For the purpose of this chapter, the following regulations shall govern each district:
A. 
Lots of record. In the event that any lot is held of public record in single and separate ownership on the effective date of this chapter, which shall not be of sufficient size or dimension to permit the erection of a building thereon in accordance with the requirements of this chapter, and provided that the Zoning Hearing Board shall find that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms, the Zoning Hearing Board may specify so that the minimum and maximum regulations of the district shall be met as closely as possible.
B. 
Subdivision plan of lots of record. A lot which does not conform to the minimum and maximum regulations of the district in which it is located and which is included in a recorded plan of lots heretofore approved by the Commissioners of Upper Gwynedd Township shall not be used unless the minimum and maximum regulations of the district are met, unless such recorded subdivision plan was approved within five years immediately preceding the effective date of this chapter or a variance is obtained from the Zoning Hearing Board.
C. 
Reduction of lot area or open spaces. No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed.
D. 
Modification of front yard requirements. Where there is pronounced uniformity or alignment of the fronts of existing buildings on the same side of the street within 200 feet of each side line of a proposed building, the front yard requirement of the district may be modified as to said building to permit a depth not less than the mean front yard existing within said distance.
E. 
Clear sight triangle. On any lot, no wall, fence, object or structure of any kind shall be erected, altered or maintained, and no hedge, tree, shrub or other growth shall be planted or maintained which may cause danger to traffic on a road by obscuring the view.
(1) 
Clear sight triangles shall be established, as measured from the street center lines, a distance of 100 feet from the intersection of streets. All yards and building setback lines prescribed by this chapter shall, in addition, be subject to such additional setbacks as may be required to ensure conformance with the above clear sight triangle.
(2) 
Driveway intersections. Driveways shall be located so as to provide a clear sight triangle, measured from the intersection street center line and the driveway center line, of not less than 30 feet.
F. 
Accessory uses. Accessory uses authorized by this chapter shall include the following:
(1) 
Uses accessory to dwelling.
(a) 
Private garage, private parking space, barn or any other outbuildings for occupant's noncommercial use.
(b) 
Keeping of animals.
[1] 
The keeping of household pets normally kept indoors, dogs, cats or ornamental birds, provided that no more than four four-legged animals shall be kept upon the premises unless said premises consists of at least three acres.
[2] 
The keeping of horses, livestock, poultry or fowl, other than pigs, provided that the premises shall contain not less than three acres and provided that all buildings, pastures, yards and portions of the premises used for said domestic animals, livestock, poultry or fowl shall be situated not less than 100 feet from any road line or property line of an adjoining lot.
(c) 
Private greenhouse.
(d) 
Cultivation of soil.
(e) 
Professional office or studio of a doctor, dentist, teacher, artist, architect, musician, lawyer, engineer or magistrate or practitioner of a similar character, babysitting or rooms for home occupations, provided that the office, studio or rooms are located in a dwelling in which the practitioner resides or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty shop, mortuary, other personal service shop, tearoom or hotel, or any similar use. The following regulations and standards shall apply:
[Amended 1-22-1990 by Ord. No. 90-4]
[1] 
The area used for the practice of the above shall occupy no more than 15% of the gross floor area of the dwelling unit.
[2] 
No other persons except a resident of the dwelling shall practice the occupation therein.
[3] 
No more than two persons shall be employed by the practitioner to provide secretarial or clerical services.
[4] 
Two paved off-street parking spaces shall be required in addition to those required for residential dwelling use and shall not be located within the minimum front yard area prescribed for the district in which located.
(f) 
Residential swimming pool for use of family and guests only.
(g) 
When accessory to a single-family detached dwelling only, one separate living area, including cooking facilities, may be provided for no more than two persons related to the principal occupant of the single-family detached dwelling by blood, marriage or adoption, provided that no change is made in the area covered by the building in which housed, and provided further that said use is registered with the Zoning Officer, subject to a written agreement to be recorded, to remove said cooking facilities at the time said facilities are no longer utilized by said persons related to the principal occupant as aforesaid.
