[Amended 2-20-2006 by Ord. No. 3-2006]
The purpose of the open space design option
is to permit residential development which is more creative and imaginative
than is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended:
A.
To provide for the development of large tracts of
land located within the Township in a harmonious manner with the input
from the Township's administrative staff and governing bodies.
B.
To provide an opportunity for flexibility in lot designs
and building arrangement not afforded by conventional lot-by-lot development.
C.
To provide for a more varied, innovative, and efficient
development pattern.
D.
To promote new development which is compatible with
existing uses, architecture, landscapes and community character.
E.
To preserve unique and sensitive landscapes and site
features, including agricultural soils, woodlands, wetlands, and scenic
views, by locating new dwelling sites in areas removed from such features.
F.
To retain and protect open space areas within residential
development.
G.
To provide a means to attain the aims and objectives
of the Township Comprehensive Plan relative to orderly growth and
the enhancement of environmental resources.
H.
To provide for development balance designed to promote
a solid tax base without placing a burden on the Township, school
district and other taxing bodies.
I.
To provide an efficient use of land, resulting in
smaller networks of utilities and streets and lower housing costs.
J.
To provide density and mixed use incentives in exchange
for increased open space and preservation of environmental resources.
A.
The provisions of this article for approval of an
open space design option shall be a modification to and in lieu of
procedures and criteria for approvals otherwise required in this chapter
and the Township Subdivision and Land Development Ordinance.[1]
B.
The applicant acknowledges that the open space design
option is an option in lieu of developing under the Township's existing
Zoning Ordinance. The applicant further acknowledges that, in the
event that the applicant chooses to utilize this open space design
option, the applicant will be relinquishing some of its control of
the development with regard to land use, unit mix, unit type, unit
spacing and other salient features of the development to the jurisdiction
of the Township's administration, the Township's Planning Commission,
and the Township's Board of Commissioners. Prior to electing this
option, the applicant is advised to meet with the Township's administration
so that it is fully aware of the mechanics of this option. In the
event that the applicant is not satisfied with the operation of this
option, the applicant has the right to develop the Property conventionally
pursuant to the existing ordinances.
C.
The current Township construction standards shall
apply to the open space design option. Failure to comply with the
provisions of this article with respect to a recorded development
plan shall be deemed to constitute a violation of this chapter.
In all cases, the minimum site required for
an open space design option shall be as outlined below. Public easements
or right-of-way and public or private streets shall not be construed
as an interruption or division of a site proposed for an open space
design option. The site of an open space design option plan shall
have frontage on and direct vehicular for all accesses to an arterial
or collector street, as defined by this chapter.
|
District
|
Minimum Site
(contiguous acres)
|
|---|---|
|
R-1
|
25
|
|
R-2
|
25
|
|
R-3
|
25
|
|
PED
|
25
|
A.
The Open Space Design Option shall be permitted in
the R-1, R-2, R-3, and PED Districts when approved as a conditional
use in accordance with the provisions of this chapter and where the
applicant, to the satisfaction of the Board of Commissioners, with
the imposition of various conditions, can demonstrate compliance with
all design standards and criteria of this article. Upon written request
from the applicant, and if the Board of Commissioners and Planning
Commission have previously reviewed a sketch plan and site analysis
of the proposed development, the Board of Commissioners may elect
to consider the preliminary subdivision plans simultaneously with
the conditional use application.
[Amended 4-20-2006 by Ord. No. 7-2006]
(1)
R1, R2 and R3 Zoning Districts. At the conditional
use application stage, the applicant must be prepared to discuss community
development and open space resource conservation objectives. During
this stage the applicant will be required to submit:
(a)
A site analysis plan;
(b)
A sketch plan under the standard/conventional
development guidelines in accordance with the applicable zoning district;
and
(c)
A sketch plan depicting the proposed open space
design. The sketch plan depicting the conventional development will
be used to determine the baseline density factor (B/L Density Factor).
The exact baseline density factor will be approved by the Board of
Commissioners using the data and sketch plan provided by the applicant
following a review and recommendation by the Township Planning Commission
and Township staff.
(2)
P.E.D. Zoning District. At the conditional use application
stage, the applicant must present a master site plan which depicts
both a commercial and residential component, and must be prepared
to discuss community development and open space resource conservation
objectives. Within the residential component, the applicant will be
required to submit:
B.
