A. Architectural Design Submission Requirements.

1.Where single-family attached and/or multi-family dwellings are proposed under the provisions of this Article as part of a conditional use application, Applicant shall provide drawings illustrating the general character of the intended exterior design of structures, including principal exterior materials. It is not the intention of the Township to govern specific architectural design nor to link development approval to any specific architectural design criteria. Rather, it is the purpose of this Section to promote design for residential buildings larger than single-family homes in a manner which achieves one of the following design objectives:

a. Complete visual screening when viewed from any public road due to intervening topographic changes, existing vegetation or landscaping introduced in accordance with Sections 1907 and 1908, or

b. Architectural form, mass, and use of materials in a manner which replicates proportional relationships and is visually reminiscent of traditional farmstead, hamlet or village building groups.

2. Where single-family attached and/or multi-family dwellings comprise residential structures in excess of eighty (80) feet in length, Applicant shall demonstrate sufficient variation in roofline and/or articulation of facade to mitigate the visual impact of long continuous building facades.

3. Where the Board of Supervisors determines that architectural design as presented by Applicant is an essential means by which the proposed use complies with the objectives of this Section, the Board may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character.

4. Applicant shall address proposed means of long-term maintenance of exterior building facades and landscaping to the satisfaction of the Board, for example, including where appropriate establishment of covenants and/or homeowners association documentation. In granting approval of any conditional use, the Board may establish appropriate conditions to require provision for long term maintenance of exterior building facades and landscaping.

B. Special Provisions for Conservation of Historic Resources.

1. Historic resources shall be preserved to the greatest degree practicable, through incorporation into the development plans and design, including historic structures, ruins or sites, historic road or other transport races, paths and trails, and any other historic landscape features.

2. Density Bonus. In addition to the maximum permissible number of lots or dwelling units otherwise permitted under this Section, Applicant may provide dwelling units and lots therefor through the maintenance, renovation and/or adaptive reuse of structures included in the Bucks County Register of Historic Places subject to compliance with the standards in Subsection 3 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.

3. Standards for Historic Resources providing Bonus Density. Applicant shall comply with the following standards where maintenance, renovation and/or reuse of any structure included in the Bucks County Register of Historic Places is proposed in order to develop dwelling units in addition to the maximum otherwise permissible:

a. Applicant shall demonstrate to the satisfaction of the Board of Supervisors that development or construction plans involving rehabilitation, alteration, or enlargement of any historical structure shall adequately conserve the historical integrity of such structures, particularly in terms of how they are viewed from any adjacent public street or road.

b. Authentic period materials and color or appropriate replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way.

c. Applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. 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.

d. Facilities and equipment for heating/air conditioning, trash collection and compaction, aboveground utilities and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.

e. Applicant shall guarantee permanent adherence to these standards through establishment of appropriate deed restriction(s), conservation easement(s) or other agreement(s) in a form acceptable to the Township.

A. Locational Criteria - The following resources shall be considered appropriate for designation as open space:

1. Areas of Environmental Concern

a. Floodway, Flood Fringe and Flood Prone Areas as set forth in Article 14.

b. Areas of Class I, Class II and Class III Steep Slope as setforth in Article 15.

c. Large specimen trees, woodland and forest areas and unique plants and vegetations.

d. Surface water resources such as lakes, ponds, streams, springs and wetlands.

e. Terrestrial and aquatic wildlife, habitat, especially nesting areas, wintering areas, biologically rich areas, vegetation edges and other significant natural areas and features.

f. Unique geological features such as rock outcrops, unique landforms and other topographical features.

2. Historic and cultural sites and structures land characterized by the presence of the following:

a. Residential and other structures or sites on, or candidates for, the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, or the Historic American Building Survey.

b. Sites and/or structures which may be identified as being historically or culturally significant in the Comprehensive Plan or other recognized study.

3. Prime Agricultural Soils - Class I, II and III as those terms are defined by the U.S.D.A. Soil Conservation Service regulations.

