Moosic City Zoning Code
ARTICLE IV
Supplementary Lot, Height and Yard Regulations
§ 300-13 Zone lot regulations.
A.
Existing zone lots of record.
(1)
In any district a structure may be erected on a nonconforming zone lot of official record at the effective date of this chapter irrespective of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot.
(2)
In an R District, only a single-family detached dwelling or a residential accessory use may be erected on a nonconforming lot.
(3)
A single-family detached dwelling or an appurtenant use accessory to an adjacent principal permitted use may be constructed on any vacant nonconforming lot in any R District regardless of its area or width if it complies with the following:
(a)
Said lot is in existence as an entity at the time of passage of this chapter.
(b)
The owner of the lot does not own an adjoining lot.
(d)
The rear yard of any such lot shall in no case be less than 20 feet.
(e)
No building shall be erected closer to an adjacent principal building or any side lot line adjoining a side street than 10 feet, nor shall any side yard be less than five feet.
B.
Required area or space cannot be reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced. No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.
C.
Lot frontage. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district where located. The width of any lot in any district, except C and M Districts, shall not be less than 30% of the depth of said lot at the front lot line, provided, however, that no lot need exceed a width of 300 feet unless otherwise required in the district where located, nor shall any such lot having a depth of 300 feet or more be less than 60 feet along the front line.
D.
Corner lots. At all intersecting public right-of-way lines, no obstructions to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the intersecting public right-of-way and a line drawn between points along such street lot lines 30 feet distant from their points of intersection.
E.
Through lots. Where a single lot under individual ownership extends from a street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in § 300-17.
F.
Orientation of buildings on public rights-of-way.
(1)
Individual buildings on public rights-of-way. The front facades of residential buildings shall face the road/right-of-way or parking lot which it abuts; provided, however, that if it is located on a corner parcel and it will face a road, it shall face the widest road; provided, however, that if both roads are of equal or near equal width, it may face on either road, unless the existing pattern of development has predetermined the road that shall be faced. Nothing herein shall preclude compliance with § 300-19B(2)(a)[2] hereof.
(2)
Nonresidential developments and dwelling groups with interior circulation. When a development is designed to be served by an interior pedestrian or vehicular circulation system, buildings may face the interior roadways or parking lots; provided, however, where such an orientation results in the rear or the side(s) of such buildings being within 100 feet of a public right-of-way, then such rear and/or side walls shall be screened from the public right-of-way in accordance with § 300-19B(3).
G.
Lots not serviced with public water or sewer. Plans for lots not served by a public water or sanitary sewer system must be submitted to, and approved by, the local authority having proper jurisdiction over such matters as well as by the Pennsylvania Department of Environmental Protection, if applicable.
§ 300-14 Height regulations.
A.
General application. No building or structure shall have a greater number of stories than are permitted in Article III hereof, provided further that the aggregate height of such buildings or structures shall not exceed the number of feet permitted in Article III, except as otherwise provided herein in Subsection B.
B.
Permitted exceptions.
(1)
Height limitations stipulated elsewhere in this chapter shall not apply to open amusement areas, barns, silos, schools, church spires, belfries, cupolas and domes, monuments, water towers, utility poles, chimneys, smokestacks, flagpoles, residential telecommunications facilities, rooftop screening of equipment and architectural features not occupied by persons or property, or to parapet walls extending not more than four feet above the limiting height of the building.
[Amended 5-13-2008 by Ord. No. 10-2008]
(2)
Buildings in excess of 2 1/2 stories or 35 feet may be permitted up to a height of six stories or 70 feet only as a special exception in accordance with the provision of § 300-40B. Such structures, however, may only be authorized when it can be shown that adequate fire protection will be available, and that such modification shall be approved by the Zoning Hearing Board upon the review and approval of the Planning Commission.
C.
Protection of solar energy sources. In the event that a system designed for the purpose of providing solar energy for any permitted use has been previously established, no structure, sign, fence or other impediment shall be permitted on adjoining or nearby uses which will materially affect the efficiency of such solar energy system.
