In this section relating to common open space, the term
OPEN SPACE shall be construed to mean common open space as defined in § 1250.07.
(a) General regulations.
(1) Areas agreed by the developer and the township to be set aside for common open space shall be suitable for that purpose and consistent with the township policy and plan for future land use.
(2) Open space areas shall contain no major structures other than those related to the purpose of the open space.
(3) Open space areas shall be arranged and located to serve the residents of the development adequately and conveniently, taking into consideration the characteristics of the site, and to preserve and enhance desirable natural features.
(4) Any land designated as common open space shall be restricted to continue as such by an appropriate method approved by the Township Commissioners.
(b) Common open space design standards.
(1) A minimum of 40% of the gross tract area of the tract shall be devoted to common open space.
(2) Not less than 60% of the total common open space areas shall be outside the floodplain areas and areas with slopes of 25% or more.
(3) Open space areas shall be not less than 70 feet wide and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network or tot lot.
(4) Open space areas shall be undivided by any road crossings, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.
(5) Such areas shall be suitably landscaped by retaining existing natural cover and wooded areas and/or by a landscaping plan which is consistent with the purposes of this section and which minimizes maintenance costs.
(c) Performance bond.
(1) Designated planting and recreation facilities within the open space area shall be provided by the developer. A performance bond or other security shall be required to cover costs of installation.
(2) An appropriate portion of the performance bond or other security will be forfeited by the developer should he or she fail to install the planting or recreational facilities.
(d) Ownership and maintenance of common open space.
(1) An essential element of the tentative plan is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.
(2) The Board of Commissioners may, at any time and from time to time, accept the dedication of designated land and/or any interest therein for public use and maintenance, but the Board need not require as a condition of the approval of a PRD that land proposed to be set aside for common open space be dedicated or made available to public use.
(3) A. In the event that common open space is not dedicated or made available to public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. Such agreements shall be subject to the approval of the Board and contain provisions respecting the right to lien property owners for maintenance charges incurred by the township in event of default. In any case, the organization provided for the ownership of open space land not dedicated for public use shall be constituted of the property owners within the PRD.
B. The plan may provide that the property owners association may lease back open space lands to the developer, his or her 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:
1. The residents of the PRD shall at all times have access to the open space lands contained therein;
2. The common open space to be leased shall be maintained for the purpose set forth in this Zoning Code; and
3. The operation of open space facilities may be for the benefit of the residents only, or may be open to the general public in accordance with prior commitments to the Board.
(4) The form of the lease shall be subject to the approval of the Board, and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements shall be recited in the deed and shall be recorded with the Recorder of Deeds of the county within 30 days of their execution, and a copy of the recorded lease shall be filed with the Secretary of the township.
(5) The plan to provide for the ownership and maintenance of common open space shall include:
A. A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained; and
B. A method reasonably designed to give adequate notice to property owners within the PRD in the event of the sale or other disposition of common open space lands and in the event of assumption of the maintenance of common open space lands by the township as hereinafter provided.
(6) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and conditions in accordance with the development plan, the Board may proceed as provided in the Pennsylvania Municipalities Planning Code to demand that deficiencies of maintenance be corrected or the Township will enter upon and maintain common open space. Notice to the affected property owners in accordance with the provisions of the Master Plan shall be deemed to be adequate notice by the township. The cost of such maintenance by the township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space, and shall become a lien on said properties. The township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of the county upon the properties affected by the lien within the planned residential development.
(Ord. 896, passed 12-21-2011)