4. Lands to be used for various passive recreational opportunities and pursuits.

5. Lands relating to and adjoining the Delaware Division of the Pennsylvania Canal.

B. Special Criteria Applicable to Use of the Bonus Open Space Option.

In order to qualify for the Bonus Open Space Option, no less than sixty percent (60%) of the required minimum open space area meeting all applicable criteria herein shall comprise one or more of the following resource areas:

1. Prime Agricultural Soils - Class I, II and III as defined and mapped in the 1975 Soil Survey of Bucks and Philadelphia Counties.

2. Woodlands and hedgerows mapped in the Solebury Township Comprehensive Plan. For the purposes of this Section, the extent of area occupied by any woodland or hedgerow shall be measured from the outer-most drip line of all the trees within the woodland or hedgerow.

3. Lands adjoining and within three hundred (300) feet of.

a. the right-of-way of any road designated as scenic or very scenic in the Solebury Township Comprehensive Plan;

b. the designated boundaries of Historic Districts at villages on the National Register of Historic Places (Carversville, Phillip's Mill, Centre Bridge and Lumberville);

c. the designated boundaries of the Delaware Division of the Pennsylvania Canal National Historic Landmark.

A. When computing open space areas for purposes of determining compliance with this Article, the following shall not be counted as open space:

1. Proposed and existing street, trail and/or utility easements.

2. Active recreation areas.

3. Detention and/or retention basins.

4. Permanent areas used for retail sales of agricultural products, or areas of uses accessory thereto. This shall not include the growing areas used for Christmas tree farms, pick-your-own farms and the like.

5. Parking areas or parking lots.

6. Yards, setbacks, and minimum lot areas for existing or proposed dwelling units, may not be counted as open space areas, unless they are part of a buffer area or buffer planting strip as required in accordance with Section 1908.H.

7. No more than thirty percent (30%) of the area to be used for approved sewage disposal systems involving surface and/or subsurface land application of domestic wastewater, subject to all applicable regulations governing such disposal of wastewater.

B. No more than fifty percent (50%) of the required open space shall be comprised by floodway, flood fringe, or flood prone areas, wetlands, Class I, Class II and Class III steep slopes, individually or in combination.

C. No more than twenty percent (20%) of the area set a side as open space may be regraded or disturbed, i.e., eighty percent (80%) of the open space must be left undisturbed.

A. Minimum Contiguous Area

At least seventy-five percent (75%) of the required open space shall be contiguous. In the remaining open space area(s), no open space parcel shall be less than three (3) acres.

B. Minimum Parcel Width

The configuration, of any parcel of open space shall provide for a minimum width of two hundred fifty (250) feet.

C. Maximum Impervious Surface Coverage

The provisions of Subsection 2006.D shall apply to all open space parcels.

D. Minimum Setback

1. Any recreational or agricultural buildings or structures within the designated open space shall be located no less than one hundred (100) feet from the perimeter lot lines; and no less than fifty (50) feet from any new lot line created within a tract, except for signs, fences, walls and the like.

2. Any other structures within the designated open space shall be located no less than fifty (50) feet from the perimeter property lines; and no less than twenty-five (25) feet from any new lot line created within a tract, except for signs fences, walls and the like.

E. Maximum Length of Cul-de-Sacs or Single Access Roads On parcels which are:

1. Twenty (20) acres or less - 400 feet.

2. Twenty (20) acres to fifty (50) acres - 800 feet.

3. Greater than fifty (50) acres - 1,200 feet.

F. Area Configuration

1. The open space designated within a development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles providing a maximum of accessibility to the residents of a development area, and in accordance with Section 2012, and the Solebury Township Subdivision and Land Development Ordinance.

2. The open space designated within a development area shall be arranged so as to encompass a single land parcel or minimum number of parcels, linked by a common means of circulation and access; and it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be provided. Open space areas may be bisected by roads when approved by the Board of Supervisors.

