A.
Purpose.
(1)
The purpose of the natural resource standards and the resource
protection overlay is to identify those areas in which environmental
restrictions must be applied in order to achieve the natural resource
protection objectives of the Comprehensive Plan and this chapter.
(2)
Required open space is meant to conserve and preserve natural
and scenic resources within the Township and to augment and enhance
recreational and public open space opportunities where applicable
and practical for the residents of a development and the Township.
B.
Applicability.
(1)
The resource protection regulations and standards contained
herein shall be applicable to all zoning districts in Warrington Township.
All uses and activities established after the effective date of this
chapter shall comply with the following natural resource protection
standards, and open space requirements. Site alterations, grading,
filling, or clearing of vegetation, which is regulated by this chapter,
prior to the submission of applications for zoning or building permits
or the submission of plans for subdivision or land development shall
be a violation of this chapter.
(2)
Minimum open space requirements shall be determined for all uses in all zoning districts in accordance with the provisions herein. If a discrepancy were to occur between the provisions found within Article III, Use Regulations, or Article IV, Classification of Districts, and the district charts, the provisions found within Article III, Use Regulations, or Article IV, Classification of Districts, and the district charts shall govern.
It is the intent of the resources protection overlay to protect
the Township's environmental resources. The regulations of the underlying
zoning district shall remain in full effect, except that special provisions
herein described shall apply for those areas identified as having
natural or scenic values in the environment. The goal of the resource
protection overlay is preservation of woodlands, wetlands, steep slopes,
rivers, lakes, ponds, floodplains, streams, aquifers, wildlife habitat
and other environmentally sensitive areas.
A.
Establishment of overlay district.
(1)
The boundary and limits of resource protection overlay areas
are subject to a resource protection area study on a site-specific
basis. The precise boundary of the overlay district and the enforcement
of the development limitations shall be subject to requirements of
this chapter and the Subdivision and Land Development Ordinance.[1]
(2)
Additional requirements for the protection and preservation
of environmentally sensitive areas, other than those listed in this
chapter as resource protection areas, shall be regulated in the Subdivision
and Land Development Ordinance.
B.
Procedure for establishing land use intensities.
(1)
To establish the permitted land use intensity for any tract of land, the applicant shall prepare maps and perform the calculations specified in § 370-504, herein.
(2)
Following determination of the gross buildable site area, the
applicant shall develop a site plan based upon the zoning requirements
of the applicable zoning district.
(3)
The number of dwelling units permitted on the tract shall be
determined by one of the following methods:
(a)
Where minimum lot areas are used to determine land use intensities (that is, where no maximum density requirements are specified), the maximum number of units shall be determined by the maximum number of lots that can be sited on the tract. In making this determination, restricted resource protection areas must be designated as common open space except where specifically permitted as part of lot areas in § 370-305.
(b)
Where maximum density requirements are used to determine land
use intensities (that is, where maximum density requirements are specified
and minimum lot areas may or may not be specified), the maximum number
of dwelling units shall be determined by the density applied to the
gross buildable site area (GBSA).
C.
Procedures for delineating the environmental restriction and establishing the gross buildable site area. To establish the gross buildable site area and net gross buildable site area for any tract or lot proposed for development, the applicant shall prepare the following maps and perform the following calculations (which calculations are to be made in accordance with § 370-504).
(1)
Submit a map at the same scale as the gross site area map, locating
all reserved land (RL) and resource protection areas.
(2)
The reserved land area map shall include the following:
(a)
All existing roads and utility street lines and easements.
(b)
All street lines for existing streets as specified in the Subdivision
and Land Development Ordinance, and/or all future street lines and
other land reserved by virtue of the Official Township Map, when adopted.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(c)
All land shown on previously recorded subdivisions or land developments
for use as open space or for natural resource protection.
(3)
The resource protection areas map shall include the following:
(a)
(b)
Mapping of area. The area of each individual component of the
resource protection area shall be computed and the acreage shall be
itemized and shown in chart form on the map. Areas of overlap shall
be indicated. Where alternative methods of identifying protection
areas are indicated, the map shall indicate the parameters used. For
example, both the FEMA floodplain and soil lines shall be indicated
for stream delineation.
(4)
The resource protection area shall be determined by applying
the environmental restriction standards to the total of each individual
component of protected resource areas.
