Township of East Vincent, PA Part 9 OPEN SPACE DESIGN OPTION

§ 27-901 Purpose.

[Ord. 162, 6/12/2002, § 900; as amended by Ord. 179, 12/1/2004]

1. To provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development.

2. To provide for a more varied, innovative, and efficient development pattern.

3. To promote new development that is compatible with existing uses, architecture, landscapes and community character.

4. To preserve unique and sensitive landscapes and site features, including agricultural soils, woodlands, wetlands, and scenic views, by locating new dwelling sites in areas removed from such features.

5. To protect scenic vistas from encroachment by development.

6. To retain and protect open space areas within residential development.

7. To provide a means to attain the aims and objectives of the East Vincent Township Comprehensive Plan relative to orderly growth and the enhancement of environmental resources.

8. To support the specific objectives of the East Vincent Township Open Space, Recreation and Environmental Resources Plan.

9. To support the specific objectives of the French Creek Scenic Rivers evaluation and management studies.

§ 27-902 Eligibility.

[Ord. 162, 6/12/2002, § 901; as amended by Ord. 179, 12/1/2004; and by Ord. 220, 7/24/2012, § 3]

1. Applicable Approval Process.

A. Use by Right. Use of the open space design option shall be permitted by right in the HR Zoning District but shall nevertheless be subject to all provisions of this Part, as applicable.

B. Conditional Use Approval. Use of the open space design option shall be permitted in the LR and MR Districts when approved as a conditional use in accordance with the provisions of Part 19 of this chapter and where the applicant, to the satisfaction of the Board of Supervisors, can demonstrate compliance with all design standards and criteria of this Part.

C. Sketch Plan Submission. Any applicant for use of the open space design option is strongly encouraged to submit a sketch plan to the East Vincent Township Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal conditional use or subdivision and land development application. Upon written request from the applicant and if the Board of Supervisors and Planning Commission have previously reviewed a sketch plan and site analysis of the proposed development, the Board of Supervisors may elect to consider the preliminary subdivision plans concurrently with the conditional use approval where applicable.

2. Water Supply. Development under the open space design option shall be served by individual, community, or public water supply systems in accordance with the provisions of § 22-424 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22], where the applicant can demonstrate, to the satisfaction of the Board of Supervisors, adequate supply for the intended residential and open space uses.

3. Sewage Disposal. Development under the open space design option shall be served by individual or public sewage disposal systems consistent with the East Vincent Township Sewage Facilities (Act 537) Plan and in accordance with the provisions of § 22-423 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22], subject to demonstration of compliance with all applicable regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection, as applicable.

4. Single Plan. The tract, or tracts in the case of contiguous or non-contiguous parcels, of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility.

§ 27-903 General Regulations.

[Ord. 162, 6/12/2002, § 902; as amended by Ord. 179, 12/1/2004]

1. Permitted Uses. Where permitted by the Board of Supervisors as a conditional use, an applicant may utilize the open space design option for development of any of the following uses:

A. Single-family dwellings.

B. Two-family dwellings.

C. Multi-family dwellings.

D. Open space uses as set forth in § 27-906 of this Part.

E. Age restricted community, including the following facilities when demonstrated by an applicant to be clearly intended for use principally by residents, staff, and visitors to the community, dining facilities, medical offices and/or clinics, retail service area, indoor and outdoor recreation facilities, maintenance shop, emergency power generation, central laundry, or central kitchen.

F. Accessory uses customarily incidental to any of the foregoing permitted uses.

2. Existing Features Plan.

A. At the time of application for conditional use approval, applicant shall submit an existing features plan conforming to the requirements of § 22-307.1 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].

B. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, reasonable and necessary charges therefor to be home by the applicant.

C. At the request of the applicant, the Board of Supervisors may agree to defer submission of all or portions of the existing features plan until application for preliminary subdivision or land development approval, where the Board is satisfied that sufficient information has been submitted for adequate consideration of conditional use approval.

§ 27-904 Area and Bulk Regulations.