(h) 
When authorized as a special exception only within a single-family detached dwelling, a family day-care home which is owner-occupied may be permitted for not more than a total of six children unrelated to the caregiver, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
[1] 
The lot must conform to the minimum frontage, width, area and yard requirements of the district in which it is situated and shall not be reduced.
[2] 
An outdoor lot area of at least 2,000 square feet reserved for play area shall be located in the rear yard only and not within any required side yard. Said area shall be fenced to a minimum of four feet and shall be childproof.
[3] 
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment but exclusive of closets, halls, bathrooms, kitchens and areas related thereto, which shall be on the first floor of the single-family detached dwelling.
[4] 
Parking lots, driveways, loading areas and areas for outdoor recreation shall be visually screened on an immediate year-round basis to a height of not less than six feet.
[5] 
In order to limit the concentrations of home day-care facilities in residential neighborhoods, home day-care facilities authorized by special exception shall be a minimum distance apart of not less than 5,000 feet.
[6] 
Structure characteristics.
[a] 
The building shall conform to any and all Commonwealth of Pennsylvania regulations for child day care, as well as applicable regulations for fire and panic, and have no barriers for the handicapped, and shall conform to all Township codes.
[b] 
There shall be no external alteration of an existing building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located on the rear of the building. Any expansion shall be limited to a maximum of 25% of the existing floor area of said building.
[c] 
Any addition shall be of such elevation and style, have materials and fenestration and front, side and rear yard setbacks that will be compatible with and not substantially injure or detract from the residential uses of adjacent properties or appreciably alter the character and building bulk/yard standards of the neighborhood.
[d] 
Special signs and outside illumination are prohibited.
[e] 
Applications shall indicate the method of building and grounds maintenance and file a plan for implementation.
(i) 
When authorized as a special exception only within a single-family detached dwelling in BP, C and IN Zoning Districts, a group day-care home may be permitted for not more than a total of 11 children unrelated to the caregivers, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
[1] 
The provisions of Subsection F(1)(h)[1], [3], [4], [5] and [6] are met.
[2] 
An outdoor lot area of at least 300 square feet per child reserved for play area shall be located in the rear yard only and not within any required side yard.
(j) 
No-impact home-based businesses. The business or commercial activity must satisfy the following requirements:
[Added 10-28-2002 by Ord. No. 2002-21]
[1] 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[2] 
The business shall employ no employees other than family members residing in the dwelling.
[3] 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
[4] 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
[5] 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
[6] 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
[7] 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
[8] 
The business may not involve any illegal activity.
(2) 
Uses accessory to nonconforming recreational use.
(a) 
Customary recreational, refreshment and service uses and buildings in any noncommercial recreational area.
G. 
Accessory structures (including buildings).
(1) 
Structures accessory to a permitted use shall not be permitted within the required front yard of a lot and, with the exception of a detached garage and the canopy over the fuel pumps of a gasoline service station, shall not be permitted on that portion of the lot between the principal building and the lot line that abuts a street right-of-way.
[Amended 5-29-2018 by Ord. No. 2018-004]
(2) 
On reverse frontage lots, structures accessory to a permitted use shall not be permitted within 25 feet of the rear lot line adjoining the right-of-way of the arterial or collector street.
(3) 
Where a district requires building setbacks from streets to which the district abuts or from property lines to which the district abuts, no structures accessory to a permitted use shall be permitted within the designated setback area.
H. 
No trailer camp shall be permitted in any residential district.
I. 
Fences. No fence or wall shall be erected along or within any of the yards required by this chapter which shall exceed a height of eight feet in industrial districts or six feet six inches in all other districts (excepting a retaining wall of a building permitted under the terms of this chapter), unless a special exception therefor is granted by the Zoning Hearing Board.
[Amended 12-19-2016 by Ord. No. 2016-19]
J. 
The permanent removal of topsoil from any parcel of land within the Township shall be prohibited, except as follows:
(1) 
During actual construction on the premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature may be considered excess and may be removed by the owner.
(2) 
During regrading operations conducted upon the premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
K. 
