Open space residential development in the Conservation Zoning District shall meet the following standards:
A. Applicability. An open space residential development is restricted to residential subdivisions which involve 20 or more acres.
B. Open Space Areas Defined.
(1) Environmentally sensitive areas such as wetlands, steep slopes of 20% or over, streams, lakes, ponds.
(2) Open space areas shall consist of mature woodlands, upland buffers around wetlands and water bodies, prime farmland, natural meadows, critical wildlife habitats, scenic views, site listed on the Pennsylvania Natural Diversity Inventory, historic sites, rock outcroppings, culturally or archeologically significant sites.
C. Minimum open space provided shall be 60% of the total tract area.
D. Lots created within the open space development shall meet the following requirements:
(1) Minimum lot area requirements:
(a) 13,000 square feet where public water and sewer are provided.
(b) 21,780 square feet where public water and on-lot septic are provided or on-lot well and public sewer are provided.
(c) 43,560 square feet where private on lot septic and private well are provided.
(2) Minimum lot width requirements on a public street:
(a) 80 feet with public sewer and water.
(b) 100 feet with on-lot septic and public water or public sewer and on- lot well.
(c) 150 feet with on-lot septic and on-lot well.
(3) The minimum yard regulations shall be:
(a) Public water and public sewer:
1) Front yard: 15 feet.
2) Side yard: 5 feet minimum; 12 feet total.
3) Rear yard: 25 feet.
(b) Public water and on-lot septic or on-lot well and public sewer:
1) Front yard: 25 feet.
2) Side yard: 7 feet minimum; 16 feet total.
3) Rear yard: 30 feet.
(c) On-lot well and on-lot septic:
1) Front yard: 35 feet.
2) Side yard: 8 feet minimum; 20 feet total.
3) Rear yard: 35 feet.
(4) Height regulations:
(a) Principal building: 35 feet.
b) Accessory building: 20 feet.
(5) Coverage regulations:
(a) Single family: Impervious surfaces shall not exceed 25%.
E. Streets. Streets shall meet the following standards:
(1) A street shall not be located within 50 feet of a wetland or floodplain.
(2) Lots shall front on a collector street or minor street within the development.
(3) Street right of way and roadway widths shall meet the following requirements:
(a) Arterial - as determined after consultation with the Borough Council and PennDOT.
(b) Collector - 50 feet right of way 28 feet roadway width.
(c) Minor - 50 feet right of way 28 feet roadway width.
(4) Streets shall follow contours to minimize grading.
(5) Streets shall be in accordance with Chapter 22, Part 5, §22-502, Subdivision and Land Development Ordinance.
F. Design Standards.
(1) Fifty percent of trees, shrubs or groundcover removed shall be replaced with native species. Invasive species as defined by the Pennsylvania Department of Conservation and Natural Resources shall be prohibited.
(2) Utilities shall be underground.
(3) Eight percent of the required open space shall remain in its natural state.
(4) Minimum open space area shall be 1 acre.
(5) Minimum open space width shall be 100 feet.
(6) Further subdivision of required open space shall be prohibited.
(7) All open space shall be accessible from a public street or public pedestrian walkway.
(8) The minimum width for a public pedestrian walkway to access open space shall be 10 feet.
(9) Required open space shall not include streets, private yards, minimum required spacing between buildings, off-street parking.
(10) Open space intended for recreational or public use shall be easily accessible to pedestrians and conform to all State and Federal regulations for handicapped accessibility.
(11) Open space may include underground utility transmission lines, pipelines, or drainage easements.
(12) Open space shall directly abut 50% of the lots within the development to provide direct views and safe and convenient pedestrian access to the open space from all lots not adjoining such areas.
G. Methods of Ownership and Maintenance. Open space within the open space residential development shall be owned, administered and maintained by any of the following methods, either individually or in combination:
(1) Homeowners Association. Land to remain in open space may be conveyed to a community association to be owned by the owners of the lots within the development. Ownership thereof shall pass with conveyance of the lots in perpetuity. A homeowners association shall be established for the purposes of permanently maintaining all residual, commonly owned open space or recreational facilities. The association shall be formed and operated to include, as a minimum, the following provisions:
(a) The association shall be formed by the developer and operated with financial subsidization by the developer before the sale of any lots within the development.
(b) The developer shall provide a written description of the association including its bylaws and methods for maintaining the open space.
(c) To ensure that the cost of maintaining the open space is shared equally by all property owners, membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be described in the bylaws.
