Bristol Township City Zoning Code
ARTICLE XXVI
Open Space in Residential Developments
§ 205-137 General requirements.
A.
Residential subdivisions and mobile home parks with open space shall meet the open space requirements of this chapter. 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 approval of the final plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all applicable deeds.
B.
Open space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, parking areas for nonrecreational uses or land reserved for future parking areas for nonrecreational uses, stormwater detention or retention basins, or the yards or lots of dwelling units.
C.
Open space set aside may include natural features with a 100% protection standard. Recreation land may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
§ 205-138 Open space designation.
All land held for open space shall be so designated on the subdivision and land development plans. Such plans shall contain the following information:
A.
A statement that the open space land shall not be separately sold or further subdivided, except for transfer to the Township or a conservation organization approved by the Township; and a statement that the open space land shall not be further developed, except for recreational facilities.
B.
The use(s) of the open space shall be indicated on the plans. In designating the use(s), one or more of 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 ensure a neat and orderly appearance.
(2)
Natural area: an area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees, and brush shall be removed, and streams shall be kept in free flowing condition.
(3)
Recreation area: an area designated for a specific recreational use including but not limited to tennis courts, basketball courts, swimming pools, play fields, and tot-lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
C.
The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.
§ 205-139 Design standards for open space.
All open space areas shall provide a method of physically delineating private lots from open space areas. Such method may include shrubbery, trees, markers, or other method acceptable to the Township.
§ 205-140 Open space performance bond.
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 177, Subdivision and Land Development.
§ 205-141 Ownership of open space.
Any of the following methods may be used to preserve, own, or maintain open space: condominium, homeowners' association, dedication in fee simple, dedication of easements, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:
A.
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended,[1] all open space land shall be held as "common element." Such land shall not be eligible for sale 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.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
C.
Fee-simple dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided the following conditions are met:
(1)
Such land shall be freely accessible to the public.
(2)
There shall be no cost to the Township.
(3)
The Township agrees to and has access to maintain such lands.
(4)
The open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location, and improvement.
D.
Dedication of easements. The Township or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442 and county plans. The Township may accept such easements as it sees fit. In either case, there shall be no cost to the county or Township for acquisition or maintenance. The Township may require this method where it seems this is the most appropriate way of preserving land in open space.
E.
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee-simple title, with appropriate deed restrictions running in favor of the Township, or easements, to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the following conditions are met:
(1)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(2)
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.
(3)
A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
F.
Deed restrictions.
(1)
Buffer yards as required by this chapter may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements:
(a)
This form of ownership will be limited to buffer yards.
(b)
It may be used only if approved by the Township.
(c)
Restrictions meeting Township specifications must be placed in the deed for each property that has buffer yards within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this chapter.
(d)
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(2)
For nonresidential uses, buffer yards and areas of natural resources features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance.
(3)
In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development, provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided.
(4)
For any of the above options, the Township may accept, but is not required to accept, an easement to the open space land in the development.
§ 205-142 Costs.
Unless otherwise agreed to by the Township or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association, or homeowners' association. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association, or homeowners' association a fee which covers maintenance costs, administrative costs, and penalties as stipulated in this chapter.