A.
Areas designated as restricted open space shall be generally consistent
with the Township Comprehensive Plan.
1.
The location and layout of restricted open space shall be configured
so as to serve residents adequately and conveniently and to promote
conservation of the following resources to the greatest extent practicable:
a.
Any area designated for "conservation" on the Future Land Use
Map in the Township Comprehensive Plan.
b.
Prime agricultural soils.
c.
Scenic views from public roads and neighboring residential properties.
d.
Mature trees and woodland tree masses, hedgerows, native flowering
trees and shrubs, fencelines, rock outcoppings and other noted landscape
features.
e.
Lands adjoining and within 150 feet of any historic structure
mapped in the Township Comprehensive Plan.
f.
Lands mapped as areas of suspected archaeological significance
in the Township Comprehensive Plan.
2.
A portion of the designated restricted open space equal in area
to no less than 15% of the gross tract area shall exclude areas comprised
of designated flood hazard districts, wetlands, and slopes in excess
of 25%. [This provision is designed to ensure that a portion of the
open space land is appropriate for recreational purposes.]
3.
No portion of the designated restricted open space shall be
measured as contributing to the minimum required restricted open space
area or to any open space utilized in calculation of any density bonus
where:
a.
Within 25 feet of any structure except structures devoted to
permitted open space uses;
b.
Extending less than 100 feet in the narrowest dimension at any
point;
c.
Comprising stormwater management facilities. At the discretion
of the Board of Supervisors, areas devoted to stormwater management
facilities may be included within the minimum required restricted
open space area where the applicant can demonstrate to the satisfaction
of the Supervisors that such facilities are designed to:
i.
Promote recharge of the groundwater system;
ii.
Be available and appropriate for active or passive
recreational use or scenic enjoyment; and
iii.
Otherwise conform to the purposes, standards,
and criteria for open space set forth in this article.
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For example, a long low berm graded to reflect natural contour
could be designed to: 1) blend into the scenic landscape; 2) permit
passive recreational use over the top of it; 3) provide a relatively
large linear area for seepage of stormwater into the groundwater system.
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B.
Subject to the provisions of measurement of minimum required open
space stipulated herein, sewage service, stormwater management, and/or
water supply facilities may be located entirely or partially within
restricted open space areas. Where such facilities are so located,
easements satisfactory to the Supervisors shall be established to
require and enable maintenance of such facilities by the appropriate
parties.
C.
Areas designated for open space purposes may be used for any of the
following:
1.
Crop or pasture land, subject to submission of conservation
plan approved by the Lancaster County Conservation District;
2.
Woodland, meadow, wetlands, wildlife habitat, game preserve,
or similar conservation-oriented area;
3.
Public, common, or private park or outdoor recreation area;
4.
Land application of wastewater, where permitted in accordance
with the Township Sewage Facilities Plan, and where the Supervisors
are satisfied that adequate provision(s) for the long-term management
and maintenance of the wastewater system are guaranteed.
D.
Open space shall be interconnected with open space areas on abutting
parcels wherever possible including, where appropriate, provisions
for pedestrian pathways for general public use to create linked systems
within the Township.
E.
Where deemed appropriate by the Supervisors, open space areas shall
be provided with sufficient perimeter parking, and with safe and convenient
access by adjoining street frontage or other rights-of-way or easements
capable of accommodating pedestrian, bicycle, and maintenance and
vehicle traffic, and containing appropriate access improvements.
F.
At the discretion of the Supervisors, a portion of the required restricted
open space may be utilized to meet the requirements of the Township
Subdivision and Land Development Ordinance to the extent such open
space meets the specific requirements of that Ordinance.
G.
Where development under the open space development option is planned
to occur in two or more development phases, a proportionate amount
of designated restricted open space shall be permanently recorded
with each phase.
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:
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.
A.
Any application for conditional use approval of the open space design
option, under this article, shall contain a conceptual plan for the
long term management of the restricted open space which is to be created
as part of the development. Such a plan shall include a discussion
of (1) the manner in which the restricted open space will be owned
and by whom it will be managed and maintained; (2) the conservation,
land management and agricultural techniques and practices which will
be used to conserve and perpetually protect the restricted open space,
including conservation plan(s) approved by the Lancaster County Conservation
District where applicable; (3) the professional and personnel resources
that will be necessary in order to maintain and manage the property;
(4) the nature of public or private access that is planned for the
restricted open space; and (5) the source of money that will be available
for such management, preservation and maintenance on a perpetual basis.
The adequacy and feasibility of this conceptual management plan as
well as its compatibility with the open space resource protection
objectives of § 1206.1 shall be a factor in the approval
or denial of the conditional use application by the Board of Supervisors.
B.
The conceptual management plan shall be transformed into a more detailed
open space management plan and presented to the Township for review
and approval with the preliminary subdivision and/or land development
plan. The Supervisors may require that the management plan be recorded,
with the final subdivision and land development plans, in the Office
of the Recorder of Deeds of Lancaster County. In order to allow for
the changing needs inherent in the perpetual management of land, the
management plan shall contain a provision to the effect that it may
be changed by written application to the Board of Supervisors, so
long as the proposed change is feasible and consistent with the purposes
of preservation of open space set forth in this article and so long
as the plan for such change avoids a likelihood of the obligation
for management and maintenance of the land falling upon the Township
without the consent of the Supervisors, and the approval of the Board
of Supervisors in that regard shall not be unreasonably withheld or
delayed.
A.
All landscape improvements, plantings, accessways, and recreational
facilities within designated open space areas shall be provided by
the developer as applicable. Financial security shall be required
to cover costs of all installation of proposed improvements in the
open space area. The financial security shall be in the same form
and adhere to the same conditions as otherwise required for proposed
improvements under the Township Subdivision and Land Development Ordinance.[1]
B.
An appropriate portion of the financial security will be applied
by the Township should the developer fail to install the planting
or recreational facilities.
