[Added 9-17-1997 by Ord. No. 159]

In expansion of the declaration of legislative intent found in Article I, § 150-2, of this chapter and the statement of community development objectives found in Article I, § 150-3, of this chapter, the primary purpose of the Land Preservation District (LPD) is to preserve open land, sensitive natural areas and rural community character that would be lost under conventional development In addition, the intent of thus district is to permit a reasonable amount of residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features and farmland and provide privacy and neighborhood identity Specific objectives are as follows

A. To preserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development

B. To preserve scenic views and elements of the township's rural character and to minimize perceived density by minimizing views of new development from existing roads

C. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development

D. To create compact neighborhoods with direct visual access to preserved open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity

E. To implement the goals of the township's Comprehensive Plan and Open Space/Recreation Plan

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

G. To 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. To preserve areas of the township with productive agricultural soils for continued or future agricultural use by preserving blocks of land large enough to allow for efficient farm operations

I. To 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

Land in tile LPD Land Preservation District may be used for the following purposes

A. Single-family detached dwellings, in accordance with one of the following development alternatives

(1) As standard lots, in accordance with the regulations of §§ 150-12 through 150-17 of the AGR Agricultural District

(2) By conditional use, as a land preservation cluster, in accordance with the density and dimensional standards of the LPD District, provided that the tract is 10 acres or greater in size, at least 70% of the tract is in open-land, and lots are served by public sewers and public water

B. Open land, including neighborhood open space, comprising a portion of an LPD residential development, in accordance with the requirements of § 150-110 13 Neighborhood open space is a specific type of open land

C. Any use, other than single-family detached dwellings, permitted in the AGR Agricultural Distinct, provided that such use meets all requirements of the AGR District

The following standards apply to all residential development proposed under § 150-11011A(2), except that a residence existing as of the date of adoption of this article does not need to be included in a neighborhood or to meet any of the other standards in this section

A. All lots shall be grouped into neighborhoods which shall contain at least five but no more than 25 lots and are surrounded by open land

B. The maximum or minimum number of lots in a neighborhood may be increased or decreased, and neighborhoods may be assembled into larger groupings with the approval of the Board of Supervisors However, the applicant must demonstrate that such an alternative plan is more appropriate for the tract in question and will meet both the general intent and design standards of this chapter, rather than being intended solely for economic savings

C. Neighborhoods are defined by the outer perimeter of contiguous lotted areas or abutting roads and may contain lots, roads and neighborhood open space

D. A plan may contain one or more neighborhoods

E. Neighborhoods shall not encroach upon floodplain, wetlands or land with slopes of 15% or greater

F. The outer boundaries of each neighborhood shall meet the neighborhood setback requirements specified in § 150-110 15C herein

G. Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas

H. Views of neighborhoods from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation or additional landscaping which meets the LPD landscaping requirements of the township's Subdivision and Land Development Ordinance is

I. All lots in a neighborhood shall take access from interior roads, rather than roads exterior to the tract

J. Neighborhood open space standards A neighborhood with 10 or more residential lots must provide neighborhood open space in compliance with the following standards

(1) The neighborhood shall have at least 1,000 square feet of open space per lot but no more than 6,000 square feet of open space per lot

(2) The open space shall be central to the neighborhood it serves Open space used to separate -neighborhoods may not be counted as neighborhood open space

(3) All lots in a neighborhood shall face neighborhood open space or other open land (directly or across a road) for the full width of the lot, measured from the front or the rear of the lot This open space shall be at least 30 feet in depth

(4) Neighborhood open space shall have a minimum of 100 feet of road frontage and a minimum average width of 35 feet, measured along the narrowest dimension of the open space

(5) The open space shall be configured as a green or parkway

(a) A green shall be surrounded by streets along at least 50% of its perimeter It shall be designed and landscaped as a space for common neighborhood use

(b) A parkway is a narrow strip of open space surrounded by streets on all sides

(6) The neighborhood open space may contain stormwater detention basins or parking areas, but these shall not be included in the required 1,000 square feet per lot

(7) The neighborhood open space shall count toward meeting the 70% open land requirements of the LPD

Protected open land shall meet the following standards

A. The following uses are permitted in open land areas

(1) Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow)

(2) Agricultural uses, including raising of crops or livestock and farm buildings, excluding residences, which are needed to serve an active, viable agricultural operation

(3) Neighborhood open space as specified in § 150-110 12 herein

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

(5) Active, noncommercial recreation areas, such as playfields, playgrounds and courts, meeting the setback requirements in § 150-110 15C herein

