[Amended 9-15-2022 by Ord. No. 2022-4; 12-7-2023 by Ord. No. 2023-7]
A. Purpose statement and intent.
(1) Within the UGA, it is the intent of the Township Board of Supervisors to:
(a) Provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development.
(b) Provide for a more varied, innovative, and efficient development pattern.
(c) Promote new development which complements existing uses, landscapes, and community character.
(d) Preserve unique, sensitive, and important natural features and landscapes on the site by locating new building sites in areas removed from such features and landscapes.
(e) Retain and protect the unique, sensitive, and important natural features and landscapes in public open space land within, near, and connected to residential development and other park, recreation, and open space areas.
(f) Provide for the orderly, appropriate and compatible preservation, growth, and development in Rapho Township, by incorporating the overall objectives and principles of, as well as seeking to implement portions of, the most recent version of the Comprehensive Plan, any regional open space, recreation, and greenway plan, or other applicable plan adopted by the Township of Rapho.
(2) While many of the following standards, criteria, and regulations deal with issues that typically transcend zoning jurisdiction, such standards, criteria, and regulations are provided as an optional set of "overlay" regulations for additional residential density bonuses in exchange for a larger portion of the site be preserved as public open space land, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township of Rapho.
(3) Relationship to other ordinances of the Township of rapho and sections of this chapter. The (OSDO) Zone has different use and design requirements from those contained in other sections of this chapter, the SLDO, and other ordinances of the Township of Rapho. Except for those requirements contained within Article
V of this chapter relating to Floodplain Overlay (FPO) Zone (§
350-402), to the extent the regulations, standards, and provisions of the (OSDO) Zone differs (is more or less restrictive) from other Township of Rapho requirements, those within the (OSDO) Zone shall govern. However, all other provisions of this and other ordinances of the Township of Rapho shall remain in full force.
B. Eligibility.
(1) Minimum size. The lot area of the tract proposed for an open space development shall be no less than 10 contiguous acres.
(2) Public water and public sewer service. The tract proposed for an open space design development shall be served by public water service and public sewer service.
C. Review process.
(1) General provisions.
(a) An open space design development shall be permitted when approved as a conditional use in accordance with the provisions of Article
IX of this chapter relating to conditional uses (§
350-906) and where the applicant, to the satisfaction of the Township Board of Supervisors, can demonstrate compliance with all standards, criteria, and regulations set forth in the (OSDO) Zone, unless otherwise modified per the terms of the (OSDO) Zone regulations.
(b) The applicant is strongly encouraged to submit a Sketch Plan in accordance with the SLDO, to the Township Planning Commission and to discuss the community development and open space resource conservation objectives with the Township Planning Commission prior to a conditional use application being formally submitted.
(2) Conditional use plan submission. At the time of application for conditional use approval, and in addition to the information required as part of the conditional use application set forth in Article
IX of this chapter relating to conditional uses (§
350-906), the applicant shall submit the following:
(a) Site data. Site data shall include the following:
[1] Proposed number, density, and type of dwellings and the total density for the entire proposed tract; and
[2] Proposed acreage and percentage of required public open space land.
(b) Landmarks within the proposed tract, including the location of all existing:
[1] Unique, sensitive, and important natural features and landscapes identified in the subsection below relating to public open space land standards (§
350-405F).
(c) All existing land uses and lot lines within 200 feet of the proposed tract, including the location of all:
[1] Unique, sensitive, and important natural features and landscapes identified and to the extent required in the subsection below relating to unique, sensitive, and important natural features and landscapes [§
350-405F(2)] only to the extent such information is available from publically available sources including but not limited to those listed in unique, sensitive, and important natural features and landscapes as well as the Lancaster County GIS data, USGS 7.5 feet, Lancaster County and municipal Comprehensive Plans.
(d) Conceptual Public Open Space Land Plan showing the potential layout, design, uses, facilities, and activities of the public open space land.
(e) Reports and other information. The following conceptual reports and information shall be submitted:
[1] A feasibility report on both sewer service and water service conforming to the requirements of the SLDO.
[2] A description of how stormwater management design complies with the provisions of the Township of Rapho stormwater requirements.
[3] A description of the general character of the intended exterior architectural design of all principal buildings to be constructed on lands as part of an open space design development in accordance with the standards, criteria, and regulations set forth in the (OSDO) Zone, including conceptual graphic architectural elevations of the principal buildings.
