A. Specific intent.
(1) The intent of this section is to provide regulations for developing a property in such a manner as to ensure that the environmentally sensitive areas are preserved and that there is a large amount of open space to meet the needs of the residents.
(2) The following regulations shall apply in any district where a single-family open space development is permitted.
B. Minimum tract area.
(1) The tract of land shall be in single ownership or filed jointly by the owners and contain a minimum of eight acres.
(2) Each lot that is used as a single-family detached dwelling site shall be served by a centralized water supply system and a centralized sewage disposal system.
(3) At least 55% of the original tract shall be set aside for open space.
(4) The applicant shall be permitted to construct one single-family detached dwelling unit for each acre of the tract. [Amended 3-18-2003 by Ord. No. 129-D-03]
C. Area and bulk regulations.
(1) Building separation. Each single-family detached dwelling shall be separated from any other single-family detached dwelling by a minimum of 30 feet.
(2) All buildings shall be located at least one foot from any lot lines. An easement for maintenance purposes may be required.
(3) There is no minimum lot size in this district.
(4) All buildings shall be located at least 50 feet from the tract boundary. Cartway width shall be 18 feet with rolled curb and 22 feet with upright curb and with a right-of-way of 40 feet.
(5) All buildings shall be located at least 25 feet from the edge of the cartway.
(6) There shall be a minimum of three off-street parking spaces for each unit. Each parking space shall be designed so that the motor vehicle may proceed to and from the parking space provided for it without requiring any other vehicle to be moved.
D. Accessory uses.
(1) The following accessory uses shall be permitted in a single-family open space development:
(a) Antennas.
(b) Satellite dishes. Satellite dishes shall be limited to a twenty-four-inch maximum diameter.
(c) Home occupations.
(d) Fences.
(e) Private greenhouses. Private greenhouses must be attached to the dwelling unit.
(f) Tennis courts. Tennis courts shall be a minimum of 25 feet from any lot line.
(g) Swimming pools.
(h) Solar energy systems. Solar energy systems must be attached to the dwelling unit.
(i) Keeping of animals or fowl.
(2) The following accessory uses shall not be permitted in a single-family open space development:
(a) Storage sheds.
(b) Detached garages.
(c) Recreational vehicles.
(d) Windmills.
E. Open space regulations.
(1) Use and maintenance. All land held for open space shall be so designated on the plans. The plans shall contain the following statement: "Open space land may not be separately sold, nor shall such land be further developed or subdivided. " The subdivision or land development plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes should be used:
(a) Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
(b) Natural area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants. Trash and construction debris shall be removed, and streams shall be kept in free-flowing condition.
(c) Recreation area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
(d) Planting area. An area created for purposes of hedgerow replacement, buffer planting area and/or plant screening.
(2) Ownership of open space. All required common open spaces shall be protected by a conservation easement in perpetuity, with the Board of Supervisors, at a minimum, provided with the authority to enforce such easement. Ownership for the open space area shall be by any of the following procedures, provided that the legal mechanisms for such proper ownership and maintenance are acceptable to the Board of Supervisors, based upon review by the Township Solicitor:
(a) Ownership by the township. The Board of Supervisors may, at its option, now or in the future, voluntarily accept the dedication of all or part of the common open space.
(b) Ownership by a nature organization. The sale, lease or other disposition of open space to an established lawfully incorporated nonprofit nature conservation organization acceptable to the Board of Supervisors or to a homeowner's association to be incorporated in a form acceptable to the Board of Supervisors. Such organization shall be chartered under the laws of Pennsylvania to administer and shall maintain the land and facilities subject to an acceptable deed restriction or conservation easement in perpetuity. The eventual disposition of said open space shall be limited to the purposes stated in the article of incorporation.
(c) Ownership by individuals. The inclusion of the open space in the deed description of the individual purchasers or subdivision, subject to an acceptable deed restriction or conservation easement in perpetuity limiting the eventual disposition of said open space for the purposes outlined in the plan submitted to the Township Supervisors.
[1] Such private ownership shall only be permitted if the applicant proves that it is the most reasonable and responsible method of ensuring protection, ownership, maintenance and funding of the common open space.
[2] Access rights shall be guaranteed for all residents within the development.
(d) Other methods. Such other method that the applicant proves to the full satisfaction of the Board of Supervisors will ensure proper protection, ownership, maintenance and funding of the common open space.
(3) Planting and recreation facilities within open space areas. The developer shall provide designated planting and areas suitable for active or passive recreation within open space areas. A performance bond or other securities shall be required to cover the cost of installation in accordance with the provisions of Chapter 205, Subdivision and Land Development. The use of species of vegetation that are native to the area is encouraged.
(4) Determination of open space areas. The applicant shall prove that the following resources and conditions, as applicable, were carefully and appropriately considered in determining which areas are to be set aside as common open space:
(a) Flood-prone areas, wetlands, watercourses, ponds and creek valleys.
(b) Concentrations of slopes of 15% or steeper.
(c) Woodlands and forested areas.
(d) Areas proposed as greenways or recreation areas, or other applicable recommendations in the Township Comprehensive Plan and/or open space, recreation and environmental resources plan.
(e) Historic buildings and sites.
(f) Land within 100 feet of the perimeter of the tract.
(g) Lands highly suitable for recreational purposes.
(h) Scenic areas and vistas and other highly visible views.
(i) How the common open space will relate to the objectives of a single-family open space development.
(a) No individual area of the minimum common open space shall be less than one acre. No area of the minimum common open space shall have a width less than 50 feet, except for points of access.
(b) If the Board of Supervisors determines that an area is needed for active recreation, then a suitable area shall be provided.
