[Ord. 94, 6/8/1988, § 2000; as amended by Ord.
163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1.
These provisions are designed to:
A.
Provide for a more varied, innovative, and efficient development
pattern.
B.
Guide new development in a manner compatible with existing uses,
architecture, landscapes and community character.
C.
Provide for the preservation of open space as a result of opportunities
for flexibility in lot designs and building arrangement not afforded
by conventional lot-by-lot development, allowing for buildings and
other improvements to be sited as a direct response to site conditions,
with the locations of lot lines reflecting land management decisions.
D.
Provide an effective means for identifying, organizing and maintaining
open space.
E.
Provide for necessary active and passive recreation areas to complement
existing open space and recreational uses.
F.
Preserve natural environmental resources and maintain ecological
stability by:
(1)
Encouraging the preservation of floodplains and thus supplement
Floodplain Conservation District regulations.
(2)
Limiting development on Class I, Class II and Class III steep
slopes.
(3)
Minimizing disturbances of existing topography.
(4)
Protecting the quality of existing watercourses, ponds, lakes,
wetlands and other water bodies.
(5)
Encouraging the preservation of groundwater resources through
the provisions of open space areas for groundwater recharge.
(6)
Conserving woodland and forest areas.
(7)
Protecting farming as a viable occupation.
G.
Encourage the preservation of existing and potential agricultural
land through the identification and use of open space lands which
are suited for agricultural production, particularly prime agricultural
land.
H.
Preserve historic and cultural resources by:
(1)
Promoting the preservation of significant historical and cultural
sites and structures as open space.
(2)
Protecting the character of historic and cultural sites and
structures by encouraging the designation of surrounding land as open
space.
(3)
Protecting scenic vistas from encroachment by development.
I.
Aid in the implementation of the Township Comprehensive Plan and
the attainment of the goals and objectives contained therein.
[Ord. 94, 6/8/1988, § 2001; as amended by Ord.
153, 5/3/1994, § 1; by Ord. 163, 2/4/1997, § I.4;
and by Ord. 195, 10/1/2002, § I.4]
The provisions of this part are applicable whenever any open
space option is utilized in the RA, RB, or RD Districts, and wherever
open space is established in accordance with the provisions of the
RD-C District as applicable.
[Ord. 94, 6/8/1988, § 2002; as amended by Ord.
138, 5/26/1992, §§ 50, 51; by Ord. 163, 2/4/1997, § I.4;
and by Ord. 195, 10/1/2002, § I.4]
1.
Applicants under any open space option are strongly encouraged to
submit a sketch plan to the Township Planning Commission and to discuss
community development and open space resource conservation objectives
with the Planning Commission prior to formal application for conditional
use approval. Applicants are advised to design conceptual plan(s)
in a manner which demonstrates conformance to the purpose statements
of this chapter to the greatest degree practicable.
2.
Application for conditional use approval for any open space option shall include a narrative report, maps and plans of sufficient detail to demonstrate compliance with this part, § 28-2713, and the Township Subdivision and Land Development Ordinance [Chapter 22]. The Board of Supervisors, in its sole discretion, may agree to accept consolidated applications for conditional uses when requested by an applicant.
3.
In granting conditional use approval to development plans in accordance with this part, the Board of Supervisors may waive applicability of any provisions of the Subdivision and Land Development Ordinance [Chapter 22] which may be in conflict with the purposes of this part in the context of any specific application. If the provisions of this part are inconsistent with other provisions of this chapter, the provisions of this part shall control.
[Ord. 94, 6/8/1988, § 2003; as amended by Ord.
113, 1/16/1990, § 89; by Ord. 138, 5/26/1992, § 52;
by Ord. 163, 2/4/1997, § I.4; by Ord. 195, 10/1/2002, § I.4;
and by A.O.]
1.
The following uses and no others may be permitted:
A.
B.
Permitted Open Space Uses.
(1)
Passive recreational uses.
(2)
Conservation uses to preserve woodland and forest areas, lakes,
ponds, streams and related landscape features.
(3)
Agricultural uses.
(4)
Planted areas used for required buffer areas and buffer planting
strips and noise control.
(5)
Buildings to be used for recreation or conservation purposes
presently existing in areas to be designated as open space.
