[Added 9-17-1997 by Ord. No. 153; amended 3-22-2006 by Ord. No.
208]
A.
To conserve significant areas of 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 protect areas of the Township with productive agricultural
soils for continued or future agricultural use, by conserving blocks
of land large enough to allow for effective farm operations;
C.
To reduce erosion and sedimentation and facilitate
groundwater recharge by retaining existing vegetation, and minimizing
development on steep slopes;
D.
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 extent of paving
required for residential development;
E.
To provide for a diversity of lot sizes and building
densities, to accommodate a variety of age and income groups, and
residential preferences, so that the community's population diversity
may be maintained;
F.
To provide multiple options for landowners in order
to minimize impacts on environmental resources (sensitive lands such
as wetlands, floodplains, and steep slopes) and disturbance of natural
or cultural features (such as mature woodlands, hedgerows and tree
lines, fieldstone walls, critical plant and wildlife habitat, and
historic structures);
G.
To provide development options reflecting the varying
circumstances and interests of individual landowners and the individual
characteristics of their properties;
H.
To create neighborhoods with direct visual access
to open land, with amenities in the form of neighborhood open space,
and with a strong neighborhood identity;
I.
To conserve scenic views and elements of the Township's
rural character, and to minimize perceived density, by minimizing
views of new development from existing roads;
J.
To provide for the conservation and maintenance of
an interconnected network of protected open space lands within the
Township to achieve the above-mentioned goals and for active and passive
recreational use by residents;
K.
To implement adopted municipal policies to conserve
a variety of irreplaceable and environmentally sensitive resource
lands as set forth in the Worcester Township Open Space Plan, including
provisions to create a greenway system for the benefit of present
and future residents;
L.
To implement policies identified in the Worcester
Township Comprehensive Plan and Worcester Township Open Space Plan.
A.
Residential uses.
(1)
On tracts eight acres or larger, the following
three conservation subdivision options are permitted by right:
(a)
Option 1, neighborhood lots: single-family detached
dwellings with open space.
(b)
Option 2, estate lots: single-family detached
dwellings at reduced density, on larger lots and with no open space.
(c)
Option 3, country properties: single-family
detached dwellings at further reduced density, on larger lots with
no open space. Up to two accessory dwelling units shall also be permitted
in Option 3.
(2)
Proposals for conservation subdivisions on tracts (existing as of March 1, 2006) eight acres or larger involving three lots or less shall be exempt from the requirements of Subsection A(1) above.
(b)
Where development of less than the entire tract
is intended, or where the tract is intended to be developed at less
than maximum density, the Board of Supervisors may require the applicant
to file a sketch development plan for the entire parcel.
Determination of the maximum number of dwelling
units for a conservation subdivision in Option 1 shall be based upon
a yield plan, described in Subsection A below. The maximum number
of dwelling units in Options 2 and 3 shall be based on the gross tract
area and calculated as set forth in Subsections B and C below.
A.
Density in Option 1. The maximum number of dwelling
units in Option 1 shall be based on a yield plan, which shall meet
the following requirements:
(1)
Yield plans shall be prepared as conceptual layout plans in accordance with the standards of Chapter 130, Subdivision and Land Development, containing proposed lots, streets, rights-of-way, and other pertinent features. Yield plans shall be drawn to scale, but need not be based on a field survey. The layout shall be demonstrably compliant with all applicable zoning regulations and entirely feasible from an engineering standpoint, reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if not served by central sewage disposal facilities, the ability of the site to utilize on-lot, soils-based sewage disposal methods.
(2)
The yield plan shall identify the site's primary
and secondary conservation areas, as identified in the existing resources/site
analysis plan.
(3)
Sewage disposal systems. On sites not served
by central sewage disposal facilities, density shall be further determined
by evaluating the number of homes that could be supported by individual
soils-based sewage disposal methods. For the purposes of determining
density under this section, this standard shall exclude holding tanks,
individual stream discharge systems and evapotranspiration systems.
Based on the existing resources/site analysis plan and observations
made during an on-site visit of the property, the Planning Commission
or Board of Supervisors shall select a ten-percent sample of the lots
considered to be marginal for on-lot sewage disposal. The applicant
shall provide evidence that these lots meet the standards for an individual
soils-based septic system. Should any of the lots in a sample fail
to meet the standard for an individual soils-based septic system,
those lots shall be deducted from the yield plan and a second ten-percent
sample shall be selected by the municipal planning commission and
tested for compliance. This process shall be repeated until all lots
in a given sample meet the standard for an individual soils-based
septic system. The applicant shall be granted the full density determined
by the yield plan.