[4] An analysis of the suitability of the potential layout, design, uses, facilities, and activities of the public open space land which is to be created as part of the open space design development, as shown on the Conceptual Public Open Space Land Plan.
[5] A traffic impact study prepared in accordance with Article
V of this chapter relating to traffic impact study and street classifications (§
350-533), if applicable.
[6] A request for modification in accordance with the subsection below relating to modifications of standards, criteria, and regulations [§
350-405C(4)], if applicable.
(3) Revisions to approved development. The plan presented in support of the conditional use is an official part of the record for said conditional use. Such plan may be changed as part of approval under the SLDO, without the need to obtain conditional use approval of the plan change, provided that:
(a) To the extent that such change requires additional modification set forth in the subsection below relating to modification of standards, criteria, and regulations [§
350-405C(4)], conditional use approval of such modification is obtained prior to approval of the preliminary or final subdivision and/or land development plan, whichever applies.
(b) Such change does not increase the maximum density limitations set forth in the (OSDO) Zone.
(c) Such change does not decrease the minimum required percentage of public open space land set forth in the (OSDO) Zone.
(d) Such change does not increase the maximum lot coverage limitations set forth in the (OSDO) Zone.
(e) Such change does not increase the overall density beyond the density contemplated under the conditional use plan.
(f) Such change does not decrease the overall percentage of public open space land by more than 5% of the total percentage contemplated under the conditional use plan.
(g) Such change does not increase the overall lot coverage beyond the coverage by more than 5% of the total lot coverage contemplated under the conditional use plan.
(h) Such change does not alter the layout, location or design of the circulation system (streets, access drives, and bicycle, pedestrian and other similar pathways), residential uses or nonresidential uses, such that the revised layout is fundamentally different from the approved conditional use plan.
(i) The conditional use plan, as modified or changed, complies with the standards, criteria, and regulations set forth in the (OSDO) Zone {except to the extent that any modifications are granted for such changes set forth in the subsection immediately below relating to modification of standards, criteria, and regulations [§
350-405C(4)]}.
(4) Modification of standards, criteria, and regulations. The Township Board of Supervisors, by conditional use approval, may permit the modification of the standards, criteria, or regulations set forth in the (OSDO) Zone in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for an open space design development as required by the standards, criteria, and regulations of the (OSDO) Zone, also make application for conditional use approval under this subsection [§
350-405C(4)]. The Township Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use approval permitted for modification of any of the standards, criteria, or regulations set forth in the (OSDO) Zone shall be subject to the following standards:
(a) Such modification of standards, criteria, or regulations better serves or serves equally but in a different manner the intended purposes set forth in the (OSDO) Zone.
(b) The design and improvement of buildings, lots, or public open space land which shall contain the modifications hall be in harmony with the design and improvement of other lots or public open space land within the open space design development and shall not, through the use of the modification, be obviously different from, or inferior to, other lots within the open space design development.
(c) Such modification would not result in adverse impact to adjoining lots, nor future inhabitants within the open space design development, including but not limited to endangering the public health, safety or welfare by:
[1] Making access by emergency vehicles more difficult to dwellings;
[2] Violating the other purposes for which zoning ordinances are to be enacted under Section 604(1) of the MPC.
(d) Such modification will not result in configurations of buildings, lots, public open space land, or circulation systems (streets, access drives, and bicycle, pedestrian and other similar pathways) which shall be impractical or detract from the appearance of the open space design development.
(e) Such modification will not result in an increase in the maximum density limitations permitted for the site set forth in the (OSDO) Zone.
(f) Such modification will not result in a decrease in the minimum required percentage of public open space land for the site set forth in the (OSDO) Zone.
(g) The extent of such modification provides the minimum amount of relief necessary to ensure compliance with the subsection above relating to modification of standards, criteria, and regulations [§
350-405C(4)].
(h) Screening and landscaping, beyond the minimum required in Article
V of this chapter relating to screening and landscaping (§
350-526) may be required to be used to ensure the privacy of the future inhabitants of the dwellings within the open space design development and to attain the proposed use of the public open space land.
D. General open space design development standards.
(1) Permitted uses.
