1. Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space, except for allowed improvements consistent with the furthering of noncommercial recreation, agricultural, conservation, or aesthetic purposes. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.
2. Layout of Open Space.
A. Open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Major recreation areas shall be located to serve all residents. Open space is most needed in areas of highest density. The intent is to provide open area as close to the individual units as possible. Narrow strips of land or irregularly shaped areas shall not be permitted as open space. In open space that was required to be established to preserve productive agricultural soils, the configuration of the open space shall be designed so that it is useable for agricultural purposes. See also § 509.2.J.
B. Areas set aside to meet minimum open space requirements, shall contain no structures, stormwater management facilities, or utility easements, except as provided in subsection .3.B below.
C. Open space areas shall be interconnected with open space areas on abutting parcels wherever possible.
3. Open Space Designation.
A. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in the categories established in paragraph .C(1), (2), (3) or (4) below: “open space land may not be further developed except for the addition of farm buildings or other structures related to continuing agricultural activities on that land by special exception. Open space shall not be further subdivided except for open space purposes and by special exception.” In deciding on the special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards regarding layout, circulation, and performance it deems necessary to protect adjacent residential uses from undesirable effects of noise and odor, within the limitations of the State Right to Farm Act being 3 P.S. §§ 951 - 957 and to promote a visual character in harmony with the intended nature of the area.
B. Rights of way and easements containing existing overhead utility lines, existing pipelines for the transmission of oil and gas and other materials and existing or proposed underground electric, telecommunications, and fiber optics are permitted within the required open space provided they do not hinder the approved use of that space (e.g., plowing within the AD Zoning District). Sanitary sewer, including community treatment systems and stormwater management facilities including basins, shall not be permitted in the open space.
C. All plans shall further designate the use of open space (such as recreational or for resource protection), the type of maintenance to be provided, a method to ensure such maintenance will be provided, and a planting plan with a schedule. In designating use and maintenance, the following classes may be used:
(1) 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 orderly appearance. This category is primarily for land for recreation uses.
(2) Natural Area. An area of natural vegetation undisturbed during construction, or replanted with trees, shrubs, and other plant materials indigenous to the area. Such areas may contain pathways. Maintenance may be minimal but shall prevent proliferation of noxious weeds and undesirable plants such as Canadian Thistle and Multiflora Rosa. Streams shall be kept in free flowing condition with streamside vegetation left in its natural condition. This category is primarily for open space for resource protection purposes.
(3) Recreation Area. An area designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffle board, play field, and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use. This category is primarily for land for recreational purposes.
(4) Farmland or Farmland Lot. A parcel dedicated to agricultural activities, or a lot created in conformance with §§ 509.2.J and 510, either of which are intended to preserve productive agricultural soils, and which are restricted against further subdivision or nonagricultural development as provided in § 513.5.
D. A minimum of 50 percent of the required open space shall be in one lot, except that such 50 percent may be separated by a maximum of one street and may be separated by creeks. Open space may also be traversed by an accessway limited to emergency vehicles.
4. Open Space Performance Bond. A performance bond or other security shall be required to cover cost of installation of designated planting and recreation facilities within open space in accordance with provisions of the Subdivision and Land Development Ordinance.
5. Methods of Conveyance and Ownership. Open space shall be preserved by one of the following means which shall be selected by the Board of Supervisors and shall be subject to the Board of Supervisors’ sole discretion.
A. Dedication in Fee Simple to the Township. Prior to acceptance of open space land, the Board of Supervisors will seek recommendations from the Township Planning Commission. The Township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas provided:
(1) It is determined by the Board of Supervisors that the land is suitable and will serve the general public.
(2) The Township agrees to and has access to maintain the land.
(3) The title is conveyed to the Township without cost.
B. Conveyance to a conservancy, corporation, association, funded community trust, condominium or similar legal entity shall be allowed, provided:
(1) The land shall include a permanent conservation easement enforceable by the Township, which shall guarantee continued use of the land for the intended purposes in perpetuity and which shall require approval by Board of Supervisors prior to ownership of the land being transferred to another entity.
(2) Proper maintenance and continued funding for maintenance must be guaranteed.
(3) The corporation or association shall be responsible for liability insurance, taxes, and recovery from loss sustained by casualty, condemnation or otherwise. Certificates of insurance and tax payment receipts shall be provided to the Township.
(4) The corporation or association shall not be dissolved nor shall it dispose of the open space, except to another similar organization established to own and maintain the open space and which meets the approval of the Township. The corporation or association must first offer to dedicate the open space to the Township at no cost before such sale or disposition of the open space takes place.
C. Conveyance of a permanent conservation easement that is enforceable by the Township, while the land remains owned by an entity other than the Township. Such easement may also be granted to a conservancy, corporation, funded community trust, or similar legal entity as may be approved by the Township as an additional method of oversight and enforcement.
D. Private Holding. The Township may approve that the open space is part of fee simple lots with a permanent conservation easement enforceable by the Township, provided:
(1) The terms of the agreement guarantee the continued use of the land for the preservation of open space.
(2) The cost and responsibility of maintaining private holding open space shall be the responsibility of the owner of the open space.
(3) Including open space within fee simple lots shall only be permitted at the discretion of the Board of Supervisors and shall not be part of any lot necessary to meet requirements for lot width, area, or yards as specified in Article 6.
E. Land designated as open space for preservation and agricultural soils (resource protection) may include farm buildings, a pre-existing residence, and other structures related to continuing agricultural activities on that land. These areas may not be available for public use. All open space intended for agricultural purposes shall be so designated on the plans. The plans shall contain the following statement or a similar statement pre-approved by the Township: “required open space land may not be further developed and shall not allow any new buildings, except for the addition of accessory farm buildings or other nonresidential structures related to the agricultural activities on that land by special exception. Required open space shall not be further subdivided.” In addition, a declaration of covenants, conditions and restrictions in a form approved by the Township, shall be recorded with respect to land to be preserved as open space and agricultural soils. See § 513.3.A regarding conditions that may be placed upon a special exception approval.
(Ord. passed 10-2-2007, § 511)