(4)
Yield plan dimensional standards.
(a)
(b)
Lots which front on secondary collector or primary
streets shall have a minimum lot width measured at both the building
and street lines of at least 250 feet. Flag lots shall not be permitted
along collector or primary streets.
B.
Density in Option 2. The maximum number of dwelling
units in Option 2 shall equal one dwelling unit per 160,000 square
feet of gross tract area.
C.
Density in Option 3. The maximum base density in Option
3 shall equal one principal dwelling unit per 10 acres of gross tract
area. In addition, up to two accessory dwelling units are permitted
on a lot, incidental to the primary permitted use and not conducted
as an independent principal use, provided the following regulations
are met:
(1)
The accessory dwelling unit shall be located
within the principal dwelling unit or in existing or new outbuildings
(such as barns, stables, carriage houses, garages, and spring houses)
and shall be designed to harmonize with the appearance of the principal
dwelling.
(2)
On lots less than 10 acres but at least five
acres in area, a maximum of one accessory dwelling unit is permitted.
On lots 10 acres or larger, up to two accessory dwelling units are
permitted.
(3)
The gross floor area of one accessory dwelling unit shall not exceed 1,200 square feet. The gross floor area of the other accessory dwelling unit, where permitted, shall not exceed 950 square feet. Under this section, existing historic accessory buildings more than 75 years old exceeding these floor area limits may be permitted to be used as an accessory dwelling unit, and shall not be required to meet the setback requirements set forth in § 150-110.6.
(4)
No part of an accessory dwelling unit shall
be located more than 500 linear feet from any point on the principal
dwelling, except for an existing historic accessory building.
(5)
Accessory dwellings shall not be permitted to
have an additional accessory building, such as a garage.
(6)
Building permits for new accessory dwelling
units (and use and occupancy permits for existing structures proposed
for use as accessory dwelling units) shall not be issued until the
applicant demonstrates that a restrictive covenant has been placed
on the subject property prohibiting future enlargement of the accessory
dwelling unit beyond that permitted herein. This restriction shall
also be incorporated into the building permit. Issuance of permits
for accessory dwelling units shall be contingent upon approval of
the Montgomery County Health Department for appropriate sewage disposal
systems.
D.
In Options 2 and 3, dwelling unit calculations resulting
in a fraction of 0.5 or greater shall be rounded up to the next higher
whole number and a fraction of less than 0.5 shall be rounded down
to next lower whole number.
E.
In Options 2 and 3, lots shall be permanently restricted
from future subdivision and land development by a deed restriction
enforced by the Township or by a conservation easement held by the
Township or a qualified conservation organization. The organization
and the terms and form of the easement shall be approved by the Township.
F.
Transfer of development rights. All or some of the units permitted under Subsections A, B and C above on one or more tracts may be transferred to one or more other tracts, by conditional use, provided the following conditions are met:
(1)
All tracts (whether "sending" or "receiving")
shall be owned by the same legal or equitable owner.
(2)
All tracts shall be located in the AGR Agricultural
District or the LPD Land Preservation District.
(3)
The applicant shall demonstrate that providing fewer or no units on one or more tracts and more units on one or more other tracts advances the purposes of conservation subdivision set forth in § 150-110.1 better than locating the maximum permitted number of units on each tract.
(4)
The Board of Supervisors shall determine that
one or more of the tracts is less suitable or not suitable for development
(the sending tracts) and the other tracts are suitable for higher
density development (the receiving tract), in accordance with the
goals of the Worcester Township Comprehensive Plan and Open Space
Plan.
(6)
The applicant shall enter into an agreement
with the Township specifying:
(a)
The maximum number of units permitted on each
of the tracts;
(b)
The minimum required open space on each tract, which shall meet the requirements of § 150-110.11C; and
(c)
Other conditions as applicable.
(7)
Prior to final approval of the plans for the sending or receiving tract, a deed of dedication to Worcester Township or a conservation easement running with the land and in favor of the Township or a conservation organization approved by the Township shall be established prohibiting any development of the sending tract, except as agreed in Subsection F(6) above and specifically permitted by Worcester Township, and shall be recorded in the Montgomery County Office of Recorder of Deeds. The terms and form of the deed of dedication or conservation easement shall be acceptable to Worcester Township.
A.
Option 1: Neighborhood lots:
(1)
Open space: minimum 50% of adjusted tract area,
plus constrained lands.
