A.
Purpose. The intent of this section is to encourage a residential development type that will:
(1)
Preserve open space and agricultural land by locating new residential units in close proximity to one another on a smaller portion of a parcel than would be the case with conventional development;
(2)
Preserve scenic vistas from public roads by concentrating development on the least visually prominent portions of the parcels;
(3)
Reduce disturbance of environmentally constrained areas, such as steep slopes, floodplains, and wetlands;
(4)
Require less impervious surface than necessary with conventional development by concentrating development in smaller areas, thus necessitating smaller road areas;
(5)
Reduce environmental impacts associated with disturbance of constrained areas and impervious coverage, such as erosion and sedimentation, pollutants in surface water, and decreased groundwater recharge.
B.
Qualifying conditions.
(1)
To be eligible for development under the open space development regulations, a site must, at a minimum:
(a)
Be located within the RHA, RC, RS or PHT District.
(b)
Be at least 10 acres in area within the RC, RS or PHT District, or at least 20 acres in area within the RHA District.
(c)
Consist of either:
[1]
A single parcel of land, or
[2]
Multiple contiguous, undivided parcels. In the case of multiple contiguous, undivided parcels, all applicable parcels shall be developed according to a single plan and with common authority and common responsibility. The Township may require evidence of an agreement between all owners of included parcels demonstrating binding commitment to common development of the parcels.
(d)
Be served by a centralized sewage disposal system and a centralized water supply system.
(2)
It shall be the complete responsibility of the applicant to prove to the satisfaction of the Township that a proposed development would meet the requirements and purposes of this section (Appendix).
D.
Lot size requirements.
(1)
Lots for Single-family detached dwelling within an Open Space Development must comply with the following minimum lot areas:
District | Lot Area (square feet) |
|---|---|
RHA | 20,000 |
RC | 10,000 |
RS | 7,500 |
PHT | 10,000 |
(2)
Within any open space development that is developed as condominium units, the total number of units permitted shall not exceed the amount that would be permitted if individual lots were proposed.
E.
Slope controls. In addition to the minimum lot areas specified above, residential lots within the Development Area of an Open Space Development shall also comply with the provisions of § 450-503, Slope controls, with the following exceptions:
(1)
The factor utilized in the calculation required under § 450-503C(1)(a) shall be the minimum lot area required in § 450-901D(1).
(2)
The factor utilized in the calculation required under § 450-503C(1)(b) shall be 1.5 acres.
(3)
The factor utilized in the calculation required under § 450-503C(1)(c) shall be 2.5 acres.
F.
Net density and area regulations.
(1)
Common Open Space. The amount of common open space provided in an Open Space Development shall be not less than 50% of the total tract area within the RC, RS or PHT District, or not less than 75% of the total tract area within the RHA District.
(2)
Development area.
(a)
The area(s) of the tract not designated as part of the Common Open Space area shall be designated on the plan as Development Area(s). Development Areas are all areas not designated as common open space and include (but are not limited to) building areas, yards, driveways, and roads.
(b)
Within a Development Area, single-family detached dwellings may be arranged so as to provide for individual lots for each unit, or may be arranged as condominiums. In either case, sufficient yard areas shall be set aside and designated on the plan, so that throughout the development the maximum net residential density shall not exceed four units per acre in any development area.
(c)
Within any development area that is developed as condominium units, rather than individual lots, the remaining area within development area (that area not containing structures, roads, driveways, etc.) shall be designated Local Open Space. Local Open Space shall remain separate from Common Open Space and its use shall be primarily for the residents of the development area in which it is located. Uses within Local Open Space areas shall be limited to yard area, landscape areas, walkways, and accessory structures allowed within that zoning district.
G.
Design standards. The following design standards shall apply to all Open Space Developments:
(1)
Site Design Principles. The location of common open space, dwellings, and site improvements shall be in accordance with all requirements of the Township of Spring Subdivision and Land Development Ordinance (Chapter 400) that are not specifically waived by this section (appendix). The following standards shall apply during the siting process:
(a)
Areas designated as common open space shall be configured so as to:
[1]
Minimize negative impacts of development upon the tract;
[2]
Maximize conservation of the site features identified as having particular conservation value, historical significance, or recreational value, including: mature trees, woodlands, hedgerows, fence lines, historic sites of structures, historic road or other transport traces, paths, trails, and other noted landscape features; and
[3]
Serve as buffer areas between grouped dwellings and adjacent tracts.
(b)
Dwellings and accessory buildings shall be configured so as to:
[1]
Be situated below ridgeline elevations to preserve existing vistas. To achieve this objective, dwellings and accessory structures should be sited entirely below the elevation of the nearest ridge line whenever possible. Where the applicant claims that dwellings and accessory structures cannot be situated below the ridgeline, it shall be the burden of the applicant to demonstrate why this cannot be achieved and how the proposed design creates the minimum possible disturbance of views of the ridgeline per the requirements of § 450-901I(2)(b)below;
[2]
Be located outside of environmentally constrained areas, including steep slopes in excess of 25% floodplains, wetlands and natural drainage swales;
[3]
Be located outside of broad, open vistas visible from roads or other public vantage points; and
[4]
Provide maximum views of and access to open space by residents of proposed dwellings.
[5]
Minimize the impact upon existing wooded areas.
(2)
Dimensional Standards. The following dimensional standards shall apply to all Open Space Developments:
(a)
All dwelling units within a tract must be set back a minimum of 100 feet from the nearest tract boundary line except where existing natural features of the site, including but not limited to woodland areas, changes in topography, hedgerows, or other site characteristics result in the dwelling unit being completely visually screened from the adjacent property and guarantees are provided through the planning process that such features will remain undisturbed, this setback may be reduced to 75 feet.
