[Ord. 147, 8/11/2008, § 1400; as amended by Ord.
172, 2/14/2011, § VII]
1.
Nothing in this section shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the Subdivision and Land Development Ordinance [Chapter 22], or other applicable ordinances.
2.
The requirements of this section and the standards for specific types
of conditional uses found elsewhere in this chapter shall be deemed
an element of the definition under which a conditional use permit
may be granted. The failure of the applicant to demonstrate compliance
with these requirements, at the discretion of the Board of Supervisors,
can be deemed either a basis for establishing conditions or limitations
on an approval or the basis for a denial of a conditional use application.
3.
General Requirements.
A.
An application for a conditional use shall be filed with the Township
and presented to the Board of Supervisors and shall state the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property to be affected
by the proposed conditional use application.
(3)
Evidence of authorization to act on behalf of the property owner(s)
where the applicant is other than a legal or equitable owner of the
property.
(4)
A description and location of the property on which the conditional
use is proposed.
(5)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(6)
A statement of the section(s) of this chapter that authorizes
the conditional use and the standards and other requirements for the
design of said conditional use.
(7)
A narrative description of the site's suitability for the proposed
use or development.
(8)
An accurate description of the proposed improvements, additions,
uses and development proposed to be made under the application indicating
the size of such proposed improvements and additions and the materials
and general construction thereof. In addition there shall be attached
a plot plan of the property in question, indicating the location and
size of the improvements now erected thereon, the location and size
of the improvements proposed to be erected thereon and the location
of the proposed uses and development.
(9)
A narrative description of the proposed use or developments
consistency with the purposes and objectives of the Comprehensive
Plan.
(10)
A narrative description of the proposed use or developments
consistency with the character of the surrounding uses and the Township
in general.
B.
An application for a conditional use shall be filed with the Township
on such forms as may be prescribed for such purpose and shall be accompanied
by the application fee, as adopted by resolution of the Board of Supervisors
from time to time. No application shall be received for filing unless
accompanied by the required fee.
4.
Procedures.
A.
Upon receipt of a complete application for conditional use approval per Subsection 3, above, the Township shall submit the application for recommendation to the Planning Commission. Upon receipt of the application, the Planning Commission shall review the conditional use request with the applicant at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission. In either case, such review shall take place within 45 days of submittal to the Planning Commission, including the forwarding of any recommendations to the Board of Supervisors. The Planning Commission may extend its period of deliberation beyond 45 days upon written authorization by the applicant. If the Planning Commission does not transmit its recommendations to the Board of Supervisors by the date set by the Board of Supervisors for public hearing for consideration of the conditional use application, the Board of Supervisors shall proceed to consider such application without the recommendation of the Planning Commission. Should the applicant submit new or revised plans for development under the application for conditional use approval during the period of review by the Planning Commission, the forty-five-day review period shall start anew and prior plans shall be deemed withdrawn.
B.
After review by the Planning Commission, the Board of Supervisors
shall hold a public hearing on the conditional use application in
accordance with the following procedures:
(1)
Notice of the hearing shall be given to the public by publication
in a newspaper of general circulation in the Township in accordance
with the requirements for public notice established in the Municipalities
Planning Code. Abutting property owners shall be notified in writing
no less than 20 days prior to the scheduled hearing. Additionally,
like notice thereof shall be given to the applicant, the Zoning Officer,
and to any person who has made timely written request for same. Notice
of the hearing shall be conspicuously posted on the affected tract
of land at least one week prior to the date of the hearing. The failure
of any person or entity to receive notice given pursuant to this section
shall not constitute grounds for any court to invalidate the actions
of the Township for which the notice was given. The Board of Supervisors
shall conduct its first hearing on the application within 60 days
from the date the application is filed with the Township, and said
hearing shall be completed within 100 days after the completion of
the applicant's case in chief, unless extended by written authorization
from the applicant. The hearing may be conducted by the Board of Supervisors,
a member of the Board of Supervisors, or an independent attorney appointed
by the Board of Supervisors.
(2)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board of Supervisors and any other person, including civic
or community organizations, permitted to appear by the Board of Supervisors.
The Board of Supervisors shall have the power to require that all
persons who wish to be considered parties submit written requests
on such forms as the Board of Supervisors may provide for that purpose.