C.
Option 3: Country properties.
(1)
Density: maximum one principal dwelling unit
per 10 acres of gross tract area.
(2)
Accessory dwelling units. Up to two accessory dwelling units are permitted, as set forth in § 150-110.3C.
(a)
A ten-acre tract existing on January 1, 2006,
is also permitted up to two accessory dwelling units, in conformance
with § 150-110.20C. Approval of two accessory dwelling units
in addition to the principal dwelling unit shall be contingent upon
such tract being deed restricted, with enforcement by the Township,
against any further dwelling units.
(3)
Open space: no open space is required.
Minimum open space required in Option 1 shall
be determined as follows:
A.
Determine constrained lands. Constrained lands shall consist of the sum of Subsection A(1) and (2) below:
(1)
One hundred percent of floodplains, wetlands,
land continuously covered with water, riparian buffer Zone 1, land
within the legal rights-of-way of existing public streets or highways,
or within the rights-of-way for existing or proposed overhead utility
lines, and steep slopes over 25%.
(2)
Fifty percent of steep slopes 15% to 25%.
D.
Conservancy lots, containing an existing or proposed
dwelling or farm complex, may be established to provide surrounding
residents with visual access to open space land, while keeping the
land under private ownership and maintenance. A conservancy lot shall
conform to the following standards:
(1)
It shall be at least 10 acres in area.
(2)
It may occupy up to 60% of the minimum required open space, with the remainder of the required open space owned and managed in accordance with the methods permitted in § 150-110.12. This percentage may be increased to 100% if, at the discretion of the Board of Supervisors, such increase furthers the open space objectives of the Township.
(3)
A minimum area of at least one acre surrounding the dwelling or farm complex shall be set aside and shall not be counted toward the required minimum open space. The remainder of the conservancy lot shall be permanently protected open space subject to the provisions of § 150-110.12, Ownership and maintenance of open space and common facilities.
Lots shall conform with the following lot area,
width and yard requirements:
|
Option 1 Neighborhood Lots
|
Option 2 Estate Lots
|
Option 3 Country Properties
| |||
|---|---|---|---|---|---|
|
Minimum lot area
|
18,000 square feet with centralized sewer and
water
|
30,000 square feet
|
40,000 square feet
|
60,000 square feet
| |
|
Minimum lot width:
| |||||
|
At street line
|
40 feet
|
50 feet
|
100 feet
|
150 feet
| |
|
At building line
|
80 feet
|
100 feet
|
200 feet
|
300 feet
| |
|
Front yard
|
35 feet
|
50 feet
|
50 feet
|
100 feet
| |
|
Side yard
|
10 feet, 25 feet aggregate
|
15 feet, 40 feet aggregate
|
50 feet
|
100 feet
| |
|
Rear yard
|
40 feet
|
50 feet
|
50 feet
|
100 feet
| |
[Amended 10-20-2021 by Ord. No. 287]
Maximum impervious surface limitations shall
be established as follows:
|
Lot Area
|
Maximum Impervious Surface Coverage
|
|---|---|
|
18,000 to 39,999 sq. ft.
|
25%
|
|
40,000 to 49,999 sq. ft.
|
24%
|
|
50,000 to 59,999 sq. ft.
|
23%
|
|
60,000 to 69,000 sq. ft.
|
22%
|
|
70,000 to 79,999 sq. ft.
|
20%
|
|
80,000 sq. ft. — 2.99 acres
|
18%
|
|
3.00 to 3.99 acres
|
16%
|
|
4.00 to 4.99 acres
|
14%
|
|
5.00 to 5.99 acres
|
12%
|
|
6.00 to 6.99 acres
|
10%
|
|
7.00 to 7.99 acres
|
8%
|
|
8.00 to 8.99 acres
|
7%
|
|
9.00 to 13.99 acres
|
6%
|
|
14.00 or more acres
|
Not to exceed 39,500 sq. ft.
|
B.
Additional design standards for dwellings and lots.
(1)
Scenic qualities of all roads, particularly scenic roads as identified in the Worcester Township Comprehensive and Open Space Plans, shall be preserved to the greatest extent possible by effectively siting dwellings to be screened by existing topography, existing vegetation, or additional landscaping which meets the landscaping requirements of this chapter and Chapter 130, Subdivision and Land Development.
(2)
All new dwellings shall meet the following setback
requirements:
(a)
From all external road rights-of-way: 100 feet.
(b)
From other tract boundaries: 50 feet.
