A.
Residential
subdivisions and mobile home parks with open space shall meet the
open space requirements of this chapter. The plan shall contain or
be supplemented by such material as required to establish the method
by which open space shall be perpetuated, maintained and administered.
The approval of the final plan and other materials shall be construed
as a contract between the landowner(s) and the Township, and shall
be noted on all applicable deeds.
B.
Open space
shall not include land occupied by nonrecreational buildings or structures,
roads or road rights-of-way, parking areas for nonrecreational uses
or land reserved for future parking areas for nonrecreational uses,
stormwater detention or retention basins, or the yards or lots of
dwelling units.
C.
Open space
set aside may include natural features with a 100% protection standard.
Recreation land may contain impervious surfaces. Such impervious surfaces
shall be included in the calculation of the impervious surface ratio.
All land held for open space shall be so designated on the subdivision
and land development plans. Such plans shall contain the following
information:
A.
A statement
that the open space land shall not be separately sold or further subdivided,
except for transfer to the Township or a conservation organization
approved by the Township; and a statement that the open space land
shall not be further developed, except for recreational facilities.
B.
The use(s)
of the open space shall be indicated on the plans. In designating
the use(s), one or more of the following classes may be used:
(1)
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 ensure
a neat and orderly appearance.
(2)
Natural
area: an area of natural vegetation undisturbed during construction,
or replanted. Such areas may contain pathways. Meadows shall be maintained
as such and not left to become weed-infested. Maintenance may be minimal,
but shall prevent the proliferation of weeds and undesirable plants
such as honeysuckle and poison ivy. Litter, dead trees, and brush
shall be removed, and streams shall be kept in free flowing condition.
(3)
Recreation
area: an area designated for a specific recreational use including
but not limited to tennis courts, basketball courts, swimming pools,
play fields, and tot-lots. Such areas shall be maintained so as to
avoid creating a hazard or nuisance, and shall perpetuate the proposed
use.
C.
The type
of facilities to be provided and the extent of proposed improvements
shall be noted on the plans, including a planting plan and schedule.
All open space areas shall provide a method of physically delineating
private lots from open space areas. Such method may include shrubbery,
trees, markers, or other method acceptable to the Township.
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 177, Subdivision and Land Development.
Any of the following methods may be used to preserve, own, or
maintain open space: condominium, homeowners' association, dedication
in fee simple, dedication of easements, or transfer to a private conservation
organization. The following specific requirements are associated with
each of the various methods:
A.
Condominium.
The open space may be controlled through the use of condominium agreements.
Such agreements shall be in conformance with the Pennsylvania Uniform
Condominium Act of 1980, as amended,[1] all open space land shall be held as "common element."
Such land shall not be eligible for sale to another party except for
transfer to another method of ownership permitted under this section,
and then only where there is no change in the open space ratio.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
C.
Fee-simple
dedication. The Township may, but shall not be required to, accept
any portion or portions of the open space provided the following conditions
are met:
(1)
Such
land shall be freely accessible to the public.
(2)
There
shall be no cost to the Township.
(3)
The
Township agrees to and has access to maintain such lands.
(4)
The
open space shall be in an acceptable condition to the Township at
the time of transfer with regard to size, shape, location, and improvement.
D.
Dedication
of easements. The Township or county may accept, but shall not be
required to accept, easements to any portion or portions of the open
space. In such cases, the land remains in the ownership of the individual,
condominium, or homeowners' association while the easements are held
in public ownership. The county shall accept the easements only in
accordance with the provisions of Act 442 and county plans. The Township
may accept such easements as it sees fit. In either case, there shall
be no cost to the county or Township for acquisition or maintenance.
The Township may require this method where it seems this is the most
appropriate way of preserving land in open space.
E.
Transfer
to a private conservation organization. With permission of the Township,
an owner may transfer either the fee-simple title, with appropriate
deed restrictions running in favor of the Township, or easements,
to a private, nonprofit organization, among whose purposes is to conserve
open space land and/or natural resources, provided that the following
conditions are met:
(1)
The
organization is acceptable to the Township 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.
(3)
A
maintenance agreement acceptable to the Township is entered into by
the developer and the organization.
F.
Deed restrictions.
(1)
Buffer
yards as required by this chapter may be held in the ownership of
the individual property owners of residential developments. This form
of ownership of open space will be subject to the following requirements:
(a)
This form of ownership will be limited to buffer yards.
(b)
It may be used only if approved by the Township.
(c)
Restrictions meeting Township specifications must be placed in the
deed for each property that has buffer yards within its boundaries.
The restrictions shall provide for the continuance of the buffer yard
in accordance with the provisions of this chapter.
(d)
It will be clearly stated in the individual deeds that the maintenance
responsibility lies with the individual property owner.
(2)
For
nonresidential uses, buffer yards and areas of natural resources features
may be held with the ownership of the entire parcel provided the buffer
yards and natural features are deed restricted to ensure their protection
and continuance.
(3)
In
the case of residential developments where all of the units are rental,
the open space land may be in the same ownership as that of the development,
provided that the land is deed restricted to ensure its protection
and continuance and that a maintenance agreement suitable to the Township
is provided.
(4)
For
any of the above options, the Township may accept, but is not required
to accept, an easement to the open space land in the development.
Unless otherwise agreed to by the Township or county, the cost
and responsibility of maintaining open space shall be borne by the
property owner, condominium association, or homeowners' association.
If the open space is not properly maintained, the Township may assume
responsibility of maintenance and charge the property owner, condominium
association, or homeowners' association a fee which covers maintenance
costs, administrative costs, and penalties as stipulated in this chapter.