(3)
The Chairman or Acting Chairman of the Board of Supervisors
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
(4)
Formal rules of evidence shall not apply but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a record of the hearing
proceedings. Copies of the stenographic or graphic material received
in evidence shall be made available to the Township at no cost thereto,
and to any party at cost.
(6)
The Board of Supervisors shall render a written decision within
45 days after the last hearing before the Board of Supervisors. Where
the application is contested or denied, the decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons for the final decision.
(7)
A copy of the final decision shall be delivered to the applicant
and the parties before the Board of Supervisors personally or mailed
to them not later than the day following the date of the decision.
(8)
Appeals from a determination of the Board of Supervisors pursuant
to any application for a conditional use shall be only as prescribed
and within such times permitted by the applicable provisions of the
Municipalities Planning Code.
C.
In granting conditional use approval, where such use is authorized
under this chapter, the Board of Supervisors may also attach such
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of the
Municipalities Planning Code and this chapter. Conditional uses shall
be subject to compliance with the particular standards contained in
this chapter and criteria defined in the application review process.
The standards described shall be deemed additional and shall in no
way impair any other applicable standard from this chapter or any
other Township ordinance. The applicant shall be responsible for demonstrating
compliance with all standards and criteria required for conditional
use approval. The conditions of approval may include, but need not
be limited to:
D.
The applicant shall have the burden to prove by a preponderance of
the evidence that the proposed use will comply in all respects with
this chapter and other applicable Township ordinances, and county,
state or federal legislation. The Board of Supervisors may retain
such consultants as necessary to review and certify the accuracy of
submitted plans and documents, the reasonable and necessary charges
for which shall be borne by the applicant. When the applicant does
not provide information as required, then it shall be presumed that
the proposed use is not in accordance with the requirements applicable
for the granting of conditional use approval.
E.
Any grant of conditional use approval shall be deemed null and void
24 months from the date of such approval if, within that period, no
application is made for a building permit, or subdivision or land
development approval, as appropriate, unless so extended by the Board
of Supervisors.
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Any request to extend the twenty-four-month expiration period
shall be properly filed with the Zoning Officer 30 days in advance
of the expiration date. The request shall include the reason why the
extension is required, a reasonable estimate of the time needed to
obtain the necessary approvals, and a qualified statement that there
has been no change in the conditional use application or the neighborhood
in which the property is located. Failure to diligently pursue necessary
approvals shall not be grounds for an extension. The Board of Supervisors
may grant up to one additional twenty-four-month extension provided
a reasonable argument is presented. No more than one such extension
shall be granted per conditional use approval.
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[Ord. 147, 8/11/2008, § 1401; as amended by Ord.
205, 12/14/2015, § XXXVIII]
1.
In addition to the requirements and procedures established in § 27-1401, herein, the following requirements shall be applicable to conditional uses as specified in this chapter:
A.
Ownership. The tract of land under application for a conditional
use approval shall be in single ownership, or shall be the subject
of an application filed jointly by the owners of the entire tract,
and shall be under unified control. If the ownership of the entire
tract is held by more than a single person or entity, the application
shall identify and be filed on behalf of all of the owners. Approval
of the plan shall be conditioned upon agreement by the applicant or
applicants that the tract shall be developed under single direction
in accordance with the approved plan. No site preparation or construction
shall be permitted other than in accordance with the approved plan.
If ownership of all or any portion of the tract changes subsequent
to approval of the plan, no site preparation or construction by such
new owner or owners shall be permitted unless and until such owner
or owners shall review the terms and obligations of the approved plan
and agree in writing to be bound thereby with respect to development
of the tract.
B.
Sewer and Water Facilities. The applicant shall demonstrate evidence of adequate water supply and sewage disposal capability. The tract of land shall be served by a water supply system and a sewage system deemed acceptable by the Board of Supervisors upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with §§ 22-421 and 22-422 of the Subdivision and Land Development Ordinance [Chapter 22] and the East Coventry Township Sewage Facilities (Act 537) Plan.
C.
Development Stages and Permits. The development of a tract carried
out in either a single phase or in stages shall be executed in accordance
with a development agreement. The owner, developer, and Township shall
enter into said agreement embodying all details regarding compliance
with this chapter to assure the binding nature thereof on the overall
tract and its development, which agreement shall be recorded with
the final development plan.