(5)
The gross buildable site area (GBSA) shall be calculated by
subtracting the total of the reserved land (RL) and the portion of
the restricted area designated as totally unusable land (TUL) from
the gross site area (GSA).
(6)
The net gross buildable site area (NGBSA) shall be calculated
by subtracting the portion of the restricted protection area designated
as partially unusable land (PUL) from the gross buildable site area
(GBSA).
A.
Streams, Type I. All Type I streams shall represent totally unusable
land and shall be 100% restricted for purpose of calculating restricted
resource protection areas. Such restricted land must be designated
as common open space and may only be disturbed for purposes of roads,
dams, culverts, water-impounding basins and stormwater and utility
construction. Such construction must be in accordance with state and
federal regulatory agency approval. No structures or impervious surfaces
shall be permitted.
B.
Water body, Type I. All Type I water bodies shall represent totally
unusable land and shall be 100% restricted. This land must be designated
as common open space and may only be disturbed for road or bridge
construction in accordance with state and federal regulatory agency
approval. No structures, filling, pipes or diverting of water shall
be permitted except as stated above.
C.
Wetlands. In the case of any subdivision or land development, all
wetlands shall represent totally unusable land and shall be 100% restricted.
This land must be designated as common open space and may not be disturbed
except as permitted by state and federal regulatory agencies. If wetland
disturbance is approved by state and federal regulatory agencies,
the area shall still be considered 100% restricted for purposes of
determining building densities.
D.
Wetland buffers. To protect valuable wetland resources, no construction activity or permanent construction of any kind, no clearing (except for removal of invasive species), no lawns or plant bedding, and no storage of material shall be permitted within 50 feet of any geographically isolated wetland, except for such activities as are permitted in riparian buffers as specified in § 370-503E herein. A full 100-foot riparian buffer, as specified in § 370-503E, shall be provided for any connected wetland, subject to any limitations provided therein. A certified wetland scientist shall determine if a wetland is connected or geographically isolated.
E.
Riparian buffers. Riparian buffers shall be provided along all Type
I streams, water bodies, natural watercourses, all wetlands, and any
floodplains thereof, along with associated alluvial soils. A width
of 100 feet beyond the limits of these resource-protected lands shall
be established. No land disturbance shall be permitted within any
riparian buffer except as permitted below. The measurement of the
riparian buffer shall extend a minimum of 100 feet from each defined
edge of an identified watercourse or surface water body at bank-full
flow or level or shall equal the extent of the 100-year floodplain,
whichever is greater. The buffer area will consist of two distinct
protection zones.
(1)
Zone 1. This buffer area will begin at the edge of the identified
waterway (which includes adjacent wetlands and intermittent watercourse)
and occupy a margin of land with a minimum width of 50 feet, measured
horizontally on a line perpendicular to the edge of water at bank-full
flow.
(a)
Open space uses that are primarily passive in nature may be
permitted in Zone 1, including:
[1]
Open space uses, such as wildlife sanctuaries, nature preserves,
forest preserves, fishing areas, passive areas for public or private
parklands, and reforestation.
[2]
Customary agricultural practices in accordance with a soil conservation
plan approved by the Bucks County Conservation District and a nutrient
management plan in accordance with state requirements, if applicable.
[3]
Regulated activities permitted by the Pennsylvania Department
of Environmental Protection and the Township for stream or wetland
crossing or other encroachment (i.e., farm vehicle and livestock,
recreational trails, roads, sewer or water lines, and utility transmission
lines), provided that any disturbance is offset by riparian corridor
improvements as approved by the Township.
[4]
Vegetation management in accordance with a stream bank stabilization
plan or an approved landscape or open space management plan.
(2)
Zone 2. This buffer zone will begin at the outer edge of Zone
1 and occupy a minimum width of 50 feet in addition to Zone 1. However,
where the width of the 100-year floodplain extends greater than 100
feet from the waterway, Zone 1 shall remain a minimum of 50 feet and
Zone 2 shall extend from the outer edge of Zone 1 to the outer edge
of the 100-year floodplain. Uses permitted in this buffer area include
open space uses that are primarily passive in nature, including:
(a)
Open space uses, such as wildlife sanctuaries, nature preserves,
forest preserves, passive areas for public or private parklands, recreational
trails and reforestation.
(b)
Customary agricultural practices in accordance with a soil conservation
plan approved by the Bucks County Conservation District.
