[Ord. No. 2023-260, 6/12/2023]
1.
Purpose. In addition to the Statement of Community Development Objectives in § 27-102, it is the purpose of this district to:
A.
Conserve undeveloped land for the purpose of protecting Primary
and Secondary Conservation Areas in contiguous, unfragmented, commonly
managed landscapes to:
(1)
Protect large, intact wildlife habitat areas and connect patches
of wildlife habitat to support greater biodiversity, maintain ecosystem
processes and allow larger, healthier wildlife populations to persist;
and
(2)
Minimize edge habitats, where two different habitats meet, such
as forest and meadow, and minimize associated colonization by invasive
plant species.
B.
Contribute to the creation of a community-wide greenway system
for the benefit of present and future residents;
C.
Protect productive agricultural soils for continued or future
agricultural use by conserving blocks of land large enough to allow
for efficient farm operations;
D.
Conserve existing landscape character by minimizing views of
new development from existing roads, thereby reducing perceived density;
E.
Encourage innovation and promote flexibility, economy and ingenuity
in development;
F.
Provide multiple development options for landowners to reflect
their varying circumstances and the individual characteristics of
their properties;
G.
Provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups,
and residential preferences;
H.
Provide homes with direct views of greenway land, organized
around common greens;
I.
Provide for the conservation and maintenance of greenway land
and for active or passive recreational use by residents;
J.
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;
K.
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;
L.
Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes in accordance with the Steep Slope Conservation District, § 27-410;
M.
Implement natural resource conservation policies set forth in
the Township's 2017 Parks, Recreation and Open Space Plan as
updated;
N.
Implement land use, open space, and community policies set forth
in the Township's Comprehensive plan.
2.
Development Options. In order to achieve the purposes in Subsection 1 above, the following four development options are permitted by right:
A.
Option 1: Basic Conservation, providing for residential uses
at the density permitted by the underlying zoning, with at least 50%
greenway land. This option is allowed in the FR, R-1, R-2, R-3, NC,
C and C-1 Zoning Districts.
B.
Option 2: Age Restricted Communities, providing for residential
uses in age-restricted or age-targeted independent living communities
at a density higher than Option 1, with at least 60% greenway land.
This option is allowed where public sewage disposal is available in
the R-3 Zoning District.
C.
Option 3: Estate Lots, providing for residential uses in conventional
layouts, at half the density of Option 1, with common greenway land
permitted but not required. This option is allowed only in the R-1,
R-2 and R-3 Zoning Districts. A declaration of deed restrictions acceptable
to the Township shall be established to prohibit future subdivision
of the resulting lots.
D.
Option 4: Country Properties, providing for residential uses at very low densities, with common greenway land permitted but not required. An incentive of one additional accessory dwelling unit per lot is provided for the use of this option in accordance with § 27-11.104, Subsection 3. This option is permitted in the FR, R-1, R-2 and R-3 Zoning Districts. A declaration of deed restrictions acceptable to the Township shall be established to prohibit future subdivision of the resulting lots.
3.
Applicability. This district shall be an overlay on the FR, R-1,
R-2, R-3, NC, C and C-1 Zoning Districts as follows:
A.
In the FR district, this district shall apply to all residential
uses on tracts 10 acres net tract area, or larger.
B.
In the R-1 and R-2 Districts, with public sewage disposal, this
district shall apply to all residential uses on tracts four acres,
net tract area, or larger.
C.
In the R-1 and R-2 Districts, with no public sewage disposal,
this district shall apply to all residential uses on tracts eight
acres, net tract area, or larger.
D.
In the R-3, NC, C and C-1 Districts with public sewage disposal,
this district shall apply to all residential uses on tracts three
acres, net tract area, or larger.
E.
In the R-3, NC, C and C-1 Districts, with no public sewage disposal,
this district shall apply to all residential uses on tracts seven
acres, net tract area, or larger.
[Ord. No. 2023-260, 6/12/2023]
The design of all new subdivisions in the CSD District shall
be governed by the following minimum standards:
1.
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:
2.
Combining the Design Options. The development options permitted in
this Part may be combined. When more than one option is applied to
a development tract, the applicant shall clearly indicate the boundaries
of each option and provide the required calculations for each area.
3.
Protection of Conservation Areas. The proposed design shall conserve Primary Conservation Areas. Demonstration by the applicant that these features are protected by the proposed application shall be prerequisite to approval of all preliminary and final plans. The protection of Secondary Conservation Areas shall be addressed through the Four-Step Design Process described in § 22-304, Subsection 3.G, of the Subdivision and Land Development Ordinance.[1]
[Ord. No. 2023-260, 6/12/2023]
[Ord. No. 2023-260, 6/12/2023]
1.