§ 300-15 Yard regulations.
A.
Side yards.
(1)
Side yard width may be varied. When the side wall of a building is not parallel with the side lot line or if the side lot line is broken or irregular, the side yard may be varied. In such cases the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise required minimum width, or narrower than seven feet, whichever is greater.
(2)
Side yard of corner lot. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.
B.
Front yard exception.
(1)
When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but shall be not less than 10 feet.
C.
Front yard of corner lot. The front yard of any corner lot shall be established on the wider of the two streets abutting said lot, except where the widths of the two abutting streets are equal, then the front yard may be established on either street.
D.
Projections into required yards. Certain architectural features may project into required yards as follows:
(1)
Cornices, canopies, eaves, and other similar architectural features may project into a side yard a distance of two feet; provided, however, that where a side yard exceeds a width of 12 feet, such extension may be increased by two inches for each one foot by which the yard exceeds a width of 12 feet.
(2)
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
(3)
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located.
(4)
Open patios and decks may be located in side yards and rear yards provided that they are not closer than three feet to any adjacent property line. If located closer than eight feet, they shall be screened in accordance with the provisions of § 300-19B(3) hereof. In case of a corner lot, no enclosed patios shall extend into the side yard adjoining such side street.
E.
Additional yards required where nonresidential uses abut R Districts. All nonresidential uses first permitted in C-1 or less restrictive districts, which abut, at the lot line or on the same street, an R District, shall provide yards, where they abut, of not less than 50 feet in depth; provided, however, that if the yard requirement for the nonresidential use is greater, then such greater distance shall be required. Such yards shall be maintained as landscaped open spaces and shall not be occupied by parking, loading or outdoor storage uses.
§ 300-16 Maximum impervious coverage.
Land coverage by principal and accessory buildings or structures and other impervious surfaces on each zone lot shall not be greater than is permitted in Article III or other pertinent sections of this chapter.
§ 300-17 Number of buildings restricted.
A.
There shall be not more than one principal dwelling structure nor more than two accessory structures on each residential zone lot except as otherwise provided herein for dwelling groups and large-scale developments; and provided further that a swimming pool and appurtenant structures shall not be considered to be accessory structures.
B.
Where two or more principal residential buildings may be located on a parcel in single ownership, as provided in Subsection A hereof, such buildings shall conform with the dimensional requirements of this chapter which would normally apply to each building if each were on a separate zone lot; provided, however, that the provisions of this section shall not apply to minimum lot width requirements.
§ 300-18 Accessory structures.
A.
Maximum permitted height: 1.5 stories or 17 feet.
B.
Minimum yard regulations.
(1)
Unattached accessory structures in R Districts. Accessory structures, which are not attached to a principal structure, may be erected within one of the side yards or within the rear yard, but not in the front yard, in accordance with the following requirements:
(2)
Attached accessory structures in R Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
(3)
Nondwelling accessory structures in other districts. Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than 10 feet.
§ 300-19 Landscaping regulations.
A.
Areas required to be landscaped. Areas that are required to be landscaped in accordance with the standards set forth herein shall be:
B.
Landscaping, screening and buffer standards.
(2)
Off-street parking and loading areas.
(a)
Location of off-street parking and loading areas.
[1]
No parking space shall be nearer to any property line or right-of-way line than 10 feet.
[2]
Parking lots shall be provided at the side or to the rear of nonresidential buildings that are visible from public roads; provided, however, that when such placement is not desirable or practicable (in terms of such factors as topography, visibility, aesthetics, shape of parcel, etc.) the off-street parking may be provided between the front of the building and the right-of-way; in such cases, the parking area shall be set back not less than 10 feet, and the setback area shall be developed to form a buffer, as follows: a thickly vegetated buffer shall be provided, and the width, length and planting materials shall be sufficient to visually screen the view of parked vehicles from the public right-of-way.
(c)
Lighting off-street parking lots.
