Wilkins Township City Zoning Code
ARTICLE X
Planned Residential Development
§ 450-60 Purpose.
A.
Purpose. It is the purpose of this article to establish regulations and controls for the use of land and structures, areas of lots, bulk of buildings, amount and kind of open space, the provision of off-street parking and other similar accessory regulations in a PRD in accordance with guidelines set forth in the MPC 53 P.S. § 10701 et seq., as amended. The purpose of these PRD regulations is to provide for residential development as a single unit and permit more flexibility than is generally possible under conventional zoning controls. Further, the PRD is intended to:
(1)
Provide for a more varied, innovative and efficient development pattern consistent with traditional patterns and scale of development, a mix of uses, and designs that occurred prior to newer suburban development patterns.
(2)
Preserve the existing topography and wooded slopes by encouraging clustered development and limiting hillside development beyond a reasonable gradient.
(3)
Promote a mix of diverse but compatible types of neighborhood development.
(4)
Encourage a blend of housing at a moderate density to serve various age groups and types of housing.
(5)
Provide for safe and convenient pedestrian, bicycle, and vehicle circulation.
(6)
Provide walkable development patterns and shift the focus from motor vehicles to pedestrians and bicycles.
(7)
Encourage persons to work, shop and recreate in and around the neighborhood in which they live.
(8)
Encourage the creation of a sense of place and a community spirit that promotes social interaction.
(9)
Conserve open space and encourage a more efficient use of land, resulting in small networks of utilities and streets and lower housing and infrastructure maintenance costs.
§ 450-61 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
A use, the primary function of which is to provide indoor recreational, meeting, and/or administrative space to serve the residents of a development that is maintained and operated by a homeowners' association as a part of the common open space of a planned residential development.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. Areas devoted to stormwater management facilities shall be permitted to be included within the minimum required common open space area, in conformance with § 450-66E of this chapter.
Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this article shall mean the written and graphic materials referred to in this definition.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
In accordance with Section 503(1.1) of the MPC[1], the following activities are excluded from the definition of a "land development":
The conversion of an existing single-family detached dwelling (less than 3 units);
The addition of an accessory building (including farm/agricultural buildings); or
The addition or conversion of buildings or rides within the confines of an enterprise that could be considered an "amusement park."
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
The fifteen-foot area between the continuous line forming the boundary of a property and the developed portion of a planned residential development. The perimeter buffer functions as an opaque screen from the ground to a height of at least 10 feet preventing visual contact between uses and creating a strong impression of total separation.
[Added 3-27-2023 by Ord. No. 1114]
An area of land controlled by a landowner, to be developed as a single entity for a number of dwelling units, or a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
A planning commission, planning department, or a planning committee of the governing body.
The map or plan of subdivision or land development, whether preliminary or final.
Includes:
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
§ 450-62 Procedure for approval.
A.
Authority. The Township shall hear and decide requests for PRD in accordance with the provisions and procedures of this article.
B.
Compliance. No proposed PRD may be approved or recorded, and no lot of the proposed PRD may be sold or any structure built, altered, moved or enlarged, in any proposed PRD unless and until the proposed PRD plan has been shown to meet all requirements of all applicable codes and ordinances of the Township, including but not limited to this chapter.
C.
D.
Application procedure, general. An application for development of a PRD is governed by and follows the procedure of Article VII of the MPC, 53 P.S. §§ 10701 et seq. The applicant shall submit all applications to the Zoning Officer. The fee for the application is set by resolution of the Board of Commissioners as a part of the annual fee resolution.[1]
[1]
Editor's Note: The current fee resolution is on file in the Township offices.
E.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval, the applicant is strongly encouraged to have a meeting with the Township staff and such other personnel as may be necessary to determine the feasibility, suitability, and timing of the application. The intent of this step is for the applicant to obtain information and guidance from the Township before entering into any commitments or incurring substantial expenses with regard to the site and the PRD plan preparation.
F.
Tentative approval.
(1)
Application content. An application for tentative approval of a PRD shall include the following:
(a)
One copy of the application form provided by the Township and completed by the applicant.
(b)
Application fee for tentative approval of a PRD.