D.
Stormwater Management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract, shall be accomplished in accordance with the provisions of Chapter 9, "Grading and Excavating," Part 1, "Stormwater Management," of the East Coventry Township Code of Ordinances.
E.
Covenants and Restrictions. The language, terms and conditions of
any proposed covenants or restrictions shall be subject to review
and recommendation by the Township Solicitor.
F.
Conditional Use Development and Landscape Plans.
(1)
The application for conditional use approval shall be accompanied
by a unified, overall site plan covering the entire tract, regardless
of any intended phasing of development. The plan shall be prepared
with sufficient detail to adequately illustrate the proposed development
uses and non-development uses of the tract, including (where appropriate),
reserve areas for possible future expansion; coordinated internal
and external vehicular and pedestrian circulation; well related, convenient
and efficient parking and loading areas; agreeable surroundings that
provide comfort, safety, and convenience for prospective residents,
customers, and/or workers; and high quality design in terms of building
relationship, facade treatment, signage, lighting, landscaped and
planted buffers and screens, as well as other natural and constructed
amenities in furtherance of the comprehensive planning objectives
of the Township.
G.
Natural and Cultural Resources Analysis. The applicant shall provide
an inventory of the tract's natural features and systems, cultural
resources, and visual amenities that may be impacted by the proposed
conditional use. The inventory shall be prepared in graphic (at a
scale of one inch equals 100 feet) and narrative form on the site
or in such proximity as to be affected by the proposed conditional
use:
(1)
Surface waters.
(2)
Natural drainage patterns, including swales, intermittent streams,
etc.
(4)
Wetlands under the jurisdiction of the Pennsylvania Department
of Environmental Protection or the U.S. Army Corps of Engineers.
(5)
Soils with seasonably high water table.
(6)
Soils with shallow depth to bedrock.
(7)
Geologic formations, particularly in relation to areas of groundwater
recharge.
(8)
Biotic resources as mapped and described in the Open Space,
Recreation, and Environmental Resources Plan, and patterns of vegetation,
including tree masses, rare or extraordinary individual species, any
tree of eight inches or greater DBH and areas serving as habitat for
wildlife (species of wildlife dependent upon the site for habitat
shall be identified).
(9)
Scenic resources as mapped and described in the Open Space,
Recreation, and Environmental Resources Plan, and any other visual
amenities of the site (e.g., topography, vegetation, water) considered
unique, scenic, and/or that should be incorporated into the design
of any future use.
(10)
Sites and structures of historical or cultural significance
including, but not limited to, those sites recorded in the Open Space,
Recreation and Environmental Resources Plan, the Comprehensive Plan,
the Historic Resources Inventory, and the Chester County Historic
Sites Survey of 1982.
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The applicant shall indicate how any or all of the inventoried
resources will be affected by the proposed development, and shall
describe mitigating measures to be employed in addressing these impacts.
The development impacts and the proposed mitigating measures shall
be described in narrative form, and their locations on the site and
beyond shall be mapped at a scale of one inch equals 100 feet.
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H.
Traffic Analysis. The Board of Supervisors, at its sole discretion,
may require the applicant to provide traffic studies demonstrating
feasible compliance with the objectives of this chapter and the Comprehensive
Plan. Such studies shall estimate traffic volumes, turning movements,
and levels of service at intersections, and potentially unsafe conditions
existing prior to development as well as may be reasonably expected
to occur after proposed development and shall suggest action(s) to
mitigate any anticipated reduction of level of service or other negative
impact to traffic conditions resulting from development as proposed.
In addition the Township shall engage its traffic engineer to review
such traffic analyses provided by the applicant and to conduct traffic
studies as the traffic engineer may deem necessary. The applicant
shall reimburse the Township for such traffic analyses as may be conducted
by the Township's traffic engineer. In granting conditional use approval,
the Board of Supervisors may attach conditions requiring specific
improvements to provide for safe and convenient access for residents,
visitors, employees, and emergency service personnel and vehicles.
I.
Fiscal Impact Assessment. The Board of Supervisors, at its sole discretion,
may require the applicant to provide an assessment of the economic
and fiscal impacts that will result from the proposed development.
