§ 1264.06 SPECIAL DEVELOPMENT REGULATIONS.
   (a)   Units in row. The number of units attached in a row shall be not less than four or more than six.
   (b)   Buffer area and planted visual screen.
      (1)   When a tract on which a townhouse development is proposed abuts single-family detached dwellings, the developer of the tract shall provide a 40-foot wide buffer area between the single-family detached lots and the townhouse development.
      (2)   Such buffer area shall extend from the tract boundary line towards the interior of the tract and shall consist of ground cover and other plantings. No structures, parking or impervious surface shall be permitted in the buffer area.
      (3)   When a tract intended for townhouse development abuts single-family dwellings, the developer shall provide a planted visual screen at the tract boundary.
   (c)   Open space. Not less than 35% of the tract area shall consist of usable open space suitable for recreational activities of the residents and their guests.
   (d)   Variations in setback and design. In each townhouse development, units shall have a single architectural theme, and no more than two consecutive units shall have the same front setback line. Variations in setback shall be not less than four feet. Each dwelling unit shall be distinguished from the adjacent unit in some appropriate manner such as varying unit width, use of different exterior materials, or varying arrangement of entrances or windows. In order to avoid linear design and facilitate privacy, buildings shall not be placed parallel to one another.
   (e)   Architectural plans. Architectural plans shall be included as part of the final plan submittal for townhouse developments.
   (f)   Landscaping. Any part of the site proposed for townhouse development which is not covered by buildings, parking or other paved areas shall be landscaped with trees, shrubs or ground cover in accordance with a landscaping plan which shall be reviewed by the Planning Commission and the Township Engineer. Trees and/or shrubs shall be planted in high visibility areas such as along the entrance drive and exterior road, in front of the dwelling units, and between parking areas. Landscaping shall be in accordance with § 1292.19.
   (g)   Parking. All parking shall be off-street in areas specifically designed for parking and shall comply with Chapter 1284.
   (h)   Refuse. All refuse shall be placed in rigid, vermin proof containers which shall be screened by means of a planted visual screen or a privacy fence. Also see § 1292.10.
   (i)   Lighting. Lighting facilities shall be provided and arranged in a manner that will protect the internal roadway and the townhouses from excessive glare. All internal roads, driveways, parking and pedestrian areas must be properly lighted to assure safe conditions and security for the residents.
   (j)   Signs. Signs shall be provided in accordance with Chapter 1282.
   (k)   Open space ownership and maintenance. The developer shall restrict the open space areas so that their use will be limited to the use which is proposed and ensure that it will be appropriately maintained in perpetuity. The developer shall also identify who will own the open space.
      (1)   The Township Solicitor shall review the open space ownership and legal method used to ensure compliance with the provisions of this chapter and shall determine whether it is effective.
      (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 Commissioners with the legal framework for the association, indicating its bylaws and methods for maintaining open space, which shall be acceptable to the Township Solicitor.
         B.   The association is to be organized by the landowner or developer and operating before the sale of any lots within the development.
         C.   Membership in the association is mandatory for all purchasers of dwelling units therein and their successors.
         D.   The members of the association shall share equitably the costs of maintaining the open spaces. If a member fails to pay his or her pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
         E.   The association shall be responsible for maintenance of insurance and taxes on open space.
         F.   The association shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Township Commissioners.
         G.   The association shall have the authority and ability to promptly correct hazardous conditions in the open space areas.
(Ord. 896, passed 12-21-2011)