[Ord. 162, 6/12/2002, § 903; as amended by Ord. 166, 10/16/2002; by Ord. 179, 12/1/2004; and by Ord. 220, 7/24/2012, § 4]

1. Minimum Restricted Open Space. The minimum restricted open space shall not be less than the following percentage of the gross acreage of the tract, as stipulated for the appropriate zoning district; designated restricted open space shall comply with all standards and criteria for restricted open space established in §§ 27-905 and 906 below.

A. Zoning District Minimum Restricted Open Space.

(1) LR District: 50%.

(2) MR District: 45%.

(3) HR District: 30%.

2. Permitted Density Calculation. Except where bonus density is permitted in accordance with the provisions of Subsection 3, the maximum permissible number of lots or dwelling units on any tract utilizing the open space design option shall be calculated by multiplying the net tract area (in acres) by the multiplier stipulated for each zoning district as provided below. The product of any such calculation may be rounded to the nearest whole number:

Zoning District and Conditions for Use of Applicable Multiplier	Applicable Density Multiplier
LR District	0.70
MR District, without public sewer and water	0.90
MR District, with public sewer and water	1.50
HR District, without public sewer and water	0.90
HR District, where single-family and two-family dwellings are utilized and with public sewer and water	1.75
HR District, where multi-family dwellings are utilized and with public sewer and water	3
HR District, where a mobile home park is developed and with public sewer and water	4

Applicant is advised that the maximum number of units calculated under the provisions herein, including potential bonus density, may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein. The use of any multiplier shall be conditioned upon compliance with the specific conditions stated for such multiplier. Only one multiplier may be used for any tract or portion thereof meeting the stated conditions; multipliers provided in this section are not cumulative.

3. Bonus Density for Open Space Resource Conservation. In order to promote conservation of significant open space resources, the maximum density or number of lots or dwelling units permitted on any tract of land proposed for development under the open space design option may be increased over and above the base maximum calculated as above or over and above the adjusted maximum in cases where transferable development rights (TDRs) are received, where open space is provided meeting the criteria established in Paragraphs A to D, below, as follows: for each percentage point of eligible open space, calculated as a percentage of gross tract area, the maximum number of units may be increased by 2%. This density bonus shall be calculated as a percentage of the maximum number of units originally calculated under Subsection 2 or as adjusted in cases of receipt of TDRs.

A. In order to be eligible for calculation of bonus density, open space must comprise open space area(s) fully in addition to the minimum required restricted open space area, established in accordance with Subsection 1 above.

B. Open space eligible for calculation of bonus density must meet all criteria for restricted open space stipulated in § 27-905 herein.

C. Open space eligible for calculation of bonus density must comprise one or more of the following resource categories:

(1) Prime agricultural land, as defined by the Municipalities Planning Code, and as further listed in § 27-401A of this chapter, as Class I, II, and III soils of East Vincent Township.

(2) Significant wooded areas, as mapped in the East Vincent Township Open Space, Recreation, and Environmental Resources Plan.

(3) Lands adjoining and within 300 feet of the designated boundaries of Historic Districts included in the National Register of Historic Places.

(4) Lands located within the French Creek Scenic Overlay District.

D. Conservation of resource areas used toward calculation of bonus density must be guaranteed through establishment of restrictions and management criteria satisfactory to the Board of Supervisors.

4. Density and Open Space Determinations for Split-zoned Properties.

A. Density Calculations. Where a single contiguous tract of land falls into more than one residential zoning district, the gross density of development permitted, including any bonus density, shall be calculated separately for each zoning district. Where applicant demonstrates to the satisfaction of the Board of Supervisors that a development more fully in compliance with the objectives of this Part shall result, the gross density of development on the entire tract may be calculated as the sum of the density calculations made for each district separately. In such cases, ultimate placement of dwelling units may reflect a uniform plan for the entire tract without regard to zoning district boundaries within the tract.

B. Open Space Calculations. Where a contiguous tract of land falls into more than one zoning district, the open space requirement for the entire tract shall be calculated as the sum of that required in each district separately, without regard to ultimate geographic location of open space parcels relative to each zoning district.