(c)
Maps and information required by Chapter 385, Subdivision and Land Development, and § 385-16, Preliminary plan, which shall show compliance with Subsection (4) of Section 707 of the MPC, 53 P.S. § 10704(4), and shall provide information to determine the location and size of the common areas and common open space and the form of the organization proposed to own and maintain the common areas for PRD.
(d)
Plans and information documenting compliance with Subsections (4) and (5) of Section 707 of the MPC.[2] Such plans and information shall indicate reasons why the PRD is consistent with the Comprehensive Plan and is in the interest of the Township. Requested modifications to the Code otherwise applicable to the site shall be cited.
[2]
Editor's Note: See 53 P.S. § 10707(4) and (5).
(e)
Total number of lots for each type of residential use.
(f)
Residential density. The total number of dwelling units, and for each type of residential use, the percentage in relation to the total number of residential dwelling units.
(g)
Gross land area percentage for nonresidential uses. The acreage of each type of nonresidential use, square footage proposed, and location of areas proposed for nonresidential uses.
(h)
General vehicular and nonvehicular patterns, including all points of access to the site for the entire PRD; including a map designating streets types and identifying those proposed for public dedication.
(i)
Location and dimensions of streets and ROW of the proposed street network. A street specification document shall be provided as part of the tentative plan if new streets are proposed with the PRD.
(j)
Boundaries and conceptual depiction of the location and proposed use in each area of the development, which includes depictions of residential and nonresidential uses.
(k)
A narrative that describes the proposed covenants, restrictions, development standards, and the proposed community association documents or a draft of such documents.
(l)
Location of proposed public utilities including improvements that will be owned, operated and maintained by a property owners' association.
(m)
A plan for providing stormwater control. The plan for stormwater management facilities shall be accompanied by an analysis and discussion of anticipated stormwater management methods.
(n)
A plan for providing streetlighting street trees, sidewalks, and pedestrian or bicycle trails as proposed and/or required by this chapter or Chapter 385, Subdivision and Land Development of the Township Code.
(o)
Such other data as is reasonably found necessary by the Planning Commission and/or Board of Commissioners.
(2)
Planning commission review and comment. The Planning Commission shall review and discuss the proposed PRD at an open meeting and take public comments on the proposed application for tentative approval. The Planning Commission shall make a written recommendation to the Board of Commissioners on any application for tentative approval of a PRD. The Planning Commission shall set forth the reasons for its recommendation that the proposal be either approved or denied.
(3)
The Planning Division of Allegheny County Economic Development (ACED) review and comment. At least 30 days before the public hearing, applicant shall submit the application for tentative approval of a PRD to the Allegheny County Planning Department for review and comment as required by the MPC, 53 P.S. § 10101 et seq.
(4)
Public hearing. The Board of Commissioners shall hold a public hearing on the application for tentative approval in accordance with Section 708 of the MPC, 53 P.S. § 10708. The Township shall cause notice of the public hearing to be given as required by law.
(5)
Considerations for approval. The Board of Commissioners shall consider whether proposed application for development of a PRD will make for a more efficient, attractive, and harmonious planned development, as compared to the underlying zoning district.
(6)
Finding. The Board of Commissioners shall make findings in accordance with Section 709 of the MPC, 53 P.S. § 10709.
(7)
Official written communication. The official written communication of findings shall be certified by the Township Manager and a certified copy shall be mailed to the landowner and developer in accordance with Section 709 of the MPC, 53 P.S. § 10709.
G.
Status of the plan after tentative approval. The status of a plan after tentative approval shall be in accordance with Section 710 of the MPC, 53 P.S. § 10710.
H.
Final approval.
(1)
Submission of application. The application for final approval of a PRD shall be submitted within six months after tentative approval, unless the Township grants an extension upon written request of the developer to a date not to exceed 18 months from the date of tentative approval. However, PRDs proposed in phases shall have applications for final approval made pursuant to the phase schedule set forth in the official written communication of the findings of the Township with respect to tentative approval.
(2)
Application content. An application for final approval of a PRD shall include the following:
(a)
Twelve copies of an application form provided by the Township and completed by the developer.
(b)
Application fee and review fees for final approval of a PRD.
