In the interest of the public health, safety and welfare, the provisions of this article are intended to:

   A.   Permit residential development in an open space setting, located and designed to reduce the perceived intensity of development , preserve natural features and open land and provide privacy and neighborhood identity.

   B.   Preserve open land , including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplain and wetlands, by setting them aside from development .

   C.   Preserve scenic views and minimize perceived density , by minimizing views of new development from existing roads .

   D.   Provide greater design flexibility and efficiency in the siting of services and infrastructure by reducing the length and width of roads , utility runs and the amount of impervious cover required for residential development .

   E.   Create neighborhoods with direct visual and physical access to open land , with amenities in the form of neighborhood open space, and with a strong neighborhood identity.

   F.   Reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.

   G.   Create new woodlands through natural succession and reforestation where appropriate and to encourage the preservation and improvement of habitat for various forms of wildlife.

   H.   Provide for the creation, retention and protection of open land areas within the Township.

   I.   Provide for the preservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents.

   J.   Implement the goals of the Township's 2005 Open Space Environmental Resource Protection Plan.

   A.   The Open Space Preservation District is an overlay district on those parcels in the A Residential, A-1 Residential and A-2 Residential zoning districts that are five acres or larger.

   B.   All property within the above-referenced districts used or intended to be developed for residential purposes may comply with the provisions of this article, rather than that of the underlying zoning district.

   C.   A tract of land to be developed shall be in single ownership or shall be the subject of an application filed jointly by all the owners of the entire tract , who shall stipulate that the entire tract will be developed in accordance with the approved plan.

A building may be erected or used and a lot may be used or occupied only for the following uses :

   A.   Single-family detached dwellings .

   B.   The following multiple dwellings :

      (1)   Twin dwelling .

      (2)   Duplex dwelling .

      (3)   Townhouse dwelling .

   C.   Apartment and other multifamily dwellings , as conversions of structures built prior to 1940

   D.   Open land comprising a portion of a residential development , as specified below and according to the requirements of § 255-210.

   E.   Open landuses , primarily passive in nature, including wildlife sanctuary, forest preserve, meadow, nature center and similar uses .

   F.   Parks and recreation areas for nonintensive uses , including golf course (excluding driving range or miniature golf), picnic areas, playing fields and similar uses .

   G.   Agriculture , including pasture for grazing

   H.   Accessory uses on the same lot with and customarily incidental to any permitted use .

The initial application for a subdivision under the Open Space Preservation District shall meet the Township's requirements for preliminary plans, as found in the Subdivision and Land Development chapter. 41 The application shall also document and provide the following:

   A.   Scenic road corridors. The plan shall graphically identify those road corridors identified in the 2005 Open Space and Environmental Resource Protection Plan that define the community's character and add visual diversity and interest in the Township.

   B.   Yield map . A plan prepared in accordance with and in compliance with the underlying zoning and subdivision regulations. This plan will document and quantify the maximum permitted density on the tract . The level of detail required for the yield plan shall be no more than would be required for a tentative sketch plan submission.

The following standards shall apply to development in this district:

   A.   Density . The maximum number of lots and/or dwelling units developed in an Open Space Preservation development shall be the density demonstrated on the yield map plus 10%.

   B.   Natural features . The applicant shall establish that development including site improvements , lot design and preservation area configuration, protects natural features and environmentally sensitive areas in accordance with applicable sections in Chapter 206, Stormwater Management, Chapter 212, Subdivision and Land Development, Article IV, Design Standards, Chapter 240, Watercourses and Chapter 255, Zoning, Article V, Steep Slope and Impervious Surfaces and Article XXII, Floodplain Conservation District.

   C.   Perimeter setback. Structures shall be situated so as to maintain a minimum setback from any tract property line of:

      (1)   Seventy-five feet for multiple-dwelling type developments or for development applications with a mixture of dwelling types. This setback may be reduced to 60 feet from the ultimate right-of-way of an adjoining street where the setback area conserved is added to the area of the open space otherwise required hereunder.

      (2)   Fifty feet for single-family detached dwellings .

   D.   Lot area ; setbacks; lot width. The applicant may, but shall not be required to construct residential units on individual lots . Where residential units are developed on individual lots , minimum lot areas , setbacks and lot width shall not be required, provided that the minimum standards set forth herein are met.

   E.   Building separation. Individual structures must have sufficient separation to meet applicable fire protection codes, but in no case shall that distance be less than 15 feet.

   F.   Floodplains , wetlands, and riparian corridors. No structure shall be situated within 40 feet of a floodplain , wetland and/or riparian corridor, except as permitted by Chapter 255, Article XXII, Floodplain Conservation District.

   G.   Building length or depth. The greatest dimension in length or depth of a new structure containing three or more dwelling units shall not exceed 120 feet. No more than four units shall be allowed in a new structure .

   H.   Access to common open space and preservation areas . All dwelling units shall have access to common open space and preservation areas without the obstruction of intervening lots , structures , fences or other impediments to pedestrians.

   I.   A declaration of covenants shall be offered in recordable form, subject to the approval of the Township Solicitor, binding all of the lots in the development to the development limitations of this subsection and prohibiting the subdivision of the tract into a greater number of lots .

   J.   Buffer requirements. Natural areas or buffers shall be required for all proposed development in accordance with the requirements of § 212-32.

