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Township of Schuylkill, PA
Chester County
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Table of Contents
Table of Contents
Code
Zoning Map New Laws (1) Index Notes (15)
[Added 10-2-2019 by Ord. No. 2019-05]
A. 
Purpose. In addition to the community development objectives in Zoning § 370-5, it is the purpose of this district to:
(1) 
Conserve undeveloped land for the benefit of residents, wildlife habitat and ecosystem processes;
(2) 
Encourage innovation and promote flexibility, economy and ingenuity in development;
(3) 
Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties;
(4) 
Provide homes with direct views of conservation land, organized around common greens;
(5) 
Provide for the conservation and maintenance of conservation land and for active or passive recreational use by residents;
(6) 
Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the impervious cover required for residential development;
(7) 
Provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices;
(8) 
Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes; and,
(9) 
Implement natural resource conservation policies set forth in the Township's adopted plans;
B. 
Development options. In order to achieve the purposes in Subsection A above, the following development options are permitted by right:
(1) 
Option 1: Basic conservation with neutral density, providing for residential uses at the density permitted by the underlying zoning district, with at least 50% of the developable area and all of the constrained land as conservation land.
(2) 
Option 2: Country properties, providing for residential uses at very low densities, with common conservation land permitted but not required and the opportunity for accessory dwelling units on the lots.
(3) 
Option 3 (R-1 District only): Estate lots, providing for residential uses in conventional layouts, at half the density of Option 1, with common conservation land permitted but not required.
C. 
Applicability. This district shall be an overlay on the FR and R-1 Districts. In the FR District, the overlay shall apply to all tracts of seven acres of developable area or larger, and more than three residential dwelling units. In the R-1 District, the overlay shall apply to all tracts of five acres of developable area or larger, and more than five residential dwelling units.
The design of all new subdivisions in the CO District shall be governed by the following minimum standards:
A. 
Ownership. The development tract may be held in single ownership or in multiple ownerships. When a development tract is held in multiple ownerships, it shall be:
(1) 
Represented by a single application; and
(2) 
Presented and approved under a common plan. The entire tract shall be designed in accordance with this article.
B. 
Combining the development options. The development options permitted in this article may be combined based upon demonstration by the applicant, to the Board of Supervisors, that such a combination would better conserve conservation land as compared with applying a single option to the property. When more than one option is applied to a development tract, the applicant shall clearly indicate the boundaries of each option and shall provide the density and conservation land calculations for each option.
C. 
Protection of conservation areas. The proposed design shall conserve primary conservation areas. The protection of secondary conservation areas shall be addressed through the four-step design process described in § 320-40.1A of the Subdivision and Land Development Ordinance.
A building may be erected or used, and a lot may be used or occupied, for any one of the following purposes and no other, except as otherwise provided in § 370-58 of this chapter:
A. 
Single-family detached dwellings.
B. 
Signs in accordance with Article XXI herein.
C. 
Parking in accordance with Article XXII herein.
D. 
Accessory use on the same lot as listed in Article XIX, 370-132, herein to any of the foregoing permitted uses.
E. 
Conservation land. See conservation land uses in § 370-230.
A. 
The maximum number of dwelling units shall be determined by a calculation using the density factor set forth in Table 370-229A and the formula in Subsection D.
B. 
Conservation land. The minimum conservation land shall be as set forth in Table 370-229A and the formula in Subsection E. In addition, the following standards shall apply:
(1) 
Conservation land shall be delineated to include all primary conservation areas and, in addition, sufficient secondary conservation areas that, when added to the primary conservation areas, shall equal the minimum required conservation land.
(2) 
Greens. At least 3% of the required conservation land shall be in the form of greens. Greens shall contain a minimum area of 5,000 square feet and a maximum area of 30,000 square feet.
(3) 
When an applicant combines development options, to include Option 3, country properties, up to 80% of the required conservation land may be located on a conservancy lot of 10 or more acres, provided such conservation land is protected by a conservation easement.