[1]
For all parking areas, driveways and walkways, all pole-mounted luminaries shall be low maintenance poles and fixtures, and all branch circuiting for lighting shall be installed below grade.
[2]
The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.
[3]
Lighting shall be directed away from adjacent residential uses and residential zones, and shall be shielded from fugitive skyward emissions.
[4]
All applicants shall submit a lumen plan documenting these requirements.
(3)
Buffer and screening requirements.
(a)
All subdivisions and land developments shall provide the following types of buffer/screening treatment that is applicable to the use and the environment of the subject development, as follows:
[1]
Property line buffers that act to integrate new development with its surroundings and to separate incompatible land uses.
[2]
Site element screens that act to minimize or eliminate views to certain site elements located within 100 feet of property lines or road rights-of-way (either public or private).
[3]
Requirements for buffers and screens at right-of-way lines apply only to street rights-of-way.
(b)
Property line and right-of-way line buffer requirements.
[1]
Property line and right-of-way line buffers shall be required for the following types of development and as otherwise specified herein:
[2]
An on-site investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the existing zoned uses shall be used. The existing or zoned uses shall be noted on the plan. In the case of several permitted uses on a site, the most restrictive requirements shall apply. The municipality shall have final approval of interpretation of land uses or zoning map. Commercial or manufacturing uses, and off-street parking areas for more than 10 vehicles, when abutting or within 100 feet of residential districts, shall provide fences, walls or year-round screen planting when necessary to shield adjacent residential districts from parking lot illumination, headlights, heat, blowing papers and dust and to reduce the visual encroachments of commercial architecture, signs and activity.
[3]
Buffer area location and dimensions.
[a]
A buffer area of not less than 25 feet in width shall be established along all property lines, and right-of-way lines unless otherwise specified herein; provided, however, that for off-street parking lots, the buffer area shall be not less than 10 feet.
[b]
The buffer area may be included within the front, side, or rear yard setback.
[c]
The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, grass or groundcover.
[d]
Parking is not permitted in the buffer area.
[e]
Site element screens are permitted in the buffer area.
[f]
Stormwater basins are permitted in the buffer area.
(c)
Site element screens.
[1]
Site element screens shall be required in all proposed land developments around the following site elements:
[2]
Screen location. The site element screen shall be placed between the site element and the property line or right-of-way, and shall be designed to block views to the maximum extent possible. The screen shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on clear sight triangles.
[3]
Screen types. Any of the following types of screens may be utilized in those cases where they will achieve the objective of blocking certain uses from public view:
[a]
Evergreen or deciduous shrubs.
[b]
Double row of evergreen trees.
[c]
Opaque fence. A six-foot opaque fence surrounding the site element on at least three sides.
[d]
Architectural extension of the building. An eight-foot minimum height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building.
[e]
Berm with ornamental trees or grass. A two- to three-foot-high continuous curvilinear berm with ornamental trees. The maximum slope of the berm shall be 3:1.
[f]
Evergreen hedge.
[g]
Low wall: A wall of brick or stone (not concrete block), at least 50% opaque, not less than three nor more than four feet in height.
[4]
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the governing body. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.
[5]
Existing topographic conditions, such as embankments or berms, may be substituted for part or all of the required property line buffers at the discretion of the governing body. The minimum visual effect shall be equal to or exceed that of the required screen.
[6]
The applicant may propose the use of alternative screen types or changes in plant materials or designs which fulfill the intent of this chapter, with the approval of the governing body.
(d)
Plant materials.
[1]
General location requirements.
[a]
The location, dimensions, and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture, and sunlight.
[b]
Plantings should be selected and located where they will not contribute to conditions hazardous to public safety. Such locations include, but are not limited to, public street rights-of-way, underground and aboveground utilities, and sight triangle areas required for unobstructed views at street intersections.
[2]
Design criteria.
[a]
The required plant material shall be distributed over the entire length and width of the buffer area.