(d) The association shall be responsible for maintaining open space and providing insurance coverage, enforceable by liens placed by the association. Maintenance obligations may also be enforced by the Borough which may place liens to recover its costs.
(e) Members of the association shall equitably share the costs of maintaining and developing the open space. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities within the open space area (which shall be deposited in a fund reserved for such purposes).
(f) In the event of a proposed transfer of open space area by a homeowners association or the assumption of maintenance of such land by the Borough, notice of such action shall be given to all property owners within the development.
(g) Associations shall retain or contract adequate personnel to administer common facilities and properly and continually maintain the open space area.
(h) Associations may lease open space to any other qualified person or corporation for operation and maintenance of such areas, but such a lease agreement shall, at a minimum provide:
1) That the residents of the development shall at all times have access to the open space area contained therein.
2) That the open space areas to be leased shall be maintained for the purposes and uses set forth in this Part; and upon request, copies of such leases shall be provided to the Borough.
3) That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Borough, at the election of the developer and/or the association.
(2) Condominiums. In order to facilitate public matters, such as the collection of taxes on open space areas and associated facilities, such land and facilities may be controlled through the use of condominium agreements, approved by Borough Council. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All open space areas shall be held as “common element.” Condominium associations shall be subject to subsection (1).
(3) Conveyance to Private, Public or Nonprofit Conservation Organizations or Preservation Trust. Land to remain in open space may be conveyed to a private, public or nonprofit conservation organization or preservation trust with the following provisions:
(a) The organization receiving such land shall be acceptable to the Borough Council and shall be a bona fide conservation organization with perpetual existence.
(b) Ownership of the open space shall pass with conveyance of the lots in perpetuity.
(c) The Borough shall have the first and last offer of conveyance of open space.
(4) Transfer of Easements to a Private Conservation Organization. With the permission of the Borough Council, an owner may transfer easements to a private, public or nonprofit organization recognized by the Borough, among whose purposes it is to conserve open space and/or natural resources, provided that:
(a) The organization is acceptable to the Borough Council and is a bona fide conservation organization with perpetual existence.
(b) The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(c) A maintenance agreement acceptable to Borough Council is entered into by the developer and the organization.
(5) Dedication of Easements. The Borough may, but shall not be required to, accept easements for public use of any portion or portions of open space, title of which is to remain in ownership by condominium or homeowners association, provided that:
(a) Such land is accessible to Borough residents.
(b) There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance.
(c) A satisfactory maintenance agreement is reached between the developer, condominium or homeowners association and the Borough.
(6) Offer of Dedication. The Borough may accept dedication in the form of fee-simple ownership. The Borough may, but shall not be required to, accept open space areas, provided that:
(a) Such land is accessible to the residents of the Borough.
(b) There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance.
(c) The Borough agrees to and has access to maintain such lands.
(d) Where the Borough accepts dedication of open space that contains improvements, the Borough Council may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall be determined in accordance with Chapter 22, Part 6, §603, Subdivision and Land Development Ordinance.
H. Maintenance Standards.
(1) A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open space. A maintenance and operations plan shall be submitted detailing the kinds of tasks that will need to be undertaken on a regular basis to control invasive species and to promote a varied habitat for plant and animal life, the various responsibilities for those maintenance tasks and the entities that will perform those tasks, both short and long term.
(2) Failure to adequately maintain the open space in reasonable order and condition shall constitute a violation of this Chapter.
(3) When an open space violation exists, the Borough shall notify the owner of such violation and shall require the open space to be maintained within 10 days from the date of notification. Failure to comply with the terms of such notification shall constitute a nuisance and, after the expiration of 10 days from the date of notice, the Borough may cause the open space to be maintained and may collect the costs thereof, together with a penalty of 10% of such costs, and file municipal claim therefor.
(4) Maintenance Security. The developer shall provide a financial security in the amount established by the Borough to maintain the open space.
(5) Density Bonus to Endow Maintenance Funds. The Borough may allow a density bonus of 5% of the total number of lots permitted in the development, not to exceed five lots, to generate additional income to the applicant for the express and sole purpose of endowing a permanent fund to offset continuing open space maintenance costs. In such cases, 75% of the net selling price of each of the bonus lots shall be deposited to said permanent fund. Spending from this fund shall be restricted to interest in order that the principal is preserved.
(Ord. 462, 8/14/1994; as added by Ord. 560, 6/13/2005)