(c)
Regulated activities permitted by the Pennsylvania Department
of Environmental Protection and the Township for stream or wetland
crossing or other encroachment (i.e., farm vehicle and livestock,
recreational trails, roads, sewer or water lines, and utility transmission
lines), provided that any disturbance is offset by riparian corridor
improvements as approved by the Township.
(d)
Recreational activities or uses not involving impervious surfaces,
such as ball fields or golf courses.
(e)
Naturalized stormwater management facilities, provided that
the entire facility is located a minimum of 50 feet from the defined
edge of the identified watercourse and situated outside the 100-year
floodplain.
(3)
Prohibited uses. Any use or activity not authorized within Zones 1 and 2, §§ 370-503E(1) or 370-503E(2) above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Zones 1 and 2, §§ 370-503E(1)(a) or 370-503E(2)(a) above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the riparian corridor.
(c)
Storage of any hazardous or noxious materials.
(d)
Roads or driveways, except as permitted as corridor crossings
by the Pennsylvania Department of Environmental Protection and the
Township.
(e)
Parking lots.
(f)
Subsurface sewage disposal areas.
(4)
Revegetation of riparian area. In cases where a major subdivision
or land development is proposed, replanting of the riparian corridor
shall be required where there is little or no existing streamside
vegetation. Native vegetation approved by the Township must be used
in replanting efforts. Three layers of vegetation are required when
replanting the riparian corridor. These layers include herbaceous
plants that serve as ground cover, understory shrubs, and trees that
form an overhead canopy. The revegetation plan shall be prepared by
a qualified professional, such as a landscape architect or engineer
and shall comply with the following minimum requirements, unless modified
by the Board of Supervisors upon recommendation of the Planning Commission:
(a)
Ground cover. Ground cover consisting of a native seed mix extending
a minimum of 25 feet in width from the edge of the stream bank must
be provided along the portion(s) of the stream corridor where little
or no riparian vegetation exists. Appropriate ground cover includes
native herbs and forbs, exclusive of noxious weeds as defined by the
Pennsylvania Department of Agriculture. This twenty-five-foot-wide
planted area shall be designated on the plan as a "no mow zone" and
shall be left as natural cover except in accordance with the maintenance
instructions stated on the plan.
(b)
Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Acceptable plantings are listed in the Preapproved Plant Material List of the Subdivision and Land Development Ordinance. These plants shall be planted in an informal manner, clustered within Zone 1 of the riparian buffer as indicated in this § 370-503E(4). These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(c)
Exceptions. These planting requirements shall not apply to existing
farm fields located within the riparian buffer if farming operations
are to be continued and the required nutrient management plan is met.
F.
Steep slopes. Steep slopes are naturally formed and exclude man-made
slopes, as defined herein.
(1)
In areas of steep slopes (i.e., those slopes in excess of 15%),
a portion of the area will be considered restricted resource protection
area as partially unusable land and shall be subject to certain development
limitations. A restricted area shall be based on the severity of the
slope. Regardless of allocation of restricted area, it shall not be
disturbed by regrading or stripping of vegetation. Man-made slopes
or cuts are exempt from the below standards which regulate steep slopes:
(2)
Within the RA Residential Agricultural District, the Township
may waive the partly usable land restrictions and recommend greater
encroachment into the areas of steep slopes in order to ensure the
best design of a site for agricultural purposes.
G.
Forest.
(1)
In order to promote forest protection, the Township requires
protection of a minimum of 50% of a forest on a site, and 80% when
it is associated with another environmentally sensitive resource.
(2)
Removal of trees and/or grading that is initiated two years
or less before the submission of plans for subdivision, land development,
or building permits is presumed to be in anticipation of development.
(3)
If an application for building, subdivision or land development
is submitted for the property within two years of the date the tree
removal and/or grading began, the requirements for resource protection,
as set forth in this chapter and in the Subdivision and Land Development
Ordinance, shall be applied to the property as it was prior to the
removal of trees or grading.
H.
Land clearance.
(1)
Any land clearance within two years of permit application which
is not related to preparation of a site for development shall require
revegetation consisting of ground cover, shrubs, and trees. Ground
cover consists of a native seed mix including native herbs and forbs
exclusive of noxious weeds as defined by the Pennsylvania Department
of Agriculture. Understory shrubs should consist of elderberry, viburnum,
azalea, rhododendron, holly, laurel and alders. Overstory trees which
are deciduous or evergreens, that include oak, hickory, maple, gum,
beech, sycamore, hemlock pine and fir that form an overhead canopy.
