§ 27-1315. Open Space.

   The open space shall be located so as to be consistent with the objectives and purposes of a planned residential development and shall adhere to the following requirements:

      1.   A minimum of 30% of the lot area of the planned residential development shall be devoted to common open space. Stormwater facilities shall be excluded from the calculation for open space unless the stormwater facilities are included in the landscaping plan.

      2.   There shall be provisions which ensure that the open space land shall continue as such and be properly maintained. The developer shall either:

         A.   Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;

         B.   Retain ownership and responsibility for maintenance of such open space land; or

         C.   Provide for and establish one or more organizations for the ownership and maintenance of all common open space.

         D.   The organizational documents for such organization shall be reviewed and approved by the Township Solicitor and shall, at a minimum provide for:

            (1)   Operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development;

            (2)   Mandatory membership in the organization for all owners of dwelling units;

            (3)   Maintenance of insurance and taxes on common open space;

            (4)   Maintenance and development common open space;

            (5)   Provisions for governance of the organization;

            (6)   Provisions for remedies for failure to maintain common open space.

      3.   Common open space shall be provided in the form of internal open space, greenways, and perimeter buffers. Internal open space shall be designed to provide a variety of outdoor experiences and amenities, such as pocket parks, plazas, greens/squares, mini park/play areas, or neighborhood parks. There shall be at least one internal open space type located within 1,500 feet of 90% of all dwellings within a new neighborhood, determined by a 1500-foot-radius from the outermost boundary of such open space.

      4.   Internal open spaces shall contain a minimum area of 500 square feet and shall be shaped in a rectangular or square shape. Internal open space shall be spatially enclosed on at least two sides by the buildings that front on the area or front upon the streets bounding the area. The internal open space shall be landscaped such that a minimum of 75% of the area is covered with trees, shrubs, lawn and/or ground cover, where a majority of all vegetation is native species. A minimum of 50% of internal open spaces shall be designed as active gathering places for strolling, sitting, social interaction and informal recreation.

      5.   Each development shall be designed to have one primary internal space, which shall be considered as part of the 30% common open space requirement and shall be referred to as the "community green." The community green shall have a minimum area of 10,000 square feet, and the size, shape and design of the community green shall provide adequate space for concerts, outdoor exhibits and community gatherings, based on the number of residents expected in the development. Public rest rooms shall be considered in each community green. The community green should be surrounded by development which may include residential, commercial and other public or civic uses. If the development includes a Main Street commercial area, the community green shall either front or terminate the Main Street or incorporated into a combined community focus for the development.

(Ord. 2024-01, 5/13/2024)

§ 27-1316. Enforcement and Modification of the Plan.

   To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the following provisions:

      1.   The provisions of the development plan relating to:

         A.   The use, bulk and location of buildings and structures;

         B.   The quantity and location of common open space, except as otherwise provided in this Part; and

         C.   The intensity of use or the density of residential units; shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.

      2.   All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.

      3.   All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed, or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:

         A.   No such modification, removal or release of the provisions of the development plan by the municipality shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.

         B.   No modification, removal or release of the provisions of the development plan by the municipality shall be permitted except upon a finding by the Board of Supervisors following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Part, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.

         C.   Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.

(Ord. 2024-01, 5/13/2024)

§ 27-1317. Violations.

   Any person, partnership, corporation or other entity, who or which has violated the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the defendant violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the Township.

(Ord. 2024-01, 5/13/2024)

ZONING MAP AMENDMENTS

Zoning Map Amendments
Ord./Res.	Date	Subject
2006-05, §2	9/25/2006	Establishing the SRR Overlay District as containing all of those tracts or parcels of land located within the following area:
		A.   Bounded on the north by Schoolhouse Road.
		B.   Bounded on the south by Canal Road and Davidsburg Road.
		C.   Bounded, on the east by North Salem Church Road.
		D.   Bounded on the west by Clearview Road.
		As shown on the SRR District Overlay Map attached as an appendix the ordinance.
2006-06	9/25/2006	Rezoning a tract known as the Dover Quarry, a tract known as the Binder Quarry and a tract known as the Lamparter tract from Conservation District to Industrial District to provide for the reasonable development of minerals in the Township.