West Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 1200
Open Space Design Option
The purposes of this article are: | |
A. | To provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development. |
B. | To provide for a more varied, innovative, and efficient development pattern. |
C. | To promote new development which is compatible with existing uses, architecture, landscapes and community character. |
D. | To preserve unique and sensitive landscapes and site features, including agricultural soils, woodlands, wetlands, and scenic views, by locating new dwelling sites in areas removed from such features. |
E. | To retain and protect open space area within residential development. |
F. | To provide a means to attain the aims and objectives of the Township Comprehensive Plan relative to orderly growth and the enhancement of environmental resources. |
§ 1202.1 Conditional use approval.
[Amended 4-6-2021 by Ord. No. 1-21]
The open space design option shall be permitted in the RR, R-1, R-2, and R-3 Districts when approved as a conditional use in accordance with the provisions of § 703 of this ordinance and where the applicant, to the satisfaction of the Board of Supervisors, can demonstrate compliance with all design standards and criteria of this article. The applicant is strongly encouraged to submit a sketch plan to the Township Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal conditional use application. Upon written request from the applicant and if the Board of Supervisors and Planning Commission have previously reviewed a sketch plan and site analysis of the proposed development, the Board of Supervisors may elect to consider the preliminary subdivision plans simultaneously with the conditional use application.
§ 1202.2 Water supply.
Development under the open space design option shall be served by water supply systems in accordance with the provisions of the Township Subdivision and Land Development Ordinance,[1] where applicant can demonstrate, to the satisfaction of the Board of Supervisors, adequate supply for the intended residential and open space uses.
[1]
Editor's Note: See Ch. 130, Subdivision and Land Development.
§ 1202.3 Sewage disposal.
A.
As a condition of approval the applicant shall demonstrate, to the satisfaction of the Board of Supervisors, adequate sewage disposal services for the intended residential and open space uses.
B.
Development under the open space design option shall be served by sewage disposal systems consistent with the Township Sewage Facilities (Act 537) Plan and in accordance with the provisions of the Township Subdivision and Land Development Ordinance,[1] subject to demonstration of compliance with all applicable regulations of the DEP.
[1]
Editor's Note: See Ch. 130, Subdivision and Land Development.
C.
Development under the open space design option shall not be served by public sewage disposal systems requiring extension beyond the approved limits of the UGB.
D.
Where individual sewage disposal systems are provided, such systems may be located within common open space areas where approved at the discretion of the Board of Supervisors.
§ 1202.4 Consistency with municipal planning program.
The proposed development will be generally consistent with the Township Comprehensive Plan.
§ 1202.5 Single plan.
The tract of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility.
§ 1203.1 Permitted uses.
Where permitted by the Board of Supervisors as a conditional use, an applicant may utilize the open space design option for development of any of the following uses:
A.
Within the RR Rural Residential and R-1 Residential Districts:
[Amended 4-6-2021 by Ord. No. 1-21]
1.
Single-family detached dwellings.
2.
Single-family semidetached, single-family attached, two-family detached, quadraplex, and multiple-family dwellings where accomplished as adaptive re-use of historical structures in a manner consistent with conservation of the historical integrity of such structures.
3.
Residential conversion units in accordance with the provisions of § 702.1.
B.
Within the R-2 and R-3 Residential Districts:
1.
Single-family detached dwellings.
2.
Single-family semidetached dwellings.
3.
Single-family attached dwellings.
4.
Two-family detached dwellings.
5.
Quadraplex dwellings.
6.
Multiple-family dwellings.
7.
Garden apartments.
8.
Residential conversion units.
9.
Open space uses as set forth in § 1206 of this article.
§ 1203.2 Conditional use plan submission.
At the time of application for conditional use approval, the applicant shall submit the following; the Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, reasonable and necessary charges therefor to be borne by the applicant.
A.
The applicant shall submit a sketch plan conforming to the requirements of the Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 130, Subdivision and Land Development.
B.
The applicant shall submit a feasibility report on sewer and water facilities, conforming to the requirements of the Township Subdivision and Land Development Ordinance.