These plants shall be planted in an informal manner clustered and
provided at a rate of at least one overstory tree and three shrubs
for every linear foot of road frontage.
(2)
Land clearance and excavation is prohibited on any lot under
one acre in size. Any clearance activity in connection to an application
shall only occur within four years of development. The applicant must
install all stormwater management facilities on the site as land clearance
commences. If a landowner chooses to pursue land clearance, the landowner
must apply for a building permit and all other required permits prior
to the commencement of land clearance.
The following calculations shall be completed, according to the requirements herein, and shall be submitted to the Township for review on the required plan submission. Use B12, Conservation residential development contains several density bonuses, see Use B12, Article III, Use Regulations.
|
GROSS SITE AREA (GSA): _____ (deeded)
|
A.
Reserve land areas (RL).
(1)
All existing road and utility street lines: _____ AC (in acres)
(2)
All street lines for existing streets as specified in the Township
Subdivision and Land Development Ordinance and/or all future street
lines and other land reserved by virtue of the official Township Map,
when adopted: __________ AC
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(3)
All land shown on previously recorded subdivision plans as reserved
from development: _____ AC
|
TOTAL SUBSECTION A: _____ AC
|
D.
Total dwelling units permitted (where applicable).
(1)
Gross buildable site area (GBSA): _____ AC
(2)
Multiplied by the applicable density (x): _____ Density
(3)
Equals the maximum allowable dwelling units: _____ Dwellings
(a)
Note: If applicable sections of this chapter do not specify an allowed maximum density, the applicant may compute the maximum allowable dwelling units by designing the development in accord with applicable minimum lot area requirements. The initial design should be done after the calculation of common open space (§ 370-504G).
E.
Partly unusable land areas (PUL) (except for within the RA-Residential
Agricultural District, where the Township may waive these restrictions
in order to ensure the best design of a site for agricultural purposes;
however, the following regulations shall apply):
G.
Open space requirements (where applicable).
(1)
Common open space (COS) applies to all proposed land development
and uses, residential, nonresidential, and mixed-use.
(a)
Common open space (COS):
|
The net gross buildable site area (NGBSA) (Subsection F): _____AC
|
|
Multiplied by 0.20 (x): _____ AC
|
|
Equals the common open space requirement (=): _____ AC
|
[1]
Note: The common open space (COS) requirements as calculated
above may be credited, either in part or in whole, with the areas
calculated and mapped of totally unusable land and partly unusable
land, provided that the resulting common open space meets the requirements
for use and development of such land and complies with restrictions
for totally unusable land and partly unusable land as specified herein.
(2)
Active open space (AOS) applies to all residential subdivision
and residential land development and to all mixed residential/nonresidential
communities and developments.
(a)
Active open space (AOS):
|
Total proposed dwellings (total) dwellings
|
|
Divided by 100 and ( ) _____
|
|
Multiplied by 3.0 AC (x 3.0) _____AC
|
|
Equals the amount of active open space required (= AOS) _____
AC
|
A.
All open space areas established as part of a residential subdivision
or residential land development, a mixed residential/nonresidential
subdivision or land development and after the date of adoption of
this chapter, as amended, shall be on a single and separate lot. All
open space tracts or lots, whether owned by a homeowners' association,
condominium, Township, Bucks County, or state government, or conservation
organization, shall establish deed restrictions to the satisfaction
of the Township.
B.
Open space requirements are applicable to all subdivision and land development and to all mixed residential/nonresidential communities and developments and as required in Article III, Use Regulations. The plan shall contain or be supplemented by such material as is required to establish the method by which open space shall be protected, maintained, used, and owned. The plan and other materials shall be construed as a contract between the landowner(s) and the Township and shall be noted on all deeds.
D.
Required common and active open space shall be calculated using the calculations in § 370-504G. The required open space calculations, designated areas, and recreational facilities shall be so noted on the subdivision and land development plan(s) on the sketch, preliminary, or final plan submissions.
(1)
Deed restricted areas on private lots do not count toward the
minimum open space requirement.
E.
Open space design standards.