(a) See Table 4-5.2 in this subsection below for the types of uses permitted in the (OSDO) Zone as part of an approved open space design development set forth by this chapter:
Table 4-5.2 Permitted Uses - Open Space Design Development |
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Use | Open Space Design Development Parent Tract Lot Area |
|---|
0.00 to 9.99 Acres | 10 Acres and Greater |
|---|
Residential Uses |
Conversion, multiple-family | NP | P |
Conversion, two-family | NP | P |
Multiple-family dwelling | NP | P |
Single-family attached dwelling | NP | P |
Single-family detached dwelling | P | P |
Single-family semidetached dwelling | NP | P |
Two-family detached dwelling | NP | P |
Nonresidential uses |
Neighborhood center | P | P |
Public open space land uses set forth in the subsection below relating to public open space permitted land uses [§ 350-405F(3)] | P | P |
Specific Accessory Uses |
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone. | P | P |
NOTES: |
|---|
N/A | Not applicable |
P | Permitted as part of a proposed open space design development |
NP | Not permitted as part of a proposed open space design development |
(b) Additional requirements for specific nonresidential uses.
[1] Neighborhood center.
[a] Within a neighborhood center, the following uses shall be permitted:
[i] Commercial uses.
[A] Bank or other similar financial institution;
[B] Dry cleaner, laundry, and laundromat;
[C] Office, professional and business;
[ii] Institutional/civic uses.
[iii] Other use which the Township Board of Supervisors determines during the conditional use approval process is substantially similar to the permitted uses in the subsections above {§
350-405D(1)(b)[1][a]}.
[b] The applicant may list a proposed range of uses that will be allowed. If such range of uses is approved as part of the conditional use approval, then each such use shall become permitted by right, provided the use and development conforms to the conditional use approval.
[c] Maximum size. The neighborhood center shall not exceed 5,000 square feet of gross floor area.
(2) Area and bulk requirements.
(a) Minimum required public open space land. See Table 4-5.3 in this subsection below for the minimum required percentage of public open space land of the lot area (gross acreage) of the tract proposed for an open space design development, as stipulated for the applicable base zone. The public open space land shall comply with all standards, criteria, and regulations for the public open space land established in the subsection below relating to public open space land standards (§
350-405F).
Table 4-5.3 Minimum Required Public Open Space Land - Open Space Design Development |
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Zone | Minimum Amount of Public Open Space Land |
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(R-1) Zone | 50% |
(b) Maximum permitted density calculation. See Table 4-5.4 in this subsection below for the maximum permissible number of lots or dwelling units on any tract proposed for an open space design development which shall be calculated by multiplying the lot area of the tract proposed for an open space design development by the density multiplier stipulated for the applicable base zone:
Table 4-5.4 Maximum Permitted Density - Open Space Design Development |
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Zone | Maximum Permitted Density Multiplier for Open Space Design Development |
|---|
Tract Lot Area 0.00 to 14.99 Acres | Tract Lot Area 15 Acres and Greater |
|---|
(R-1) Zone | 2 | 121 |
NOTES: |
|---|
1 | On tracts with lot areas of 15 acres or greater, where buildings for multiple-family dwellings are proposed, the maximum density may be increased to 15 on that portion of the tract devoted to such dwellings, and the maximum permitted height for multiple-family dwellings buildings may be increased to not more than 45 feet. |
(c) Fractional results of density multiplier. When determination of the amount of permitted density results in a fraction less than 1/2, the fractional result shall be rounded down and disregarded; and any fraction 1/2 or greater, the fractional result shall be rounded up and interpreted as one whole dwelling unit.
(d) The applicant is advised that the maximum number of dwelling units calculated under the provisions in the subsection above relating to Maximum Permitted Density Calculation [§
350-405D(2)(b)] may not always be achievable while meeting the minimum requirements for public open space land and all other standards, criteria, and regulations set forth in the (OSDO) Zone.
(e) Area and bulk requirements. Within an open space design development, no minimum lot area is prescribed; rather, the following lot, setback and yard area regulations shall apply to any principal residential building or any other building. At the time of conditional use application, the applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible:
[1] Minimum building separations. See Table 4-5.5 in this subsection below for the minimum building separation distance:
Table 4-5.5 Minimum Building Separation Distances - Open Space Design Development |
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From | To | Minimum Building Separation Distance at any One Point (feet) |
|---|
Rear wall of principal building | Another principal building | 50 |
Front or side wall of principal building | Another principal building | 20 |
Accessory building | Principal building to which it is accessory (e.g., on the same lot) | 20 |
Accessory building | Principal building to which it is not accessory (e.g., not on the same lot) | 50 |
[2] Where any portion of a building wall is located less than five feet from any lot line, the placement and design of windows and doors on such building wall shall ensure privacy for adjacent properties. Privacy is maintained by orienting windows and doors away from sight lines (e.g., above or out of view into adjacent yards or opposing windows or doors of adjacent buildings) or by using obscure glass.