(6)
Buildings to be used for permitted open space uses, provided
that such buildings shall not exceed a total square footage of 1,000
square feet.
C.
Municipal use.
[Ord. 94, 6/8/1988, § 2004; as amended by Ord.
113, 1/16/1990, § 90; by Ord. 138, 5/26/1992, §§ 53–55;
by Ord. 163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002,
§ I.4]
1.
Required Open Space. A minimum percentage of the tract area shall
be designated as and devoted to open space, in accordance with the
following schedule and subject to all criteria for required open space
herein:
C.
In the RD District under the flexible open space option: 40%.
D.
In the RD-C District, the provisions of Part 11 shall apply.
E.
Where a tract of land falls into more than one zoning district, the
open space requirement for the entire tract shall be calculated as
the sum of that required in each district separately, without regard
to ultimate geographic location of open space parcels relative to
each zoning district.
2.
Designated open space shall be owned and maintained in accordance with the provisions of § 27-2812.
3.
Within the development area, the applicant shall demonstrate that
the sewage disposal systems and water supply systems can operate and
function in a safe and efficient manner and will support the number
of lots or units proposed. In so doing, the applicant shall indicate
how such systems will operate and be maintained to serve the needs
of the residents of the development area and safeguard adjoining properties
and residents.
4.
No final plan shall be signed and recorded until all required permits
for sewage disposal systems and water supply systems have been obtained
by the applicant.
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Where conditional use approval is required, the proposed development must conform to all standards and criteria for conditional uses in Part 29, § 27-2914, and all other parts, sections, ordinances and regulations referred to herein. If in the opinion of the Board of Supervisors, the proposed development does not conform to such standards and criteria, or to the requirements of this part, the application for the approval of the conditional use shall be denied.
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[Ord. 94, 6/8/1988, § 2005; as amended by Ord.
163, 2/4/1997, § I.4; and by Ord. 195, 10/1/2002, § I.4]
1.
When computing the number of lots or dwelling units permitted where
the open space option is utilized, the following shall apply:
A.
The maximum number of lots which may be permitted as a conditional
use shall not exceed the hypothetical total which is computed by multiplying
the net acreage of the lot by the appropriate multiplier stipulated
below, after first excluding existing and proposed street, trail and
utility rights-of-way and/or easements, and excluding 50% of any lands
comprised of one or more of the following: floodplain, Class I, Class
II and Class III steep slopes, wetlands, waters of commonwealth and
waters of United States.
(4)
Where a tract of land falls into more than one zoning district,
the gross density of development permitted on the entire tract shall
be calculated as the sum of the density calculations made for each
district separately. Ultimate placement of dwelling units may reflect
a uniform plan for the entire tract without regard to zoning district
boundaries within the tract.
[Ord. 94, 6/8/1988, § 2006; as amended by Ord.
163, 2/4/1997, § 1.4; and by Ord. 195, 10/1/2002, § 1.4]
1.
In the RD-C District, the area and bulk requirements set forth in
Part 11 shall apply.
2.
When the standard open space option is exercised and where individual
on-site sewer and water service shall be provided, the area and bulk
regulations for single-family detached dwellings, except as specified
in Part 28 relative to setbacks, may be reduced as follows:
3.
When the standard open space option is exercised and where community
sewer and water service is provided, the area and bulk regulations
for single-family detached dwellings, except as specified in Part
28, relative to setbacks, may be reduced as follows:
4.
When either the flexible open space option or the bonus open space
option is exercised in accordance with conditional use approval, single-family
attached and multifamily dwellings may be provided, in addition to
single-family detached dwellings. For all permitted dwelling types,
the following area and bulk regulations, except as specified in Part
28 relative to setbacks, shall apply:
A.
Single-family detached dwelling units with community sewer and water
systems shall meet the following standards:
(1)
Minimum lot width at building line: 75 feet.
(2)
Minimum lot width at street line: 35 feet.
(3)
Maximum impervious surface coverage: 35%.
(4)
Maximum building coverage: 15% or 2,000 square feet, whichever
is greater.
(5)
Minimum depth of front yard: 25 feet.
(6)
Minimum depth of rear yard: 35 feet.
(7)
Minimum side yard (individual): eight feet.
(8)
Minimum side yard (aggregate): 20 feet.
B.