Water supply. Development under the open space design
option shall be served by a public water supply system in accordance
with the provisions of the Township Subdivision and Land Development
Ordinance, where the applicant can demonstrate, to the satisfaction
of the Board of Commissioners, adequate supply for the intended residential
and open space uses.
C.
Sewage disposal.
(1)
As a condition of approval, the applicant shall demonstrate,
to the satisfaction of the Board of Commissioners, adequate sewage
disposal services for the intended residential and open space uses.
(2)
Development under the open space design option shall
be served by sewage disposal systems consistent with the Township
Sewage Facilities (Act 537) Plan and in accordance with the provisions
of the Township Subdivision and Land Development Ordinance, subject
to demonstration of compliance with all applicable regulations of
the DEP.
D.
Consistency with municipal planning program. The proposed
development shall be generally consistent with the Township Comprehensive
Plan.
E.
Single plan. The tract of land to be developed shall
be in one ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
Prior to submitting an application for preliminary approval, the applicant
shall demonstrate that he is the landowner, as defined by this chapter.
Legal, as well as equitable, ownership shall be demonstrated coincident
with approval of the final development plan.
A.
Permitted Uses. According to the zoning district in
which the open space design option is located, any of the below listed
dwelling units may be included in the open space design option. Where
permitted by the Board of Commissioners as a conditional use, an applicant
may utilize the open space design option for development of any of
the following uses:
|
R-1 District
|
R-2 District
|
R-3 District
| |
|---|---|---|---|
|
Single-family dwelling
|
Single-family dwelling
|
Single-family dwelling
| |
|
Two-family dwelling
|
Two-family dwelling
|
Two-family dwelling
| |
|
Triplex, patio home
|
Triplex, fourplex, patio home
|
|
PED District
| |
|---|---|
|
Single-family dwelling
| |
|
Two-family dwelling
| |
|
Triplex, fourplex, townhouse, patio home, garden
apartment, Mid-rise and high-rise apartment
|
|
Note: Though all of the above uses may be permitted in a particular zoning district, the percentage and/or mix shall be set by the Planning Commission and Board of Commissioners using the tables in § 240-88 as a guide. The exact mix and layout of the dwelling units will be determined by the Township's administration, Planning Commission and Board of Commissioners during the review process.
| |
|---|---|
|
Note: A Type 'A' Landscaped Buffer will be required
when transitioning from particular types of dwelling units (i.e.,
two-family dwellings to triplexs, triplexs to patio homes, etc.).
|
B.
Recreational and other common facilities. In addition
to the residential uses permitted in the open space design option,
recreation facilities shall be permitted, including but not limited
to hiking, biking or exercise trails; tennis, paddle tennis, basketball,
volleyball or other playing courts; swimming pool and related facilities,
golf course or putting green; community building for meetings and
social activities, picnic pavilions; other active and passive recreational
uses deemed appropriate to the needs and interests of the Township
as determined by the Board of Commissioners.
A.
Permitted density calculation and minimum restricted
open space.
(1)
The minimum open space requirements presented in the
tables below are calculated using the total tract area; provided,
however, the applicant shall be permitted to develop a plan which
is entirely comprised of single-family homes notwithstanding the percentages
contained within the tables.
|
R-1
| |||||
|---|---|---|---|---|---|
|
Applicable Density Multiplier for Open
Space Design Option
|
Minimum Single- Family Unit Factor
(%)
|
Two- Family Unit Factor
(%)
|
Other Unit Factor
(%)
|
Minimum Open Space Requirement
(%)
| |
|
1.20 x B/L Density Factor
|
50%
|
50%
|
N/A
|
60%
| |
|
1.10 x B/L Density Factor
|
75%
|
25%
|
N/A
|
40%
| |
|
1.00 x B/L Density Factor
|
100%
|
0%
|
N/A
|
20%
| |
|
R-2
| |||||
|---|---|---|---|---|---|
|
Applicable Density Multiplier for Open
Space Design Option
|
Minimum Single- Family Unit Factor(%)
|
Two- Family Unit Factor
(%)
|
Other Unit Factor
(%)
|
Minimum Open Space Requirement
(%)
| |
|
1v.25 x B/L Density Factor
|
50%
|
25%
|
25%
|
60%
| |
|
1.15 x B/L Density Factor
|
75%
|
15%
|
10%
|
40%
| |
|
1.00 x B/L Density Factor
|
100%
|
0%
|
0%
|
20%
| |
|
0.90 x B/L Density Factor
|
45%
|
30%
|
25%
|
45%
| |
|
0.80 x B/L Density Factor
|
35%
|
35%
|
30%
|
40%
| |
|
R-3
| |||||
|---|---|---|---|---|---|
|
Applicable Density Multiplier for Open
Space Design Option
|
Minimum Single- Family Unit Factor
(%)
|
Two- Family Unit Factor
(%)
|
Other Unit Factor
(%)
|
Minimum Open Space Requirement
(%)
| |
|
1.30 x B/L Density Factor
|
50%
|
25%
|
25%
|
60%
| |
|
1.15 x B/L Density Factor
|
75%
|
15%
|
10%
|
40%
| |
|
1.00 x B/L Density Factor
|
100%
|
0%
|
0%
|
20%
| |
|
0.90 x B/L Density Factor
|
40%
|
40%
|
20%
|
35%
| |
|
0.80 x B/L Density Factor
|
30%
|
40%
|
30%
|
30%
| |
|
Note: Definition of "other" - Any dwelling unit
listed in the particular zoning district, other than single-family
or two-family dwelling.