C.
Where required, the applicant shall submit a traffic impact study conforming to the requirements of the Township Subdivision and Land Development Ordinance.
§ 1204.1 Minimum restricted open space.
[Amended 4-6-2021 by Ord. No. 1-21]
The minimum restricted open space shall not be less than the following percentage of the gross acreage of the tract, as stipulated for the appropriate zoning district; designated restricted open space shall comply with all standards and criteria for restricted open space established in § 1206 below.
Zoning District | Minimum Restricted Open Space |
|---|---|
RR Rural Residential District | 60% |
R-1 Residential District | 45% |
R-2 Residential District | 35% |
R-3 Residential District | 25% |
§ 1204.2 Permitted density calculation.
A.
Except where additional density is obtained through purchase of transferable development rights in accordance with Article 1100, the maximum permissible number of lots or dwelling units on any tract utilizing the open space development option shall be calculated by multiplying the tract area, less existing public rights-of-way, by the multiplier stipulated for each zoning district as follows:
[Amended 6-2-2009 by Ord. No. 1-09]
Zoning District | Applicable Density Multiplier for Open Space Design Option without TDRs | Maximum Increase in Density with use of TDRs | Maximum Total Density under Open Space Design Option with TDRs |
|---|---|---|---|
RR Rural Residential District | 0.5 dwelling units/acre | Not available | Not available |
R-1, R-2 & R-3 Residential Districts, without public sewer and water | 1.0 dwelling units/acre | Not available | Not available |
R-1 Residential District, with public sewer and water | 1.5 dwelling units/acre | 1.0 dwelling units/acre | 2.5 dwelling units/acre |
R-2 Residential District, with public sewer and water | 1.75 dwelling units/acre | 1.5 dwelling units/acre | 3.25 dwelling units/acre |
R-3 Residential District developed with multiple family and/or garden apartment units and/or continuing care retirement community, with public water and sewer | 3.0 dwelling units/acre 7.5 dwelling units/acre if adaptive reuse of an existing building per § 1204.2A | 3.0 dwelling units/acre | 6.0 dwelling units/acre 10.5 dwelling units/acre if adaptive reuse of an existing building per § 1204.2A. |
1.
In the R-3 Residential District, with public sewer and water, where new quadraplex dwellings, multiple-family dwellings and/or garden apartments are provided, the multiplier may be increased to 3.0 dwelling units/acre on that portion of any tract devoted to such dwellings, and where buildings, other than single-family dwellings, existing on the effective date of this ordinance (January 2, 1989) are adaptively reused for multiple-family dwellings and/or garden apartments, the multiplier may be increased to 7.5 dwelling units/acre on that portion of any tract devoted to such dwellings.
B.
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding the maximum number of lots utilizing the open space development option in the R Rural Agricultural District, was repealed 4-6-2021 by Ord. No. 1-21.
C.
It is possible that various portions of any single tract may be planned for development in accordance with differing density options as provided above. In such event, the applicant shall demonstrate that appropriate land areas can be identified to separately apply to each density multiplier utilized. No land area used for calculation under any one option shall also be used for calculation under another option.
D.
Applicant is advised that the maximum number of units calculated under the provisions herein, including potential bonus density, may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein.
§ 1204.3 Residential area and bulk regulations.
Under the open space design option, no minimum lot area is prescribed; rather, the following lot and yard area regulations shall apply to any principal residential structure or any other building; at the time of conditional use application, the applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible:
A.
Minimum separation between buildings, except accessory buildings, at any point shall not be less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure.
B.
Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Subsection A above.
C.
No exterior windows, doors, or other openings shall be permitted in any portion of any principal or accessory structure located less than five feet from any lot line.
D.
Where any portion of any principal or accessory structure is located less than five feet from any lot line, a perpetual easement providing for maintenance of such structure, and measuring no less than five feet in width from the affected walls, shall be provided on the adjacent lot(s). This provision shall not apply to lot line(s) where separating two-family or multifamily dwelling units on the interior of the same principal structure.
E.