(6) Wells and sewage drainage fields

(7) Pasture for horses in accordance with the requirements of § 150-177B(4) of the Zoning Ordinance

(8) Easements for drainage, access, sewer lines, waterlines or recreational purposes

(9) Stormwater management facilities for the proposed development, provided that such facilities occupy no more than 10% of the required amount of open land

(10) Parking areas where necessary to serve active recreation facilities with the appropriate number of

spaces to be determined by the Board of Supervisors

(11) Underground utility rights-of-way Aboveground utility and road rights-of-way may pass through open land areas but shall not count toward the required minimum 70% total open land requirement

B. No portion of any building lot or road right-of-way area may be used for meeting the minimum required amount of open-land

C. Open land areas, except for neighborhood open space and neighborhood setback areas, shall be located between existing public roads and the proposed homes The proposed homes shall be located as far from public roads as the neighborhood setbacks and environmental conditions will allow The only exceptions to this location requirement are listed below

(1) When the open space shall be used for a public park or trail connection shown in the township's Open Space Plan and/or Comprehensive Plan, this open space may be located away from existing public

roads, with the proposed homes closer to existing public roads, provided the township Supervisors determine that the proposed park or trail area meets township goals and policies

(2) When there are significant woodlands, steep slopes, wetlands, floodplains and/or historic buildings that would be preserved or protected by relocating the open space, this open space may be located away from existing public roads, provided that the township Supervisors determine that the proposed preservation area meets township goals and policies outlined in the township's Open Space Plan and/or Comprehensive Plan

D. Safe and convenient pedestrian and maintenance access shall be provided to open land areas that are not used for agricultural purposes

(1) Each neighborhood shall provide one centrally located access point per 25 lots, a minimum of 75 feet in width

(2) Access to open land used for agriculture may be appropriately restricted with signage and/or fencing for public safety and to prevent interference with agricultural operations

E. 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) Streambank protection

(6) Wetlands management

F. All open land areas that are not wooded or farmed shall be landscaped in accordance with the LPD landscaping requirements of the township's Subdivision and Land Development Ordinance 1'

A. All open land shall be permanently restricted from future subdivision and development Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 150-110 13A above

B. Ownership The following methods may be used, either individually or in combination, to own common facilities, however, open land shall 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 thus section, and then only when there is no chance 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 The township may, but shall not be required to, accept any portion - of the common facilities; provided that --

(a) There is no cost to the township, and

(b) The township agrees to and has access to maintain such facilities

(2) Condominium association Common facilities may be controlled through the use of condominium agreements Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of

1980, as amended" All open land and common facilities shall be held as "common element "

(3) Homeowners' association Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowner's associations set forth in Article VII, Section 705(f) of the Pennsylvania Municipalities Planning Code 19 In addition, the following regulations shall be met

(a) The applicant shall provide the township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common facilities

(b) The proposed 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 association shall be mandatory for all purchasers of dwelling units therein and their successors and assigns

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

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

(f) The association shall have adequate staff to administer, maintain and operate such common facilities

(4) Transfer to a private conservation organization or Montgomery County With permission of the township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or Montgomery County, provided that

(a) The conservation organization is acceptable to the township and is a bona fide conservation organization intended to exist indefinitely

(b) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Montgomery County

becomes unwilling or unable to continue

carrying out its functions

(c) The open space is deed restricted against development and the township is given the ability to enforce these restrictions

(d) A maintenance agreement acceptable to the township is established between the owner and the organization or Montgomery County

(5) Dedications of easements to the township The township 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 condominium association, homeowners' association or private conservation organization while the easements are held in public ownership In addition, the following regulations shall apply

(a) There shall be no cost of acquisition to the township

(b) Any such easements for public use shall be accessible to the residents of the township

(c) A satisfactory maintenance agreement shall be reached between the owner and the township

C. Maintenance Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open land shall be borne by the property owner, condominium association, homeowners' association or conservation organization

(1) The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common facilities, in accordance with the following requirements

(a) The plan shall define ownership

(b) The plan shall establish necessary regular and periodic operation and maintenance responsibilities

(c) The plan shall estimate staffing needs, insurance requirements and associated costs and define the means for funding the maintenance and operation of the open space on an ongoing basis Such funding plan shall include the 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

Any changes to the maintenance plan shall be approved by the Township Board of Supervisors

(2) Failure to maintain facilities, 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, Section 705 of the Pennsylvania Municipalities Planning Code ,2 assume responsibility for 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, condominium association, homeowners' association, conservation organization or individual property owners who make up a condominium or homeowners' and may include administrative costs and penalties Such costs shall become a hen on said properties Notice of such lien shall be filed by the township in the office of the Prothonotary of the county