The assessment shall include a profile of the Township, county and
school district revenues to be generated by the proposed development
and the costs that it will impose on the Township, county and school
district. The information shall be related to the initial, if staged,
and completed subdivision or land development.
J.
Community Facilities and Services Assessment. The Board of Supervisors,
at its sole discretion may require the applicant to provide an assessment
of the facility and service needs required for the proposed development.
Where applicable, the assessment shall consider, in terms of existing
capabilities and the need for additional or expanded capabilities,
the following:
[Ord. 147, 8/11/2008, § 1402]
1.
The following criteria shall be used by the Planning Commission and
the Board of Supervisors in evaluating a proposed conditional use.
It shall be the burden of the applicant to demonstrate compliance
with all applicable criteria:
A.
An applicant for conditional use approval shall have the burden of
demonstrating to the satisfaction of the Board of Supervisors that
provision is made to adequately reduce or minimize any noxious, offensive,
dangerous or hazardous feature or features thereof, as the case may
be. The Board of Supervisors may deny conditional use approval where
the applicant has failed to do so or where any use otherwise is deemed
to be dangerous or potentially dangerous to the public health, welfare
or safety or which constitutes or may constitute a public hazard whether
by fire, explosion or otherwise.
B.
The use(s) proposed shall be limited to those authorized as conditional
uses within the zoning district in which the lot or parcel is situated.
The property subject to a conditional use application shall be suitable
for the use desired.
C.
The size, scope, extent and character of the conditional use desired
shall be consistent with the spirit, purposes and intent of the Comprehensive
Plan, the Open Space, Recreation and Environmental Resources Plan,
and this chapter.
D.
The proposed use at the location set forth in the application shall
be in the public interest and serve the public health, safety and
general welfare.
E.
Consideration of the character and the type of development in the
area surrounding the location for which the request is made, and a
determination that the proposed use is appropriate in the area and
will not injure or detract from the use or value of the surrounding
properties or from the character of the neighborhood.
F.
The development, if more than one building, will consist of a harmonious
grouping of buildings or other structures.
G.
There will be no adverse affect of the proposed conditional use upon
the logical, efficient and economical extension of public services
and facilities, such as public water, sewers, police and fire protection,
recreational opportunities, open space and public schools and, where
necessary, adequate arrangements for expansion or improvement of such
services and facilities are ensured.
H.
The design and use of any new construction and proposed change in
use of existing buildings will be compatible with the existing designs
and uses in the immediate vicinity and that the proposed design or
use shall be compatible with the character of the neighborhood.
I.
If the development is to be carried out in progressive stages, each
stage shall be so planned that the conditions and intent of this chapter
shall be fully complied with at the completion of any stage.
J.
The location and layout of the proposed use is suitable with respect
to probable effects upon highway traffic, and assures adequate access
arrangements in order to protect major streets and highways from undue
congestion and hazard. The proposed use will not lower the level of
service on adjacent road segments and intersections as defined by
the most recent edition of the Highway Capacity Manual from the Transportation
Research Board. As a policy, proposed projects should incorporate
designs that will assure safe and efficient access and maintain a
level of service "C," as a minimum, on all adjacent road segments
and intersections.
K.
The interior traffic circulation shall provide safe and convenient
circulation for all users, including pedestrian and vehicular modes
of transit. The applicant shall demonstrate that sufficient safeguards
such as parking, traffic control, screening, and setbacks can be implemented
to remove any potential adverse influences the use may have on adjoining
uses. In addition, all emergency access design considerations shall
be addressed and incorporated into the proposed plan.
L.
The adequacy of sanitation and public safety provisions, where applicable,
and the necessity to provide a certificate of adequacy of sewage and
water facilities from a governmental health agency in any case where
required or deemed necessary.
M.
Sufficient land area shall be available to be able to effectively
screen the proposed conditional use from adjoining different uses
if required by the Board of Supervisors.
N.
Consideration of any other development impacts and/or proposed mitigation
identified by the submitted site analyses.
O.
Consideration of likelihood of market success of proposed use(s),
as indicated by market analyses, where required.
P.
Uses shall meet the provisions and requirements of the Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances of the Township.
Q.
The Board of Supervisors may impose such conditions, in addition
to those required, as are necessary to assure that the intent of this
chapter is complied with, which conditions may include, but are not
limited to, harmonious design of buildings, planting and its maintenance
as a sight or sound screen, the minimizing of noise, glare, and noxious,
offensive or hazardous elements and adequate standards of parking
and sanitation.