Side yard requirements for flag lots. Each side yard of a flag lot shall be at least equal to the minimum rear yard specified for the zoning district in which the flag lot is located. This provision shall supersede any contrary provision regarding side yards in this Chapter 195.
[Added 12-19-2016 by Ord. No. 2016-19]
L. 
(Reserved)
M. 
Height restrictions. The maximum height of buildings and other structures, including towers, chimneys, spires and all appurtenances erected or enlarged in any district, shall be, unless otherwise authorized:
(1) 
For any dwelling: 35 feet.
(2) 
For any building accessory to any dwelling use: 14 feet.
(3) 
For any other institutional and commercial building or other structure: 35 feet, except that such height may be increased to a maximum of 65 feet, provided that, for every foot of height in excess of 35 feet, there shall be added to each yard requirement two corresponding feet.
(4) 
For any industrial building or other structure: 35 feet, except that such height may be increased to a maximum of 65 feet, provided that, for every foot of height in excess of 35 feet, there shall be added to each yard requirement one corresponding foot.
(5) 
Towers for communication purposes shall be permitted only as an accessory use to a permitted principal use on the same lot and shall be subject to all the required yard and height requirements applicable to principal buildings, whether such tower is roof-mounted or freestanding.
(6) 
Where specific building heights are authorized in individual zoning districts, the maximum heights herein may apply to structures, towers and appurtenances only and shall not alter a maximum height of building otherwise provided in the individual zoning district.
[Added 10-28-1991 by Ord. No. 91-10]
N. 
Unless otherwise clearly stated herein to the contrary, the provisions of this chapter shall apply to Upper Gwynedd Township, as a municipal corporation, and to any other government, municipal corporation, authority, governmental or quasi-governmental agency or entity to the extent permitted by law.
O. 
Buffer areas and landscaping or parking facilities. Where required under the terms of this chapter, a permanent landscaped planting area or planting strip shall be provided in accordance with the following:
(1) 
Screen buffer.
(a) 
A screening buffer shall be provided by the applicant or existing natural features shall be preserved, having a minimum of 25 feet in width. As a minimum, it shall consist of evergreen trees planted in conformance with the additional requirements of Subsection O(1)(b) and (c) below, to produce a total visual screening effect consistent with the topography, existing vegetation and use of adjacent land. The screening buffer shall not be traversed or bisected by any public or private street, road, highway or accessway when situated between any nonresidential district and a residential district.
[Amended 10-28-1991 by Ord. No. 91-10]
(b) 
The primary component of a screening buffer shall be a double row of evergreen trees with each tree in a row spaced 10 feet apart on center, with the trees in one row offset five feet from the trees in the other row and the rows at least five feet apart. These trees shall not be less than six feet in height at the time of planting and shall be of such species that expected height at maturity shall not be less than 10 feet.
(c) 
The secondary component of a screening buffer shall be either earthen mounding or the use of additional plant materials to supplement the minimum required double row of evergreen trees.
[1] 
Variations in the sizes and shapes of earthen mounds which resemble natural, rounded forms are strongly encouraged. The unnaturally graded appearance of uniform, linear mounding shall be avoided. Slopes greater than four to one should be avoided. An average elevation of three feet above surrounding grades should be used as a guide.
[2] 
If earthen mounds are not used, additional tree planting shall be required. The number of additional trees shall be equal to 50% of the number of evergreen trees required by Subsection O(1)(b) above. These additional trees may be evergreen, flowering, shade or otherwise ornamental species and shall be planted in accordance with a planting plan designed to soften the linear appearance of the double row of evergreen trees. Minimum size of trees when planted shall be between five feet to eight feet in height and one- to two-inch caliper for deciduous material, depending on the type of tree, and six feet in height for evergreens, as required in Subsection O(1)(b) above.
(d) 
As an alternative to the possibly linear appearance of the minimum requirements above, applicants are encouraged to provide innovative, free-form screening buffers which need not be located entirely within the minimum required twenty-five-foot width, but shall be subject to the specified approval of the Township Board of Commissioners.
(2) 
Softening buffer.
(a) 
Planting of trees.