Table 370-229A. Maximum density and minimum conservation land requirements.
Density Factor FR District
Density Factor R-1 District
Minimum Conservation Land
Option 1: Basic conservation with neutral density
One dwelling unit/100,000 square feet
No public sewer: one dwelling unit/60,000 square feet; Public sewer is available: one dwelling unit/50,000 square feet; and
Both public sewer and water are available: one dwelling unit/35,000 square feet
50% of developable area (DA1) plus constrained land2
Option 2: Country properties
One dwelling unit/10 acres of gross tract area
One dwelling unit/10 acres of gross tract area
Conservation land is permitted, but not required
Option 3: Estate lots
Not permitted
No public sewer: one dwelling unit/120,000 square feet;
Public sewer is available: one dwelling unit/100,000 square feet; and
Both public sewer and water are available: one dwelling unit/70,000 square feet
Conservation land is permitted, but not required
Notes:
1
DA = Developable area (see Article II, Definitions).
2
See Table 370-229B. Constrained land.
C. 
Accessory dwelling units (ADU's). In Option 2, one ADU is permitted on a Conservancy Lot of 10 or more acres, in addition to the density permitted in § 370-229A, above, in accordance with the following standards:
(1) 
The ADU shall be designed to harmonize with the appearance of the principal dwelling.
(2) 
The ADU shall be located within the principal dwelling unit or in existing or new outbuildings (such as barns, stables, carriage houses, garages and springhouses).
(3) 
The gross floor area of the ADU shall not exceed 1,200 square feet when located in new outbuildings or in an addition to a principal dwelling. An ADU located in an existing historic dwelling or structure may exceed the floor area limit, provided the gross floor area does not exceed 50% of that of the principal dwelling.
(4) 
The ADU shall meet all the setback standards in the applicable underlying FR or R-1 Zoning District, except that historic structures, listed on the Schuylkill Township Historic Properties Map, reused as ADUs, shall be exempt from these requirements.
(5) 
ADU's shall be in addition to the density limits set forth in § 370-229D.
D. 
Maximum number of dwelling units formula.
(1) 
In Options 1 and 3, (as set forth in § 370-225B) the maximum number of dwelling units equals the gross tract area, less a percentage subtracted for proposed public and private streets, multiplied by the applicable density factor in Table 370-229A, as follows:
(a)
Gross tract area1
_____ square feet
(b)
Subtract the following percentage of gross tract area, to account for proposed public and private streets:
-
_____ square feet
[1]
FR Zoning District: 10%
[2]
R-1 Zoning District: 15%
(c)
Equals gross tract area less percentage for proposed public and private streets
=
_____ square feet
(d)
Multiply line (c) above by density factor for applicable Zoning District (from Table 370-228A)
x
_____ square feet
(e)
Equals maximum number of dwelling units
=
_____ DUs
1
All area measurements expressed consistently as either square feet or acres.
(2) 
Where maximum number of dwelling units calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.
(3) 
In Option 2, the maximum number of dwelling units equals the gross tract areas multiplied by one dwelling unit/10 acres; plus accessory dwelling units as permitted in § 370-228C, above.
E. 
Minimum acreage of conservation land formula.
(1) 
In Option 1 developments, the minimum area of conservation land equals 50% of the developable area, plus constrained land, as determined in Table 370-228B, below.
Table 370-229B. Constrained land.
Constrained Land Type
Area
(in Acres)
A.
Areas set aside as the ultimate right-of-way for a public or private street;
B.
Areas of steep slopes pursuant to Chapter 370, Article XXVIII, Natural Resources Conservation Overlay District;
C.
Flood hazard districts pursuant to Chapter 370, Article XI, F Flood Hazard and Wetlands District;
D.
Wetlands pursuant to Chapter 370, Articles XI and XXVIII;
E.
Existing stormwater management facilities pursuant to Chapter 310, Stormwater Management;
F.