(c)
Maps and information with the same number of copies as required by Chapter 385, Subdivision and Land Development.
(d)
Twelve copies of final drawings, including floor plans and elevations for all structures and buildings other than residential dwellings, prepared by an architect, including all proposed signs, all exterior illumination and all outside storage areas.
(e)
The final plat for the PRD shall contain those items approved in the application for tentative approval and the items in Chapter 385, Subdivision and Land Development.
(f)
Twelve copies of a development schedule showing:
[1]
The order of construction of the proposed sections delineated in the final development plan.
[2]
The proposed date for the beginning of construction on said sections.
[3]
The proposed date for the completion of construction on said sections.
[4]
The proposed schedule for the construction and improvement of the common areas.
(g)
Twelve copies of deed restriction proposals to preserve the character of the common areas.
(h)
If the developer elects the association or nonprofit corporation method of administering common areas, the proposed bylaws of the association or the certificate of incorporation and the incorporated bylaws of the nonprofit corporation.
(i)
If the developer elects the condominium method of ownership of common areas, the proposed declaration of condominium bylaws and related documents.
(j)
Instruments dedicating all public and private ROW, easements and other public lots shown on the final development plan from all persons having any interest in said lots.
(k)
Improvement security. The developer shall guarantee the installation of the private and public improvements specified in the final development plan by providing an improvement security in the amount of 110% of the estimated cost of construction of the private and public improvements, as determined in accordance with Section 509 of the MPC, 53 P.S. § 10509.
(l)
Twelve copies of tax receipts. Paid receipts from the taxing bodies, indicating taxes have been paid in full, up to and including the current period.
(3)
Planning commission review and recommendation. The Planning Commission shall examine the application and determine if the application meets the criteria and includes the items required and if the application for final approval complies with the conditions of tentative approval, if any. The Planning Commission shall forward its written recommendation to the Board of Commissioners for final approval, setting forth its findings and reasons.
(4)
Action on application for final approval. Action on the application for final approval shall be in accordance with Section 711 of the MPC, 53 P.S. § 10711.
I.
Recording of final development plan. Recording of the final development plan shall be in accordance with Section 711(d) of the MPC, 53 P.S. § 10711(d). The time for recording of a final development plan granted final approval by the Board of Commissioners shall be governed by the provisions of Chapter 385, Subdivision and Land Development.
J.
Zoning approval. No zoning approval for construction or erection of structures or for occupancy and use shall be issued until the final development plan has been approved and recorded. Upon proof of recording and certification of final approval by the Board of Commissioners, a zoning approval shall be issued by the Zoning Officer.
K.
Procedure for approval of amendments to PRDs after final approval and/or recording. Any amendment to a PRD submitted after final approval for recording which does not violate any of the conditions or requirements of the tentative approval or of the zoning district classification may be approved at an open meeting of the Board of Commissioners after recommendation by the Planning Commission. Amendments involving substantive changes or modifications to conditions shall require a public hearing in the same manner as for an application for tentative approval of a PRD. Upon approval of the amendment, the recorded final development plan shall be amended and rerecorded to conform to the amendment.
L.
Completion and acceptance of public improvements. Upon completion of the public improvements in a final development plan, the provisions of Chapter 385, Subdivision and Land Development shall apply and govern the completion and acceptance of public improvements.
M.
Release of improvement security. The release of the improvement security required under this article shall be governed by Chapter 385, Subdivision and Land Development, and the acceptance of public improvements, and the required maintenance security shall be governed by Chapter 385, Subdivision and Land Development.
§ 450-63 General provisions.
B.
The PRD shall be served by public water and public sewer.
C.
The provisions of this article for approval of a PRD plan shall be a modification to and in lieu of procedures for approvals otherwise required by this article and Chapter 385, Subdivision and Land Development.
D.
In addition to the requirements of this article, applicants and developers must also apply for and obtain any and all permits required by this article and any other Township ordinance.
E.
Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this article.
§ 450-64 Permitted uses.
A.
Permitted uses in the R-2, R-3 and R-4 Zoning Districts. The following uses may be permitted in a development plan, provided their design, arrangement, landscaping and construction meet the requirements set forth in this article.