5. Residential Area and Bulk Regulations. Under the open space design option, no minimum lot size is prescribed, rather, the following area and bulk regulations shall apply to any principal residential structure or any other building. At the time of conditional use application, applicant shall demonstrate to the satisfaction of the Township that each lot created under this development option contains sufficient area for a feasible building envelope which complies with these area and bulk requirements:

A. Minimum separation between buildings, except accessory buildings, at any point shall not be less that 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other principal building not accessory to such residential structure.

B. Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Paragraph A above.

C. No exterior windows, doors, or other openings shall be permitted in any portion of any principal or accessory structure located less than five feet from any lot line (as in a "zero-lot-line" design scenario).

D. Where any portion of any principal or accessory structure is located less than five feet from any lot line, a perpetual easement providing for maintenance of such structure, and measuring no less than five feet in width from the affected walls, shall be provided on the adjacent lot(s). This provision shall not apply to lot line(s) where separating two-family or multi-family dwelling units on the interior of the same principal structure.

E. Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Paragraph F below.

F. All proposed dwelling units in a development utilizing the open space design option shall be situated so that they are set back a minimum of 50 feet from the predevelopment perimeter boundary of the tract. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce any setback less than 50 feet.

G. Maximum length of any residential building, including rows of attached townhouses or other multi-family buildings, shall not exceed 160 feet. Residential buildings other than single family detached and two-family detached dwelling units shall comply with the architectural design provisions of § 27-905.2.

H. Maximum depth of any section of any residential building shall not exceed 75 feet.

I. Maximum Building Height. Three stories or 35 feet, exclusive of basements, whichever is less.

J. Maximum Building Coverage: 65% of permitted maximum impervious coverage, as set forth below.

K. Maximum impervious coverage. Maximum impervious coverage limitations shall be established for each building lot and open space parcel in accordance with the following schedule:

(1) Lots or parcels less than 20,000 square feet in area: 35%.

(2) Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: 25%.

(3) Lots or parcels greater than or equal to one acre and less than five acres in area: 20%.

(4) Lots or parcels greater than or equal to five acres and less than 20 acres in area: 15%.

(5) Lots or parcels greater than 20 acres in area: 10%.

(6) For apartment dwellings, condominiums, and any other dwelling units not provided with individual lots, maximum impervious coverage shall be limited to 40% of the gross land area devoted to such dwellings. The gross land area used to satisfy this limitation shall be indicated on submitted plans, shall constitute a single contiguous land area including buildings, parking, access, and yard areas clearly associated with and in the immediate vicinity of the subject residential development, and shall not include any land area that is counted toward meeting minimum restricted open space requirements nor any coverage nor yard area requirements for any other dwelling unit(s) or other permitted use(s).

L. While conformance to these area and bulk regulations is not dependent upon any specific minimum lot size or dimensions, conditional use approval for development in accordance with this Part shall only be granted where applicant has demonstrated to the satisfaction of the Board of Supervisors that the design of lots, house sites, and open spaces conform to the purposes of this Part and are of appropriate size, shape, and layout relative to the following:

(1) Establishment of safe and efficient pedestrian and vehicular access and circulation.

(2) Establishment of suitable private yard areas for all residences.

(3) Consideration of potential impacts to existing neighboring properties.

(4) Provision for adequate and cost-effective use and management of open space areas in conformance with all applicable provisions of §§ 27-905 and 27-906 herein.

§ 27-905 Conservation and Development Design Standards.

[Ord. 162, 6/12/2002, § 904; as amended by Ord. 179, 12/1/2004]

1. General Development Standards. All applicable standards provided in Parts 16 and 17 of this chapter shall apply to any development utilizing the open space development option.

2. Architectural Design. It is not the intention of the Township to govern specific architectural design or to link conditional use approval to any specific architectural design criteria. However, the applicant shall be required to demonstrate that the intended architectural design, selected by the applicant, is consistent with, and promotes the purposes of this Part and the standards set forth herein. For all structures developed under the open space design option, excepting single-family and two-family dwellings, the following provisions shall apply:

A. Applicant shall submit drawings illustrating the general character of the intended exterior design of structures, including principal exterior materials.