[3] Where any portion of a building is located less than five feet from any lot line, a perpetual easement shall be provided for maintenance of such building, and measuring no less than 10 feet in width from the affected walls, which may be provided on the adjacent lot as applicable. This provision shall not apply to any lot line which separates two-family, single-family attached, single-family semidetached, or multiple-family dwelling units on the interior of the same principal building.
[4] Except as provided under the subsection immediately below for principal buildings {§
350-405D(2)(e)[5]}, there shall be a minimum and maximum front build-to line, in which no principal building shall be closer than 15 feet nor farther than 20 feet from the street right-of-way or the outside edge of the curb for an access drive. Additionally, no less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line; except, however, no less than 50% of any single-family attached or multiple-family dwelling building must be located on the front build-to line. Front build-to lines shall be measured between the street right-of-way line or the outside edge of the curb for access drives and the closest facade of the building, including porches. No part of any building shall extend closer to a street or access drive than the minimum front build-to line.
[5] All proposed buildings and dwelling units in an open space design development shall be situated so that they are set back a minimum distance from the predevelopment perimeter boundary of the tract proposed for an open space design equal to the applicable minimum setback dimension under the applicable base zone. Existing buildings and dwellings resulting from the conversion of existing buildings, existing prior to November 7, 2013, shall comply with Article
VII of this chapter relating to expansion or alteration (§
350-704).
[6] Maximum building dimensions. See Table 4-5.6 in this subsection below for the maximum building dimension regulations:
Table 4-5.6 Maximum Building Dimensions - Open Space Design Development |
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Use | Maximum Building Width (feet) | Maximum Building Depth (feet) |
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Buildings1 | 160 | 75 |
NOTES: |
|---|
1 | Existing buildings and dwellings resulting from the conversion of existing buildings, existing prior to November 7, 2013, shall be exempt from these requirements. |
[7] Maximum height. The maximum permitted height shall be 45 feet.
[8] Additional requirements for specific residential building types.
[a] Residential conversions. All buildings used as part of multiple-family conversions or two-family conversions shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
[b] Single-family attached buildings.
[i] The maximum number of dwelling units within one building shall be eight.
[ii] The minimum width of an individual single-family attached dwelling unit shall be 24 feet.
[iii] No more than two contiguous dwelling units shall have the same, identical:
[A] Front yard setbacks and front building wall lines that are generally parallel; otherwise, there shall a minimum variation distance of two feet; and
[B] Roof lines that generally parallel the ground along the same horizontal plane.
[9] Maximum permitted lot coverage. See Table 4-5.7 in this subsection below for the maximum lot coverage regulations for the buildable portion of the open space design development tract and public open space land parcel:
Table 4-5.7 Maximum Lot Coverage - Open Space Design Development |
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Lot Area | Maximum Lot Coverage |
|---|
Buildable portion of the open space design development tract | 70% |
Public open space land parcel | 10% |
[10] While conformance to these area and bulk regulations set forth in the subsections above [§
350-405D(2)(e)] is not dependent upon any specific minimum lot area or dimensions, in the course of conditional use approval, the applicant shall be required to demonstrate to the satisfaction of the Township Board of Supervisors that any lots established under the standards, criteria, and regulations set forth in the (OSDO) Zone are of appropriate size and shape relative to the following:
[a] Establishment of suitable private yard areas for all residences; but no private yard area, exclusive of buildings, shall be less than 400 square feet per dwelling unit for single-family and two-family dwellings;
[b] The proposed use of and activities upon any adjacent public open space land;
[c] All principal buildings shall comply with the architectural design provisions of the subsection below relating to architectural design [§
350-405E(1)].
(3) Off-street parking. Off-street parking shall be provided for in accordance with Article
V of this chapter relating to off-street parking (§
350-520), with the exception that the minimum required spaces associated with the multiple-family dwelling use, as set forth in Table 5-20.1 of §
350-520, shall be as follows:
Multiple-family dwelling | 2.2 spaces per dwelling unit |
(4) Fences and walls. Fences and walls shall be permitted in accordance with Article
V of this chapter relating to fences and walls (§
350-509), with the exception that §
350-509E(2) shall not be applicable to walls in the OSDO Zone and the following subsections shall be applicable to walls in the OSDO Zone in place of §
350-509E(2):
(a) Six feet in any side or rear yard; provided, however, the Township Board of Supervisors may, as part of an application for conditional use approval for an open space design development submitted in accordance with §
350-405C(1)(a), permit the erection of a wall to a height more than six feet in any side or rear yard subject to demonstrating compliance with the following criteria:
[1] Compliance with the PA UCC, latest edition as amended.