Areas comprising rights-of-way and easements for aboveground utilities and underground utilities other than for local retail service;
G.
Inner riparian buffers pursuant to Chapter 370, Article XXVIII; and
H.
Outstanding resource waters and associated outstanding resource waters inner buffers pursuant to Chapter 370, Article XXVIII.
Constrained land = Sum of A - H.
(2) 
Developable area (DA), equals the Gross Tract area minus the constrained land.
(a)
Gross Tract Area
_____ acres
(b)
Subtract constrained land (from Table 104.D.h above
-
_____ acres
(c)
Equals developable area (DA)
=
_____ acres DA
(3) 
Conservation land shall also meet all additional requirements in this article and in Section 320-40.1A, B and C of the Subdivision and Land Development Ordinance.
A. 
The dimensional standards in Table 370-230A and 370-230B shall apply to Options 1 through 3.
Table 370-230A. Dimensional standards for the FR District.
Option 1 Basic Conservation with Neutral Density
Option 2 Country Properties
Density (refer also to § 370-228)
One dwelling unit/100,000 square feet
One dwelling unit/10 Acres, gross
Minimum lot area
20,000 square feet
60, square feet
Minimum lot width at building line1
80 feet
140 feet
Minimum street frontage
20 feet
50 feet
Minimum front yard
20 feet
100 feet
Garage setback2
10 feet
10 feet
Minimum rear yard
40 feet
50 feet
Accessory buildings
10 feet
10 feet
Minimum side yard
10 feet
30 feet aggregate
20 feet
Maximum height
35 feet
35 feet
Notes:
1
In the case of flag lots, the building line shall be located where the lot equals the minimum width.
2
For front loaded garages, the minimum setback behind the principal facade, at its greatest setback dimension.
Table 370-230B. Dimensional standards for the R-1 District: No Public Sewer.
Option 1 Basic Conservation with Neutral Density
Option 2 Country Properties
Option 3 Estate Lots
Density (refer also to § 370-229)
One dwelling unit/60,000 square feet
One dwelling unit/10 Acres, gross
One dwelling unit/120,000 square feet
Minimum lot area
20,000 square feet
60,000 square feet
20,000 square feet
Minimum lot width at building line1
80 feet
140 feet
80 feet
Minimum street frontage
20 feet
50 feet
20 feet
Minimum front yard
20 feet
100 feet
20 feet
Garage setback2
10 feet
10 feet
10 feet
Minimum rear yard
40 feet
50 feet
40 feet
Accessory buildings
10 feet
10 feet
10 feet
Minimum side yard
10 feet
30 feet aggregate
20 feet
10 feet
30 feet aggregate
Maximum height
35 feet
35 feet
35 feet
Notes:
1
In the case of flag lots, the building line shall be located where the lot equals the minimum width.
2
For front loaded garages, the minimum setback behind the principal facade, at its greatest setback dimension.
Table 370-230C. Dimensional Standards for the R-1 District: Public Sewer is available.
Option 1 Basic Conservation with Neutral Density
Option 2 Country Properties
Option 3 Estate Lots
Density (refer also to § 370-229)
One dwelling unit/50,000 square feet
One dwelling unit/10 Acres, gross
One dwelling unit/100,000 square feet
Minimum lot area
20,000 square feet
60,000 square feet
20,000 square feet
Minimum lot width at building line1
80 feet
140 feet
80 feet
Minimum street frontage
20 feet
50 feet
20 feet
Minimum front yard
20 feet
100 feet
20 feet
Garage setback2
10 feet
10 feet
10 feet
Minimum rear yard
40 feet
50 feet
40 feet
Accessory buildings
10 feet
10 feet
10 feet
Minimum side yard
10 feet
30 feet aggregate
20 feet
10 feet
30 feet aggregate
Maximum height
35 feet
35 feet
35 feet
Notes:
1
In the case of flag lots, the building line shall be located where the lot equals the minimum width.