B. For principal structures in excess of 80 feet in length, the applicant shall demonstrate sufficient variation in roofline and/or articulation of facade to mitigate the visual impact of long continuous building facades.

C. Where the Board of Supervisors determines that architectural design, as presented by the applicant, is an essential means by which the proposed development will comply with the purposes and standards of this Part, the Board may require, as a condition of approval, establishment of appropriate means to guarantee general adherence to the intended architectural character. Examples of such situations include development design replicating the general scale and appearance of a village or of a rural farmstead.

D. Applicant shall address proposed means of long-term maintenance of exterior building facades and landscaping to the satisfaction of the Board of Supervisors, for example, including where appropriate establishment of covenants and/or homeowners association documentation. In granting approval of any conditional use, the Board may establish appropriate conditions to require provision for long term maintenance of exterior building facades and landscaping.

3. Special Provisions for Conservation of Historic Resources.

A. Historic resources shall be preserved to the greatest degree practicable, through incorporation into development plans and design, including historic structures, ruins or sites, historic road or other transport traces, paths and trails, and any other historic landscape features.

B. Density Bonus for Conservation of Historic Resources. In addition to the maximum permissible number of lots or dwelling units otherwise permitted on any tract developed under the open space design option, applicant may provide dwelling units and lots therefor through the renovation or adaptive reuse of structures included in the Chester County Historic Sites Survey subject to compliance with the standards in Subsection 3C below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements for the base zoning district in which the structure is located.

C. Standards for Historic Resources Utilized for Density Bonus. Where maintenance, renovation or reuse of any structure included in the Historic Sites Survey of Chester County is proposed in order to develop dwelling units in addition to the maximum otherwise permissible, applicant shall comply with the following standards:

(1) Applicant shall demonstrate to the satisfaction of the Board of Supervisors that development plans involving historical structures shall adequately conserve the historical integrity of such structures, particularly in terms of how they are viewed from any adjacent public street or road.

(2) Authentic period materials and colors or appropriate modem replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way.

(3) Applicant shall maintain sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. Applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.

(4) Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view.

(5) Where bonus density is provided, applicant shall provide for long-term protection of affected historic structures through establishment of appropriate deed restrictions, easement(s) or other agreement in a form acceptable to the Township.

4. Open Space Resource Protection Standards. In utilizing the open space design option, the proposed design shall limit disturbance of all open space resources identified in the existing features plan where required in accordance with § 27-903.2.

A. Applicant shall demonstrate maximum conservation of scenic views from public roads and neighboring residential properties, utilizing existing vegetation, structures, or changes in topography or providing landscaping to screen proposed development from view. In considering conditional use approval, the Board may reduce screening requirements where applicant submits individual building design plans with sufficient detail to demonstrate, in terms of how such buildings may be viewed from public roads or neighboring residential properties, reasonable replication of proportional relationships of form and massing evident in existing historic resources, including ratios of height to width, length of individual facade segment, roof pitch, relative size and placement of windows, doors, and other facade details. The distance from point of public or neighboring view also may be considered as a mitigating factor in review of plans for buildings within such view.

B. Lands within the Flood Hazard District shall comply with the terms of § 27-1501 of this chapter.

C. Lands within areas of steep slopes shall comply with the terms of § 27-1502 of this chapter.

D. Applicant shall demonstrate compliance with applicable state and/or federal regulation of streams and wetlands. For any proposed activity requiring the submission of a wetland delineation report, stream or wetland encroachment permit, or mitigation plan to the Pennsylvania Department of Environmental Protection (DEP) and/or U.S. Army Corps of Engineers or successive agencies, copy of all such documentation shall be submitted to East Vincent Township.

E. Mature trees and tree masses, including any individual free-standing trees over six inches caliper dbh, hedgerows, native flowering trees and shrubs, fencelines, rock outcroppings and other noted landscape features shall be inventoried and included on the existing features plan required in accordance with § 27-903.2. These features shall be preserved to the greatest degree feasible. Removal or disturbance of such landscape features shall not occur on more than 20% of the total area they occupy, except as provided below. As a condition of approval, disturbance greater than 20% may be permitted subject to the following:

(1) Applicant shall submit a request for consideration of approval for disturbance of landscape features, inventoried in accordance with this section, to an extent greater than 20%, as part of conditional use application.