R.
If the Board of Supervisors approves the application and accompanying conditional use development plan, such approved plan shall accompany any application for subdivision and land development as prescribed by the Subdivision and Land Development Ordinance [Chapter 22], and such approved plan shall accompany any application for a building permit.
[Ord. 147, 8/11/2008, § 1403]
1.
Clustered single-family detached residential development permitted as a conditional use in the R-2 Residential and R-3 Residential Districts shall comply with all of the open space and design requirements and standards of this section. All other types of subdivisions and land developments, wherein open space is required, shall comply with all of the standards of Subsection 1A except subsection 1A)(1), specifying the minimum amount of open space, for which § 22-426 of the Subdivision and Land Development Ordinance [Chapter 22] shall be applicable.
A.
Open Space Standards.
(1)
The minimum required amount of the gross tract area to be provided
as open space shall be as specified in §§ 27-704, Subsection
1B(1), or 27-804, Subsection 1B(1), of which a minimum of 25% shall
be suitable for active recreational purposes. All required open space
shall be contiguous and shall not consist of narrow and small irregularly
shaped areas.
(2)
The following resources may be included in the required open
space to the maximum extent possible:
(a)
Stream channels, floodplains, hydric soils, high water table
soils, wetlands, riparian buffers.
(b)
Precautionary and prohibitive slopes that adjoin watercourses
and other water bodies where disturbance would have a negative impact
on water quality.
(c)
Woodlands that provide the ecological functions of soil stabilization
and protection of streams, wetlands and wildlife habitat.
(d)
Habitats of wildlife species that are endangered, threatened,
or are of special concern.
(e)
Hedgerows, groups of trees, large individual trees, and other
landscape elements that are of botanical or historic significance.
(f)
Prime agricultural soils.
(g)
Historic sites.
(h)
Scenic viewsheds and visually prominent topographic features,
e.g., ridgelines.
(i)
Existing trails.
(4)
Open Space Uses. Only the following uses shall be permitted
in the open space:
(a)
Conservation of the open space land in its natural state.
(b)
Non-intensive agricultural uses. Other agricultural uses may
be permitted by special exception.
(c)
Pastureland for horses used only for recreation purposes and
equestrian-related structures provided that the impervious surface
of such structures is limited to 3% of the open space.
(e)
Golf courses, excluding driving ranges and miniature golf facilities,
provided that the area of the open space occupied thereby shall be
limited to 50% and structures, parking and accessways shall not be
included in the minimum required open space.
(f)
Easements for stormwater management facilities, vehicular and
pedestrian access, sanitary sewer and water lines, and other public
facilities.
(g)
Utility rights-of-way, excluding utilities structures, may traverse
open space areas however shall not be included in the calculation
of the minimum required open space.
(5)
Disturbance of Open Space Land.
(a)
Designated open space shall be permanently restricted from future
subdivision and land development.
(b)
Disturbance of open space land shall be minimized and shall
be limited to the construction of active recreation facilities, trails,
stormwater management facilities, and vehicular and pedestrian access
where necessary.
(6)
Ownership and Maintenance of Open Space.
(a)
Open Space and Facilities Ownership. Open space land may be
owned by the Township, a homeowners association, a land trust, a conservation
organization recognized by the Township, or by a similar entity approved
by the Township, or may remain in private common ownership.
(b)
Offer of Dedication. The Township may, but shall not be obligated,
to accept dedication in the form of fee simple ownership of open space
land. Where the Township accepts dedication of open space land that
contains improvements, the Board of Supervisors may require the posting
of financial security, in an amount up to 15% of the installation
cost to ensure structural and functional integrity of such improvements
for a term not to exceed 18 months from the date of acceptance of
dedication.
(c)
Homeowners Association. The designated open space land and associated
facilities may be held in common ownership by a homeowners association
which shall be formed and operated under the following provisions:
1)
The developer shall provide the Township with a
description of and proof of incorporation of the association, a copy
of its bylaws and proof of adoption thereof, a copy of the declaration
of covenants, easements or restrictions or similar document(s) regulating
the use, management and maintenance of the open space and associated
facilities. The conditions and timing of transfer of the control of
the association from the developer to the homeowners shall be identified.