Single-family attached or semidetached dwelling units shall meet
the following standards:
(1)
Maximum building coverage: 45% or 1,500 square feet, whichever
is greater.
(2)
Minimum depth of front yard: 20 feet.
(3)
Minimum depth of rear yard: 20 feet.
(4)
The length of any row of dwellings shall not exceed six dwelling
units in any direction.
(5)
No principal building shall be closer than 35 feet from any
other principal building.
(6)
No building shall be closer than 35 feet from the street line.
C.
Minimum separation between buildings, except accessory buildings,
at any point shall be not less than 20 feet, except that minimum separation
shall not be less than 50 feet measured perpendicularly from the rear
wall of any residential structure to any point on any other building
not accessory to such residential structure.
D.
Minimum separation between accessory buildings and the principal
structures to which they are accessory at any point shall not be less
than that prescribed by applicable provisions of the BOCA Code.
E.
Minimum setback from the edge of cartway (or outside edge of curb,
if applicable) of any street shall be not less than 25 feet.
F.
All proposed dwelling units in a development utilizing either the
flexible or bonus open space option shall be situated so that they
are set back a minimum of 50 feet from the pre-development perimeter
boundary of the tract. Existing dwellings and dwellings resulting
from the conversion of existing structures shall be exempt from this
requirement.
H.
Maximum depth of any section of any residential building shall not
exceed 75 feet.
5.
Maximum Impervious Coverage. Under any open space option, maximum
impervious coverage limitations shall be established for each building
lot and open space parcel in accordance with the following schedule:
A.
Lots or parcels less than 20,000 square feet in area: 45%.
B.
Lots or parcels greater than or equal to 20,000 square feet and less
than one acre in area: 35%.
C.
Lots or parcels greater than or equal to one acre and less than five
acres in area: 25%.
D.
Lots or parcels greater than or equal to five acres and less than
20 acres in area: 15%.
E.
Lots or parcels greater than or equal to 20 acres and less than 50
acres in area: 10%.
F.
Lots or parcels greater than 50 acres in area: 5%.
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For purposes of determining maximum permitted impervious coverage
in open space areas, contiguous open space parcels shall be considered
as one parcel (i.e., three contiguous twenty-five-acre open space
parcels will not each be permitted 10% coverage, but will be considered
as one single seventy-five-acre parcel and will be permitted 5% coverage
maximum).
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[Ord. 94, 6/8/1988, § 2007; as amended by Ord.
163, 2/4/1997, § 1.4; and by Ord. 195, 10/1/2002, § 1.4]
1.
Architectural Design Submission Requirements.
A.
Where single-family attached and/or multifamily dwellings are proposed
under the provisions of this part as part of a conditional use application,
applicant shall provide drawings illustrating the general character
of the intended exterior design of structures, including principal
exterior materials. It is not the intention of the Township to govern
specific architectural design nor to link development approval to
any specific architectural design criteria. Rather, it is the purpose
of this section to promote design for residential buildings larger
than single-family homes in a manner which achieves one of the following
design objectives:
B.
Where single-family attached and/or multifamily dwellings comprise
residential structures in excess of 80 feet in length, applicant shall
demonstrate sufficient variation in roofline and/or articulation of
facade to mitigate the visual impact of long continuous building facades.
C.
Where the Board of Supervisors determines that architectural design
as presented by applicant is an essential means by which the proposed
use complies with the objectives of this section, the Board may require,
as a condition of approval, establishment of appropriate means to
guarantee general adherence to the intended architectural character.
D.
Applicant shall address proposed means of long-term maintenance of
exterior building facades and landscaping to the satisfaction of the
Board, for example, including where appropriate establishment of covenants
and/or homeowners' association documentation. In granting approval
of any conditional use, the Board may establish appropriate conditions
to require provision for long term maintenance of exterior building
facades and landscaping.
2.
Special Provisions for Conservation of Historic Resources.
A.
Historic resources shall be preserved to the greatest degree practicable,
through incorporation into the development plans and design, including
historic structures, ruins or sites, historic road or other transport
races, paths and trails, and any other historic landscape features.
B.
Density Bonus. In addition to the maximum permissible number of lots or dwelling units otherwise permitted under this section, applicant may provide dwelling units and lots therefor through the maintenance, renovation and/or adaptive reuse of structures included in the Bucks County Register of Historic Places subject to compliance with the standards in Subsection 1C, below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements.