[b]
Buffer plant material maybe arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. However, informal groupings that reflect the natural character of the region are encouraged.
[c]
Plants shall be spaced to provide optimum growing conditions.
[d]
A variety of tree species is required.
[3]
Substitutions. In accordance with the following guidelines, wherever possible, existing vegetation shall be retained and utilized as a buffer or a screen in accordance with the following guidelines:
[a]
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the governing body. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.
[b]
Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required property line buffers at the discretion of the governing body. The minimum visual effect shall be equal to or exceed that of the required buffer or screen.
[4]
Plant material specifications. The following requirements are minimum standards which shall apply to all plant materials or transplanted trees as required under this chapter; additional plant materials, berms, or architectural elements may be included in the plan at the applicant's discretion.
[a]
All plants shall meet the minimum standards for health, form, and root condition as outlined in the American Association of Nurserymen (AAN) Standards.
[b]
All plant material shall be hardy and within the USDA Hardiness Zone applicable to Lackawanna County, Pennsylvania.
[c]
Canopy trees, sometimes called “shade trees,” shall reach a minimum height and spread of 30 feet at maturity as determined by the AAN Standards and shall be deciduous. New trees shall have a minimum caliper of 2 1/2 inches at planting.
[d]
Ornamental trees or large shrubs shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards. Trees and shrubs may be deciduous or evergreen and shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, or bark. New ornamental trees shall have a minimum height of six feet or 1 1/2 inch caliper. New large shrubs shall have a minimum height of 2 1/2 to three feet at time of planting.
[e]
Small shrubs may be evergreen or deciduous and shall have a minimum height at maturity of four feet based on AAN Standards. New shrubs shall have a minimum height of 18 inches at time of planting.
[f]
Evergreen trees shall reach a typical minimum height of 20 feet at maturity based on AAN Standards for that species and shall remain evergreen throughout the year. New evergreens shall have a minimum height at planting of six feet.
[5]
Additional plant material guidelines. Plant material features should be:
[a]
Able to thrive in the existing soil or soil that can be amended to reasonable specifications.
[b]
Strong wood, not prone to breakage in wind or ice storms.
[c]
Fruitless or otherwise free of parts that fall and could damage vehicles, clog drains, or make pavement slippery.
[d]
Tolerant to excessive heat, de-icing salt and air pollution.
[e]
Free of unacceptable levels of disease or insect pests, including aphids that coat objects below with sticky "honeydew."
[f]
Fits the site aesthetically and serves an intended function (shade, screen, focal point, etc.)
§ 300-20 Miscellaneous building regulations.
A.
Uses to be enclosed. All nonresidential uses, except for off-street parking and loading facilities, automobile service stations, transportation terminals, storage yards, junkyards, vehicle sales lots, temporary circus, temporary flea market, and retail sales conducted as sidewalk sales only as a use accessory to a permitted principal use on the same site as the principal use to which it is appurtenant, and similar uses shall be conducted wholly within a completely enclosed building.
B.
Unenclosed nonresidential uses. Unenclosed nonresidential uses identified in Subsection A hereof, except off-street parking and loading, shall not be located less than 100 feet distant from any residential district.
C.
Special regulations for housing for the elderly.[1]
(1)
Maximum density. In any R District where housing shall be designed exclusively for occupancy by elderly persons, and for other one-room type efficiency units, the minimum lot area required per dwelling unit shall be 2,000 square feet of net land area per dwelling unit.
(2)
Maximum building height. Buildings to be erected for housing for the elderly may be erected to a maximum height of six stories or 70 feet, whichever is less.
(3)
Off-street parking. Accessory off-street parking required to serve housing for the elderly shall be provided in an amount of not less than one space per three "elderly" dwelling units.
[1]
Note: Persons shall be considered to be elderly who meet the definitions of "elderly" as set forth by the U.S. Department of Housing and Urban Development; in the absence of such standards, however, elderly persons shall be all persons 60 years or older.
D.
Fences.