|
|
PED
| |||
|---|---|---|---|
|
Applicable Density Multiplier for Open
Space Design Option
|
Minimum Single-Family Unit Factor
(%)
|
Minimum Open Space Requirement
(%)
| |
|
16 dwelling units/acre
|
0%
|
60%
| |
|
14 dwelling units/acre
|
0%
|
40%
| |
|
12 dwelling units/acre
|
0%
|
30%
| |
|
10 dwelling units/acre
|
0%
|
20%
| |
|
8 dwelling units/acre
|
0%
|
10%
| |
|
** PED District Note: The maximum permissible
number of lots or dwelling units within the PED District on any tract
utilizing the open space design option shall be calculated by multiplying
the total tract area by the multiplier stipulated:
|
(2)
It is possible that various portions of any single
tract may be planned for development in accordance with differing
density options as provided above. In such event, the applicant shall
demonstrate that appropriate land areas can be identified to separately
apply to each density multiplier utilized. No land area used for calculation
under any one option shall also be used for calculation under another
option.
(3)
The applicant is advised that the maximum number of
units calculated under the provisions herein, including potential
bonus density, may not always be achievable while meeting requirements
for minimum restricted open space and all other standards, criteria
and regulations herein.
B.
Residential area and bulk regulations. Under the open
space design option, no minimum lot area is prescribed, rather, the
following lot area and yard regulations shall apply to any principal
residential structure 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 separation between buildings, except accessory
buildings, at any point shall not be less than the following:
|
R-1 District
|
SF
(feet)
|
DUP
(feet)
| |
|---|---|---|---|
|
Side-Side
|
25
|
30
| |
|
Side-Front
|
50
|
50
| |
|
Side-Rear
|
50
|
50
| |
|
Front-Front
|
65
|
65
| |
|
Front-Rear
|
85
|
85
| |
|
Rear-Rear
|
85
|
85
|
|
R-2 District
|
SF
(feet)
|
DUP
(feet)
|
TRIQUAD
(feet)
|
PH
(feet)
|
|---|---|---|---|---|
|
Side-Side
|
20
|
25
|
30
|
30
|
|
Side-Front
|
50
|
50
|
50
|
50
|
|
Side-Rear
|
50
|
50
|
50
|
50
|
|
Front-Front
|
65
|
65
|
65
|
65
|
|
Front-Rear
|
85
|
85
|
85
|
85
|
|
Rear-Rear
|
85
|
85
|
65
|
65
|
|
R-3 & PED Districts
|
SF
(feet)
|
DUP
(feet)
|
TRIQUAD
(feet)
|
PH
(feet)
|
TH
(feet)
|
GA
(feet)
|
MR
(feet)
|
HR
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
Side-Side
|
15
|
15
|
25
|
25
|
35
|
55
|
75
|
100
|
|
Side- Front
|
50
|
50
|
50
|
50
|
50
|
50
|
70
|
100
|
|
Side- Rear
|
50
|
50
|
50
|
50
|
50
|
50
|
70
|
100
|
|
Front- Front
|
65
|
65
|
65
|
65
|
65
|
80
|
100
|
150
|
|
Front- Rear
|
85
|
85
|
85
|
85
|
85
|
85
|
100
|
150
|
|
Rear- Rear
|
85
|
85
|
65
|
65
|
65
|
80
|
100
|
150
|
|
SF - Single-Family DUP - Two-Family TRI - Triplex
PH - Patio Home
|
|
QUAD - Fourplex
|
|
GA - Garden Apartment TH - Townhouse MR - Mid-rise
Apartment
|
|
HR - High-Rise Apartment
|
(2)
Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Subsection B(1) above.
