C. Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Subdivision and Land Development Ordinance. On unwooded sites, houses should be oriented so that rear facades are not visible from township roads or state highways bordering the property.
D. House lots shall be accessed from interior streets not from roads bordering the tract.
E. At least three-quarters (75%) of the lots shall directly abut conservation land or Greenspace Land (or face it) across a street except that in Option 5 and 6 - Hamlets and Villages this fraction shall be one half (50%).
F. Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the Greenspace Land created under this Article are contained in Sections 1306 through 1309 of this Ordinance.
Protected Greenspace Land in all subdivisions shall meet the following standards:
A. Uses Permitted on Greenspace Lands
The following uses are permitted on Greenspace Lands:
1. Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
2. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, plus residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
3. Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 70 percent of the minimum required Greenspace Land. Pastures for horses, cows, sheep, llamas, vicunas, and alpacas shall be fenced to prevent livestock from entering streams or creeks, except in specific locations where crossings are necessary.
4. Silviculture, in keeping with established standards for selective harvesting and sustained yield forestry, with operations conducted according to a forest management plan prepared by a professional forester.
5. Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact.
6. Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required Greenspace Land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties, nor shall they be illuminated for night activities. Parking facilities for the same shall also be permitted, and they shall be gravel-surfaced, unlighted, property drained, provide safe ingress and egress, and contain no more than ten parking spaces.
7. Golf courses may comprise up to half of the minimum required Greenspace Land, but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the 50 percent minimum Greenspace requirement; their parking and access ways may be paved and lighted.
8. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the Greenspace.
9. Easements for drainage, access, sewer or water lines, or other public purposes;
10. Underground utility rights-of-way. Above-ground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required Greenspace Land.
B. Greenspace Design Standards
1. Greenspace Lands shall be laid out to ensure that an interconnected network of open space will be provided. The required Greenspace Land consists of a mixture of Primary Conservation Areas (PCAs), all of which must be included, and Secondary Conservation Areas (SCAs). PCAs comprise those areas listed in Section 1304-C as being subtracted from the total parcel acreage to produce the "Adjusted Tract Acreage". SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are fisted and described in Section 703A (Greenspace Design Review Standards) in the Subdivision and Land Development Ordinance.
2. In Option 1 and 2 subdivisions, the Greenspace Land comprises a minimum of 50% and 60% of the Adjusted Tract Acreage respectively. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, or the London Britain Township Land Trust. These ownership options may be combined so that different parts of the Greenspace Land may be owned by different entities. However, all Greenspace Land shall be encumbered with an easement to the London Britain Township Land Trust, for the purpose of retaining the intended use in perpetuity. .
3. Greenspace Lands in Option 3 "Country Property" subdivisions may be wholly contained within one or more of the "Country Properties", or up to 80 percent of the total tract acreage may be designated as undivided land with common rights of usage among the subdivision residents.
4. Up to five percent of the total tract acreage in any of the options may be subject to the Township's public land dedication requirement (typically to provide potential connections with the municipal long-range trail network).
5. Buffers for Adjacent Public Parkland: Where the proposed development adjoins public parkland, a natural Greenspace buffer at least one-hundred-fifty (150) feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or under-story growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board shall require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
6. Non-common Greenway Lands are specifically encouraged, with traditional rural uses such as agriculture, silviculture, equestrian facilities, and gentlemen's farms comprising the majority of the protected open space.
C. Other Requirements
1. No portion of any building lot may be used for meeting the minimum required Greenspace Land, except as permitted within Country Properties (or within "conservancy lots" of at least 10 acres, designed as an integral part of Option 5 and 6 Hamlets and Villages). However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required Greenspace Land.
2. Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with Section 1303 herein, shall be provided to Greenspace Land in accordance with the following requirements:
a. Each neighborhood shall provide one centrally located access point for the first 25 dwellings, plus an additional access point for every 25 additional dwellings thereafter, a minimum of thirty-five (35) feet in width.
b. Access to Greenspace Land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
3. All Greenspace Lands that are not wooded or farmed or which are in meadow usage shall be landscaped in accordance with the landscaping requirements of the Subdivision and Land Development Ordinance, and in accordance with a Conservation Land Management Plan approved by the Board.
A. In Option 1, 2A 5 and 6 Subdivisions
1. In Option 1, 2, 4, 5, and 6 subdivisions, the Greenspace Land that is required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities. The determination of necessity shall lie with the Board. A list of permitted and conditional uses of Greenspace Lands is contained in this Article in Sections 1303 and 1306.
B.In Option 3 Subdivisions (Country Properties)
1. In Option 3 subdivisions (Country Properties") where applicants voluntarily opt to develop their properties at densities conforming with Option 3 standards (minimum ten acres per principle dwelling), and voluntarily offer to place a restrictive conservation easement preventing future subdivision of the newly created parcels, the Governing body shall review the proposed easements and shall accept them, provided their wording accomplishes the purposes of this Ordinance and is consistent with the Comprehensive Plan and the Open Space, Recreation, and Environmental Resources Plan.