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection F below.
F.
All proposed dwelling units in a development utilizing the open space design option shall be situated so that they are set back a minimum distance from the predevelopment perimeter boundary of the tract equal to the applicable minimum yard dimension under the base zoning district provisions. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce required setbacks.
G.
Maximum length of any residential building, including rows of attached townhouses or other multifamily buildings, shall not exceed 160 feet. Residential buildings other than single-family detached and two-family detached dwelling units shall comply with the architectural design provisions of § 1205.2.
H.
Maximum depth of any section of any residential building shall not exceed 75 feet.
I.
Maximum building height: three stories or 35 feet, exclusive of basements, whichever is less.
J.
Maximum impervious coverage. Maximum impervious coverage limitations shall be established for each building lot and open space parcel in accordance with the following schedule:
1.
Lots or parcels less than 10,000 square feet in area: 45%.
2.
Lots or parcels greater than or equal to 10,000 square feet and less than 20,000 square feet in area: 35%.
3.
Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: 25%.
4.
Lots or parcels greater than or equal to one acre and less than five acres in area: 20%.
5.
Lots or parcels greater than or equal to five acres and less than 20 acres in area: 15%.
6.
Lots or parcels greater than 20 acres in area: 10%.
K.
While conformance to these area and bulk regulations is not dependent upon any specific minimum lot area or dimensions, in the course of conditional use approval, the applicant shall be required to demonstrate to the satisfaction of the Board of Supervisors that any lots established under the provisions of this section are of appropriate size and shape relative to the following:
1.
Establishment of suitable private yard areas for all residences;
2.
Management of any adjacent open space areas.
L.
Maximum length of residential buildings, maximum depth of residential buildings and maximum building height as set forth in § 1204.3 shall not apply to any building existing on the effective date of this ordinance (January 2, 1989) which is being adaptively reused as set forth in § 1204.2A and 1204.2B.
[Added 6-2-2009 by Ord. No. 1-09; amended 7-1-2008 by Ord. No. 6-08]
M.
The Board of Supervisors may, by conditional use approval, permit the modification of any of the standards set forth in this article in order to encourage the use of the transferable development rights and the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for the open space design option, also make application for conditional use approval under this subsection. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of any of the standards of this article shall be subject to the following criteria:
1.
The design and improvement of lots or open space which shall contain modified standards shall be in harmony with the design and improvement of other lots or open space within the proposed development and shall not, through the use of the modified standards, be obviously different from, or inferior to, other lots within the proposed development.
2.
The use of modified standards shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.
3.
The proposed modified standards shall not result in any danger to the public health, safety or welfare by making access to dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violation the other purposes for which zoning ordinances are to be enacted under Section 604(1) of the MPC.
4.
Landscaping and other methods shall be used to insure the privacy of the future residents of the dwellings and to attain the proposed use of the open space.
§ 1205.1 General development standards.
A.
Except where this article specifies otherwise, all design and performance standards and other regulations applicable in the zoning district in which the land is located shall apply to any development utilizing the open space development option.
B.
Placement of buildings and design of internal circulation systems shall minimize adverse impact to existing Township roads.
C.
Applicant shall demonstrate compliance with applicable state and/or federal regulation of streams and wetlands. For any proposed activity requiring the submission of a wetlands delineation report, stream or wetlands encroachment permit, or mitigation plan to the DEP and/or U.S. Army Corps of Engineers or successive agencies, a copy of all such documentation shall be submitted to the Township.
§ 1205.2 Architectural design.
It is not the intention of the Township to govern specific architectural design nor to link conditional use approval to any specific architectural design criteria.
A.
Applicant shall provide drawings illustrating the general character of the intended exterior design of all structures other than single-family detached dwellings to be build on lands developed in accordance with this section.
B.
Where the Supervisors determine that architectural design as presented by the applicant is an essential means by which the proposed development complies with the objectives of this article, the Supervisors may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character.
§ 1205.3 Special provisions for conservation of historic resources.
A.