(3)
No accessory structure including decks, sheds, and/or
patios shall be located less than five feet from any lot line, excluding
fences.
(5)
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection B(8) below.
(6)
All proposed dwelling units in a development utilizing
the open space design option shall be situated so that they are set
back a minimum distance from the predevelopment perimeter boundary
of the tract equal to 50 feet. Existing dwellings and dwellings resulting
from the conversion of existing structures shall be exempt from this
requirement except that additions to such existing structures shall
not further reduce required setbacks.
(7)
Maximum length of any residential building, including rows of attached townhouses or other multifamily buildings, shall not exceed 240 feet. Residential buildings other than single-family detached and two-family detached dwelling units shall comply with the architectural design provisions of § 240-89B.
(8)
Maximum building height: Three stories or 45 feet,
exclusive of basements, whichever is less except for mid-rise and
high-rise in the PED District, which shall be limited to six stories.
(9)
In the PED District, no mid-rise or high-rise apartment
shall be located closer to the boundary of the open space design option
development site than 150 feet. In all zoning districts where the
open space design option is authorized, no garden apartment, townhouse,
triplex or fourplex shall be located closer to any boundary of the
open space design option site than 75 feet. No accessory structure
and no off-street parking shall be located in the required perimeter
setback area.
(10)
The Board of Commissioners may within their discretion, but shall not be required to, by conditional use approval, permit the modification or waiver of any of the eligibility requirements, standards or regulations set forth in this article in order to encourage the use of innovative design. The Board of Commissioners may deny conditional use approval, provided that they determine that the spirit and intent of this article would not be met by such approval. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for the open space design option, also make application for conditional use approval under this subsection for any modification or waiver of any of the eligibility requirements, standards or regulations set forth in this article. The Board of Commissioners shall only consider or grant modifications or waivers from the provisions of this article to an application that is submitted for property located in the Township's R-2 and R-3 Zoning Districts. An application for conditional use approval containing a request for any modification or waiver shall submit a statement that provides the justification for such waiver that reflects that the approval of the same would promote the spirit and intent of this article and also provide how the proposed modification or waiver would promote innovative design. The Board of Commissioners shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of any of the standards of this article shall also be subject to Chapter 215, Article IX, Waivers and Modifications, in the Township Subdivision and Land Development Ordinance as well as the following criteria:
[Amended 2-10-2021 by Ord. No. 1-2021]
(a)
The design and improvement of lots or open space which shall
contain modified standards shall be in harmony with the design and
improvement of other lots or open space within the proposed development
and shall not, through the use of the modified standards, be obviously
different from, or inferior to, other lots within the proposed development.
(b)
The use of modified standards shall not result in configurations
of lots or street systems which shall be impractical in function or
detract from the appearance of the proposed development.
(c)
The proposed modified standards shall not result in any danger
to the public health, safety or welfare by making access to dwellings
by emergency vehicles more difficult, by depriving adjoining properties
of adequate light and air or by violating the other purposes for which
zoning ordinances are to be enacted under Section 604(1) of the MPC.
(d)
Landscaping and other methods shall be used to ensure the privacy
of the future residents of the dwellings and to attain the proposed
use of the open space.
A.
General development standards.
(1)
Except where this article specifies otherwise, all
design and performance standards and other regulations applicable
in the zoning district, subdivision and land development regulations
and construction standards in which the land is located shall apply
to any development utilizing the open space design option. This shall
include, but shall not be limited to, the Township's wetland and wetland
buffer requirements; steep slope and poor soils regulations; road
and stormwater standards; and egress and ingress standards.
(2)
Placement of buildings and design of internal circulation
systems shall minimize adverse impact to existing Township roads.
The projected traffic volumes associated with the open space design
option Plan shall be capable of being accommodated by the adjacent
street network. All developments under the open space design option,
regardless of size, shall submit a traffic impact study meeting the
criteria of the Township's current traffic impact study ordinance
(Ordinance No. 4 of 2001, as now or hereafter amended). The developer
shall submit a traffic impact study prepared in accordance with the
requirements of that ordinance identifying the traffic impact of the
proposed open space design option and the recommendations to mitigate
those impacts, as warranted. Ingress and egress to and from the site
shall be designed to comply with the minimum requirements of the Township
Subdivision and Land Development Ordinance.