[2] Signed and sealed design calculations by a qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania. The design and calculations shall be based upon soils and site conditions at the proposed project site as determined by on-site soils testing and analysis.
[3] Pedestrian fencing, a minimum of 48 inches high as measured from the top of the wall, shall be provided along all the top of walls. Fencing shall be designed to discourage climbing by pedestrians. The wall design shall include all loads associated with the fence. All fencing shall be maintained in a first-class condition.
[4] Guiderails designed in accordance with PennDOT criteria shall be provided immediately adjacent to any street, access drive or parking space within 15 feet of any wall. The guiderail shall be designed to prohibit any vehicle from leaving the street, access drive or parking space and striking or damaging any wall. The wall design shall include all loads associated with the guiderail. All guiderails shall be maintained in a first-class condition.
E. Additional building and development design standards.
(1) Architectural design. It is not the intention of the Township of Rapho to govern specific architectural design nor to link conditional use approval to any specific architectural design criteria. Where the Township Board of Supervisors determine that architectural design as presented by the applicant is an essential means by which the open space design development complies with the objectives set forth in the (OSDO) Zone, the Township Board of Supervisors may require, as a condition of approval, legally binding assurances in a recordable form acceptable to the Township of Rapho that ensures ongoing and future compliance with these architectural design requirements.
F. Public open space land standards. The location, layout, design, uses, facilities, and activities of the public open space land shall comply with the following standards, criteria, and regulations so as to serve Township residents adequately and conveniently and to promote conservation of the unique, sensitive, and important natural features and landscapes.
(1) Consistency with adopted plans. The public open space land shall be generally consistent with the most recent version of the Township Comprehensive Plan, any regional open space, recreation, and greenway plan, or other applicable plan adopted by the Township of Rapho.
(2) Unique, sensitive, and important natural features and landscapes. The public open space land shall be configured to promote conservation of the following unique, sensitive, and important natural features and landscapes, to the extent feasible. It is not the intention of the Township of Rapho to require the preservation of all of the following unique, sensitive, and important natural features and landscapes:
(a) Natural watercourses and riparian corridors. Natural watercourses, and riparian corridors as set forth in Article
V of this chapter relating to riparian corridors (§
350-524);
(b) Floodplains. Floodplains as set forth in Article
IV of this chapter relating to Floodplain Overlay (FPO) Zone (§
350-402);
(c) Wetlands. Wetlands delineated by the National Wetlands Inventory (NWI).
(d) Karst topographical hazards. Lands adjoining and within 100 feet of karst topographical hazards. Karst topographical hazards are limited to:
[3] Lineaments in carbonate areas;
(e) Rock outcroppings and unique geologic features. Rock outcroppings, and all lands adjoining and within 100 feet of unique geologic features. Unique geologic features consists of those areas listed in the Pennsylvania Geological Survey's publication, Outstanding Scenic Geological Features of Pennsylvania (Part 1 and 2);
(f) Natural steep slopes. Natural steep slope areas consist of contiguous areas of at least 3,000 square feet with a slope greater 25%;
(g) Highly erodible soils. Highly erodible soils consist of soils:
[1] Labeled as Soil Capability Classes VI or Class VII in the Soil Survey; or
[2] Having an Erosion Factor K of 0.40 or greater, as listed in Table 16 of the Soil Survey.
(h) PHMC Identified Historic and Archeological Resources;
(i) Natural heritage areas. Lands adjoining and within 50 feet of natural heritage areas as identified in the most recent version of the Natural Heritage Inventory of Lancaster County;
(j) Designated park, recreation, and open space land. Lands adjoining and within 150 feet of any designated park, recreation, and open space land areas;
(l) Wildlife and natural habitats.
(3) Public open space permitted land uses. See Table 4-5.8 in this subsection below for the permitted uses for which the public open space land may be used:
Table 4-5.8 Public Open Space Permitted Land Uses - Open Space Design Development |
|---|
Use | Permitted Use of Public Open Space Land |
|---|
Conservation areas | P |
Crops/gardening | P |
Municipal-owned uses | P |
Parks/playgrounds | P |
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone. | P |
(4) Stormwater management facilities.