2
For front loaded garages, the minimum setback behind the principal facade, at its greatest setback dimension.
Table 370-230D. Dimensional standards for the R-1 District: Both Public Sewer and Public Water are available.
Option 1
Basic Conservation with Neutral Density
Option 2 Country Properties
Option 3 Estate Lots
Density (refer also to § 370-104)
One dwelling unit/35,000 square feet, DA
One dwelling unit/10 Acres, gross
One dwelling unit/70,000 square feet, DA
Minimum lot area
7,500 square feet
60,000 square feet
20,000 square feet
Minimum lot width at building line1
50 feet
140 feet
60 feet
Minimum street frontage
20 feet
50 feet
20 feet
Minimum front yard
20 feet
100 feet
20 feet
Garage setback2
10 feet
10 feet
10 feet
Minimum rear yard
25 feet
50 feet
25 feet
Accessory buildings
10 feet
10 feet
10 feet
Minimum side yard
5 feet
20 feet aggregate
20 feet
5 feet
20 feet aggregate
Maximum height
35 feet
35 feet
35 feet
Notes:
1
In the case of flag lots, the building line shall be located where the lot equals the minimum width.
2
For front loaded garages, the minimum setback behind the principal facade, at its greatest setback dimension.
B. 
Impervious cover for Options 1 through 3 shall be limited in accordance with the following:
Lot Area
Maximum Impervious Cover
Less than 10,000 square feet
50%
10,000 to 19,999 square feet
35%
20,000 to 43,560 square feet
20%
Larger than 43,560 square feet
Reduce limit by 1.5% for each additional acre up to a maximum impervious cover of 20,000 square feet
C. 
Design standards for Options 1 through 3.
(1) 
No part of any residential lot shall encroach upon conservation land with the exception of conservancy lots, as permitted in § 370-233A(4).
(2) 
All new dwelling units on the subject tract, shall meet the following setback requirements from the applicable existing features on adjoining tracts:
(a) 
From external, adjacent road ultimate rights-of-way abutting the subject tract: 100 feet.
(b) 
From all other tract boundaries, a perimeter setback: 50 feet.
(c) 
From cropland or pasture land: 100 feet (not applicable to Option 3).
(d) 
From buildings or barnyards housing livestock: 300 feet (not applicable to Option 3).
(e) 
From active recreation areas such as courts or playing fields (not including playgrounds): 150 feet (not applicable to Option 3).
(3) 
Additional design standards in Article VI of the Subdivision and Land Development Ordinance shall apply.
A. 
Uses permitted on conservation land.
(1) 
Conservation of open land in its natural state.
(2) 
Agricultural and horticultural uses, including raising crops or livestock, and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3) 
Pastureland for horses used solely for recreational purposes, provided that such lands shall not consume more than 50% of the minimum required conservation land.
(4) 
Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.
(5) 
Village greens, central commons, picnic areas, community gardens, trails and similar low-impact, passive recreational uses.
(6) 
Active noncommercial recreation areas, such as playing fields, playgrounds and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:
(a) 
Such areas shall not consume more than 50% of the minimum required conservation land or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.
(b) 
Playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.
(c) 
Minimum parking facilities for the same, as determined by the Township Board of Supervisors, may also be permitted. Such lots may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.
(7) 
The total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements may occupy up to 20% of the minimum DA required in the conservation land. The following standards shall apply:
(a) 
Water supply systems.
[1] 
Easements for water lines may be counted toward the minimum conservation land requirement.
[2] 
Land used for ground-level well structures and associated parking exceeding 5,000 square feet shall not count toward the minimum conservation land requirement.
(b) 
Sewage disposal systems.
[1] 
Sewage treatment facilities, structures, structure access areas and parking lots shall not count toward the conservation land requirement.
[2] 
Sewage disposal areas shall be appropriate for active or passive recreation or managed as meadows; and, may be counted toward the minimum conservation land requirement.