(3)
The applicant shall demonstrate compliance with applicable
state and/or federal regulation of streams and wetlands.
(4)
Buffer areas. The following buffers areas shall be
required in all open space design option plans:
(a)
Buffer Area A, as defined in § 240-98B of this chapter, shall be provided along all property lines on the perimeter of an open space design option Plan adjoining an R-1, R-2, R-3 or R-4 District.
(b)
Buffer Area C, as defined in § 240-98B of this chapter, shall be provided along all other property lines on the perimeter of an open space design option plan.
(c)
Buffer Area C, as defined in § 240-98B of this chapter, shall be required along all property lines within the open space design option that separate single-family dwellings in the open space design option plan from any two-family, triplex, fourplex, townhouse or garden apartment dwellings in the plan. Where these units are separated by a public or private right-of-way, a buffer area shall not be required.
B.
Architectural design. It is not the intention of the
Township to govern specific architectural design nor to link conditional
use approval to any specific architectural design criteria.
(1)
Applicant shall provide drawings illustrating the
general character of the intended exterior design of all structures
other than single-family detached dwellings to be built on lands developed
in accordance with this article.
(2)
Where the Commissioners determine that architectural
design as presented by the applicant is an essential means by which
the proposed development complies with the objectives of this article,
the Commissioners may require, as a condition of approval, establishment
of appropriate means to guarantee general adherence to the intended
architectural character.
A.
General standards for open space designation.
(1)
Areas designated as restricted open space shall be generally consistent with the Township Comprehensive Plan and § 215-70 open space requirements in the Township Subdivision and Land Development Ordinance. The location and layout of restricted open space shall be configured so as to serve residents adequately and conveniently and to promote conservation of the following resources to the greatest extent practicable:
(a)
Agricultural security areas and clean and green
lands.
(b)
Scenic views from public roads, ridge tops and
neighboring residential properties.
(c)
Mature trees and woodland tree masses, hedgerows,
native flowering trees and shrubs, fence lines, rock outcroppings
and other notable landscape features.
(2)
A portion of the required open space equal in area
to no less than 10% of the gross tract area shall exclude areas comprised
of designated flood hazard districts, wetlands, and slopes in excess
of 25%. (This provision is designed to ensure that a portion of the
open space land is appropriate for passive recreational purposes.)
(3)
No portion of the designated restricted open space
shall be measured as contributing to the minimum required restricted
open space area when:
(a)
Within 25 feet of any structure except structures
devoted to permitted open space uses.
(b)
Extending less than 75 feet in the narrowest
dimension at any point.
(c)
Comprising stormwater management facilities.
At the discretion of the Board of Commissioners, areas devoted to
stormwater management facilities may be included within the minimum
required restricted open space area where the applicant can demonstrate
to the satisfaction of the Commissioners that such facilities are
designed to:
[1]
Promote recharge of the groundwater system;
[2]
Be available and appropriate for active or passive
recreational use or scenic enjoyment; and
[3]
Otherwise conform to the purposes, standards,
and criteria for open space set forth in this article.
|
For example, a long low berm graded to reflect
natural contour could be designed to: 1) blend into the scenic landscape;
2) permit passive recreational use over the top of it; while 3) providing
a relatively large linear area for seepage of stormwater into the
groundwater system.
|
(4)
Subject to the provisions of measurement of minimum
required open space stipulated herein, sewage service, stormwater
management, and/or water supply facilities may be located entirely
or partially within restricted open space areas. Where such facilities
are so located, easements satisfactory to the Board of Commissioners
shall be established to require and enable maintenance of such facilities
by the appropriate parties.
(5)
Areas designated for open space purposes may be used
for any of the following:
(a)
Crop or pasture land, subject to restriction
in the Township Zoning Ordinance and/or any other applicable regulations
approved by the Allegheny County Conservation District;
(b)
Woodland, meadow, wetlands, wildlife habitat,
game preserve, or similar conservation-oriented area;
(c)
Public, common, or private park or outdoor recreation
area, subject to the regulations of the underlying zoning district
(6)
Open space shall be interconnected with open space
areas on abutting parcels wherever possible, including, where appropriate,
provisions for pedestrian pathways for general public use to create
linked systems within the Township.