(2) The Board of Supervisors may require that applicant submit an Environmental Impact Study in accordance with § 22-307.6E(5) of the East Vincent Subdivision and Land Development Ordinance [Chapter 22]. For the purposes of this section, such study may focus on impacts related to the specific disturbance(s) for which the request is being made.

(3) Applicant shall demonstrate to the satisfaction of the Board of Supervisors that adverse impacts associated with the additional disturbance shall be adequately mitigated through means incorporated into proposed development plans and/or that overall community planning and open space resource protection objectives are best served through development plans dependent upon approval of the requested additional disturbance.

§ 27-906 Open Space Designation and Management Standards.

[Ord. 162, 6/12/2002, § 905; as amended by Ord. 179, 12/1/2004]

1. General Standards for Open Space Designation.

A. The location and layout of restricted open space shall be configured so as to serve residents adequately and conveniently and to promote adherence to resource protection standards in §§ 27-905.3 and 27-905.4 above, and shall further conform to the following conditions:

(1) A portion of the designated restricted open space equal in area to no less than 15% of the gross tract area shall exclude areas comprised of designated flood hazard districts, wetlands, and slopes in excess of 25%.

(2) No portion of the designated restricted open space shall be measured as contributing to the minimum required restricted open space area or to any open space utilized in calculation of any density bonus where it:

(a) Is within 25 feet of any structure except structures devoted to permitted open space uses.

(b) Extends less than 100 feet in the narrowest dimension at any point.

(c) Comprises stormwater management facilities, except that areas devoted to stormwater management facilities may be included within the minimum required restricted open space area where the applicant can demonstrate to the satisfaction of the Township Engineer that such facilities are designed to:

1) Promote recharge of the groundwater system.

2) Be available and appropriate for active or passive recreational use or scenic enjoyment.

3) Otherwise conform to the purposes, standards, and criteria for open space set forth in this Part.

For example, a long low berm graded to reflect natural contour could be designed to: 1) blend into the scenic landscape; 2) permit passive recreational use over the top of it; while 3) providing a relatively large linear area for seepage of stormwater into the groundwater system.

B. Areas designated for open space purposes, regardless of ownership, may be used for any of the following:

(1) Crop or pasture land.

(2) Woodland, meadow, wetland, wildlife habitat, game preserve, or similar conservation-oriented area.

(3) Public, common, or private park or outdoor recreation area.

(4) Water supply facilities and sewage treatment and disposal facilities, including individual sewage disposal systems to the extent that it is not practicable to locate such facilities on individual lots. The placement of water and sewer facilities in open space areas shall be subject to all applicable regulations and shall be permitted only where the Board of Supervisors is satisfied that adequate provision(s) for the long-term management and maintenance of such facilities are guaranteed and that the placement of such systems in open space areas does not significantly compromise compliance with all other applicable standards for the designation, use and management of open space.

(5) Stormwater management facilities, subject to the provisions of measurement of minimum required open space stipulated in § 27-906.1A(2) above.

(6) Structures principally used for any of the above permitted open space uses, subject to compliance with any applicable impervious cover limitations.

(7) Where water, sewer, or stormwater management facilities are located within restricted open space, easements satisfactory to the Board of Supervisors shall be established to require and enable the maintenance of such facilities by the appropriate parties.

C. Open space shall be interconnected with open space areas on abutting parcels wherever possible including, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township.

D. As a condition of approval, the Township may require that open space areas be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.

E. Required restricted open space may be utilized to meet the requirements of § 22-428 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] where such land fully meets the standards of § 22-428.

F. Existing and/or proposed trails accessible to the public shall be incorporated in any open space design option development where such trails have been indicated on the Trail System Map. Where no trails have been indicated on the adopted Trail System Map, the applicant shall provide local/collector trails as a means of connection to the publicly accessible Comprehensive Trail System. Any new trail shall comply with the standards in § 22-434 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].