[1] 
The primary component of a softening buffer shall be a row of trees spaced not more than 25 feet apart on center.
[2] 
In addition, there shall be planted one tree per eight feet, which shall be evergreens. The evergreen trees shall be at least three feet in height when planted and shall attain at least six feet in height at maturity.
[3] 
Deciduous trees shall be at least 2 1/2 inches in caliper and eight feet in height when planted and shall attain a height of not less than 15 feet at maturity.
(b) 
These trees shall be interspersed with other allowable components, including any other type of trees, shrubs, mounding, fencing and/or similar natural or man-made elements having a visible vertical dimension, or any combination thereof.
(3) 
Open buffer. The open buffer shall, as a minimum, consist of grass, ground cover and/or similar vegetative material and may include trees, shrubs or other natural or man-made landscaping materials, but it shall only be vegetative with no paved areas.
(4) 
Existing buffers. In cases where edges of a development occur along natural features which function as buffers, including but not limited to mature vegetation, significant grade changes or stream valleys, which are to be permanently preserved, new buffering may be waived along those edges upon approval of the Township Board of Commissioners.
(5) 
Landscaping of off-street parking areas.
(a) 
Within the parking facility, there shall be planted at least one tree of 2 1/2 inches in caliper minimum for every five parking spaces in single bays and one tree of 2 1/2 inches in caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner to afford maximum protection from the sun for parked vehicles. The following trees are particularly recommended for off-street parking areas:
Latin Name
Common Name
Acer campestre
Hedge maple
Gleditsia triacanthos inermis
Thornless honey locust
Prunus kwanzan
Kwansan cherry (tree form)
Pyrus calleryana
Bradford callery pear
(b) 
A minimum of 10% of any parking lot facility over 2,000 square feet in gross area, whether constructed immediately or reserved for future needs, shall be devoted to landscaping, inclusive of required trees.
(c) 
The perimeter of all parking facilities shall be landscaped with one or any combination of the following buffers in order to visually screen the motor vehicles:
[1] 
One twenty-four- to thirty-inch-tall evergreen shrub per each three feet of buffer [species to be from Subsection O(6) below].
[2] 
One four- to four-and-one-half-foot-high berm.
[3] 
One five-foot-high wooden or stockade-type fence (only when approved by the Board).
(d) 
All plantings shall be able to survive soot, gas fumes and salt. Trees which have low-growing branches, gum or moisture which may drop on vehicles, blossoms, thorns, seeds or pods which may clog drainage facilities shall be avoided. The plantings chosen should be of sufficient size to be effective the first year they are planted.
(e) 
All landscaping planting areas shall be raised in order to prevent road salts from seeping into the planting area.
(f) 
Parking garages or covered parking structures shall be landscaped and buffered so that they are concealed from view from adjoining tracts of residential or institutional districts or existing perimeter public streets. Parking areas located beneath any such garage or structure which is located above surrounding grade shall be screened by screen walls and landscaping.
(6) 
Plant material list. Each planting option may utilize any of the plant materials set forth below. Minimum plant size, given either in height or in caliper, is indicated below. The Board of Commissioners may permit other planting types if they are hardy to the area, are not subject to blight and disease and are of the same general character and growth habit as those listed below. All plant material shall meet the standards of the American Association of Nurserymen. Dimensional requirements are as follows: "inches caliper" shall be the diameter of the trunk measured one foot above the root ball; "feet" shall be the typical height of the material at the time of planting.
(a) 
Canopy trees (2 1/2 inches caliper; minimum planting height: 10 feet).
Latin Name
Common Name
Acer rubrum
Red maple
Acer saccharum
Sugar maple
Fraxinus americana
White ash
Fraxinus pennsylvanica lanceolate
Green ash
Liquidambar styraciflua
Sweetgum
Liriodendron tulipifera
Tulip tree
Plantanus acerifolia
London plane tree
Quercus alba
White oak
Quercus borealis
Red oak
Quercus palustris
Pin oak
Quercus phellos
Willow oak
Sophora japonica
Regent scholartree
Tilia
Linden (all species hardy to the area)
Zelkova serrata
Japanese zelkova
(b) 
Flowering trees.