C.
Standards for Historic Resources Providing Bonus Density. Applicant
shall comply with the following standards where maintenance, renovation
and/or reuse of any structure included in the Bucks County Register
of Historic Places is proposed in order to develop dwelling units
in addition to the maximum otherwise permissible:
(1)
Applicant shall demonstrate to the satisfaction of the Board
of Supervisors that development or construction plans involving rehabilitation,
alteration, or enlargement of any historical structure shall adequately
conserve the historical integrity of such structures, particularly
in terms of how they are viewed from any adjacent public street or
road.
(2)
Authentic period materials and color or appropriate replication
shall be utilized on any portion of any historic structure or enlargement
thereof visible from any existing or proposed public right-of-way.
(3)
Applicant shall demonstrate preservation of sufficient landscaped
or buffer area surrounding historic structures to retain the integrity
of the historical landscape setting. Applicant may demonstrate mitigation
of impacts to historical landscape setting through introduction of
vegetation or other screening in harmony with such landscape setting
and through retention of view lines which visually link historic structures
to their landscape setting.
(4)
Facilities and equipment for heating/air conditioning, trash
collection and compaction, aboveground utilities and other structural
elements not in keeping with historical architectural themes shall
be concealed architecturally or otherwise screened from view.
(5)
Applicant shall guarantee permanent adherence to these standards
through establishment of appropriate deed restriction(s), conservation
easement(s) or other agreement(s) in a form acceptable to the Township.
[Ord. 94, 6/8/1988, § 2008; as amended by Ord.
148, 9/7/1993, § 1, 2; by Ord. 163, 2/4/1997, § I.4;
and by Ord. 195, 10/1/2002, § 1.4]
1.
Locational Criteria. The following resources shall be considered
appropriate for designation as open space:
A.
Areas of Environmental Concern.
(1)
Floodway, flood fringe and flood prone areas as set forth in
Part 21.
(2)
Areas of Class I, Class II and Class III steep slope as set
forth in Part 22.
(3)
Large specimen trees, woodland and forest areas and unique plants
and vegetations.
(4)
Surface water resources such as lakes, ponds, streams, springs
and wetlands.
(5)
Terrestrial and aquatic wildlife, habitat, especially nesting
areas, wintering areas, biologically rich areas, vegetation edges
and other significant natural areas and features.
(6)
Unique geological features such as rock outcrops, unique landforms
and other topographical features.
B.
Historic and cultural sites and structures-land characterized by
the presence of the following:
(1)
Residential and other structures or sites on, or candidates
for, the National Register of Historic Places, the Pennsylvania Inventory
of Historic Places, or the Historic American Building Survey.
(2)
Sites and/or structures which may be identified as being historically
or culturally significant in the Comprehensive Plan or other recognized
study.
(3)
Prime agricultural soils. Class I, II and III as those terms
are defined by the U.S.D.A. Soil Conservation Service regulations.
(4)
Lands to be used for various passive recreational opportunities
and pursuits.
(5)
Lands relating to and adjoining the Delaware Division of the
Pennsylvania Canal.
2.
Special Criteria Applicable to Use of the Bonus Open Space Option.
In order to qualify for the bonus open space option, no less than
60% of the required minimum open space area meeting all applicable
criteria herein shall comprise one or more of the following resource
areas:
A.
Prime agricultural soils. Class I, II and III as defined and mapped
in the 1975 Soil Survey of Bucks and Philadelphia Counties.
B.
Woodlands and hedgerows mapped in the Township Comprehensive Plan.
For the purposes of this section, the extent of area occupied by any
woodland or hedgerow shall be measured from the outer-most drip line
of all the trees within the woodland or hedgerow.
C.
Lands adjoining and within 300 feet of:
(1)
The right-of-way of any road designated as scenic or very scenic
in the Township Comprehensive Plan.
(2)
The designated boundaries of Historic Districts at villages
on the National Register of Historic Places (Carversville, Phillip's
Mill, Centre Bridge and Lumberville).
(3)
The designated boundaries of the Delaware Division of the Pennsylvania
Canal National Historic Landmark.
[Ord. 94, 6/8/1988, § 2009; as added by Ord. 163,
2/4/1997, § 1.4; and amended by Ord. 195, 10/1/2002, § 1.4]
1.