The maximum number of dwelling units shall be determined by using the density set forth in Table 27-11.104(1) and the formulas in Subsection 4.
2.
Greenway Land. The minimum greenway land shall be as set forth in
Table 27-11.104(1).
|
Table 27-11.104(1)
| |||
|---|---|---|---|
|
Density
|
Minimum Greenway Land
| ||
|
Option 1
Basic Conservation Subdivision
|
FR District: 1/2 du/1 acre NTA1 (1
du/2 ac)
R-1 and R-2 Districts, with public sewage disposal: 1 1/3
du/1 acre NTA (1 DU/3/4 ac)
R-1 and R-2 Districts, no public sewage disposal: 2/3 du/1 acre
(1 du/1 1/2 acres)
R-3, NC, C and C-1 Districts, with public sewage disposal: 3
du/1 acre NTA (1 DU/1/3 acre)
R-3, NC, C and C-1 Districts, no public sewage disposal: 4/5
du/1 acre NTA (1 DU/1 1/4 acre)
|
50% of NTA plus constrained land2
| |
|
Option 2
Age-Restricted (or Age-Targeted) Communities
|
R-3 District, with public sewage disposal: 3 du/1 acre NTA (1
du/ 1/3 acre)
R-3 District, no public sewage disposal: not permitted
|
60% of NTA plus constrained land2
| |
|
Option 3
Estate Lots
|
FR District: 1/4 du/1 acre NTA1 (1
du/4 ac)
R-1 and R-2 Districts, with public sewage disposal: 2/3 du/1
acre, NTA (1 du/ 1 1/2 acres)
R-1 and R-2 Districts, no public sewage disposal: 1/3 du/1 acre,
NTA (1 du/3 acres)
R-3 District, with public sewage disposal: 1 du/1 acre NTA
R-3 District, no public sewage disposal: 3/5 du/1 acre NTA (1
du/2 1/2 acres)
|
Greenway land is permitted, but not required; where greenway
land is provided, dwelling units are permitted at only 1/2 the typically
permitted density
| |
|
Option 4
Country Properties (10 Acre Lots/Small Farms)
|
Permitted in FR, R-1, R-2 and R-3 Districts: 1/10 du/1 ac of gross tract area [see § 27-11.104, Subsection 4.D(3)(a)]
|
Greenway land is permitted, but not required
| |
|
NOTES:
| |
|
1
| |
|
2
|
Constrained land calculation, see § 27-11.104, Subsection 4.B.
|
A.
Greenway 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 greenway land.
B.
Greens. At least 2% of the required greenway land shall be in
the form of common greens. The minimum percentage of open space in
greens shall be as follows:
C.
In Options 1 and 2, up to 80% of the required greenway land
may be in the form of "conservancy lots" as permitted in § 27-11.110,
Subsection 1.D. This option is intended to preserve working agriculture,
tree nurseries, horse farms and other uses where community or public
access is undesirable due to the working nature of the landscape or
where a large setting is desirable for an historic home. The remaining
greenway land shall be owned and managed by a community association,
conservation organization or the Township, in conformance with § 27-11.110.
3.
Accessory Dwelling Units (ADUs). In Option 4, one ADU is permitted on a lot of 10 acres or larger, in addition to the density permitted in § 27-11.104, Subsection A, above, in accordance with the following standards:
A.
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).
B.
The gross floor area of the ADU shall not exceed 1,500 square
feet.
C.
Proposed ADUs shall meet all setback standards of the underlying
zoning district, except where an ADU is proposed within a building
with a Class I or II designation as shown on the Township Historic
Resources Map.
D.
Building permits for an ADU shall not be issued until the applicant
demonstrates that a restrictive covenant has been placed on the subject
property prohibiting future enlargement of the ADU beyond that permitted
herein. This restriction shall also be incorporated into the building
permit. Issuance of permits for ADUs shall be contingent upon approval
of the Chester County Health Department for appropriate sewage disposal
systems.
4.
Net Tract Area Approach. Determination of the maximum number of dwelling
units shall be based upon the following calculations.
A.
Determine Gross Tract Area. Gross tract area shall equal the
area of land contained within the property lines of the parcel(s)
that comprise the tract proposed for development, as described in
the deed or as shown on a survey meeting the Township standards.