(1)
Residential uses. Single-family dwellings, duplex dwellings, townhouses, multifamily dwellings, and quadruplex dwellings.
(a)
A minimum of 20% of all residential uses within a PRD shall be single-family dwellings in the R-2 and R-3 Zoning Districts.
(2)
Commercial uses in the R-2, R-3 and R-4 Zoning Districts. The following uses shall be permitted in conjunction with a PRD: specialty retail.
(3)
Other permitted uses. Clubhouses, common open spaces, parks and playgrounds, and pools, the purposes of which are to act as amenities to a PRD and which are located within the common open space of an approved PRD.
B.
Permitted uses in the C-1 Zoning District. The following uses may be permitted in a development plan provided their design, arrangement, landscaping and construction meets the requirements set forth in this article.
§ 450-65 Site design requirements.
A.
The site for any PRD shall meet the following requirements:
(1)
The entire site for the development plan shall be owned or controlled by the developer.
(2)
Access. The site must provide for direct access from a collector or arterial road, as defined by this chapter, to assure convenient and safe access which will not cause undue congestion or hazard on local streets.
(3)
Natural features. Existing natural features, such as trees, steep slopes, watercourses, historic assets and similar irreplaceable assets, shall be preserved insofar as possible through harmonious design of the development plan.
B.
Minimum size. The site shall not be less than five acres for a PRD.
C.
Permitted density.
Table 1. Table of Lot Area, Density, Bulk and Perimeter Buffer Requirements for PRD | ||||||
|---|---|---|---|---|---|---|
District in which the PRD is located | Minimum Lot Area/Dwelling Unit (square feet) | Maximum Lot Density (units/acre) | Front Yard Setback | Rear Yard Setback | Side Yard Setback | Perimeter Buffer setback1 |
R-1 | N/A | N/A | N/A | N/A | N/A | N/A |
R-2 | 6,250 | 7 | 20 | 15 | 5 | 15 |
R-3 | 5,445 | 8 | 20 | 15 | 5 | 10 |
R-4 | 4,356 | 10 | 15 | 15 | 5 | 10 |
C-1 | 3,630 | 12 | 20 | 15 | 5* | 15 |
M, F-1, LAR-TND | N/A | N/A | N/A | N/A | N/A | N/A |
1 | See also § 450-66F, Perimeter buffer |
* | Adjoining district, other than Commercial |
D.
In calculating the residential density, all proposed commercial acreage shall be subtracted from the gross site area. When mixed-use structures are proposed that include upper story residential uses in conjunction with first floor commercial uses, the acreage for the mixed-use structures shall be included in the gross site area for calculation of residential dwelling units.
E.
Building spacing. The requirements determining the spacing of buildings shall be as flexible as possible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access as required by the Township Building Code.[1] Side setbacks shall not be required for units that share a common wall. Side setbacks listed in Table 1, § 450-65C will only apply for end units.
F.
Building height. Building height shall comply with the requirements of the underlying zoning district.
G.
Off street parking. Off-street parking spaces shall be provided in accordance with specification of § 450-23, Off-street parking and loading, of this chapter.
§ 450-66 Required elements.
A.
Sidewalks and pedestrian walkways. Sidewalks shall be required on both sides of all streets. In addition, pedestrian interior walks may be required where necessary to assist circulation or provide access to community facilities.
(2)
In the event that the Township determines that it is not feasible to construct sidewalks that connect to an arterial or collector street or to internal parks or open space, then and in lieu of providing a sidewalk along the frontage of a collector or arterial street, the developer and the Township shall agree to a modification to the requirements for the construction of that sidewalk only.
B.
Utilities. All utilities located within the PRD shall be located underground.
C.
Lighting. Lighting shall be provided at all street entrances, intersections and collective gathering areas subject to the approval of the Township Engineer.
D.
Trees. Trees shall be planted along all streets. The location and types must meet the approval of the Planning Commission.
E.
Common open space. All PRDs shall preserve 25% of the gross site area as common open space.
(1)
Common open space for active recreation. At least 10% of the required 25% common open space shall have a slope of 10% or less and shall be designed for active recreation uses. Active recreation spaces should include parks, plazas, greens and/or squares.