Historic resources shall be preserved to the greatest degree practicable, through incorporation into development plans and design, including historic structures, ruins or sites, historic road or other transport traces, paths and trails, and any other historic landscape features. Applicants are encouraged to contact the Historic Preservation Trust of Lancaster County for information regarding historic resources.
B.
Density bonus for conservation of historic resources. In addition to the maximum permissible number of lots or dwelling units otherwise permitted on any trace developed under the open space design option, the applicant may provide dwelling unit(s) and lots therefor or other use(s) permitted under applicable zoning district regulation through the renovation or adaptive reuse of structures mapped as historic in the Township Comprehensive Plan, subject to compliance with the standards in § 1205.3C below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements.
C.
Standards for historic resources utilized for density bonus. Where maintenance, renovation or reuse of any structure mapped as historic in the Township Comprehensive Plan is proposed in order to develop dwelling units in addition to the maximum otherwise permissible, the applicant shall comply with the following standards:
1.
The applicant shall demonstrate to the satisfaction of the Supervisors that development plan involving historical structures shall adequately conserve the historical integrity of such structures, particularly in terms of how they are viewed from any adjacent public street or road.
2.
Authentic period materials or appropriate modern replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way.
3.
The applicant shall maintain sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. The applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.
4.
Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.
5.
Where bonus density is provided, the applicant shall provide for long-term protection of affected historic structures through establishment of appropriate deed restrictions, easement(s) or other agreement in a form acceptable to the Township.
§ 1206.1 General standards for open space designation.
A.
Areas designated as restricted open space shall be generally consistent with the Township Comprehensive Plan.
1.
The location and layout of restricted open space shall be configured so as to serve residents adequately and conveniently and to promote conservation of the following resources to the greatest extent practicable:
a.
Any area designated for "conservation" on the Future Land Use Map in the Township Comprehensive Plan.
b.
Prime agricultural soils.
c.
Scenic views from public roads and neighboring residential properties.
d.
Mature trees and woodland tree masses, hedgerows, native flowering trees and shrubs, fencelines, rock outcoppings and other noted landscape features.
e.
Lands adjoining and within 150 feet of any historic structure mapped in the Township Comprehensive Plan.
f.
Lands mapped as areas of suspected archaeological significance in the Township Comprehensive Plan.
2.
A portion of the designated restricted open space equal in area to no less than 15% of the gross tract area shall exclude areas comprised of designated flood hazard districts, wetlands, and slopes in excess of 25%. [This provision is designed to ensure that a portion of the open space land is appropriate for recreational purposes.]
3.
No portion of the designated restricted open space shall be measured as contributing to the minimum required restricted open space area or to any open space utilized in calculation of any density bonus where:
a.
Within 25 feet of any structure except structures devoted to permitted open space uses;
b.
Extending less than 100 feet in the narrowest dimension at any point;
c.
Comprising stormwater management facilities. At the discretion of the Board of Supervisors, areas devoted to stormwater management facilities may be included within the minimum required restricted open space area where the applicant can demonstrate to the satisfaction of the Supervisors that such facilities are designed to:
i.
Promote recharge of the groundwater system;
ii.
Be available and appropriate for active or passive recreational use or scenic enjoyment; and
iii.
Otherwise conform to the purposes, standards, and criteria for open space set forth in this article.
For example, a long low berm graded to reflect natural contour could be designed to: 1) blend into the scenic landscape; 2) permit passive recreational use over the top of it; 3) provide a relatively large linear area for seepage of stormwater into the groundwater system. |
B.
Subject to the provisions of measurement of minimum required open space stipulated herein, sewage service, stormwater management, and/or water supply facilities may be located entirely or partially within restricted open space areas. Where such facilities are so located, easements satisfactory to the Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties.
C.
Areas designated for open space purposes may be used for any of the following:
1.
Crop or pasture land, subject to submission of conservation plan approved by the Lancaster County Conservation District;
2.
Woodland, meadow, wetlands, wildlife habitat, game preserve, or similar conservation-oriented area;
3.
Public, common, or private park or outdoor recreation area;
4.