(c)
From cropland or pasture land: 100 feet.
(d)
From buildings or barnyards housing livestock
(including horses): 300 feet.
(e)
From active recreation areas such as courts
or playing fields (not including tot lots): 150 feet.
(3)
Lots shall, to the maximum extent possible,
be accessed from interior streets, rather than from roads bordering
the tract.
(4)
At least 75% of the lots shall directly face
conservancy lots or common open space land or face such land across
a street.
The following uses shall be permitted within
the open space in Option 1 developments:
A.
Conservation of open land in its natural state (e.g.,
woodland, fallow field, or managed meadow);
B.
Nonintensive agricultural and horticultural uses,
including boarding of horses, raising crops or livestock, wholesale
nurseries excluding a retail sales center, tree farm excluding Christmas
tree retail sales. New buildings and structures are not permitted,
with the exception of fences and shelters for animals not exceeding
300 square feet in floor area. Related existing agricultural residences
and other existing associated buildings and structures may be located
on the same lot as the agricultural uses, but the footprint of the
residential building shall not be counted towards the minimum required
open space. Agricultural uses specifically excluded are intensive
agricultural uses and commercial livestock operations involving swine,
poultry, mink, and other animals likely to produce highly offensive
odors.
C.
Pasture land for horses used solely for recreational
purposes. Equestrian facilities, such as corrals, paddocks and riding
rings, but excluding new buildings, shall be permitted, but shall
not occupy more than half of the minimum required open space.
D.
Neighborhood open space uses such as common greens,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses, but specifically excluding motorized off-road vehicle
uses, shooting ranges, and other uses similar in character and potential
impact as determined by the Board of Supervisors.
E.
Active noncommercial recreation areas, such as playing
fields, playgrounds, courts, and bikeways, provided:
F.
Water supply and (if specifically permitted by the
Board of Supervisors upon demonstration of no reasonable engineering
alternative) in-ground sewage disposal systems (including individual
off-lot systems), designed, landscaped, protected and permanently
memorialized in recorded easement/maintenance agreements approved
by the Township Solicitor.
G.
Naturalized stormwater recharge areas designed, landscaped,
and available as an integral part of the open space system and capable
of being used or enjoyed (e.g., a scenic feature, open meadow) by
the residents of the development or Township, as determined by the
Board of Supervisors.
H.
Easements for drainage, access, sewer or water lines,
or other public uses.
I.
Underground utility rights-of-way. (Aboveground utility
and road rights-of-way may traverse open space and conservation areas,
but shall not count towards the minimum required open space.)
The location and configuration of proposed open space shall be based upon the guidelines and review standards outlined in §§ 130-15.1 and 130-15.2 of Chapter 130, Subdivision and Land Development. In addition, the open space shall meet the following design standards:
A.
Open space shall be laid out in general accordance
with the intent to provide an interconnected network of open space
across the development site, and ultimately across the Township. All
primary conservation areas shall be included in the open space.
B.
The required open space shall be owned and maintained as permitted in § 150-110.12.
C.
At least 30% of the adjusted tract area shall be available
for the common use and passive enjoyment of the residents of the development,
or Township residents if applicable, except where the primary purpose
of the open space is for agricultural purposes.
D.
Buffers for adjacent public parkland.
(1)
Where the proposed development adjoins public
parkland, a natural buffer of at least 150 feet in depth 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 understory growth be permitted, except
as may be necessary for street or trail construction, or stewardship
of the buffer area.
(2)
Where the required buffer is unwooded, the Board
of Supervisors may 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 plant species.
(3)
Proposed maintenance of the parkland buffer shall be included in the open space management plan required in § 150-110.12C.
E.
No portion of any building lot may be used to meet the minimum open space requirement, except in the form of conservancy lots as permitted in § 150-110.5D.
F.
Pedestrian and maintenance access to open space, excluding
those lands used for agricultural or horticultural purposes, shall
be provided in accordance with the following requirements:
A.
Permanent protection of open space in Option 1.
(1)
Open space created under Option 1 shall be permanently restricted from future subdivision and land development by one or more of the methods permitted in Subsection B below. Except as otherwise specified in this section, development shall not be permitted in the open space at any time.
(2)
Where disturbance of open space is proposed,
the determination of necessity for such disturbance shall lie with
the Board of Supervisors. Disturbance shall be kept to the minimum
necessary.
B.
Ownership options for open space and other common
facilities. Subject to permanent conservation restrictions, the following
methods may be used, either individually or in combination, to own
open space and other common facilities. 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 total approved amount of common open space ratio
in the overall development.