Latin Name
Common Name
Height/
Caliper
Amelanchier canadensis
Shadblow serviceberry
6 to 8 feet
Cornus florida
Flowering dogwood
6 to 8 feet
Cornus kousa
Kousa dogwood
6 to 8 feet
Cornus mas
Cornelian cherry
5 to 6 feet
Crataegus phaenopyrum
Washington hawthorn
5 to 6 feet
Koelreuteria paniculata
Goldenrain tree
8 to 10 feet
Laburnum vossi
Golden chain
1 1/4 to 1 1/2 inches caliper
Magnolia soulangeana
Saucer magnolia
6 to 8 feet
Magnolia virginiana
Sweetbay magnolia
5 to 6 feet
Malus baccata
Siberian crab
2 1/2 inches caliper
Malus floribunda
Japanese flowering crab
2 1/2 inches caliper
Malus hopa
Hope red flowering crab
2 1/2 inches caliper
Oxydendrum arboreum
Sourwood
6 to 8 feet
Prunus x yedoensis
Yoshine cherry
1 1/2 inches caliper
Pyrus calleryana
Bradford callery pear
2 1/2 inches caliper
(c) 
Evergreens.
Latin Name
Common Name
Ilex opaca
American holly
Picea omorika
Serbian spruce
Picea pungens
Colorado spruce
Pinus thunbergii
Japanese black pine
Pinus strobus
White pine
Pseudotsuga taxifolia
Douglas fir
Tsuga candensis
Canada hemlock
Tsuga caroliniana
Carolina hemlock
(d) 
Evergreen shrubs.
Latin Name
Common Name
Height
(feet)
Juniperus chinensis pfitzeriana
Pfitzer juniper
3 to 4
Pyracantha lalandei
Laland fire thorn
4 to 6
Taxus capitata
Upright yew
2 1/2 to 3
Taxus media hicksii
Hicks yew
2 1/2 to 3
Thuja occidentalis
American aborvitae
4 to 5
(e) 
Shrubs.
Latin Name
Common Name
Height
(feet)
Euonymous alatus
Winged euonymus
3 to 4
Hamamelis vernalis
Vernal witch hazel
4 to 5
Hamamelis virginiana
Common witch hazel
4 to 5
Ilex verticillata
Winterberry
4 to 5
Rhamnus frangula
Glossy buckthorn
4 to 5
Viburnum dentatum
Arrowwood viburnum
4 to 5
Viburnum lantana
Wayfaring-tree viburnum
4 to 5
(7) 
Landscape plan. A landscape plan shall be required in support of this section to indicate the location, species and size of trees and shrubs proposed for planting or individual or groves of trees or natural vegetation to be preserved. The quantity, spacing and guying details should be included on the plan and considered a part of the preliminary and final plan set required in Chapter 168, Subdivision and Land Development. Upon approval of the landscape plan and the establishment of an estimated cost of installation of improvements by the appropriate board and prior to the issuance of any permit for construction or for use and occupancy, the applicant shall furnish a bond to the Township, as obligee, with good and sufficient surety, in the amount of the estimated cost of the improvement, plus 20%, conditioned upon compliance with the requirements of this section and of this chapter, or shall escrow with the Township the estimated cost of said improvements, plus 20%, under a written escrow agreement, providing, inter alia, that the Township shall have the right to utilize said escrow funds to complete the improvements if not installed by the date specified.
(8) 
Maintenance. The quantity, location, species and size of the trees and shrubs specified on the landscape plan and approved by the Board of Commissioners shall be maintained in good condition by the property owner, who shall have the additional responsibility to promptly replace all plant material not showing healthy growth with a size equal to or greater than that originally specified on the plans.
P. 
Submission of plans shall be required in all zoning districts. The following regulations shall govern the character and submission of plans:
(1) 
Preliminary plans shall be submitted to the Board of Commissioners for preliminary approval, showing the general layout of the total area and the type of building and/or buildings to be erected.
