1. Eligibility. The area for proposed development must consist of a contiguous parcel of at least 2 acres.
2. Density Bonus.
A. The average gross residential density in an R-3 District may be increased by one dwelling unit per acre for each 5 percent of the total land area designated as and devoted to common open space, according to the minimums and maximums established in the bonus schedule:
Bonus Schedule
Minimum Maximum | |||||
Common open space | 20% | 25% | 30% | 35% | 40% |
Average gross residential density | 5 | 6 | 7 | 8 | 9 |
Approximate net density | 6.25 | 8.0 | 10.0 | 12.3 | 15.0 |
B. The minimum average gross residential density shall be five units per acre with 20 percent common open space.
C. The maximum average gross residential density shall be nine units per acre with 40 percent common open space.
3. Design and Location Standards.
A. Site Design.
(1) All housing shall be designed with regard to the topography and natural feature of the site.
(2) All housing shall be sited so as to enhance privacy and insure natural light for all principal rooms.
(3) Variations in setbacks shall be provided where necessary to create a more pleasing layout.
(4) Housing at the periphery of the development shall be designed so as to be harmonious with neighboring areas.
(5) No structure shall be within 20 feet of the right-of-way of access roads or of parking areas.
(6) No structure shall be less than 50 feet from the property lines of the development, and a planting strip of at least 20 feet in width shall be provided along all property lines at the periphery of the development where necessary to protect the privacy of neighboring residents.
B. Tree Conservation and Erosion Controls.
(1) Existing trees shall be preserved wherever possible. The protection of trees of 4-inch caliper or over shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
(2) The development shall be designed and programmed so as to minimize earthmoving, erosion, and the destruction of natural amenities.
(3) Seeding, sodding, and other planting shall be applied to stabilize topsoil on steep slopes.
(4) Erosion control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins, and planting temporary ground cover shall be instituted as necessary and as required to comply with the Stormwater Management Act, 32 P.S. §680.1 et seq . [Ord. 2012-03]
C. Landscaping.
(1) All parking areas shall be landscaped. The interior of each parking lot shall have one 4-inch caliper shade tree for every eight cars.
(2) Shade trees shall be provided along all streets. No less than 2-inch caliper trees shall be planted for each 50-foot section of collector streets.
4. Standards for Location and Management of Common Open Space.
A. Dimension. The area for each parcel of common open space to be used for active recreational use shall not be less than 6,000 square feet in area not less than 30 feet in its smallest dimension. Not less than 20 percent of the total area to be developed using the density bonus provisions shall be designated as and used exclusively for common open space.
B. Ownership. Any of the following methods may be used, either individually or together, to preserve, own, and maintain open space: condominium, homeowners association, dedication in fee simple and easements. 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 are specific requirements associated with each of the various methods:
(1) Condominium. The common open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act, 68 Pa.C.S.A. §6101 et seq. All open space land shall be held as “common element.” [Ord. 2012-03]
(2) Homeowners Association. The common open space may be held in ownership by a homeowners association.
(3) Fee Simple Dedication. The Borough may, but shall not be required to, accept any portion or portions of the common open space provided:
(a) Such land is accessible to the residents of the Borough.
(b) There is no cost of acquisition.
(c) The Borough has access to and agrees to maintain such land.
(4) Easements. The Borough may, but shall not be required to, accept easements for public use of any portion or portions of common open space, title of which is to remain in ownership by condominium or homeowners association, provided:
(a) Such land is accessible to the residents of the Borough.
(b) There is no cost of acquisition.
(c) A satisfactory maintenance agreement is reached between the developer and the Borough.
C. Development Rights and Plan Recording. The development rights for any land designated as and used for common open space shall be transferred to the Borough. Any such area or areas shall be properly delineated on the development plan as filed with the County Recorder of Deeds.
D. Specific Requirements for Homeowners Associations. If a homeowners association is formed, it shall be governed according to the following regulations:
(1) The developers shall provide the Borough with a description of the organization, including its by-laws and methods for maintaining the open space.
(2) The organization shall be established by the developers and shall be operating before the sale of any lots within the development.
(3) Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(4) The organization shall be responsible for maintenance of and insurance and taxes on all common open space.
(5) 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.
(6) 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 Borough, notice of such action shall be given to all property owners by the homeowners association within the development.
(7) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(8) The homeowners association may lease back open space lands to any qualified person for the operation and maintenance of open space lands, but such a lease agreement shall provide:
(a) That the residents of the development shall at all times have access to the common open space contained therein.
(b) That the common open space to be leased shall be maintained for the purposes set forth in this Chapter.
(c) That the operation of open space facilities must be for the benefit of the residents or for the benefit of all Borough residents.
Such lease shall be subject to the approval of the Borough Council and any transfer or assignment of the lease shall be further subject to the approval of the Borough Council. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Dauphin County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Borough.
E. Location, Design and Layout.
(1) Common open space shall be designed and located as areas easily accessible to residents. Natural features shall be preserved to the greater extent possible.
(2) The use, type of maintenance to be provided, and planting plan or schedule for the common open space shall be specified in all development plans as required by the Dauphin Borough Subdivision and Land Development Ordinance [Chapter 22]. In designating use and maintenance, the following classes may be used:
(a) 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 insure a neat and tidy appearance.
(b) Natural Area. An area of natural and undisturbed vegetation. Meadows shall be maintained as such. The proliferation of weeds, undesirable plants, litter, dead trees and brush shall not be permitted.
(c) Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond may be required to cover the costs of installation in accordance with this Chapter.
F. Maintenance.
(1) In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition, the Borough may serve written notice upon such organization or, if no such organization exists then 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 Borough 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 granted extension thereof, the Borough, in order 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 1 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 voluntarily dedicated to the public by the residents and owners and such dedication is accepted by the Borough. Before the expiration of said year, the Borough 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 Borough, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough determines that such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may at its option, 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 Borough in any case shall constitute a final administrative decision subject to judicial review. In the event that the Borough enters said common open space for maintenance purposes, the homeowners association shall assume all liabilities incurred in the performance of any such maintenance.
(2) The cost of such maintenance and enforcement proceedings by the Borough shall be assessed ratably against the properties within the development and shall become a lien on said properties. Said assessments of charges shall be subordinate in lien to the lien of any prior mortgage or mortgages on the property which is subject to such assessments or charges. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien, in the office of the Prothonotary of the County, upon the properties affected by such lien within the development.
G. Coordination with Subdivision and Land Development Ordinance.
(1) It is the intent of this subsection that subdivision review under the Subdivision and Land Development Ordinance [Chapter 22] be carried out simultaneously with the review of a development using the density bonus provisions authorized under Part 6 of this Chapter.
(2) Development plans must be submitted in a form which will satisfy the requirements of the Subdivision and Land Development Ordinance [Chapter 22] for preliminary and final plans.
(3) The requirements for both this subsection of this Chapter and those of the Dauphin Borough Subdivision and Land Development Ordinance [Chapter 22] shall apply to all developments using the density bonus provisions.
(Ord. 77-5, 2/28/1977, §605; as amended by Ord. 2012-03, 12/4/2012)