(7)
Where deemed appropriate by the Board of Commissioners,
open space areas shall be provided with sufficient perimeter parking
and with safe and convenient access by adjoining street frontage or
other rights-of-way or easements capable of accommodating pedestrian,
bicycle and maintenance and vehicle traffic, and containing appropriate
access improvements.
(8)
At the discretion of the Board of Commissioners, a
portion of the required restricted open space may be utilized to meet
the requirements of the Township Subdivision and Land Development
Ordinance[1] for open space and recreational land to the extent such
open space meets the specific requirements of the ordinance. With
agreement of the Board of Commissioners, the applicant may provide
payment of fee in lieu and/or the construction of recreation facilities
to meet the recreational land requirement in the Township's Subdivision
and Land Development Regulations.
(9)
Where development under the open space option is planned
to occur in two or more development phases, a proportionate amount
of designated restricted open space shall be permanently recorded
with each phase.
B.
Standards for ownership of restricted open space.
Except to provide for permitted open space uses, designated open space
shall be restricted from further subdivision or development by deed
restriction, conservation easement, or other agreement in a form acceptable
to the Township and duly recorded in the Office of the Recorder of
Deeds of Allegheny County. Subject to such permanent restrictions,
restricted open space land in any open space development may be owned
by a homeowners' association, the Township, a land trust or other
conservation organization recognized by the Township, or by a similar
entity, or may remain in private ownership.
(1)
Offer of dedication.
(a)
The Township may, but shall not be required
to, accept dedication in the form of fee-simple ownership of restricted
open space land provided:
(b)
Where the Township accepts dedication of restricted
open space land that contains improvements, the Board of Commissioners
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.
(2)
Homeowners' association. The restricted open space
land and associated facilities may be held in common ownership by
a homeowners' association. The homeowners' association shall be formed
and operated under the following provisions:
(a)
The developer shall provide a description of
the homeowners' association including its bylaws and methods of maintaining
the open space.
(b)
The homeowners' association shall be organized
by the developer and shall operate with financial subsidization by
the developer, before the sale of any lots within the development.
(c)
Membership in the homeowners' association shall
be appurtenant to the real estate and 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.
(d)
The developer shall organize the homeowners'
association pursuant to the applicable Pennsylvania statutes, and
the developer shall supply proof of its organization and operation
to the Township's administration prior to the Township agreeing to
accept dedication of any of the public improvements.
(e)
The homeowners' association shall be responsible
for maintenance and insurance on common open space land, enforceable
by liens placed by the homeowners' association. Maintenance obligations
also may be enforced by the Township which may place liens to recover
its costs. Any governmental body with jurisdiction in the area where
the development is located may place liens on the owners of the open
space to collect unpaid taxes.
(f)
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).
(g)
In the event of a proposed transfer, within
the methods here permitted, of common open space land by the homeowners'
association, or of the assumption of maintenance of such land by the
Township, notice of such action shall be given to all property owners
within the development.
(h)
The homeowners' association shall have or hire
adequate staff to administer common facilities and properly and continually
maintain the common open space land.
(i)
The homeowners' association may lease open space
lands to any other qualified person, or corporation, for operation
and maintenance of such lands, but such a lease agreement shall provide:
[1]
That the residents of the development shall
at all times have access to the open space lands contained therein
(except that access to land that is actively farmed shall be limited
to times of the year when the fields are fallow);
[2]
That the common open space land to be leased
shall be maintained for the purposes set forth in this chapter; and
[3]
That the operation of open space facilities
may be for the benefit of the residents only, or may be open to the
residents of the Township, at the election of the developer and/or
homeowners' association, as the case may be.
(j)
The lease shall be subject to the approval of
the Board of Commissioners, 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 Allegheny County within 30 days of their execution, and
a copy of the recorded lease shall be filed with the Secretary of
the Township.
(k)
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, the applicant shall provide draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
(3)
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s) approved by the Board of Commissioners. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of § 240-90B(2) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(4)
Dedication of easements. The Township may, but shall
not be required to, accept easements for public use of any portion
or portions of restricted open space land, title of which is to remain
in common ownership by a condominium or homeowners' association, provided:
(a)
The land is accessible to Township residents;
(b)
There are no costs of acquisition other than
any costs incidental to the transfer of ownership, such as title insurance;
and
(c)
A satisfactory maintenance agreement is reached
between the developer, condominium or homeowners; association and
the Township.