[Amended by Ord. No. 2019-234, 9/9/2019]
2)
The association shall be organized, operated and
financed by the developer prior to the sale of any lots within the
development.
3)
Membership in the association shall be mandatory
for all owners, and successors, of dwellings in the development.
4)
The association shall be responsible for the maintenance
and insurance of the open space and facilities owned by the association,
enforceable by liens placed by the homeowners association. Maintenance
obligations may also be enforced by the Township, which may place
liens to recover its costs.
5)
The members of the association shall share equitably
the costs of maintaining the open space and facilities 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
capital costs related to repair or replacement of facilities.
6)
In the event of a proposed transfer, within the
methods herein permitted, of open space and facilities by the homeowners
association, or of the assumption of maintenance of such open space
and facilities by the Township, notice of such action shall be given
to all members of the association.
7)
The association shall have or employ adequate staff
to administer and provide continuous and proper maintenance of the
open space and facilities.
8)
The homeowners association may lease open space
lands to any other qualified person, or corporation, for operation
and maintenance of such lands, but such a lease agreement shall provide:
(a) that the residents of the development shall have, at all times,
access to the open space lands contained therein (except that access
to land that is actively farmed shall be limited by the nature of
the agricultural operation); (b) that the open space lands to be leased
shall be maintained for the purposes set forth in this chapter; and
(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 homeowners association. All
leases 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 Chester County within 30
days of their execution and a copy of the recorded lease shall be
filed with the Township.
9)
Homeowners association documentation approved by
the Township shall be recorded with the final subdivision and land
development plans, and proof of recording thereof shall be provided
to the Township prior to the issuance of any building permits. At
the time of preliminary plan submission, the applicant shall provide
draft homeowners association documentation with sufficient detail
to demonstrate compliance with this section.
(d)
Condominiums. 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. 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 Subsection
1A(6)(c) above. 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 compliance with this section.
(e)
Dedication of Easements. The Township may, but shall not be
obligated to, accept easements for public use of any portion or portions
of designated open space land, title of which is to remain in common
ownership by condominium unit owners or a homeowners association,
as applicable.
(f)
Transfer of Easements to a Private Conservation Organization.
Upon approval of the Township, an owner may transfer easements to
a private, nonprofit organization recognized by the Township, among
whose purposes it is to conserve open space and/or natural resources,
provided that:
1)
The organization is acceptable to Board, and is
a bona fide conservation organization with perpetual existence.
2)
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 functions.
3)
A maintenance agreement acceptable to the Board
is entered into by the developer and the organization.
(g)
Private Ownership of Open Space. Designated open space may be
retained in ownership by the applicant or may be transferred to other
private parties subject to compliance with all standards and criteria
for open space herein. All or portions of the designated open space
may be included within an individual lot, e.g., a working farm, where
approved by the Board of Supervisors, and the Board may require that
the owner of such privately owned open space be responsible for the
maintenance thereof.
(h)
Open Space and Facilities Maintenance. The cost and responsibility
of maintaining the open space and associated facilities shall be borne
by the homeowners association, condominium association, conservation
organization, or property owner, as outlined in the following sections.
(i)
Required Open Space Management Plan. The applicant shall provide
a plan for the long-term management of the designated open space including
maintenance and management of any stormwater management or any other
approved facilities located therein.
1)
Open Space Management Plan Information. The open
space management plan shall include a narrative discussion of: (a)
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;
(b) 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 Chester County Conservation District where applicable; (c)
the professional and personnel resources that will be necessary in
order to maintain and manage the property; (d) the nature of public
or private access that is planned for the designated open space; and
(e) the source of the financial resources available for such management,
preservation and maintenance on a perpetual basis.
2)
At the time of preliminary plan submission, the
applicant shall provide a draft open space management plan with sufficient
detail to demonstrate compliance with the provisions herein.
3)
The Board of Supervisors shall require that the
management plan be recorded, in the Office of the Recorder of Deeds
of Chester County, with the final subdivision and land development
plan.
4)
The management plan shall contain a provision that
permits change to such plan upon written application to the Board
of Supervisors. Approval of such application by the Board shall not
be unreasonably withheld or delayed provided: (a) the proposed change
is consistent with the purposes of preservation of open space set
forth in herein, and with the approved subdivision and land development
plans; and (b) any such change would not obligate the Township to
manage and maintain the open space and facilities.