   K.   Detention, retention. Detention or retention areas, holding and settlement ponds, and utility easements may be included as part of the common open space but not counted towards the minimum required amount of preservation area . Easements satisfactory to the Board of Commissioners shall be established to enable maintenance of such facilities by the appropriate parties.

   A.   Each tract shall contain a preservation area to be included as part of the common open space which shall meet the following minimum net area requirements:

      (1)   Fifty percent when the preservation area is entirely contained on a separate lot (s) not intended for residential development or on a single tract containing the entire residential development .

      (2)   Sixty percent in all other cases.

   B.   Land designated as preservation area shall conform to the following:

      (1)   Preservation areas shall preserve and protect the tract's significant natural features .

      (2)   No more than 75% of the preservation area shall be comprised of designated flood hazard districts, wetlands or slopes of 25% or greater.

      (3)   Any area designated as a preservation area shall be no less than one acre or less than 75 feet in width or have a ratio of the longest to shortest dimension exceeding four to one, except areas which serve as public pedestrian links. No structures or impervious surface shall be counted towards the preservation area requirements.

      (4)   There shall be no more than three noncontiguous preservation areas . (5) Preservation areas may be used for the following:

         (a)   Conservation of open land in its natural state (for example, woodland, land under natural succession, fallow field or managed meadow).

         (b)   Passive recreation including, but not limited to, trails, picnic areas, community gardens and lawn areas.

   C.   Design standards. Preservation areas shall be located and designed to:

      (1)   Protect natural features in compliance with the intent of this article.

      (2)   Maximize common boundaries with open land on adjacent tracts .

   D.   Prohibited uses . The following are prohibited in open land areas:

      (1)   Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement, and emergency vehicles are permitted, as needed.

      (2)   Cutting of healthy trees, regrading, topsoil removal, altering, diverting or modifying watercourses or bodies, except in compliance with a land management plan for the tract in question conforming to customary and applicable Township standards of forestry, erosion control and engineering.

   E.   Modification of natural features . Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include:

      (1)   Reforestation.

      (2)   Woodland management.

      (3)   Meadow management.

      (4)   Buffer area landscaping.

      (5)   Stream bank protections.

      (6)   Wetlands management.

   A.   Purpose. To ensure adequate planning for operation and maintenance of open land , recreation facilities, sewage facilities, water supply facilities, stormwater management facilities, common parking areas and driveways, private streets , and any other common or community facilities (hereinafter referred to as common facilities ).

   B.   Ownership. The following methods may be used, either individually or in combination, to own common facilities ; however, open land must be initially offered for dedication to the Township. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section and then only when there is no change in the common facilities or in the open space ratio of the overall development . Ownership methods shall conform to the following:

      (1)   Fee simple dedication to the Township. Upper Dublin Township may, but shall not be required to, accept any portion of the common facilities , provided that:

         (a)   Any common facilities shall be freely accessible to the residents of the Township.

         (b)   There shall be no cost to the Township involved.

         (c)   The Township agrees to and has access to maintain such facilities.

      (2)   Dedication of easements to the Township or County. Upper Dublin Township or Montgomery County may, but shall not be required to, accept easements for public use of any portion of the common facilities . In such cases, the facility remains in the ownership of the individual or homeowners' association while the easements are held in public ownership. The county shall accept such easements only in accordance with Act 442, The Open Space Acquisition Act or Act 992, Open Space Lands Act, and county plans. In addition, the following regulations shall apply:

         (a)   There shall be no cost of acquisition to the Township or the county.

         (b)   Any such easements for public benefit shall be accessible to the residents of the Township.

         (c)   A satisfactory maintenance agreement shall be reached between the owner and the Township or the county.

      (3)   Homeowners' association . Common facilities may be held in common ownership by a homeowners' association , subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code (Planned Residential Development). In addition, the following regulations shall be met:

         (a)   The applicant shall provide to the Township a description of the organization, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities . These items must be submitted to the Township prior to the issuance of any use and occupancy permit .

         (b)   The homeowners' association shall be established by the owner or applicant and shall be operating, with financial subsidization by the owner or applicant, if necessary, before the sale of any dwelling units in the development .

         (c)   Membership in the homeowners' association shall be mandatory for all purchasers of dwelling units in the development and theft successors and assigns.

         (d)   The homeowners' association shall be responsible for maintenance and insurance of common facilities .

         (e)   Written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance for common facilities must be given to all members of the homeowners' association and to the Township no less than 30 days prior to such event.

         (f)   The homeowners' association shall have or hire adequate staff to administer, maintain and operate such common facilities .

      (4)   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 conservation organization, provided that:

         (a)   The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;

         (b)   The conveyance contains appropriate provisions 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 the Township is established between the owner and the organization.

   C.   Maintenance and operation of common facilities .

      (1)   The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common facilities . Such plan shall:

         (a)   Define ownership.

         (b)   Establish necessary regular and periodic operation and maintenance responsibilities.

         (c)   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 improvements as well as regular yearly operating and maintenance costs.

         (d)   At the Township’s discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

      (2)   Failure to maintain; corrective action.

         (a)   In the event that the organization established to maintain common facilities , or any successor organization thereto, fails to maintain all or any portion of the common facilities in reasonable order and condition, the Township may, in accordance with Article VII of the Pennsylvania Municipalities Planning Code (Planned Residential Development), assume responsibility of maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

         (b)   The Township may enter the premises and take corrective action. The costs of such corrective action may be charged to the property owner or homeowners' association 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.

All development within the Open Space Preservation District shall be provided with public water and sewage treatment services.