(5)
Transfer of easements to a private conservation organization.
With the permission of the Township, an owner may transfer easements
to a private nonprofit organization recognized by the Township, among
whose purposes it is to conserve open space and/or natural resources,
provided that:
(a)
The organization is acceptable to the Board
of Commissioners and is a bona fide conservation organization with
perpetual existence;
(b)
The conveyance contains appropriate provisions
for proper reversion or retransfer in event that the organization
becomes unwilling or unable to continue carrying out its functions;
and
(c)
A maintenance agreement acceptable to the Board
of Commissioners is entered into by the developer and the organization.
(6)
Private ownership of restricted open space. Restricted
open space may be retained in ownership by the applicant or may be
transferred to other private parties, subject to compliance with all
standards and criteria for restricted open space herein.
(a)
All or portions of the designated restricted
open space, where permitted by the Board of Commissioners, may be
included within or divided among one or more of the individual lots.
Where deemed appropriate, the Commissioners may require that responsibility
for maintenance of restricted open space be conferred upon and/or
divided among the owners of one or more individual lots.
C.
Required open space management plan.
(1)
Any application for conditional use approval of the open space design option, under this article shall contain a conceptual plan for the long-term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of: the manner in which the restricted open space will be owned and by whom it will be managed and maintained; the conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including conservation plan(s) approved by the Allegheny County Conservation District, where applicable; the professional and personnel resources that will be necessary in order to maintain and manage the property; the nature of public or private access that is planned for the restricted open space; and the source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of the conceptual management plan, as well as its compatibility with the open space resource protection objectives of § 240-90A shall be a factor in the approval or denial of the conditional use application by the Board of Commissioners.
(2)
The conceptual management plan shall be transformed
into a more detailed open space management plan and presented to the
Township for review and approval with the preliminary subdivision
and/or land development plan. The Board of Commissioners 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
Allegheny County. In order to allow for the changing needs inherent
in the perpetual management of land, the management plan shall contain
a provision to the effect that it may be changed by written application
to the Board of Commissioners so long as the proposed change is feasible
and consistent with the purposes of preservation of open space set
forth in this article and so long as the plan for such change avoids
a likelihood of the obligation for management and maintenance of the
land falling upon the Township without the consent of the Board of
Commissioners, and the approval of the Board of Commissioners in that
regard shall not be unreasonably withheld or delayed.
D.
Open space financial security.
(1)
All landscape improvements, plantings, accessways,
and recreational facilities within designated open space areas shall
be provided by the developer, as applicable. Financial security shall
be required to cover costs of all installation of proposed improvements
in the open space area. The financial security shall be in the same
form and adhere to the same conditions as otherwise required for proposed
improvements under the Township Subdivision and Land Development Ordinance.
(2)
An appropriate portion of the financial security will
be applied by the Township should the developer fail to install the
planting or recreational facilities.
At the time of filing an application for conditional
use approval, all application requirements of the Township Subdivision
and Land Development Ordinance[1] for preliminary approval of a subdivision or land development
shall be met. Once conditional use approval has been granted, final
approval of the subdivision or land development pursuant to all requirements
of the Township Subdivision and Land Development Ordinance shall be
required. In addition to the requirements of the Township Subdivision
and Land Development Ordinance, an application for conditional use
approval shall include the following information:
A.
Application for conditional use and preliminary approval of a subdivision or land development. In addition to the requirements of § 240-93 of this chapter for approval of a conditional use application and the requirements of the Township Subdivision and Land Development Ordinance for a preliminary application, the application for an open space design option shall include the following:
B.
Application for final approval of a subdivision or
land development approved as an open space design option. Following
conditional use approval of an open space design option and preliminary
approval of a subdivision or land development, the applicant may proceed
with an application for final approval under the terms of the Township
Subdivision and Land Development Ordinance, provided the following
is submitted with the application for final approval.
(1)
A final plat that shows compliance with all terms
and conditions of the conditional use approval and preliminary plan
approval.
(3)
Final open space management plan and any easements
necessary to preserve and maintain open space in a form acceptable
to the Township Solicitor and ready for recording in the Recorder
of Deeds Office.
(4)
Final homeowners' association documents, condominium
agreements or other legal agreements for ownership and maintenance
of the open space.
(5)
Building elevation drawings for all principal structures,
other than single-family dwellings.