(2)
Areas devoted to stormwater management facilities shall be permitted to be included within the minimum required common open space area where such facilities are integrally incorporated into the overall open space design and use best management practices. When the stormwater management facility is an underground storage facility, the area may be counted towards the required active recreation space. In no case shall an aboveground stormwater detention facility be counted towards the required active recreation space.
(3)
Common open spaces shall be used for social, passive recreational and/or natural environment preservation purposes. The common open space shall typically include all or part of the following resources:
(4)
Common open space land shall be accessible from a road within the development plan or shall adjoin and become part of an existing open space area that is accessible from a road within the development plan.
F.
Perimeter buffer.
[Amended 3-27-2023 by Ord. No. 1114]
(1)
Requirement. Landscaping shall be provided to buffer the negative impacts between incompatible land uses, and to minimize the adverse effects of certain activities upon their surroundings. The minimum site perimeter buffers shall be as listed in § 450-65C, Table 1.
(2)
Buffer zone standards.
(a)
Buffer zones shall be required along the property line between adjacent lots as specified in Table 2 and further defined herein. The perimeter buffer shall be green space with no improvements with the exception of stormwater management facilities and points of access.
Table 2. Buffer zones.  |
(b)
A buffer zone shall be required even where the adjacent property is unimproved.
(c)
Prior to changing the use of a property to a more intense land use (for example, residential to commercial), or when a property is rezoned to a more intense district, a buffer zone meeting the applicable requirements of this section shall be installed.
(d)
All areas of the buffer zone outside of planting beds shall be planted with grass or other living ground cover or preserved in a natural wooded state.
(3)
Required buffer zones.
(a)
Residential PRD.
[1]
Perimeter buffer zones shall be required in a Residential PRD and shall be established as a part of the development plan review process. At a minimum, Residential PRDs shall include the following plant quantities per 100 linear feet of property line: two Canopy trees, two ornamental trees, two evergreen trees and four shrubs.
[2]
Perimeter buffer zones shall be required in a Commercial PRD and shall be established as a part of the development plan review process. At a minimum, Commercial PRDs shall include the following plant quantities per 100 linear feet of property line: three ornamental trees, three evergreen trees and six shrubs.
(4)
Buffer zone exceptions. A buffer zone shall not apply where the reviewing authority determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or where existing natural conditions on the lot act as a buffer. Alternately, where the reviewing authority determines that a vegetative buffer is inappropriate for a lot, they may approve the installation of a fence or wall to meet the buffer requirements. The following factors shall be considered when evaluating any request for exception:
(5)
Plant materials. All required buffers shall comply with the following standards in addition to all other applicable requirements of this section. Acceptable trees may be selected from the list of desirable species in Appendix A,[2] which is Tree Pittsburgh's "Tree Species for Parks & Open Spaces in Allegheny County," updated Spring 2021.
(a)
All plant materials shall be hardy to Allegheny County and free of disease and insects.
(b)
Landscaped areas shall be maintained in a neat, healthy and orderly condition following accepted horticultural practices. Withered, dying and/or dead plants and trees shall be replaced within a reasonable period of time, but not longer than one growing season. First season watering plans shall be provided to the Planning Commission for review and to ensure plant establishment in first season growth periods.
(c)
Artificial plant material shall not be used within any required landscaped area. This shall not preclude the use of stone, shredded bark, wood chips, pine needles or similar accent materials within planting beds.
(d)
All plant material shall be installed in such a manner so as not to alter drainage patterns on the site or adjacent properties or to obstruct vision for safety of ingress or egress.
(e)
All plant material shall be planted in a manner so as to not cause damage to utility lines (above and below ground) and public roadways.
(f)
Existing plant material which complies with the standards of intent of this chapter and the provisions of this section may be credited toward meeting the landscape requirements. Scrub, dying, diseased trees and shrubs or trees and shrubs not included in Appendix A[3] shall be removed and shall not be counted toward any requirement of this section.
[3]
Editor's Note: Appendix A is on file in the Township Offices.
(g)
The overall landscape plan shall not contain more than 33% of any one plant species, unless determined to be appropriate by the reviewing authority.