(a) Except as may be provided in the subsection immediately below [§
350-405F(4)(b)], no more than 15% of the public open space land shall consist of stormwater management facilities. All stormwater management facilities permitted to be located in public open space land shall be limited to approved stormwater/water quality BMPs complying with the provisions of the Township of Rapho stormwater requirements. Such stormwater management facilities shall be owned and maintained by an approved homeowners' association or other entity approved by the Township Board of Supervisors.
(b) At the discretion of the Township Board of Supervisors, more than 15% of the public open space land may be devoted to stormwater management facilities where the applicant can demonstrate to the satisfaction of the Township Board of Supervisors that such facilities:
[1] Are designed:
[a] As approved stormwater/water quality BMPs;
[b] To promote recharge of the groundwater system;
[c] To be available and appropriate for active or passive recreational use or scenic enjoyment; and
[2] Otherwise conform to the purposes standards, criteria, and regulations for public open space land set forth in the (OSDO) Zone.
[3] Are owned and maintained by an approved homeowners' association, condominium, or other entity approved by the Township Board of Supervisors.
(5) Sewage service and water supply facilities and essential services. Subject to the provisions of measurement of minimum required public open space land stipulated in the (OSDO) Zone, underground sewage service and water supply facilities, along with other underground or overhead essential services, may be located entirely or partially within the public open space land. Where such facilities are so located, easements satisfactory to the Township Board of Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties.
(6) Layout and design of public open space permitted land. The layout and design of the required public open space land shall include:
(a) At least 1/2 of the lots or dwelling units in an open space design development shall directly adjoin or face the required public open space land across a street or access drive; and all lots or dwelling units shall be within 400 feet of the required public open space land.
(b) A centrally located access point to the required public open space land, with a minimum width of 35 feet, shall be provided for every 15 lots or dwelling units.
(c) At least one side of the required public open space land shall adjoin a street or access drive for a minimum distance of 50 feet and suitable for access of emergency and maintenance vehicles.
(d) The required public open space land shall be located near and interconnected with park/recreation or open space areas on adjoining parcels wherever possible including, where appropriate, provisions for trails and pathways for general public use to create linked systems within Rapho Township and surrounding municipalities.
(7) Areas and features not qualifying for public open space land.
(a) No portion of the public open space land shall be measured as contributing to the minimum required public open space land or to any public open space land utilized in calculation of any density bonus where:
[1] Within 25 feet of any building except buildings devoted to public open space permitted land uses.
[2] Extending less than 100 feet in the narrowest dimension at any point, except as provided in the subsection immediately below [§
350-405F(7)(b)].
(b) Where deemed appropriate by the Township Board of Supervisors, public open space land may have a dimension less than 100 feet if such areas contain at least one of the following amenities:
[3] Picnic table and bench; or
[4] Any other amenity as requested by Township Board of Supervisors and agreed to by applicant.
(8) Perimeter parking and street frontage and access. Where deemed appropriate by the Township Board of Supervisors, the required public open space land 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, maintenance, vehicle, and other traffic, and containing appropriate access improvements.
(9) Coordination with SLDO park and recreation land dedication requirements. Open space design developments providing the minimum amount of required public open space land as required by the (OSDO) Zone shall not be required to provide additional park and recreation land or fees in lieu of in accordance with the SLDO.
(10) Development in phases. Where an open space design development is planned to occur in two or more development phases, all of the required public open space land shall be offered for dedication, and permanently recorded the first phase.
(11) Analysis and required public open space land plan.
(a) In designing and providing for the public open space land and associated facilities, in addition to the need, adequacy, and feasibility of the proposed location, layout, design, uses, facilities, and activities, the following shall be considered:
[1] Compatibility with the public open space resource protection objectives set forth in the subsection above relating to public open space land standards (§
350-405F); and
[2] The park and recreation facility needs of the Township, and the area adjacent to the proposed open space design development and the public open space land.
(b) Any application for an open space design development shall contain a conceptual plan for the long-term management of the public open space land which is to be created as part of the open space design development.
