Canopy Trees (4 inches caliper minimum)
Acer ginnala - Amur Maple
Acer platanoides - Norway Maple
Acer rubrum - Red Maple
Acer saccharum - Sugar Maple
Betula alba - European White Birch
Fagus grandifolia - American Beech
Fagus sylvatica - European Beech
Fraxinus americana - White Ash
Fraxinus pennsylvania lanceolata - Green Ash
Ginkgo biloba - Ginkgo (male only)
Gleditslia triacanthos inermis - Thornless Honey Locust
Liquidambar styraciflua - Sweet Gum
Liniodendron tulipifera - Tulip Tree
Phellondendron amurense - Amur Cork Tree
Platanus acerifolia - London Plane Tree
Quercus alba - White Oak
Quercus borealis - Red Oak
Quercus coccinea - Scarlet Oak
Quercus palustris - Pin Oak
Quercus phellos - VVhillo Oak
Robina psuedoacacia inermis - Thornless Black Locust
Sophora japonica - Japanese Pagoda tree
Tilia-Linden - all species hardy to the area
Zelkova serrata - Japanese Zelkova
Flowering Tree (4 caliper minimum)
Amelanchier canadensis - Shadblow Serviceberry
Cornus florida - Flowering Dogwood
Cornus kousa - Kousa Dogwood
Cornus mas - Comelian Cherry
Crataegus phaenopyrum - Washington Hawthorn
Koelreuteria paniculata - Golden Rain Tree
Laburnum vossi - Goldenchain
Magnolia soulangeana - Saucer Magnolia
Magnolia virginiana - Sweetbay Magnolia
Malus baccata - Siberian Crab
Malus floribunda - Japanese Flowering Crab
Malus hopa - Hopa Red-Flowering Crab
Oxydendrum aboreum - Sourwood
Pyrus calleryana Bradford - Callery Pear
Prunus kwanzan - Kwanzan Cherry
Prunus yedoenis - Yoshino Cherry
Evergreens (4 feet high minimum)
Ilex opaca - American Holly
Picea abies - Norway Spruce
Picea omorika - Serbian Spruce
Picea pungens - Colorado Spruce
Pinus nigra - White Pine
Pseudotsuga menziesii - Douglas Fir
Tsuga canadensis - Canada Hemlock
Hedge (4 feet high minimum)
Crataegus intricate - Thicket Hawthorn
Forsythia intermedia - Border Forsythia
Rhamnus frazula columnaris - Talhedge Buckhorn
Syringa chinesnsis - Chinses Lilac
Syringa vulgaris - Common Lilac
Viburnum alatus - Viburnum
Hedgerow (4 feet high minimum)
Crataegus crus-galli - Cockspur Thorn
Crataegus phaenopyrum - Washington Hawthorn
Elaeagnus angustifolia - Russian Olive
Euonymus alatus - Winged Euonymus
Viburnum sieboldii - Siebold Viburnum
Viburnum tomentosum - Doublefile Viburnum
Shrubs
1.(3 feet high minimum)
Juniperus virginiana - Upright Juniper
Phracantha lalandi - Laland Firethorn
Taxus capitata - Upright Yew
Taxus hicksi - Hicks Yew
Thuja occidentalis - American Arborvitae
2.(4 feet high minimum)
Euonymus alatus - Winged Euonymus
Hamamelis vernalis - Vernal Witch Hazel
Hamamelis virginiana - Common Witch Hazel
Ilex verticillata - VVinterberry
Rhamnus frangula - Glossy Buckhorn
Viburnum dentatum - Arrowwood Viburnum
Viburnum lanatana - Wayfaring tree Viburnum
(3) Landscape Plan. The landscaping and buffering procedure for planting and maintenance shall be outlined in a written report, which shall be presented to the Planning Commission and submitted for preliminary approval to the Board of Supervisors.
(4) General Requirements.
(a) Existing Buffer. All existing deciduous and coniferous trees larger than 2 inches in caliper and/or 6 feet in height may be considered to contribute to the definition of an existing buffer on the property. If the amount of existing plant material that size or greater equals any of the above planting requirements for reducing buffer sizes, the equivalent reduction may be taken without additional plant material being required. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer area except where clearance is required to insure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
(b) The buffer area may overlap the required front, side, or rear yards and in case of conflict, the larger area requirements shall apply.
(c) All buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the homeowners' condominium association or other group responsible for management of common open space.
(d) No structure, manufacturing or processing activity, or storage of material shall be permitted in the buffer area, unless waived by the Board of Supervisors.