(h)
Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1-2014) published by American Hort and conform to the minimum plant sizes at the time of planting listed in Table 3, unless a greater requirement is specified elsewhere in this chapter. Larger sizes may be required by the reviewing authority, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, based on the size of the development, its location and/or the character of the surrounding area.
Table 3 Minimum Size Requirements | |
|---|---|
Plant Type | Minimum Size |
Deciduous canopy tree | 2.5 inch caliper |
Deciduous ornamental tree | 2.5 inch caliper |
Evergreen tree | 7 feet in height |
Deciduous shrub | 24 inches in height |
Upright evergreen shrub | 24 inches in height |
Spreading evergreen shrub | 24 inch spread |
(i)
Landscaping shall be installed prior to issuance of a certificate of occupancy, unless the owner demonstrates that unforeseen circumstances beyond his/her control prevent the installation. In such case, the Building Inspector may issue a conditional certificate of occupancy, provided that a specific time limit, not to exceed 120 days is established for completing the landscaping.
[2]
Editor's Note: Appendix A is on file in the Township Offices.
(6)
The area of the perimeter buffer shall be included in the open space calculations.
(7)
Required sidewalks abutting arterial streets may be counted as a part of the perimeter buffer.
§ 450-67 Additional design standards.
A.
Alleys. Alleys shall not be permitted in PRD sites.
B.
Street design shall be in accordance with Chapter 385, Subdivision and Land Development, of the Township Code.
C.
Visibility. At all proposed driveways and intersections, minimum acceptable sight distance shall be provided for all permitted turning movements.
D.
Emergency access. Suitable access for emergency vehicles shall be provided within all neighborhood design development sites, including adequate clear width and height and access to reach all principal buildings.
E.
Townhouse units per residential building. No more than four dwelling units shall be attached in a row and at least 50% of said units shall have facades with varying setbacks.
§ 450-68 Ownership and maintenance standards for common open space.
A.
Ownership. Any of the following methods may be used, either individually or together, to preserve, own, and maintain common open space, condominium, homeowners' association, dedication in fee simple, dedication of easements, transfer of fee simple title, and easements to a private conservation organization. Such land shall not be eligible for transfer to another party, except for transfer to another method of ownership permitted under this section. The following specific requirements are associated with each of the various methods:
(1)
Homeowners' association. The common open space may be held in common ownership by a homeowners' association.
(2)
Fee simple dedication. The Township may, but shall not be required to, accept any portion of the common open space; provided 1) such land is accessible to the residents of the Township; 2) that there is no cost of acquisition (other than the costs incidental to the transfer of ownership, such as title insurance); and 3) Township agrees to and has access to maintain such lands.
(3)
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 restrictive easement to a private nonprofit organization, among whose purposes it is to conserve open space land and/or natural resources; provided 1) the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; 2) the conveyance contains appropriate provisions for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and 3) a maintenance agreement acceptable to the Township is reached.
(4)
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title to which is to remain in ownership by condominium or homeowners' association; provided 1) such land is accessible to the residents of the Township; 2) that there is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance); and 3) a maintenance agreement acceptable to the Township is reached.
(5)
Condominium. The common open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the condominium laws of the Commonwealth of Pennsylvania.
B.
Specific requirements for homeowners' associations. If a homeowners' association is formed it shall be governed according to the following regulations:
(1)
The developer shall provide to the Township a description of the organization, including its bylaws and documents governing open space maintenance and use restrictions.
(2)
The organization shall be established by the developer and shall be operating (with financial subsidization by the developer, if necessary) before the sale of any lots within the development.
(3)
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(4)
The organization shall be responsible for maintenance of and insurance on common open space. The organization also shall be responsible for real estate taxes on common open space.
(5)
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with the procedures established by them.
C.
Common open space maintenance requirements.
(1)
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the PRD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
(2)
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common open space nor vest in the public any rights to use the same.
(3)
Before the expiration of said year, the Township shall, upon its initiative or upon the request from the organization therefore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the PRD to be held by the Board of Commissioners or its designated agency. At which hearing such organization or the residents of the PRD shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, then the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(4)
The decision of the Board of Commissioners or its designated agency shall be subject to appeal to court in the same manner and within the same time limitation as is provided for by zoning appeals by this chapter.
(5)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a lien on said properties.