[3] 
Absorption fields serving individual dwelling units may be located in the conservation land, but individual treatment tanks shall be located within the lots they serve.
[4] 
Easements for sewer lines may be counted toward the minimum conservation land requirement.
(c) 
Stormwater management systems may be counted toward the minimum conservation land requirement, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual.
(8) 
Easements or rights-of-way for overhead power lines shall not count toward the minimum conservation land requirement.
(9) 
Specifically prohibited are:
(a) 
Motorized off-road vehicles, shooting ranges and other uses similar in character. This provision shall not prohibit vehicles used for maintenance purposes.
(b) 
Surface mining and quarrying.
B. 
Conservation land design standards.
(1) 
Conservation land in all options shall be identified and laid out according to the four-step design process described in § 320-40.1A of the Subdivision and Land Development Ordinance, which begins with the identification of primary and secondary conservation areas.
(2) 
In Option 1 wherein 50% of the developable area and all constrained land is set aside as conservation land, which may be owned by various entities, at least 20% of the developable area shall be available for the common use of the subdivision residents.
(3) 
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, conservation land 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 for the removal of invasive plant species. The conservation land shall include an area at least 100 feet in depth, meeting the screening requirements in § 320-24, Screening, landscaping and buffering, in the Township Subdivision and Land Development Ordinance.
(4) 
Applicants for new residential development may fulfill the recreational land requirements in § 320-27 of the Subdivision and Land Development Ordinance, by dedicating an equivalent amount of conservation land as public recreation land. Such land shall comply with all general requirements in § 320-27F of the Subdivision and Land Development Ordinance.
C. 
Additional standards.
(1) 
No portion of any building lot may be used for meeting the minimum conservation land requirement, except as permitted within conservancy lots, described in § 370-233A(4).
(2) 
Pedestrian and maintenance access shall be provided to conservation land in accordance with the following requirements:
(a) 
No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:
[1] 
The width of the access strip shall equal the minimum width of a lot, and in no case shall be less than 50 feet.
[2] 
The access strip shall extend the full depth of the adjacent lots.
(b) 
Access to conservation land used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.
(3) 
Conservation land that is not farmed shall be landscaped in accordance with the conservation land ownership and management plan standards in § 320-18D(28); and, with the screening, landscaping and buffering standards in § 320-34 of the Subdivision and Land Development Ordinance.
Whenever conservation land is required as part of the conservation subdivision development, a conservation easement restricting such conservation land in perpetuity against further subdivision or development shall be executed between the landowner and the Township or a qualified land conservancy acceptable to the Township. Deed restrictions may also be used in certain applications, in accordance with Subsection B below.
A. 
Conservation easements. Conservation easements are required to protect conservation land from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements:
(1) 
Easements shall be granted to a land conservancy meeting the requirements in § 370-233A(3). The grantee shall have the rights of reasonable entry and enforcement.
(2) 
The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.
(3) 
Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.
(4) 
The uses of property subject to the conservation easement shall be limited by the permitted uses defined by § 370-230 of this chapter. The following use restrictions shall also apply:
(a) 
The property shall not be further subdivided into additional building lots.
(b) 
Construction shall be permitted only in areas specifically designated in the property description and approved by the Township. The determination of the need for any additional disturbance shall lie with the Township.
(c) 
Permitted construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the conservation land management plan.
(d) 
Signs, fencing and dumping shall be restricted in consistence with the permitted uses and conservation land management plan.
(5) 
The terms and restrictions of the conservation easement shall be approved by the Township which shall be guided by the objectives set forth in the Township Comprehensive Plan and Park, Recreation and Open Space Plan, as well as the conservation land ownership and management plan for the property.
(6) 
Provisions pertaining to remedies, liability, indemnification and other relevant subjects, shall be approved by the grantor, the Township and the authorized representative of the grantee before final approval of the development plan by the Township.
B. 
Deed restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:
(1) 
When conservation land totals less than five acres, a deed restriction may be used.
