Except to provide for permitted open space uses, designated
open space shall be restricted from further subdivision or development
by deed restriction, conservation easement, or other agreement in
a form acceptable to the Township and duly recorded in the office
of the Recorder of Deeds of Lancaster County. Subject to such permanent
restrictions, restricted open space land in any open space development
may be owned by a homeowners' association, the Township, a land trust
or other conservation organization recognized by the Township, or
by a similar entity, or may remain in private ownership.
A. Offer of dedication.
1.
The Township may, but shall not be required to, accept dedication
in the form of fee simple ownership of restricted open space land
provided:
a.
Such land is accessible to the residents of the Township;
b.
There is no cost of acquisition other than any costs incidental
to the transfer of ownership such as title insurance and recording
fees; and
c.
The Township agrees to and has access to maintain such lands.
2.
Where the Township accepts dedication of restricted open space
land that contains improvements, the Supervisors may require the posting
of financial security to ensure structural integrity of said improvements
as well as the functioning of said improvements for a term not to
exceed 18 months from the date of acceptance of dedication. The amount
of financial security shall not exceed 15% of the actual cost of installation
of said improvements.
B. Homeowners' association. The restricted open space land and associated
facilities may be held in common ownership by a homeowners' association.
The homeowners' association shall be formed and operated under the
following provisions:
1.
The developer shall provide a description of the homeowners'
association including its bylaws and methods for maintaining the open
space open space.
2.
The homeowners' association shall be organized by the developer
and operating with financial subsidization by the developer, before
the sale of any lots within the development.
3.
Membership in the homeowners' association shall be mandatory
for all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the homeowners' association
from the developer to homeowners shall be identified.
4.
The homeowners' association shall be responsible for maintenance
and insurance on common open space land, enforceable by liens placed
by the homeowners' association. Maintenance obligations also may be
enforced by the Township which may place liens to recover its costs.
Any governmental body with jurisdiction in the area where the development
is located may place liens on the owners of the open space to collect
unpaid taxes.
5.
The members of the homeowners' association shall share equitably
the costs of maintaining and developing such common land. Shares shall
be defined within the homeowners' association declaration or bylaws.
Homeowners' association dues shall be structured to provide for both
annual operating costs and to cover projected long-range costs relating
to the repair of any capital facilities (which shall be deposited
in a sinking fund reserved for just such purpose).
6.
In the event of a proposed transfer, within the methods here
permitted, of common open space land by the homeowners' association,
or of the assumption of maintenance of such land by the Township,
notice of such action shall be given to all property owners within
the development.
7.
The homeowners' association shall have or hire adequate staff
to administer common facilities and properly and continually maintain
the common open space land.
8.
The homeowners' association may lease open space lands to any
other qualified person, or corporation, for operation and maintenance
of such lands, but such a lease agreement shall provide:
a.
That the residents of the development shall at all times have
access to the open space lands contained therein (except that access
to land that is actively farmed shall be limited to times of the year
with the fields are fallow);
b.
That the common open space land to be leased shall be maintained
for the purposes set forth in this ordinance; and
c.
That the operation of open space facilities may be for the benefit
of the residents only, or may be open to the residents of the Township,
at the election of the developer and/or homeowners' association, as
the case may be.
9.
The lease shall be subject to the approval of the Board and
any transfer or assignment of the lease shall be further subject to
the approval of the Board. Lease agreements so entered upon shall
be recorded with the Recorder of Deeds of Lancaster County within
30 days of their execution and a copy of the recorded lease shall
be filed with the Secretary of the Township.
10.
Homeowners' association documentation demonstrating compliance
with the provisions herein shall be filed with the final subdivision
and land development plans. At the time of preliminary plan submission,
applicant shall provide draft homeowners' association documentation
with sufficient detail to demonstrate feasible compliance with this
section.
C. Condominiums. The restricted open space land and associated facilities
may be held in common through the use of condominium agreement(s),
approved by the Board of Supervisors. Such agreement shall be in conformance
with the Pennsylvania Uniform Condominium Act. All common open space
land shall be held as "common elements" or "limited common elements."
To the degree applicable, condominium agreement(s) shall comply with
the provisions of § 1206.2B above, set forth for homeowners'
associations. Condominium agreement(s) shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, applicant shall provide draft condominium agreement(s)
with sufficient detail to demonstrate feasible compliance with this
section.
D. Dedication of easements. The Township may, but shall not be required
to, accept easements for public use of any portion of portions of
restricted open space land, title of which is to remain in common
ownership by condominium or homeowners association, provided:
1.
Such land is accessible to Township residents;
2.
There is no costs of acquisition other than any costs incidental
to the transfer of ownership, such as title insurance; and
3.
A satisfactory maintenance agreement is reached between the
developer, condominium or homeowners association and the Township.
E. Transfer of easements to a private conservation organization. With
the permission of the Township, an owner may transfer easements to
a private, nonprofit, organization recognized by the Township, among
whose purpose it is to conserve open space and/or natural resources,
provided that:
1.
The organization is acceptable to the Board of Supervisors and
is a bona fide conservation organization with perpetual existence;
2.
The conveyance contains appropriate provision for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
3.
A maintenance agreement acceptable to the Board of Supervisors
is entered into by the developer and the organization.
F. Private ownership of restricted open space. Restricted open space
may be retained in ownership by the applicant or may be transferred
to other private parties subject to compliance with all standards
and criteria for restricted open space herein.
1. All or portions of the designated restricted open space, where permitted
by the Board of Supervisors, may be included within or divided among
one or more of the individual lots. Where deemed appropriate, the
Supervisors may require that responsibility for maintenance of restricted
open space be conferred upon and/or divided among the owners of one
or more individual lots.