(1)
Privacy fences. No solid fence exceeding six feet in height, measured along the ground level along the full length of the fence, shall be permitted in any residential district nor between buildings or lots used for dwelling purposes in any district except as otherwise required herein. Open or ornamental fences may be erected to a height not exceeding eight feet, provided the ratio of the solid portion to the open portion shall not exceed one to four; and provided further that no such ratio shall be applied to any screening provided by natural vegetation. No fence or other structure or appurtenance more than three feet in height, however, may be erected within the clear-sight triangle on all corner lots for a distance of 30 feet measured along street right-of-way lot lines from their point of junction.
(2)
Screening fences. Unenclosed nonresidential uses except off-street parking areas, commercial recreation areas, automobile sales areas and other similar uses shall be screened from public view and from adjacent properties in accordance with the provisions of § 300-19B(3)(c) hereof.
(3)
Installation of fences. When any fence is installed, the supporting posts shall be located on the inside of the fence, facing the property to be fenced; and the finished side of the fence shall face the adjoining property and/or right-of-way.
(4)
Condition of fences. All fences, hedges, walls, and shrubs must be maintained in good condition. When adjoining an R District, no commercial advertising shall be permitted on property line fences. When located in an R District, no advertising shall be permitted on any fence. Fences owned and maintained by nonprofit organizations, however, shall be exempt from this prohibition against advertising.
(5)
Fences and walls located in yards. Fences, walls and hedges not exceeding six feet in height may be located in any yard or court. It is the sense of this section that the total height of walls plus fences, etc., shall not extend to a vertical height exceeding six feet from natural ground level.
E.
Enclosure of porches.
(1)
In any new construction, no porch shall extend into any required yard except open patios and decks as provided under § 300-15D(4).
(2)
Any open patio, deck, or porch which has been constructed within any required yard prior to the date of this chapter shall not be enclosed, except as follows:
(a)
On an interior lot where such porch shall be located in a front yard and the enclosure of such porch would be on a property where such enclosure would not extend beyond the front wall of the building or porch of any adjoining property.
(c)
The enclosure of a front porch in a required front yard of either a corner lot or an interior lot shall not be allowed if such property adjoins an undeveloped zone lot in separate ownership.
(d)
The enclosure is in the rear yard.
F.
Aesthetic design standards for commercial and manufacturing uses.
(1)
Aesthetic goals. All development and construction, in the form of buildings, structures or additions and exterior alterations thereto, and other site improvements and alterations, including paving, lighting and landscaping, at or for each site shall be designed and constructed to achieve the following goals:
(a)
To prevent the erection of poorly designed, constructed or proportioned structures, and structures built of improper or unsuitable materials.
(b)
To increase and secure the spectrum of attractive business establishments, improvements and facilities on appropriate locations within building sites.
(c)
To foster a high quality of development to enhance the value of existing development as well as to enhance the attractiveness of vacant land for future development.
(2)
Aesthetic design standards.
(a)
Construction materials. All construction in the form of new buildings or additions and exterior alterations shall be consistent with original construction or of comparable materials to harmonize with the external design, both as to quality of workmanship and materials of existing structures. No structure shall contain less than 50% external masonry, glass, dryvit or similar type of construction materials, except that the facades of manufacturing and warehousing buildings may consist of metal materials. The buildings and structures shall not be of woodface composition. The fronts of all buildings and structures shall not expose concrete block composition, other than decorative concrete block.
(b)
Waste disposal.
[1]
No lot shall be used as a dumping ground for trash.
[2]
All trash, of any nature, shall be securely stored in covered sanitary containers. All containers and other equipment, and the areas and enclosures, for the storage and disposal of trash shall be kept in a clean and sanitary condition.
[3]
All trash shall be properly and securely contained within each site and properly and regularly removed therefrom, and disposed as may be required by state and federal law, regulation and other requirements and standards governing same.