(1)
Fee simple dedication to the Township.
(a)
The Township may, but shall not be required
to, accept dedication in the form of fee simple ownership of designated
open space land. There shall be no cost to the Township for acceptance
of such dedication.
(b)
Where the Township accepts dedication of open
space land that contains improvements, the Board of Supervisors may
require the posting of financial security in the amount of 15% of
the cost of the improvements to ensure structural integrity of said
improvements as well as the functioning of said improvements for a
term not to exceed 18 months from the date of acceptance of dedication.
(2)
Condominium ownership. The designated open space
land and associated facilities may be held in common by the unit owners
as a condominium, the documents for which shall be approved by the
Board of Supervisors. Such condominium documents shall be in conformance
with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All common open space land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of § 150-110.12B(3) below. Condominium documents shall be recorded with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium documents with sufficient detail to demonstrate feasible compliance with this section.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(3)
Homeowners' association. The open space and
associated facilities may be held in common ownership by a homeowners'
association. The association shall be formed and operated under the
following provisions:
(a)
The applicant shall provide the Township with
a description of the association, proof of incorporation of the association,
a copy of its bylaws, and satisfactory proof of adoption thereof,
a copy of the declaration of covenants, easements or restrictions
or similar document(s) regulating the use of the property and setting
forth methods for maintaining the open space.
(b)
The association shall be organized by the owner
or applicant and operated with financial subsidization from the owner
or applicant before the sale of any lots within the development.
(c)
Membership in the association shall be mandatory
for all purchasers of homes therein and their successors, heirs and
assigns. The conditions and timing of transferring control of the
association from developer to the homeowners shall be identified.
(d)
The association shall be responsible for maintenance
and insurance on open space and other common facilities owned by the
association, enforceable by liens placed by the homeowners' association.
Maintenance obligations also may be enforced by the Township, which
may place liens against the homes of the individual members of the
association to recover its costs.
(e)
The members of the association shall share equitably
the costs of maintaining open space owned by the association. Shares
shall be defined within the association bylaws or declaration. Association
dues shall be structured to provide for both annual operating costs
and to cover projected long-range costs relating to the repair of
any capital facilities, which shall be deposited in a fund reserved
for such purposes.
(f)
In the event of a proposed transfer, within
the methods here permitted, of open space by the homeowners' association,
or of the assumption of maintenance of such land by the Township,
notice of such action shall be given to all members of the association
no less than 30 days prior to such event.
(g)
The association shall have or hire adequate
personnel to administer common facilities and to properly and continually
maintain the open space.
(h)
The homeowners' association may lease open space
lands to any qualified person or corporation, or to the Township.
Such lease shall include operation and maintenance of such lands,
and such a lease agreement shall provide:
[1]
That the open space lands to be
leased shall be maintained for the purposes set forth in this chapter;
and
[2]
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 homeowners' association, as the case may be.
(i)
The lease referred to in Subsection B(3)(h), above, 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 of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Montgomery County, Pennsylvania within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
(j)
Homeowners' association documents shall be approved
by the Township, demonstrate compliance with the provisions herein,
and shall be recorded with the final subdivision and land development
plans. Proof of recording thereof shall be provided to the Township
prior to the issuance of any building permits for the property. At
the time of preliminary plan submission, the applicant shall provide
draft homeowners' association documentation with sufficient detail
to demonstrate feasible compliance with this section.
(4)
Private conservation organization or Montgomery
County, Pennsylvania. With the permission of the Township, an owner
or applicant may transfer either fee-simple title of the open space
or conservation easements on the open space to a private, nonprofit
conservation organization recognized by the Township, among whose
primary purposes it is to conserve open space and/or natural resources,
or to Montgomery County, Pennsylvania, provided that:
(a)
The organization is acceptable to the Board
of Supervisors, and is 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
or Montgomery County, Pennsylvania, becomes unwilling or unable to
continue carrying out its functions;
(c)
The open space is permanently restricted against
future development through a conservation easement and the Township
is included in the easement as an entity entitled to enforce these
restrictions; and
(d)
A maintenance agreement acceptable to the Board
of Supervisors is entered into by the owner and the organization or
Montgomery County.