(1)
Areas set aside for open space shall be suitable for the designated
purpose and shall be consistent with the policy for future land in
the Township. Any such area shall contain no structure other than
a structure related to the purposes of open spaces. Where structures
relating to open space or recreational activity are located in the
developed open space, no more than 5% of that area, or 10,000 square
feet, whichever is greater, may be converted to building areas. Structures
relating to agricultural uses shall conform to the provisions for
permitted uses per use regulations.
(2)
Stormwater management facilities shall not count toward required
open space for residential subdivisions or land developments or mixed
residential/nonresidential subdivision or land development.
(3)
Stormwater management facilities shall not count toward required
open space for nonresidential subdivisions or land development unless
the stormwater management facility is a naturalized detention or retention
basin.
(4)
Subsurface drainage facilities shall not count toward required
open space.
F.
Where open space is designated in a residential subdivision and land
development, it shall be restricted from further subdivision and development.
G.
All boundaries, edges, and corners (as defined by survey from a professional
land survey) of open space lots shall be delineated with signs, fencing,
posts, or a means acceptable to the Township.
H.
If it is determined that open space land as represented on a subdivision
or land development plan is not suitable with regard to the size,
shape, location, access or provision for maintenance, the Township
may, at the discretion of the Board of Supervisors, require that open
space be provided through payment of a fee in lieu of land and/or
facilities. This fee shall be based upon the fair market value of
the acreage that would otherwise be dedicated pursuant to this section,
as stated in the adopted fee schedule. Such payment shall be made
to Warrington Township, to be used for the acquisition, development,
maintenance, or improvement of open space land that will be available
and accessible to and that will benefit the residents of the development.
This option is available in all zoning districts within the Township
in which open space is required.
The following open space performance standards shall apply to
all uses, as they are applicable:
A.
General provisions.
(1)
It is mandatory that the recorded plan and the deeds indicate
that there shall be no additional development. The open space shall
be restricted against any future building, development or use except
as consistent with that of providing for open space for recreation,
conservation, agriculture, and general satisfaction of the residents
of the development or of the general public. Buildings or uses for
noncommercial recreation, cultural or agricultural purposes compatible
with the open space objectives may be permitted only with the express
approval of the Board of Supervisors following approval of the building,
site, and operational plans by the Board of Supervisors.
(2)
All documents pertaining to the conveyance and maintenance of
the open space shall meet the approval of the Board of Supervisors
as to legal form and effect with recommendations from the Planning
Commission as to suitability for the proposed use of the open space
and be approved by the Board of Supervisors as part of the final plan
approval.
(3)
Any land set aside as open space must be made subject to a deed
restriction or agreement in a form acceptable to the Board of Supervisors
and duly recorded in the office of the Recorder of Deeds in and for
Bucks County.
B.
Methods of conveyance and maintenance. All open space shown on the
final development plan as filed with the Township and subsequently
recorded in the office of the Recorder of Deeds of Bucks County must
be conveyed in accordance with one or more of the following methods,
either individually or jointly:
(1)
Dedication in fee simple to the Township. The Township may,
at the discretion of the Board of Supervisors, accept any portion
or portions of the open space, provided that:
(a)
If it is determined that such land is suitable regarding size,
shape, location and access, the Board of Supervisors may determine
that such lands will benefit the general public of the Township.
(b)
The Township agrees to and has access to maintain such land.
(c)
The titles are conveyed to the Township without cost.
(d)
The Board of Supervisors shall adopt a resolution accepting
a deed of dedication from the landowner together with an account of
monies as determined by the Board of Supervisors which shall be deposited
in a special Township account that shall be used only for the purposes
of maintaining the land.
(2)
Conveyance of title (including beneficial ownership) to a conservancy,
corporation, association, funded community trust, condominium, individual
landowner, or other legal entity:
(a)
The terms of such instrument of conveyance must include provisions
suitable to the Township requiring such organization to guarantee:
[1]
The continued use of such land for the intended purpose in perpetuity.
[2]
Continuity of proper maintenance for those portions of the open
space requiring maintenance.
[3]
Available funds required for such maintenance.
[4]
Adequate insurance protection.
[5]
Provision for payment of applicable taxes.
[6]
For the attempt to recover for loss sustained by casualty, condemnation
or otherwise.
[7]
The right of the Township to enter upon and maintain such property
at the expense of the organization in the event the organization fails
to maintain the property in accordance with lack or failure of maintenance,
included herein.[1]
[8]
Create such other covenants and/or easements necessary to fulfill
the purposes and intent of this article.