2. Standards for Ownership of Restricted Open Space. Except to provide for permitted open space uses, designated open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County. Subject to such permanent restrictions, restricted open space land in any open space development may be owned by a homeowners association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership.

A. Offer of Dedication. The Township may, but shall not be required, to accept dedication in the form of fee simple ownership of restricted open space land provided:

(1) Such land is accessible to the residents of the Township.

(2) There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance and recording fees.

(3) The Township agrees to and has access to maintain such lands.

Where the Township accepts dedication of restricted open space land that contains improvements, the Board of Supervisors may require the posting of financial security 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. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

B. Homeowners Association. The restricted open space land and associated facilities may be held in common ownership by a homeowners association. The association shall be formed and operated under the following provisions:

(1) The developer shall provide a description of the association including its bylaws and methods for maintaining the open space.

(2) The association shall be organized by the developer and operated with financial subsidization by the developer, before the sale of any lots within the development.

(3) Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.

(4) The association shall be responsible for maintenance and insurance on common open space land and any permitted improvements thereon, enforceable by liens placed by the homeowners association. The Township has the right, but not the obligation, to enforce maintenance of common open space land, and may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the lots subject to membership in the homeowners association and/or the open space to collect unpaid taxes.

(5) The members of the association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the association declaration and bylaws. 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 sinking fund reserved for just such purposes).

(6) In the event of a proposed transfer, within the methods here permitted, of common open space land 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 property owners within the development.

(7) The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common open space land.

(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 at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow).

(b) That the common open space land to be leased shall be maintained for the purposes set forth in this chapter.

(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, as the case may be.

(9) The lease shall be subject to the approval of the Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. 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 Secretary of the Township.

(10) Homeowners association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft homeowners association documentation with sufficient detail to demonstrate feasible compliance with this section.

C. Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Board of Supervisors. Such agreement shall be in conformance with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of Subsection 2B above, set forth for homeowners associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate compliance with this section.

D. Dedication of Easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space land, title of which is to remain in common ownership by condominium or homeowners association, provided:

(1) Such land is accessible to Township residents.

(2) There is no costs of acquisition other than any costs incidental to the transfer of ownership, such as title insurance.

(3) A satisfactory maintenance agreement is reached between the developer, condominium or homeowners association and the Township.

E. Transfer of Easements to a Private Conservation Organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space and/or natural resources, provided that:

(1) The organization is acceptable to the Board of Supervisors, and is a bona fide conservation organization with perpetual existence.

(2) The conveyance contains appropriate provision for proper reverter or retransfer in event that organization becomes unwilling or unable to continue carrying out its functions.

(3) A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.

F. Private Ownership of Restricted Open Space.

(1) Restricted 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 restricted open space herein.

(2) All or portions of the designated restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.

3. Required Open Space Management Plan.

A. Any application for conditional use approval of the open space design option, under this Part, shall contain a conceptual plan for the long-term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of (1) the manner in which the restricted open space and any facilities within the open space, 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 restricted open space, including conservation plan(s) approved by the Chester County Conservation District, where applicable; (3) if applicable, a listing of private or public utilities (water, sewer, stormwater) that are proposed within open space areas, how they will be integrated into the landscape to protect the natural and cultural resource values, and how they will be maintained or replaced over time; (4) the professional and personnel resources that will be necessary in order to maintain and manage the property; (5) the nature of public or private access that is planned for the restricted open space; and (6) the source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of § 27-901 shall be a factor in the approval or denial of the conditional use application by the Board of Supervisors.

B. The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the preliminary subdivision and land development plan application. The Board of Supervisors may require that the management plan be recorded with the final subdivision and land development plans in the Office of the Recorder of Deeds of Chester County. 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. The approval of the Board of Supervisors in such regard shall not be unreasonably withheld or delayed, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this Part and so long as 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.

4. Open Space Performance Guarantees.

A. All landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer as applicable. A performance guarantee shall be required to cover costs of all installation of proposed 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 under § 22-311 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].

B. An appropriate portion of the financial security will be applied by the Township should the developer fail to install the planting or recreational facilities.