In those instances where open space is required elsewhere in this Ordinance, or when an applicant proposes the use of open space, such open space shall comply with the following:

305.1. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objec­tives:

1.         Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

2.         Protection of important historical and/or archaeological sites;

3.         Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Township.

 

4.         Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.

305.2. An essential element of the provision of open space is a written description regarding its ownership and/or disposition.  Such ownership and/or disposition shall be accomplished through one of the following:

1.         An offer of dedication to the Township.  The Township shall not be obligated to accept dedication of the common open space.

 

2.         With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organiza­tion shall be a bona fide conservation organization with a perpetual exist­ence, the conveyance must contain appropriate provision for reverter or re­transfer if the organization is unable to maintain the land, and the organiza­tion must enter into a maintenance agreement with the Township.

 

3.         The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 et seq.  If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor:

A.        Such organization shall not dispose of the common open space by sale or otherwise, except to the Township unless the Township has given prior written approval.  Such transfer shall be made only to another organization which shall maintain the common open space in accord­ance with this Ordinance.

 

B.        The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the pro­visions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.

 

C.        The Township may require the establishment of a reserve fund to pro­vide for maintenance of or capital improvements to the common open space.