(5) Plant Materials.
(a) Plant materials shall be permanently maintained and any plant material which does not live shall be replaced within 1 year of installation by the homeowners condominium association or other group responsible for management of common open space.
(b) Planting Design. It is encouraged that plant materials in buffer areas be planted in natural clusters that will give privacy but do not block views or vistas. Where external nonresidential uses abut the PRD and where the on-tract commercial site is located, dense visual screening is required.
(c) All trees shall be twice transplanted, nursery grown of specimen quality, free of insect pests and disease. They shall be of symmetrical growth or typical of the variety and supplied from sources in the same hardiness zone as the development is located. All plant materials shall conform with horticultural standards established by the American Association of Nurserymen.
(6) Residential Uses.
(a) The buffer area may be encroached upon provided that the applicant/developer demonstrates, to the satisfaction of the Planning Commission and the Board of Supervisors, that said encroachment can be mitigated by supplemental plants and screening.
(b) Where open space is required, the buffer area shall be part of the open space and not part of the lot area assigned to a dwelling unit.
N. Conservation of Trees and Natural Features.
(1) The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities.
(2) Existing trees shall be preserved wherever possible. The protection of trees of 4-inch caliper or over and of ornamentals shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
(3) Developers shall exercise care to protect remaining trees from damage during construction. The following procedures shall be followed in order to protect remaining trees:
(a) Where existing ground levels are lowered, a circular retention wall of sufficient size shall be built around the tree to maintain the old soil level. Where existing ground levels are raised, drainage tiles shall be placed at the old soil level and open into a permanent well built around the base of the tree. Such well may be left open or can be filled with coarse stones (at least 2 inches). Tiles must be installed in a radiating pattern.
(b) Trees within 25 feet of a building site or bordering entrances or exits to building sites shall be protected by wiring wooden slates or snow fencing around each tree.
(c) No boards or other material shall be nailed to trees during construction.
(d) Heavy equipment operators shall be warned to avoid damaging existing tree trunks and roots. Feeder roots shall not be cut closer than the tree drip line.
(e) Tree trunks and exposed roots that are damaged during construction shall be protected from further damage by being treated immediately in a suitable manner.
(f) Tree limbs damaged during construction shall be sawed flush to tree trunks and the tree or trunk shall be treated immediately in a suitable manner.
(g) The operation of heavy equipment over root systems of such trees shall be minimized in order to prevent soil compaction.
(h) Non-dormant trees shall be given a heavy application of fertilizer to aid in their recovery from possible damage caused by construction operations.
(i) Except for mulched vegetation matter used to prevent soil compaction, construction debris shall not be disposed of near or around the bases of such trees or foundations of houses.
O. Standards for Location, Use, Ownership, and Maintenance of Open Space. (1) Location and Use of Open Space.
(a) The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents, preserving natural features and conforming to the open space in surrounding- properties. Open space area should include both active recreation areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, land which is left as a natural area. [Ord. 5-1998]
(b) All areas designated as Floodplain Conservation Districts on the Township Zoning Map are already considered open space under existing residential zoning. Therefore, only half of the floodplain in a PRD can be used for the open space designation and to calculate the density in accordance with §27-2604.2 of this Article. [Ord. 5-1998]
(c) The designated active recreation area, which shall be at least 4% of the total PRD tract areas, shall be included within the open space. Such recreation use may include, but not be limited to, all purpose playing fields, swimming pools, tot-lots and picnic areas for residents of the development. The recreation area shall be located on land of no more than 6% grade, unless permitted otherwise by the Board of Supervisors. [Ord. 5-1998]
(d) Should it be determined by the Board of Supervisors that active recreation needs of the development residents and the general public would best be served by expanded, developer-sponsored, on-site or off- tract area facilities, the Board of Supervisors may consider a slight bonus increase in permitted density. The Board of Supervisors may also find it in the public interest to accept cash-in-lieu of recreation amenity installations on-site.
(e) The preliminary and final plans shall 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 may be used:
1) Lawn. A grass area, a maximum of 6 inches in height, with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.
2) Natural Area. An area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such. Maintenance may be minimal but shall prevent the proliferation of undesirable plants, litter, dead trees and brush shall be removed and streams kept in free-flowing conditions. Spraying of treated effluent is permitted within natural areas.
3) Recreation Area. An area designated for a specific recreational use including but not limited to tennis, swimming-, shuffle board, playfields, and totlots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall support the active use by the PRD residents.
(f) Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with this Article.
(2) Ownership and Maintenance of Open Space.