When computing open space areas for purposes of determining compliance
with this part, the following shall not be counted as open space:
A.
Proposed and existing street, trail and/or utility easements.
B.
Active recreation areas.
C.
Detention and/or retention basins.
D.
Permanent areas used for retail sales of agricultural products, or
areas of uses accessory thereto. This shall not include the growing
areas used for Christmas tree farms, pick-your-own farms and the like.
E.
Parking areas or parking lots.
F.
Yards, setbacks, and minimum lot areas for existing or proposed dwelling units, may not be counted as open space areas, unless they are part of a buffer area or buffer planting strip as required in accordance with § 27-2609, Subsection 8.
G.
No more than 30% of the area to be used for approved sewage disposal
systems involving surface and/or subsurface land application of domestic
wastewater, subject to all applicable regulations governing such disposal
of wastewater.
2.
No more than 50% of the required open space shall be comprised by
floodway, flood fringe, or flood prone areas, wetlands, Class I, Class
II and Class III steep slopes, individually or in combination.
3.
No more than 20% of the area set aside as open space may be regraded
or disturbed, i.e., 80% of the open space must be left undisturbed.
[Ord. 94, 6/8/1988, § 2010; as added by Ord. 163,
2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1.
Minimum Contiguous Area. At least 75% of the required open space
shall be contiguous. In the remaining open space area(s), no open
space parcel shall be less than three acres.
2.
Minimum Parcel Width. The configuration of any parcel of open space
shall provide for a minimum width of 250 feet.
4.
Minimum Setback.
A.
Any recreational or agricultural buildings or structures within the
designated open space shall be located no less than 100 feet from
the perimeter lot lines; and no less than 50 feet from any new lot
line created within a tract, except for signs, fences, walls and the
like.
B.
Any other structures within the designated open space shall be located
no less than 50 feet from the perimeter property lines; and no less
than 25 feet from any new lot line created within a tract, except
for signs fences, walls and the like.
6.
Area Configuration.
A.
The open space designated within a development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles providing a maximum of accessibility to the residents of a development area, and in accordance with § 27-2813, and the Township Subdivision and Land Development Ordinance [Chapter 22].
B.
The open space designated within a development area shall be arranged
so as to encompass a single land parcel or minimum number of parcels,
linked by a common means of circulation and access; and it shall be
contiguous to the developed area and not separated from it by existing
roads unless safe pedestrian access can be provided. Open space areas
may be bisected by roads when approved by the Board of Supervisors.
C.
When open space is available on adjacent parcels, the designated
open space shall be arranged to maintain contiguity with other designated
open space areas or similar areas on adjacent lands, either by direct
contact or some common means of circulation and access, if possible.
D.
All designated open space shall be accurately and conspicuously delineated,
depicted and otherwise identified on the subject tract, and such open
space shall be differentiated as to its type and area.
[Ord. 94, 6/8/1988, § 2011; as added by Ord. 163,
2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1.
All open space shall be subject to a conservation easement which
shall be held by a private conservation organization, or if there
is no private conservation organization that is willing to accept
the conservation easement to the Township, together with an endowment
sufficient to provide for the ongoing monitoring and enforcement of
the easement. The endowment and all costs of the preparation and recording
of the easement and associated documentation shall be paid by the
developer. The open space may be owned (subject to the aforementioned
conservation easement) by:
A.
The Township.
B.
A homeowners' association.
C.
A condominium association.
D.
A private conservation organization.
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The following specific requirements are associated with each
of the various types of ownership:
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A.
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Dedication to the Township. The Township may, but shall not
be required to, accept an offer of a deed of dedication provided that:
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(1)
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Such land is accessible to the residents of the Township.
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(2)
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There is no cost of acquisition.
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(3)
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The Township agrees to and has access to maintain such lands.
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B.
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Homeowners' association. A nonprofit homeowners' association established pursuant to Subsection 3.
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C.
|
Condominium Association. The open space may be owned by a condominium
association. All open space land shall be held as "common element"
subject to the aforementioned conservation easement.
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D.
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Transfer to a Private Conservation Organization. With permission
of the Township, the landowner or developer may transfer fee simple
title to a private, nonprofit organization among whose purposes is
to conserve open space land; provided, that:
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(1)
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The organization is acceptable to the Township and is a bona
fide conservation organization with perpetual existence.