(2) 
If no entity is available or willing to hold a conservation easement on required conservation land, a deed restriction may be used.
(3) 
The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the Township. If the Township does not agree to be party to the restriction, no deed restriction shall be used.
(4) 
The deed restriction shall ensure the permanent protection and continuance of the conservation land and shall define permitted uses.
(5) 
It shall be clearly stated in the individual deeds that maintenance responsibility for the conservation land lies with the property owners of the development.
A. 
Ownership options for conservation land. The following methods may be used, either individually or in combination, to own common facilities and conservation land. Conservation land 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 decrease in the total conservation land. Ownership methods shall conform to the following:
(1) 
Schuylkill Township.
(a) 
Fee simple dedication to Schuylkill Township. The Township may, but shall not be required to, accept dedication of any portion of the conservation land, provided that:
[1] 
There is no cost of acquisition to the Township; and
[2] 
The Township agrees to and has access to maintain such conservation land.
(b) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the conservation land. In such cases, the portion of conservation land remains in the ownership of the community association, or private conservation organization, while the Township holds the easements. In addition, the following regulations shall apply:
[1] 
There shall be no cost of acquisition to the Township; and,
[2] 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(2) 
Community association. Conservation land and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association. Community association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a homeowners' association document) or the Pennsylvania Uniform Condominium Act (as to a condominium association document), as the case may be. The community association document shall include, but not be limited to, the following:
(a) 
A description of the common conservation land to be owned by the community association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the common conservation land;
(b) 
Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided;
(c) 
A declaration of covenants, conditions, and restrictions (declaration), giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. The declaration shall give power to the community association to own and maintain the common conservation land and to make and enforce rules;
(d) 
Statements prescribing the process by which community association decisions are reached and setting forth the authority to act;
(e) 
Statements requiring each owner within the subdivision or land development to become a member of the community association;
(f) 
Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement;
(g) 
Requirements for all owners to provide a pro rata share of the cost of the operations of the community association;
(h) 
A process of collection and enforcement to obtain funds from owners who fail to comply;
(i) 
A process for transition of control of the community association from the developer to the unit owners;
(j) 
Statements describing how the common conservation land of the community association will be insured, including limit of liability;
(k) 
Provisions for the dissolution of the community association;
(l) 
Agreements for the maintenance of stormwater management facilities; and
(m) 
Agreements for the maintenance and operation of water supply and wastewater treatment facilities.
(3) 
Private conservation organization. With permission of the Township, an owner may transfer either fee simple title of the conservation land or easements on the conservation land to a private nonprofit conservation organization provided that:
(a) 
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
(c) 
The conservation land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
(d) 
A maintenance agreement acceptable to the Township is established between the owner and the organization.
(4) 
Conservancy lots. Up to 80% of the required conservation land may be located within one or more privately owned conservancy lots of at least 10 acres provided:
(a) 
The conservation land is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in § 370-232.
(b) 
The easement provides the Township the right, but not the obligation, to enforce these restrictions.
B. 
Management plan.
(1) 
Unless otherwise agreed to by Schuylkill Township, the cost and responsibility of maintaining conservation land shall be borne by the property owner, whether community association, or conservation organization.
(2) 
The applicant shall, at the time of preliminary plan submission, provide a conservation land ownership and maintenance plan in accordance with § 320-18D(28) in the Subdivision and Land Development Ordinance.
C. 
Remedy. Failure to adequately maintain the conservation land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.
(1) 
In the event that the organization established to maintain the conservation land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, 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 conservation land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.
(2) 
Upon default by any owner or other entity responsible for maintenance of conservation land, where such maintenance is 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:
(a) 
Upon 30 days advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the Township may enter upon the conservation land to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.
(b) 
Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the Township. Upon failure of the owner or responsible entity to pay such costs in 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.
(c) 
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 owner or responsible entity. Notice of such lien may be filed by the Township in the office of the Prothonotary of Chester County.