(j)
Provisions for Maintenance of Open Space. In the event that
a homeowners association, condominium association, conservation organization,
any successor organization, or any owner of the open space shall fail
to maintain such land in reasonable order and condition in accordance
with the development plan, the open space management plan and/or association
or condominium documents as applicable, the Township may serve written
notice upon the owner of record, setting forth the manner in which
the owner of record has failed to maintain the open space land in
reasonable order and condition and directing the owner to remedy the
same within 20 days. Upon default by any owner, homeowners association,
conservation organization, or other entity responsible for maintenance
of designated open space and/or associated 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
condition provided 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 individual, entity,
or association 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.
3)
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. Such lien shall extend to all property
of such individual, entity or association within the development containing
the affected open space. In the case of an association, such lien
shall apply, pro rata, against all lot owners who are members of the
association, in addition to applying to the affected open space.
(k)
Open Space and Facilities Performance Guarantee. 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 shall be in the same form and adhere to the same conditions as provided in § 22-310 of the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 147, 8/11/2008, § 1405]
1.
Whenever an existing lot and/or an existing building or other structure on an existing lot becomes nonconforming, or more nonconforming, with respect to one or more applicable areas and/or dimensional requirements, as a result of a taking of a portion of the lot for public road purposes, and the nonconformity, with respect to each applicable area and dimensional requirement, resulting from the taking, is more than 50% of the applicable requirement, or increases an existing nonconformity of the same applicable area and dimensional requirement beyond 50% of that requirement, the lawful use of the lot and/or lawful use, location and/or size of the building or other structure on the lot, as existing on the effective date of the taking, may remain and continue after the effective date of the taking only when authorized by conditional use as required by § 27-1333, Subsection 1B, of this chapter.
2.
The conditional use required by § 27-1333, Subsection 1B, of this chapter shall be allowed or denied by the Board of Supervisors pursuant to the following standards:
A.
The applicant shall demonstrate that no unsafe conditions or adverse
environmental impacts have been created on the lot, or in or to the
building or other structure on the lot, as a result of the lot, building
or structure being rendered nonconforming or more nonconforming, with
respect to one or more applicable areas and/or dimensional requirements,
by the taking.
(2)
Such adverse environmental impacts shall include, but shall
not be limited to:
(a)
The potential for increased levels of vehicle emissions on the
lot or from the building or other structure on the lot.
(b)
The potential for increased noise levels on the lot or from
the building or other structure on the lot.
(c)
The potential for loss of privacy on the lot or in the building
or other structure on the lot.
(3)
The applicant may propose, for consideration by the Board of
Supervisors, measures to mitigate the potential for such unsafe conditions
and adverse environmental impacts.
B.
The applicant shall demonstrate that no unsafe conditions to the
traveling public (motorist or pedestrian) or to any person (motorist
or pedestrian) entering or leaving the lot, have been created on the
lot as a result of the lot, or the building or structure thereon,
being rendered nonconforming or more nonconforming, with respect to
one or more applicable areas and/or dimensional requirements, by the
taking.
(1)
Such unsafe conditions shall include, but shall not be limited
to:
(a)
Decreased clear sight triangle or sight distance at the intersection
of a driveway on the lot and the abutting street.
(b)
The increased potential for personal injury to the traveling
public or to persons entering or leaving the lot, whether or not the
result of condition (a).
(c)
The increased potential for damage to property of the traveling
public, or of persons entering or leaving the lot, whether or not
the result of condition (a).
(2)
The applicant may propose, for consideration by the Board of
Supervisors, measures to mitigate the potential for such unsafe conditions
to the traveling public (motorist or pedestrian) or to any person
(motorist or pedestrian) entering or leaving the lot unsafe conditions.
3.
In granting the conditional use required by § 27-1333, Subsection 1B, of this chapter, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board of Supervisors may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
4.
The following words and phrases, as used in this section, shall have the same meanings as such words and phrases are defined and used in § 27-1333, Subsection 1G, of this chapter: "lawful"; "applicable area and/or dimensional requirements"; "taking"; "public purposes"; and "effective date of the taking."