(5)
Dedication of easements to the Township. The
Township may, but shall not be required to, accept easements for public
use of any portion or portions of designated open space land. In such
cases, the open space 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:
(6)
Noncommon private ownership of open space. Up to 60% of the required open space may be included within one or more privately owned conservancy lots of at least 10 acres each. This percentage may be increased up to 100% if, at the discretion of the Board of Supervisors, such increase furthers the open space objectives of the Township. Such open space shall be permanently restricted from future development through a conservation easement, except for those uses listed in § 150-110.10A through C and § 150-110.10G through I, and the Township shall have the authority to enforce the restrictions.
C.
Maintenance of open space and common facilities. Unless
otherwise agreed to by the Board of Supervisors, the cost and responsibility
of maintaining common facilities and open space shall be borne by
the property owner, condominium association, homeowners' association,
or conservation organization as outlined below.
(1)
Required open space management plan. The applicant
shall provide a plan for the long term management of the open space
which is to be created as part of the development, including maintenance
and management of any wastewater disposal, water supply, stormwater
management or any other common facilities which may be located within
areas of designated open space.
(a)
Open space management plan information. Such
a plan shall include a narrative discussion of the following items:
[1]
The manner in which the designated
open space and any facilities included therein will be owned and by
whom it will be managed and maintained;
[2]
The conservation, land management
and agricultural techniques and practices which will be used to conserve
and perpetually protect the designated open space, including conservation
plan(s) approved by the Montgomery County Conservation District where
applicable;
[3]
The professional and personnel
resources that will be necessary in order to maintain and manage the
property;
[4]
The nature of public or private
access that is planned for the designated open space; and
[5]
The source of funds that will be
available for such management, preservation and maintenance on a perpetual
basis.
[6]
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 after
project completion.
(b)
At the time of preliminary plan submission,
the applicant shall provide a draft open space management plan with
sufficient detail to demonstrate feasible compliance with the provisions
required under this section.
(c)
The management plan shall be recorded with the
final subdivision and land development plans in the Office of the
Recorder of Deeds of Montgomery County, Pennsylvania.
(d)
The Board of Supervisors may require as a condition
of subdivision and/or land development approval that appropriate management
contracts be established as evidence of the ability to adhere to the
provisions of the approved management plan.
(e)
In order to allow for the changing needs inherent
in the perpetual management of land, the management plan shall contain
a provision to the effect that it may be changed by written application
to the Board of Supervisors. Approval of such application by the Board
of Supervisors shall not be unreasonably withheld or delayed, so long
as:
[1]
The proposed change is feasible
and is consistent with the purposes of preservation of open space
set forth in this section and with the approved subdivision and land
development plans; and
[2]
The plan for such change avoids
a likelihood of the obligation for management and maintenance of the
land falling upon the Township without the consent of the Board of
Supervisors.
(2)
Failure to maintain facilities and corrective
action.
(a)
Upon default by any owner, homeowners' association,
conservation organization, or other entity responsible for maintenance
of open space and/or associated common facilities, where such maintenance
is required under the terms of the open space management plan, homeowners'
association or condominium documents, any subdivision and/or land
development plan for the property, the zoning approval for the property,
or under any applicable requirements of any Township ordinances, permits
or approvals, or where such maintenance is otherwise necessary to
abate a nuisance, emergency, hazard or other condition threatening
persons or property or the public health, safety or welfare, the Township
may, but shall not be obligated, to take the following actions:
[1]
Upon 30 days advance written notice
to the person, association or entity responsible for such maintenance
(or any such lesser period as may be specified in the notice in instances
of emergency) and the failure of the responsible individual, entity
or association within such thirty-day period (or such lesser period
in the event of an emergency) to perform the necessary maintenance
and otherwise remedy the condition set forth in the Township's notice,
to enter upon the open space, accessing the same through any other
lands of such entity, association or individual as may be necessary,
to perform such maintenance and take any other action necessary to
correct the default in the Township's notice.
[2]
Any and all costs incurred by the
Township in connection with such notice and maintenance shall be paid
by the responsible individual, entity or association within 10 days
after written demand by the Township. Upon failure of the responsible
entity, association or individual to pay such costs by the time required,
there shall be added thereto interest at the rate of 15% per annum
as well as all costs incurred by the Township in collection thereof.
[a]
All such costs of maintenance,
remediation, notices, and collection, including court costs and attorney's
fees, shall constitute a municipal lien and be enforceable as such
against the responsible entity, individual or association.
[b]
Such lien shall be filed by the
Township in the office of the Prothonotary of Montgomery County, Pennsylvania.
D.
Open space performance bond. Where intended as common or public amenities, all landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer. Financial security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter 130, Subdivision and Land Development.