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(2)
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The organization is chartered under the laws of the Commonwealth
of Pennsylvania to administer deed restrictions limiting eventual
disposition of such property for the purposes stated in their Articles
of Incorporation.
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(3)
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The conveyance contains appropriate provisions for reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue to function.
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(4)
|
A maintenance agreement acceptable to the Township is entered
into by the landowner or developer and the organization.
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E.
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In the event of any proposed transfer of open space within the
methods permitted in this section, or of the assumption of maintenance
of open space land by the Township as hereinafter provided. Notice
of such action shall be given to all affected property owners.
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2.
If a homeowners' association is formed, it shall be governed according
to the following regulations:
A.
The landowner or developer shall provide the Township with a description
of the organization, including its bylaws and methods for maintaining
open space, in a form acceptable to the Township.
B.
The organization is to be organized by the landowner or developer
and operating with financial subsidization by the landowner or developer,
if necessary, before the sale of any lots within the development.
C.
Membership in the organization is mandatory for all purchasers of
dwelling units therein and their successors.
D.
The members of the organization shall share equitably the costs of
maintaining and developing open space, in accordance with procedures
established by them. If a member fails to pay his pro rata share,
then a lien against an individual property may be made in accordance
with the provisions for same in the by-laws of the organization.
E.
The organization shall be responsible for insurance and taxes on
open space.
F.
The organization shall have or hire adequate staff to administer
common facilities and maintain the open space to the satisfaction
of the Board of Supervisors.
3.
In the event that the organization established to own and maintain
open space or any successor organization, shall at any time after
designation fail to maintain the open space in reasonable order and
condition in accordance with any and all approved plans, the Township
may serve written notice upon such organization, or upon the residents
and owners of lots within the development from which the open space
was derived, setting forth the manner in which the organization has
failed to maintain the 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.
A.
At such hearing the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of the time
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modifications thereof shall not be cured
within said thirty day or any extension thereof, the Township or contractors
acting at its direction, in order to preserve the taxable values of
the properties and to prevent the open space from becoming a public
nuisance, may enter upon said open space and maintain the same for
a period of one year, at the expense of the organization. The cost
of any such maintenance shall be borne by the landowner or the owners
of lots within the development from which the open space was derived.
Said entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the residents and owners.
B.
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 open space, call a public hearing upon
notice to such organization, or to the residents and owners of the
project, to 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 organization is ready and
able to maintain said open space in reasonable condition, the Township
shall cease to maintain said open space at the end of said year. If
the Township shall determine such organization is not ready and able
to maintain said open space in a reasonable condition, the Township
may, in its discretion, continue to maintain said 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 such
case shall constitute a full administrative decision subject to judicial
review at the expense of a Homeowners' association, or other entity
which is involved.
C.
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the project that have a right of enjoyment
of the open space. The organization's agreement shall provide that
these costs may be confessed against the property. The Township, at
the time of entering upon said open space for the purpose of maintenance,
may confess judgment in the office of the Prothonotary of Bucks County,
upon the properties affected.
4.
The landowner of any subdivision or land development which is proposed
to contain open space or common open space shall arrange with the
Bucks County Board of Assessment when applicable, a method of assessment
of the open space which will allocate to each tax parcel in the subdivision
a share of the total assessment for such open space. Where this alternative
is to be utilized, the method of allocation shall be approved by the
Board of Supervisors.
[Ord. 94, 6/8/1988, § 2012; as added by Ord. 163,
2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
1.
In order to obtain conditional use approval under any open space option or to otherwise be granted approval for open space, any proposal shall reflect consideration of, and protective treatment toward the locational criteria listed in § 27-2809, Subsection 1, and, if the bonus open space option is chosen, the special criteria listed in § 27-2809, Subsection 2.
[Ord. 94, 6/8/1988, § 2013; as added by Ord. 163,
2/4/1997, § I.4; and amended by Ord. 195, 10/1/2002, § I.4]
Where open space is designated on a subdivision plan or is restricted
from further subdivision and/or development by deed restriction and/or
by a note on the subdivision plan, the open space shall not be further
subdivided, regardless of an intervening zoning change.