[1] At a minimum, such a plan shall include a discussion of the:
[a] Manner in which the public open space land will be owned and by whom it will be managed and maintained;
[b] Conservation and land management techniques and practices which will be used to conserve and perpetually protect the public open space land, including a conservation plan in accordance with Article
V of this chapter relating to conservation plans (§
350-506), where applicable;
[c] Professional and personnel resources that will be necessary in order to maintain and manage the property;
[d] Nature of public access that is planned for the public open space land; and
[e] Source of money that will be available for such management, preservation and maintenance on a perpetual basis.
[2] The adequacy and feasibility of this conceptual management plan, as well as its compatibility with the open space resource protection objectives set forth in the subsection above relating to public open space land standards (§
350-405F) shall be a factor in the approval or denial of the conditional use application by the Township Board of Supervisors.
(c) The conceptual management plan shall be transformed into a more detailed public open space land management plan and presented to the Township of Rapho for review and approval with the preliminary subdivision and/or land development plan. The Township Board of 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 Township Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of open space land set forth in the (OSDO) Zone 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 of Rapho without the consent of the Township Board of Supervisors, and the approval of the Township Board of Supervisors in that regard shall not be unreasonably withheld or delayed.
G. Standards for ownership of public open space land.
(1) Except to provide for permitted public open space area land uses, public open space land shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township of Rapho and duly recorded in the office of the Recorder of Deeds of Lancaster County. Subject to such permanent restrictions and the requirement that the public open space land and associated facilities be open and accessible to the residents of Rapho Township, public open space land in any open space design development may be owned by the Township Board of Supervisors, a homeowners' association, 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 of Rapho may, but shall not be required to, accept dedication in the form of fee simple ownership of the public open space land, provided:
[a] Such land is open and accessible to the residents of Rapho 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 of Rapho agrees to and has access to maintain such lands.
[2] Where the Township of Rapho accepts dedication of the public open space land that contain improvements, the Township Board of 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 public 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 public open space land.
[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 open space design 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 developer to homeowners shall be identified.
[4] The homeowners' association shall be responsible for maintenance and insurance on the public open space land, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the Township of Rapho, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the open space design development is located may place liens on the owners of the public open space land 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 purposes).
[6] In the event of a proposed transfer, within the methods here permitted, of public 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 open space design development.
[7] The homeowners' association shall have or hire adequate staff or professional consultant to administer common facilities and properly and continually maintain the public open space land.
[8] The homeowners' association may lease the public open space land 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 Rapho Township shall at all times have access to the public open space land and associated facilities contained therein; and
[b] The public open space land to be leased shall be maintained for the purposes set forth in the (OSDO) Zone and this chapter.
[9] The lease shall be subject to the approval of the Township Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Township Board of Supervisors. 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 of Rapho.
[10] Homeowners' association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and/or land development plans. At the time of preliminary plan submission, the applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with the standards, criteria, and regulations set forth in the (OSDO) Zone.
(c) Condominiums. The public open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Township Board of Supervisors. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act. All public 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 the subsection above [§
350-405G(1)(b)], set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and/or 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 the standards, criteria, and regulations set forth in the (OSDO) Zone.
(d) Transfer of easements to a private conservation organization. With the permission of the Township Board of Supervisors, an owner may transfer easements to a private, nonprofit, organization recognized by the Township of Rapho, among whose purpose it is to conserve open space and/or natural resources, provided that:
[1] The organization is acceptable to Township 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 event that organization becomes unwilling or unable to continue carrying out its functions;
[3] A maintenance agreement acceptable to the Township Board of Supervisors is entered into by the developer and the organization; and
[4] The public open space land and associated facilities are open and accessible to the residents of Rapho Township.
(e) Private ownership of public open space land. Public open space land may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards, criteria, and regulations for public open space land set forth in the (OSDO) Zone, and open and accessible to the residents of Rapho Township. All or portions of the designated public open space land, where permitted by the Township Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Township Board of Supervisors may require that responsibility for maintenance of the public open space land be conferred upon and/or divided among the owners of one or more individual lots.
(2) Public open space land financial security for completion.
(a) All landscape improvements, plantings, accessways, trails, and recreational facilities within the public open space land shall be provided by the developer as applicable. Financial security shall be required to cover costs of all installation of proposed improvements in the public open space land. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the SLDO.
(b) An appropriate portion of the financial security will be applied by the Township of Rapho should the developer fail to install the landscape improvements, plantings, accessways, trails, and recreational facilities.
(3) Public open space land financial security for maintenance. Where the Township of Rapho accepts dedication of the public open space land that contain improvements, the Township Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the SLDO.