[4]
"Trash" shall mean to include all papers, discards, waste, rubbish, refuse and garbage, of any kind or nature whatsoever, and any malodorous and objectionable materials lying around or stored at each site but not customarily used in its then present condition in the business or activities of the site occupants.
(c)
Mechanical/electrical equipment. All mechanical/electrical equipment not enclosed in a structure or building (e.g., on-grade, rooftop, etc.) shall complement, enhance and be compatible with the design and construction of the buildings and structures on each site. The color scheme of such equipment shall complement and be compatible with the color scheme of the building's exterior.
(d)
Landscaping.
[1]
All terrain, grounds, area left in natural state, or areas not covered by building or paving, shall be landscaped, seeded, and otherwise maintained in a good, clean condition having aesthetic appeal.
[2]
Each site and the landscaped areas shall be kept clean and free of any and all litter, refuse, and papers of any type. No litter, refuse or paper accumulations whatsoever shall occur, be placed on or remain at each site.
[3]
Each site shall be developed, improved, used and maintained to preserve and foster as much of the existing mature natural growth as is practically possible.
(e)
Utilities. All lateral electric, telephone, and cable television lines shall be underground.
§ 300-21 Open space design and maintenance standards.
A.
Use and design of permanent open space. Permanent open space to be provided in accordance with certain sections of this chapter shall be designed in accordance with the following standards:
(1)
Permanent open space shall be so designated on the submitted plans, and the plans shall contain a notation stating, "Permanent open space shall not be separately sold and shall not be further developed or subdivided."
(2)
Permanent open space shall be contiguous to the development, not separated by existing streets, and shall not be a part of any lot within the development.
(3)
Each area of permanent open space shall contain not less than 10,000 square feet.
(4)
Permanent open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible.
(5)
Permanent open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic. The permanent open space shall contain appropriate access improvements and shall be provided with perimeter parking areas where appropriate.
(6)
All portions of a tract not occupied by buildings and required improvements shall be maintained as landscaped areas consisting of natural environmental features and/or planted vegetation. Permanent open space shall predominantly consist of natural environmental features or planted and maintained vegetation that may contain walking, biking, or equestrian trails. Permanent open space may also contain impervious surface areas such as tennis courts, clubhouses, or other active recreation facilities, but such active recreation facilities shall consist of less than 25% of the permanent open space.
(7)
Permanent open space shall be configured so as to create areas of adequate size and shape to permit a variety of uses, active or passive, throughout the system.
B.
Ownership and maintenance of permanent open space. Permanent open space to be provided in accordance with certain sections of this article may be offered for dedication to the Borough, although the Borough need not accept any such offers. Provision for ownership and maintenance of the permanent open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(1)
The Borough may accept dedication of the permanent open space or any interest therein for public use and maintenance, but the Borough need not accept a dedication of the permanent open space if offered.
(2)
With permission of the Borough, and with appropriate deed restrictions in favor of the Borough and in language acceptable to the Borough Solicitor, the developer may transfer the fee simple title in the permanent open space or a portion thereof to a private, not-for-profit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a)
The organization is acceptable to the Borough and is a bona fide conservation organization with a perpetual existence;
(b)
The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
(c)
A maintenance agreement acceptable to the Borough is entered into by the developer, the organization and the Borough.
C.
The developer shall provide for and establish an organization for the ownership and maintenance of the permanent open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds for the permanent open space and for all individual lots within the development shall contain the following requirements in language acceptable to the Borough Solicitor:
(1)
Such organization shall not dispose of the permanent open space by sale or otherwise except to the Borough or other government body unless the Borough has given prior approval. Such transfer shall be made only to another organization that shall maintain the permanent open space in accordance with the provisions of this chapter.
(2)
The organization and all lot owners within the development shall agree to maintain the permanent open space. If private ownership fails to do so, the Borough may proceed to maintain deteriorating open space and may assess and lien the properties within the development accordingly.
(3)
All lot owners shall be required to become members of the organization and pay assessments for the maintenance of the permanent open space, which may be increased for inflation and which may provide for professional management.