3. When open space is available on adjacent parcels, the designated open space shall be arranged to maintain contiguity with other designated open space areas or similar areas on adjacent lands, either by direct contact or some common means of circulation and access, if possible.

4. All designated open space shall be accurately and conspicuously delineated, depicted and otherwise identified on the subject tract, and such open space shall be differentiated as to its type and area."

A. All open space shall be subject to a conservation easement which shall be held by a private conservation organization, or if there is no private conservation organization that is willing to accept the conservation easement to the Township, together with an endowment sufficient to provide for the ongoing monitoring and enforcement of the easement. The endowment and all costs of the preparation and recording of the easement and associated documentation shall be paid by the developer. The open space may be owned (subject to the aforementioned conservation easement) by:

1. The Township.

2. A Homeowners Association.

3. A Condominium Association.

4. A private conservation organization.

The following specific requirements are associated with each of the various types of ownership:

1. Dedication to the Township - The Township may, but shall not be required to, accept an offer of a deed of dedication provided that:

a. Such land is accessible to the residents of the Township.

b. There is no cost of acquisition.

c. The Township agrees to and has access to maintain such lands.

2. Homeowners Association - A non-profit Homeowners Association established pursuant to Section 201 1.C.

3. Condominium Association - The open space may be owned by a condominium association. All open space land shall be held as "common element" subject to the aforementioned conservation easement.

4. Transfer to a Private Conservation Organization With permission of the Township, the landowner or developer may transfer fee simple title to a private, nonprofit organization among whose purposes is to conserve open space land provided that:

a. The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.

b. The organization is chartered under the laws of the Commonwealth of Pennsylvania to administer deed restrictions limiting eventual disposition of such property for the purposes stated in their Articles of Incorporation.

c. The conveyance contains appropriate provisions for reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.

d. A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.

5. In the event of any proposed transfer of open space within the methods permitted in this Section, or of the assumption of maintenance of open space land by the Township as hereinafter provided, notice of such action shall be given to all affected property owners.

B. If a Homeowners Association is formed, it shall be governed according to the following regulations:

1. The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space, in a form acceptable to the Township.

2. The organization is to be organized by the landowner or developer and operating with financial subsidization by the landowner or developer, if necessary, before the sale of any lots within the development.

3. Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.

4. The members of the organization shall share equitably the costs of maintaining and developing open space, in accordance with procedures established by them. If a member fails to pay his pro-rata share, then a lien against an individual property may be made in accordance with the provisions for same in the by-laws of the organization.

5. The organization shall be responsible for insurance and taxes on open space.

6. The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Board of Supervisors.

C. In the event that the or organization established to own and maintain open space or any successor organization, shall at any time after designation fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Township may serve written notice upon such organization, or upon the residents and owners of lots within the development from which the open space was derived, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice.

1. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of the time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) day or any extension thereof, the Township or contractors acting at its direction, in order to preserve the taxable values of the properties and to prevent the open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one (1) year, at the expense of the organization. The cost of any such maintenance shall be borne by the landowner or the owners of lots within the development from which the open space was derived. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the residents and owners.

2. Before the expiration of said year, the Township shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon notice to such organization, or to the residents and owners of the project, to show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a full administrative decision subject to judicial review at the expense of a Homeowners Association, or other entity which is involved.

3. The cost of such maintenance by the Township shall be assessed ratably against the properties within the project that have a right of enjoyment of the open space. The organization's agreement shall provide that these costs may be confessed against the property. The Township, at the time of entering upon said open space for the purpose of maintenance, may confess judgment in the office of the Prothonotary of Bucks County, upon the properties affected.

D. The landowner of any subdivision or land development which is proposed to contain open space or common open space shall arrange with the Bucks County Board of Assessment when applicable, a method of assessment of the open space which will allocate to each tax parcel in the subdivision a share of the total assessment for such open space. Where this alternative is to be utilized, the method of allocation shall be approved by the Board of Supervisors.