Land application of wastewater, where permitted in accordance with the Township Sewage Facilities Plan, and where the Supervisors are satisfied that adequate provision(s) for the long-term management and maintenance of the wastewater system are guaranteed.
D.
Open space shall be interconnected with open space areas on abutting parcels wherever possible including, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township.
E.
Where deemed appropriate by the Supervisors, open space areas shall be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.
F.
At the discretion of the Supervisors, a portion of the required restricted open space may be utilized to meet the requirements of the Township Subdivision and Land Development Ordinance to the extent such open space meets the specific requirements of that Ordinance.
G.
Where development under the open space development option is planned to occur in two or more development phases, a proportionate amount of designated restricted open space shall be permanently recorded with each phase.
§ 1206.2 Standards for ownership of restricted open space.
Except to provide for permitted open space uses, designated open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Lancaster County. Subject to such permanent restrictions, restricted open space land in any open space development may be owned by a homeowners' association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership.
A.
Offer of dedication.
1.
The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of restricted open space land provided:
a.
Such land is accessible to the residents of the Township;
b.
There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance and recording fees; and
c.
The Township agrees to and has access to maintain such lands.
2.
Where the Township accepts dedication of restricted open space land that contains improvements, the Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
B.
Homeowners' association. The restricted open space land and associated facilities may be held in common ownership by a homeowners' association. The homeowners' association shall be formed and operated under the following provisions:
1.
The developer shall provide a description of the homeowners' association including its bylaws and methods for maintaining the open space open space.
2.
The homeowners' association shall be organized by the developer and operating with financial subsidization by the developer, before the sale of any lots within the development.
3.
Membership in the homeowners' association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the homeowners' association from the developer to homeowners shall be identified.
4.
The homeowners' association shall be responsible for maintenance and insurance on common open space land, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the Township which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.
5.
The members of the homeowners' association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the homeowners' association declaration or bylaws. Homeowners' association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purpose).
6.
In the event of a proposed transfer, within the methods here permitted, of common open space land by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development.
7.
The homeowners' association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common open space land.
8.
The homeowners' association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide:
a.
That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year with the fields are fallow);
b.
That the common open space land to be leased shall be maintained for the purposes set forth in this ordinance; and
c.
That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners' association, as the case may be.
9.
The lease shall be subject to the approval of the Board and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Lancaster County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
10.
Homeowners' association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with this section.
C.
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Board of Supervisors. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of § 1206.2B above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
D.
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion of portions of restricted open space land, title of which is to remain in common ownership by condominium or homeowners association, provided:
1.
Such land is accessible to Township residents;
2.
There is no costs of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and
3.
A satisfactory maintenance agreement is reached between the developer, condominium or homeowners association and the Township.
E.
Transfer of easements to a private conservation organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space and/or natural resources, provided that:
1.
The organization is acceptable to the Board of Supervisors 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; and
3.
A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.
F.
Private ownership of restricted open space. Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
1.
All or portions of the designated restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.
§ 1206.3 Required open space management plan.
A.
Any application for conditional use approval of the open space design option, under this article, shall contain a conceptual plan for the long term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of (1) the manner in which the restricted open space will be owned and by whom it will be managed and maintained; (2) the conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including conservation plan(s) approved by the Lancaster County Conservation District where applicable; (3) the professional and personnel resources that will be necessary in order to maintain and manage the property; (4) the nature of public or private access that is planned for the restricted open space; and (5) the source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of § 1206.1 shall be a factor in the approval or denial of the conditional use application by the Board of Supervisors.
B.
The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the preliminary subdivision and/or land development plan. The Supervisors may require that the management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Lancaster County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this article and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Supervisors, and the approval of the Board of Supervisors in that regard shall not be unreasonably withheld or delayed.
§ 1206.4 Open space financial security.
A.
All landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer as applicable. Financial security shall be required to cover costs of all installation of proposed improvements in the open space area. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 130, Subdivision and Land Development.
B.
An appropriate portion of the financial security will be applied by the Township should the developer fail to install the planting or recreational facilities.