(b)
Building height shall be limited to 2 1/2 stories and 30 feet. To the extent that any portion of a structure must be located above a ridgeline elevation, such siting shall be contingent upon the submission and approval by the Board of Supervisors of a plan for the mitigation of such ridgeline impacts. Such plans shall identify the locations and dimensions of the proposed structure(s), the architectural style proposed, and shall demonstrate how the structure(s) shall be effectively screened from the adjacent tracts through screening and/or designed to minimize disruption of views of the ridgeline.
(c)
The minimum distance between single-family detached dwellings shall be 20 feet.
(d)
All structures shall be set back at least 25 feet from the curbline or edge of cartway of any internal access road.
(e)
All structures shall be set back at least 10 feet from the edge of any shared parking area except in the case of contiguous, adjacent driveways that lead to a garage or carport, for which no setback shall be required.
(f)
Where Common Open Space is designated as separate, noncontiguous parcels, no single parcel shall consist of less than one acre in area. No single area or portion of an area designated as Common Open Space shall be counted toward the minimum required open space wherever such area or portion of area is less than 150 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas.
H.
Uses allowed within Common Open Space Areas. The following uses shall be permitted within all common open space areas:
(1)
Natural Area, including but not limited to, steep slopes, woodland areas, meadows, wetlands, streams, game preserves, etc.;
(2)
Lawn, a grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance. Lawn shall only be allowed in those portions of the Common Open Space that do not contain any Environmentally Sensitive Areas;
(3)
Outdoor Recreation Area, either active or passive;
(4)
Sewage Treatment Facility involving land disposal and groundwater recharge facilities but excluding buildings and other aboveground structures associated with such facilities;
(5)
Stormwater management facilities or portions thereof that can be integrated into the natural environment, such as swales, retention ponds, etc.;
(6)
Agriculture, subject to the ownership mechanism, procedures and limitations under § 450-901I(2)(f), below.
I.
Common open space ownership and maintenance standards.
(1)
Development Plan. The development plan submission shall include documents creating and governing a property owner's organization and containing the declaration of covenants, restrictions, easements, charges and liens deemed necessary to own and maintain the common open space area(s), local open space area(s), and any recreation areas within the open space development.
(2)
Ownership options. Common open space shall be held under any one of the following forms upon receiving approval from the Board of Supervisors:
(a)
Homeowners' Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of the property owners within the open space development, each receiving an equal vote and responsibility. Such an organization shall not be dissolved nor shall it dispose of the common property and improvements unless transferred to another type of ownership permitted hereunder.
(b)
Condominium. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreement shall conform to the Pennsylvania Uniform Condominium Act. In such instance, all open space and improvements shall be held as a "Common Element."
(c)
Dedication of easements. The Township may at any time accept easements for the public use of any portion or portions of the common open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement, the Township shall enter into a maintenance agreement with the owners of the open space.
(d)
Transfer of easements to private conservation organization. Easements on common open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval of the Board of Supervisors. The conveyance of an easement shall contain appropriate provisions for the reversion to the Township at any time the property is not used pursuant to the intentions of this chapter. Prior to the transfer of an easement a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization.
(e)
Fee simple dedication. The Township may at any time accept dedication of all or part of the common open space for the use and maintenance by the Township as common open space.
(f)
Agricultural lease option. To encourage the retention of agricultural lands, the Township, Homeowners' Association or the Condominium Agreement may permit all or portions of the open space lands to be leased to a farmer. Approval of the lease option shall be conditioned on appropriate agreements between the titleholder and the farmer concerning permitted farming practices and use of the land in the event farming practices cease.
(3)
Homeowners' Association Regulations. The formation of a Homeowners' Association shall be governed according to the following regulations:
(a)
The applicant shall provide a description of the organization including its by-laws and methods for maintaining open space and improvements.
(b)
The organization is established by the applicant and operated with financial subsidization by the applicant prior to the sale of a percentage of the lots within the development, per § 450-901I(3)(d)below.
(c)
Membership in the organization is mandatory for all purchasers of homes and their successors.
(d)
Controlling interest shall not be conveyed from the applicant to the Homeowners' Association prior to completion and sale of at least 60% of the total number of units.
(e)
The organization shall be responsible for meeting insurance and tax obligations on the common open space and improvements.
(f)
Rights and duties of the members of the organization in the event of a breach of the covenants and restrictions shall be defined.
(g)
The by-laws shall include a statement, which grants to the Township such power, but not the duty, to maintain the common open space and common facilities, and to assess the cost of the same as provided within the Pennsylvania Municipalities Code.
(4)
Delinquency of maintenance.
(a)
In the event an organization or a condominium organization undertakes the responsibility of maintaining the common open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas.
(b)
Notices shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing shall take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties, may enter the common open space and improvements and maintain them for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall become a lien on the said properties and shall be perfected by filing in the office of the Prothonotary of Berks County.
J.
Additional requirements.
(1)
The proposed plan for an open space development shall comply with the applicable provisions of the Township's Subdivision and Land Development Ordinance (Chapter 400).
(2)
No individual residential driveways shall directly enter onto an arterial or collector street.
(3)
The Site Design Guidelines of § 450-409E shall be used as criteria to evaluate whether a proposal meets the intent of this section.
(4)
It is an intention of this section (appendix) to encourage a well-designed and complementary variety of architectural styles. As an additional submission criteria, the applicant shall submit preliminary general architectural sketches. These sketches are for informational purposes only.