Additional density may be allowed by the Board when one of the following public benefits is proposed:
A. Public Usage of Greenspace Land
1. The Board may encourage the dedication of land for public use (including active and passive recreation areas, spray irrigation areas, subsurface absorption fields, municipal buildings, etc.) according to the following standards: A density bonus for greater public usage of Greenspace Land in new subdivisions shall be computed on the basis of a maximum of two dwelling units per five acres of Greenspace Land that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate Greenspace Land to public usage within a proposed subdivision shall be at the discretion of the Board, which shall be guided by the recommendations contained in the Open Space, Recreation, and Environmental Resources Plan, particularly those sections dealing with active recreational facilities and passive trail networks.
B. Endowment For Greenspace Maintenance
1. The Board may allow up to a ten percent density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the Greenspace Land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of five percent, and accounting for inflation over the long term, the amount designated for the Endowment Fund shall be at least fifty (50) times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board, and with experience in managing conservation land and recreational facilities.
2. Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the Greenspace Maintenance Endowment Fund for the Greenspace Lands within the subdivision, at the time the endowment lot(s) is (are) sold. This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities (such as a homeowners' association, the London Britain Land Trust, or the Township), at the time this designated entity is created.
3 . When estimating the projected maintenance costs of the Greenspace Land, it is not necessary to include Greenspace Land that is not accessible by the subdivision residents for their common enjoyment. Such lands would typically include areas designated on the Final Plan for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
C. Provision of Affordable Housing
1. A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income families. When off-site housing provision is proposed, the Board shall require evidence that these units will in fact be constructed by a certain date. The amount of density increase shall be based on the following standard: For each affordable housing unit provided under this section, one additional building lot or dwelling unit shall be permitted, up to a maximum 15 percent increase in dwelling units. Affordable housing is herein defined as units sold or rented to families earning 70 to 120 percent of the county median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development.
D. Implementation
These density bonuses may be implemented by reducing the amount of required Greenspace Land by up to 10%, and/or reducing the minimum lot area requirements by up to 10%.
Facilities
A. All Greenspace Land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the Greenspace Land at any time, except for those uses listed in Section 1306.
B. Ownership Options
The following methods may be used, either individually or in combination, to own common facilities; however, Greenspace Land shall be initially offered for dedication to the London Britain Township Land Trust or the Township. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change 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 London Britain Township Land Trust or the Township. The London Britain Township Land Trust or the Township may, but shall not be required to, accept any portion of the common facilities, provided that:
a. There is no cost of acquisition to London Britain Township Land Trust or the Township; and,
b. The London Britain Township Land Trust or 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" and be restricted by easement to the London Britain Township Land Trust.
3. Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes (such as the Uniform Planned Community Act of 1977). In addition, the following regulations shall be met:
a. The land shall be restricted by easement to the London Britain Township Land Trust.
b. The applicant shall provide the Township with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities. The London Britain Land Trust shall review all draft Association agreements and land management plans and shall advise the Board with its recommendations.
c. 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. .
d. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
e. The association shall be responsible for maintenance and insurance of common facilities.
f. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
g. 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 London Britain Township Land Trust no less than thirty days prior to such event. The Township shall have the right of first refusal. A three- quarters majority vote of all current living property owners shall be required in the by- laws for the Association to legally transfer any of its common facilities to another ownership entity. .
h. The association shall have adequate staff to administer, maintain, and operate such common facilities.
4. Private Conservation Organization. With permission of the London Britain Township Land Trust and the Township, an owner may transfer either fee simple tide of the open space or easements on the open space to a private non-profit conservation organization provided that:
a. The conservation organization is acceptable to the Township and is a bonafide conservation organization intended to exist indefinitely;
b. The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
c. The Greenspace Land is permanently restricted from future development through a conservation easement and the Township or the London Britain Township Land Trust is given the ability to enforce these restrictions; and,
d. A maintenance agreement acceptable to the Township and the London Britain Township Land Trust is established between the owner and the organization.
5. Dedication of Easements to the London Britain Township Land Trust. The London Britain Township Land Trust may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association or homeowners' association while the easements are held by the Land Trust. In addition, the following regulations shall apply: .
a. There shall be no cost of acquisition to the Township or to the Land Trust.
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 London Britain Township Land Trust.
6. Non-Common Private Ownership. Up to 80 percent of the required Greenspace Land may be included within one or more large "conservancy lots" of at least 10 acres provided the Greenspace Land is permanently restricted from future development through a conservation easement, except for those uses listed in Section 1306, and that the Township and the Land Trust is given the ability to enforce these restrictions.
C. Maintenance
Unless otherwise agreed to by the Board, the cost and responsibility of maintaining common facilities and Greenspace 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 of Greenspace Lands and Operation of Common Facilities in accordance with the following requirements. (This Plan may be based on the model prepared for Lower Merion Township, Montgomery County, by the Natural Lands Trust, which has been routinely adopted by developers of conservation subdivisions in that community).
a. The Plan shall define ownership;
b. The Plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
c. The Plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the Greenspace Land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular 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; and,
e. Any changes to the maintenance plan shall be approved by the Board, which shall receive the written recommendation of the London Britain Township Land Trust.
2. In the event that the organization established to maintain the Greenspace Lands and the common facilities, or any successor organization thereto, fads to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
3. The Township may enter the premises and take corrective action, including extended maintenance. 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' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Chester County.