(c) The common open space shall be made up of the minimum number of parcels possible to avoid fragmentation of open space within the tract.
(d) The applicant shall show that the common open space will be conveniently accessible to the residents of homes intended to be served by it.
(e) Common open spaces shall be coordinated with other nearby existing, proposed or potential common open spaces or parks, either through being contiguous or through safe pedestrian connections. Where a single-family open space development will abut an undeveloped tract and/or a future development phase, the proposed common open space shall be located in consideration of the potential to eventually link together open space on the two tracts or phases.
(f) The proposed common open spaces shall be accurately and clearly delineated on the layout plan. The intended class of each area of open space shall be stated, which should follow the categories listed in Subsection F(1) of this section.
(g) Common open space areas that are not already wooded and are not approved as lawn, natural areas or recreation areas shall be attractively and extensively landscaped, according to a plan approved by the Board of Supervisors.
(h) Common open space shall have appropriate access for needed maintenance.
F. Open space plan development. The plans shall be prepared by a design team, including a registered professional engineer and a registered landscape architect. The applicant shall submit plans meeting the following requirements:
(1) Base plan. The following information shall be presented:
(a) Tract boundaries.
(b) One-hundred-year floodplain and wetland boundaries, existing watercourses, streams and ponds.
(c) Significant historical, farmland, natural or man-made features.
(d) Slopes of 15% to 25%, and greater than 25%.
(e) Tree masses and specimen trees.
(f) Contour lines at a vertical interval of not more than two feet.
(g) Location of any proposed stormwater basins or sewage facilities.
(2) The Township Planning Commission, the Conservancy Board, the Park and Recreation Board and the Historical Commission (if applicable) shall be given the opportunity to inspect the property with the applicant and the design team, in order to determine which areas of the property or which views should be preserved.
(3) These areas or views to be preserved, along with the recommended use of each of these areas, shall be marked on the plan. The preliminary location of all principal buildings shall be shown on the plans.
(4) A recommendation on the plan shall be provided by the Planning Commission to the Board of Supervisors, together with supporting documentation.
(5) The Board of Supervisors shall review and approve, conditionally approve with modifications or reject the application.
(6) After the initial plan is approved by the Board of Supervisors, the design team shall submit a more detailed plan showing proposed locations for dwellings, streets, driveways, trails, lot lines and other development improvements, together with sizes and locations of stormwater basins and utilities. After the Planning Commission has provided a recommendation on this plan and the Board of Supervisors has granted conditional use approval, with any conditions, then the applicant shall be authorized to submit engineered preliminary and final plans under Chapter 205, Subdivision and Land Development.
(7) At the option of the Board of Supervisors, the applicant may be allowed to submit preliminary subdivision plans during an overlapping time period with the conditional use approval process.
**Webmasters Note: The previous section has been amended as per Ordinance No. 129-D-03.
To provide refuge for public transit riders from adverse weather conditions, a bus shelter shall be permitted, provided that all of the following requirements are met:
A. The only signs that shall be permitted shall be those permitted by §240-22T, in addition to maps and schedules providing information regarding the public transit service.
B. Such bus shelters shall only be permitted if the entity installing the bus shelters has a written agreement with the Board of Supervisors. Such written agreement shall specify at a minimum that the Board of Supervisors shall have the right to preapproved the locations of the bus shelters, and an acceptable process is established in advance to address liability issues, lighting, termination and maintenance responsibilities.
C. Such shelters shall be durably constructed. For security and safety purposes, the majority of the shelter shall be constructed of clear lean or clear tempered safety glass. In addition, a horizontal roof may be constructed of translucent plexiglass or another suitable material.
D. The shelter shall be located to avoid interference with sight distances specified in township ordinances or any applicable standards of the Pennsylvania Department of Transportation, whichever is more restrictive.
E. All lighting of the shelter and the signs shall be installed in such a way that the source of the light is shielded from direct view of abutting properties and from traffic along the street(s) and so that noxious glare is not created.
F. A bus shelter shall not be located directly abutting the lot line of an existing single-family detached dwelling.
G. A bus shelter regulated by this section shall only be permitted abutting Pennsylvania Route 3.
The following regulations shall be applicable to the use, occupancy and maintenance of a group home, which shall be a permitted use in each residential district, subject to compliance with the following regulations:
A. Only one such group home shall be established on a lot as a single-family residential dwelling.
B. The dwelling unit shall, in all respects, be maintained as a single-family structure, the practical effect of which shall be that the residents thereof are permanently residing tog ,ether as a family unit rather than in a transient institutional setting. No exterior alterations shall be made which alter the building's exterior appearance as a single- family dwelling
C. The maximum number of residents and staff residing or requiring overnight accommodations in the group home shall be counted in determining the maximum occupancy, which shall not exceed any square footage limitations imposed by the township's building code.25 The interior physical structure of the dwelling shall not be altered solely for the purpose of accommodating additional residents beyond the average number of such residents capable of being accommodated in an average residential dwelling in the immediate neighborhood of the group home.
D. The group home shall be owned and operated by an individual or other entity currently licensed by the Department of Public Welfare of the Commonwealth of Pennsylvania to provide residential care to the residents thereof.
E. The group home shall be staffed on a twenty-four-hour-a-day, seven-days-a-week basis with a sufficient number of personnel employed by the operator. Such personnel shall be demonstrably capable at all times of meeting the needs of its residents. In no event shall the number of such staff be less than that number required to meet the licensing requirements promulgated by the department for the particular group home, if any.
F. A group home shall not be located or established within a one-half-mile radius of another group home.
G. See also provisions for modifications to comply with federal law in §240-58E.
H. Any medical or counseling services provided on the lot shall be limited to residents.