(2) 
Final plans shall be submitted to the Board of Commissioners for approval, showing the layout of the total area and shall include, inter alia, the following:
(a) 
The scale shall not be less than one inch equals 100 square feet, with contours at two-foot intervals and showing all topographical features.
(b) 
A plot plan of the lot showing the locations of all present and proposed buildings, sidewalks and other areas devoted to pedestrian use, loading and unloading areas, drives, parking lots, waste disposal and storage facilities and other constructional features on the lot and all buildings, streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.
(c) 
Description and architectural plans of any proposed buildings or change in existing buildings.
(d) 
A description of the use and/or operations proposed in sufficient detail to indicate the effects of those uses and/or operations in producing traffic congestion, noise, glare, air pollution, water pollution, thermal pollution and fire hazards and whether any part of the use and/or operation will be conducted on the outside of any building.
(e) 
Engineering and architectural plans for the connections to public water and public sewerage lines and for the pretreatment, if required, of any sewage or industrial waste before its discharge into public sewer lines.
(f) 
Engineering and architectural plans for the treatment and disposal of waste other than that which will be discharged into the public sewer lines. Outdoor facilities for waste storage shall be provided with a minimum six-foot-high opaque enclosure on all sides.
(g) 
Engineering and architectural plans for the handling of any traffic, noise, lighting, glare, air pollution, water pollution, thermal pollution, water consumption, fire hazard and safety hazard.
(h) 
Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke, dust and dirt, fly ash, fumes, vapors and gases.
(i) 
The proposed hours of operation, the number of shifts to be worked and the maximum number of employees on each shift and the parking lot requirements, both present and future.
(j) 
Plans in accordance with § 195-9O.
(k) 
Engineering plans and reports for the control and disposal of surface drainage.
(l) 
Statement from the appropriate sewer authority authorizing connection of the premises to its sewer and indicating it will receive the type of effluent to be generated upon the premises.
(m) 
Any other pertinent data or evidence that the Board of Commissioners may require.
(3) 
Upon receipt of plans under this subsection, the Board of Commissioners shall have the power of approval or disapproval of these plans. The Secretary of the Board of Commissioners shall notify, in writing, the Zoning Officer of its final decision and any special conditions regarding the proposed use and/or operation.
Q. 
All buildings and structures shall comply with the building, electrical and plumbing codes and any amendments thereto of Upper Gwynedd Township. [1]
[1]
Editor's Note: See Ch. 63, Building Construction, and Ch. 143, Plumbing.
R. 
All driveways shall be a minimum of six feet from the lot line in all R-1, R-2, R-3, R-4 and VPR Districts. The following exceptions shall apply:
[Amended 12-19-2016 by Ord. No. 2016-19]
(1) 
In the access strip, up to a point (where the minimum lot width is achieved) of a flag lot, in which case the required minimum shall be four feet.
(2) 
Along the lot line between attached dwellings, including semidetached (twin dwelling), townhouse dwelling, and twin duplex, triplex and quadraplex dwellings.
(3) 
In the case of a common driveway between adjacent lots where the driveway is provided partially or completely beyond the lot line of the subject lot.
S. 
Ownership, use and design and maintenance of common open area.
(1) 
Methods of ownership. Any of the following methods may be used, either individually or together, to preserve, own and maintain common open space as permitted in multifamily, townhouse or residential and industrial clustered developments: condominium, homeowners' association, dedication in fee simple, dedication of easements and transfer of fee simple title and easements to a private conservation organization. Such land shall not be eligible for transfer 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. The following specific requirements are associated with each of the various methods:
(a) 
Condominium. The common open space may be controlled through the use of condominium agreements. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as may be amended.[2] All open space land shall be held as "common element."
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(b) 
Homeowners' association. The common 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, Section 705(f)(2) of the Pennsylvania Municipalities Planning Code of 1968, as amended,[3] and the homeowners' association agreements shall be recorded.
[Amended 2-27-2017 by Ord. No. 2017-01]
[3]
Editor's Note: See 53 P.S. § 10705(f)(2).
(c) 
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common open space, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance); and the Township agrees to and has access to maintain such lands.