(a) Ownership. There shall be provisions which ensure that the open space land shall continue as such and be properly maintained. Any of the following methods may be used either individually or in combination to preserve, own and maintain open space: condominium, homeowners association, dedication in fee-simple, easements and transfers to a private conservation organization. Such land shall not be eligible for transfer to another party or be disposed by sale or other wise, without first offering to dedicate the same to the public. Such land may be transferred to another method of ownership permitted herein, and then only when there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
1) Condominium. The open space may be controlled through the use of condominium agreements. Such agreement shall be in conformance with the Uniform Condominium Act, 68 Pa.C. S.A. §3101 et seq. All open space land shall be held as "common element." [Ord. 2-2005]
2) Homeowners Association. The open space may be held in common ownership by a homeowners association. This method shall be subject to all of the provisions for homeowners associations set forth herein.
3) Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: a) Such land is accessible to the residents of the Township. b) There is no cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance). c) The Township agrees to and has access to maintain such lands.
4) Dedication and 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 of which is to remain in ownership by condominium or homeowners association, provided: a) Such land is accessible to the residents of the Township. b) There is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance). c) A satisfactory maintenance agreement is reached between the developer and the Township.
5) Transfer of Easements to a Private Conservation Organization. With permission of the Township, an owner may transfer easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that: a) The organization is acceptable to the Township, and a bona fide conservation organization with perpetual existence. b) The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its func- tions. c) A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(b) Specific Requirements for Homeowners Association. If a homeowners association is formed, it shall be governed according to the following regulations:
1) The developer shall provide a description of the organization including its by-laws and methods for maintaining the open space for each property owner.
2) The organization is established by the developer and 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 property owners therein and their successors.
4) The organization shall be responsible for maintenance of insurance and taxes on open space. [Ord. 5-1998]
5) The members of the organization shall share equitably the costs of maintaining and developing such open space, in accordance with the procedures established herein. [Ord. 5-1998]
6) In the event of any proposed transfer, within the methods herein permitted, of open space land by the homeowners association, 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 property owners within the planned residential development.
[Ord. 5-1998]
7) The organization shall have or hire adequate staff to administer common facilities and maintain the open space. [Ord. 51998]
8) The property owners organization may lease back open space land to the developer, his heirs, or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provided:
a) That the residents of the planned residential develop- ment shall at all times have access to the open space lands contained therein.
b) That the open space leased shall be maintained for the purposes set forth in this Article.
c) That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or the property owners organization, as the case may be. [Ord. 5-1998]
9) The lease shall be subject to the approval of the Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Delaware County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
(c) Maintenance.
1) A sanitary sewer system and/or water supply system shall be maintained by the developer, his successors or assigns as approved by the Board of Supervisors, unless the development will be served from the time the final plan is approved by a public sanitary sewer system and/or a public water supply system, and shall meet all applicable regulations of the Pennsylvania Department of Environmental Protection.
2) In the event that the organization established to won and maintain open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the open space is reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development 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 remedied 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 cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within said 30 days or any extension thereof; the Township, in order to preserve the taxable values of the properties within the planned residential development 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 1 year. 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. 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 planned residential development 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 common 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 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. [Ord. 5-1998]
3) The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the open space and shall become a tax lien on said properties. Said assessments and/or charges shall be subordinate in lien to the lien of any mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have been payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages whatsoever on such property. The Township, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Delaware County, upon the properties affected by such lien within the planned residential development. [Ord. 5-1998]
P. Development in Stages. A developer may construct a planned residential development in stages if the following criteria are met:
(1) The application for preliminary approval covers the entire planned residential development and show the location and approximate time of construction for each stage, in addition to other information required by this Article.
(2) At least 15% of the dwelling units in the plan given preliminary approval are included in the first stage and are properly connected to water supply and sanitary sewer disposal systems.
(3) At least 33% of the dwelling units in any stage are occupied before any commercial development shown in that stage shall be completed.
(4) The second and subsequent stages are completed consistent with the preliminary approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the dwelling units receiving preliminary approval.
(5) Gross residential density may be carried from stage to stage, provided, however, that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned residential development in the preliminary approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer will be required to grant an open space easement or covenant to the Township specifying the amount and, if necessary, the location of open space.
(6) Where development in stage is applied for and approved, the developer shall have completed the planting of the planting strips before approval of subsequent stages can be granted.
(Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, §504; by Ord. 5-1998, 7/1/1998, §1, 4; and by Ord. 2-2005, 7/6/2005)