(b)
The following are prerequisites for a corporation or association:
[1]
It must be approved by the Township, prior to final plan approval,
and the plans recorded before any homes or dwelling units are sold,
leased, or otherwise conveyed.
[2]
Membership must be mandatory for each buyer and/or lessee. The
organizational papers shall specify the voting rights as per adult,
per unit or per bedroom. The organizational papers shall set forth
the manner and time of transference of the organization and its assets
from developer to homeowner.
[3]
It must be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation or otherwise, and the
maintenance of recreational and other facilities.
[4]
Members or beneficiaries must pay their pro rata share of the
costs, and the assessments levied can become a lien on the property,
including any maintenance and associated administrative costs incurred
by the Township.
[5]
It must be able to adjust the assessment to meet conditions
by a stated margin of votes.
[6]
Such corporation or association shall not be dissolved, nor
shall it dispose of the open space by sale or otherwise, except to
an organization conceived and established to own and maintain the
open space. The corporation or association must first offer to dedicate
the open space to the Township before any such sale or disposition
of the open space.
(c)
The conveyance of open space, streets, or other lands to common
ownership of the corporation, association, individual or other legal
entity or the Township shall be absolute and not subject to reversion
for possible future use for further development.
(3)
All open space areas established after the effective date of
this chapter that will be protected by restrictive covenants, conservation
easements or other legal device granted to the Township, conservancy,
corporation, funded community trust or other legal entity, shall be
located on a separate lot, that is approved as part of the land development
and/or subdivision process, provided that:
(a)
The terms of such instrument of conveyance must include provisions
to the Township for guaranteeing:
(b)
The following are prerequisites for the conveyance of easements,
etc.:
[1]
Such conveyance of the total easements, etc., must transpire
prior to any lots or dwelling units being sold, leased, or otherwise
conveyed.
[2]
Each owner of the open space shall be responsible for liability
insurance, insurance, taxes, recovery of loss sustained by casualty,
condemnation or otherwise, and the general maintenance thereon.
C.
Specific use regulations for common open space.
(1)
No motor vehicle usage in the open space area shall be permitted
except for maintenance or agricultural purposes.
(2)
No removal of any trees or destruction or removal of vegetation,
rocks or soil shall be permitted unless in accordance with a landscape
improvement plan or agricultural use approved by a majority vote of
the association of property owners, if applicable, pursuant to review
and approval by the Board of Supervisors. Such plan shall be in accordance
with all other applicable sections of this chapter.
(3)
No alteration of any stream, pond or lake shall be permitted
unless in accordance with a plan approved by a majority vote of the
association of property owners, if applicable, pursuant to review
and approval by the Board of Supervisors. Such plan shall be in accordance
with other applicable sections of this chapter and all applicable
regulations of the Pennsylvania Department of Environmental Protection.
(4)
No structures shall be erected unless in accordance with a plan
approved by a majority vote of the association of property owners,
if applicable, pursuant to review and approval by the Planning Commission.
Such plan should be in accordance with all other applicable sections
of this chapter.
(5)
Conservation sewerage easement. No sewage disposal system shall
be located within designated common open space or natural resource
protection land resulting from a subdivision or site plan unless a
conservation sewerage easement has been designated. Such easement
shall provide for future expansion of the disposal area and provide
the right of access by the managing organization and municipality.
(6)
Stormwater management easement. No stormwater management system
shall be located within designated common open space or natural resource
protection land resulting from a subdivision or site plan unless a
stormwater management easement has been designated. Such easement
shall provide for future expansion of the stormwater management area
and provide right of access by the managing organization and municipality.
D.
Lack or failure of maintenance.
(1)
In the event that the organization that agreed to own and maintain
common open space, or any successor organization, fails to maintain
the common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents of the development, setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition; and said notice shall
include a demand that such deficiencies of maintenance be corrected
within 30 days thereof. The Township may modify the terms of the original
notice as corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable value of the properties within the development and to
prevent the common open space from becoming a public nuisance, may
enter upon said common open space and maintain the same for a period
of one year, in accordance with the notice provided by the Township.
(2)
The cost of such maintenance by the Township shall be assessed
ratably against all the properties within the development and shall
become a lien on said properties when filed. The Township at the same
time of entering upon said common open space for the purpose of maintenance
shall file a notice of lien in the Office of the Prothonotary of Bucks
County upon the properties affected by the lien within the development.