(d) 
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title of which is to remain in ownership by a condominium or homeowners' association, provided that such land is accessible to the residents of the Township; there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance); and a satisfactory maintenance agreement is reached between the developer and the Township.
(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 restrictive easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; 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 a maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(2) 
Specific requirements for homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:
(a) 
The developers shall provide to the Township a description of the organization, including its bylaws and methods for maintaining the open space.
(b) 
The organization shall be established by the developers and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots within the development.
(c) 
Membership in the organization is mandatory for all purchasers of homes therein and their successors with a financial commitment at time of sale or settlement.
(d) 
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
(e) 
The members of the organization shall share equitably the costs of maintaining and developing common open space in accordance with the procedures established by them.
(f) 
In the event of any proposed transfer of common open space land by the homeowners' association within the methods here permitted or of the assumption of maintenance of common open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the development.
(g) 
The organization shall have or hire adequate staff to administer common facilities and maintain common open space.
(h) 
The property owners' organization may lease back open space land to the developer, his heirs or assigns or to any other qualified person or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide that the residents of the development shall at all times have access to the open space lands contained therein; that the common open space to be leased shall be maintained for the purposes set forth in this chapter; and 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. The lease shall be subject to the approval of the Township, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Commissioners. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Montgomery County within 30 days of the execution, and a copy of the recorded lease shall be filed with the Manager of the Township.
(i) 
Any amendments or modifications shall be first submitted to the Township for approval.
(3) 
Use and design.
(a) 
The common open space shall be laid out in accordance with the best principles of site design, shall be consistent with the Township's open space plan and shall be located and designed as areas easily accessible to residents and preserving natural features.
(b) 
The land development plans shall designate the use of common open space and the type of maintenance to be provided. In determining use and maintenance, the following 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 tidy appearance.
[2] 
Natural area. An area of natural vegetation undisturbed during construction or replanted; such area may contain pathways. Meadows shall be maintained as such and managed in accordance with a minimal maintenance plan acceptable to the Township. Noxious vegetation shall not be allowed to proliferate. Litter, dead trees and brush shall be removed and streams kept in free-flowing condition.
[3] 
Recreation area. An area may be designated for a specific recreational use, including but not limited to: tennis, swimming, shuffleboard play fields and tot-lots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall perpetuate the proposed use.
[4] 
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 this chapter.
(4) 
Maintenance. In the event that the organization established to own and maintain a common open space or any successor organization shall at any time fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space and shall not vest in the public any rights to use the common open space, except when the same is voluntary dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the development, to be held by the Township, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such an organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review. All costs and expenses incurred by the Township in the abatement or correction of the aforesaid deficiencies or maintenance of the aforesaid common open space shall be a lien upon said premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered, the Township Solicitor may file for a municipal claim or an action of assumpsit against the homeowners' association for such costs and expenses, together with a penalty of 10%, in a manner provided by law for the collection of municipal claims. The homeowners' association shall also be responsible for the payment of reasonable attorney's fees to the Township.
T. 
Regulation of satellite dishes.
(1) 
Not more than one satellite dish may be mounted above the roofline of the principal building for each lot, and said dish or similar attachment shall have a maximum diameter not greater than three feet.
(2) 
Ground-mounted satellite dishes and other similar devices may be placed on a lot as an accessory use only and shall conform to all required height, setback and yard and coverage requirements applicable to accessory buildings for the district in which located, and further, such structures or devices shall not be permitted within the minimum required front yard established for the district.
U. 
Access and highway frontage.
(1) 
Unless clearly impracticable, all lots in a residential subdivision shall have direct access only to a local or feeder street.
(2) 
Where residential lots are created having frontage on an existing arterial or collector street within the Township, the subdivision street pattern shall provide reverse frontage access to a street of lower classification created within the subdivision rather than access to the existing arterial or collector street. All such lots shall be provided with a minimum rear yard of 75 feet from the right-of-way line.[4]
[4]
Editor's Note: Former Subsection V, Noise limitations, which immediately followed this subsection, was repealed 5-24-2004 by Ord. No. 2004-4. See now Ch. 124, Noise abatement.