
F. 
The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Board of Supervisors.
3. 
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 of lots within the development from which the open space was derived, 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.
A. 
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 thirty day or any extension thereof, the Township or contractors acting at its direction, 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 landowner or 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.
B. 
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 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 a Homeowners' association, or other entity which is involved.
C. 
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. The organization's agreement shall provide that these costs may be confessed against the property. The Township, at the time of entering upon said open space for the purpose of maintenance, may confess judgment in the office of the Prothonotary of Bucks County, upon the properties affected.
4. 
The landowner of any subdivision or land development which is proposed to contain open space or common open space shall arrange with the Bucks County Board of Assessment when applicable, a method of assessment of the open space which will allocate to each tax parcel in the subdivision 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 Supervisors.
[Ord. 94, 6/8/1988, § 2012; as added by Ord. 163, 2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1. 
In order to obtain conditional use approval under any open space option or to otherwise be granted approval for open space, any proposal shall reflect consideration of, and protective treatment toward the locational criteria listed in § 27-2809, Subsection 1, and, if the bonus open space option is chosen, the special criteria listed in § 27-2809, Subsection 2.
2. 
Inventory plans and maps and site analysis plans and maps required by § 27-2814, Subsection 1, shall include the location and significance of the natural and cultural features set forth in § 27-2809.
[Ord. 94, 6/8/1988, § 2013; as added by Ord. 163, 2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
Where open space is designated on a subdivision plan or is restricted from further subdivision and/or development by deed restriction and/or by a note on the subdivision plan, the open space shall not be further subdivided, regardless of an intervening zoning change.