§ 255-123.   Common areas.
[Amended 11-13-2007 by Ord. No. 1188, § 9]
   A.    .
      (1)   At least 10% of the site area of the must be in common space other than parking and roadways, including recreation space, space for laundry and storage facilities. Buffer areas may not count toward the minimum common space requirements.
      (2)   The common space shall be designed as a contiguous area unless the applicant demonstrates to the satisfaction of the Board of Commissioners that two or more separate areas would be preferable. The open space shall also have paved pedestrian and visual accessibility to all residents of the .
      (3)   Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the . Not less than 5% of the usable site area exclusive of lands within the required setback area shall be devoted to recreation. Recreation areas should be of a size, shape and relief that is conducive to active and passive recreation.
      (4)    . The or containing the management office and other shall be conveniently located for the intended. Consolidation of laundry, recreation, management and other in a single and location is encouraged, if the single location will adequately serve all .
      (5)   Maintenance. After the successful completion of the , provision acceptable to the Township Board of Commissioners and Solicitor for the maintenance and/or ownership of the common open space, service and recreational facilities shall be established.
   B.    .
      (1)   Open space. A minimum of 25% of the of the   shall be preserved as common open space, not a part of any privately owned . The open space shall be an undeveloped , the of which shall be limited to landscaping and the following:
         (a)   A walking/biking trail that will serve to connect the proposed with adjacent residential communities and other surrounding land . The trail(s) shall comply with current Township standards. The Board of Commissioners may authorize an alternative trail design as a conditional provided the applicant demonstrates the meet or exceed the Township’s standards.
         (b)   Open space may contain areas within the boundary setbacks, provided it is not improved for vehicular parking or circulation. It may also contain any required utility services and stormwater management facilities, provided the utilities are below ground and the facilities are designed using best management practices, such as, for example, naturalized basins, ponds and/or rain gardens.
         (c)   Open space shall include, to the greatest extent practical, any existing environmentally sensitive . Such include, but are not limited to, , wetlands, streams, slopes greater than 15%, and areas of mature woodlands.
         (d)   Recreational area. At least 10% of the open space shall be consolidated in one centrally located area, such as a common green or pocket park, for the residents’ active or passive .
      (2)   Maintenance and operation of and .
         (a)   The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of . Such plan shall:
            (i)   Define ownership.
            (ii)   Establish necessary regular and periodic operation and maintenance responsibilities.
            (iii)   Estimate staffing needs, insurance requirements, and associated costs and define the means for funding on an ongoing basis from year to year. Such funding plan shall include means for funding long-term capital as well as regular yearly operating and maintenance costs.
            (iv)   At the Township’s discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of for up to one year from the date the residents assume majority control of the .
         (b)   Failure to maintain; corrective action. In the event that the organization established to maintain , or any successor organization thereto, fails to maintain all or any portion of the in reasonable order and condition, the Township may enter the premises and take corrective action.
            (i)   The costs of such corrective action may be charged to the property owner or and may include administrative costs and penalties as stipulated in Article XXVI of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Montgomery County.