B.
Determine Constrained Land. Constrained land consists of the
resources listed in Table 27-11.104(2), totalled. In the event two
or more resources overlap, the land area shall be subtracted only
once.
|
Table 27-11.104(2)
| |||
|---|---|---|---|
|
Resource
|
Area of Resource
(acres)
|
Constrained Land
(acres)
| |
|
A.
|
Any area within a street ultimate right-of-way; or (2) within
any other ultimate right-of-way, whether public or private, that provides,
or is intended to provide, access to more than one lot by way of vehicular
and/or pedestrian circulation
|
=
| |
|
B.
|
Any area, easement or right-of-way to be used for emergency
access
|
=
| |
|
C.
|
Any existing easements or rights-of-way for gas, oil, natural
gas, electric or communications transmission facilities, whether below
or above grade, that do not exclusively serve the lot
|
=
| |
|
D.
|
Any area comprising existing and/or proposed stormwater management
basin or drainage easement and/or a sanitary sewer easement
|
=
| |
|
E.
|
Any area overlain by the floodplain district
|
=
| |
|
F.
|
Any area of prohibitive slope
|
=
| |
|
G.
|
Any area of seasonally high-water table soils and hydric soils
|
=
| |
|
H.
|
Any area of wetlands
|
=
| |
|
I.
|
Any riparian buffer area
|
=
| |
|
J.
|
Total = A through I
|
=
| |
C.
Determine Net Tract Area (NTA). Net tract area equals the gross
tract area minus the constrained land.
|
(1)
|
Gross tract area
|
_____ acres
|
|
(2)
|
Minus constrained land (from Table 27-11.104(2) above)
|
-_____ acres
|
|
(3)
|
Equals net tract area (NTA)
|
= _____ acres NTA
|
D.
Maximum Number of Dwelling Units.
In Options 1, 2, and 3, the maximum number of dwelling units equals
the net tract area (NTA) multiplied by the applicable density set
forth in Table 27-11.104(1).
|
(1)
|
Net tract area [from Subsection 4.C(3) above, in acres]
|
_____ acres
|
|
(2)
|
Multiplied by density from Table 27-11.104(1)
|
x _____
|
|
(3)
|
Equals maximum number of dwelling units
|
=_____DUs
|
5.
Total Maximum Number of Dwelling Units. The total maximum number
of dwelling units permitted on a development site equals the sum of
the following, each of which shall be itemized separately in a table
on the plans:
6.
Preservation of Historic Dwellings. Preserved historic dwellings shall be permitted to provide one dwelling unit in addition to the maximum number of dwelling units permitted in § 27-11.104, Subsection 6.A, above, provided:
A.
Such dwellings are a Class I or Class II resource;
B.
The dwelling is preserved in accordance with the Secretary of
the Interior standards; and
C.
The historic dwelling is placed in a landscape context that
respects its historical status and appearance, as agreed upon by the
Township and the developer.
D.
The historic dwelling, or portions thereof, are placed under
facade easements, as agreed upon by the Township and the developer.
E.
The proposed new dwelling units meet the standards in this CSD
Overlay District.
[Ord. No. 2023-260, 6/12/2023]
1.
The dimensional standards in Table 27-11.105(1) shall apply to Options
1 through 4.
|
Table 27-11.105(1)
| ||||
|---|---|---|---|---|
|
FR Zoning District:
| ||||
|
Option 1
Basic Conservation
|
Option 2
Age-Targeted/Age-Restricted Communities
|
Option 3
Estate Lots
|
Option 4
Country Properties
| |
|
Density (refer also to § 27-11.104)
|
1/2 du/1 acres NTA
|
Not permitted
|
Not permitted
|
1/10 du/1 ac of gross tract area [see § 27-11.104. Subsection 4.D(3)(a)]
|
|
Minimum lot area
|
20,000 square feet
|
60,000 square feet
| ||
|
Minimum lot width at building line
|
80 feet
|
140 feet
| ||
|
Minimum lot width at front lot line
|
20 feet
|
50 feet
| ||
|
Minimum front yard
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20 feet
|
100 feet
| ||
|
Minimum rear yard accessory buildings
|
40 feet
10 feet
|
50 feet
10 feet
| ||
|
Minimum side yard
|
5 feet
30 feet aggregate
|
20 feet
| ||
|
R-1, R-2, R-3, NC, C and C-1 Zoning Districts:
| ||||
|
Option 1
Basic Conservation
|
Option 2
Age-Targeted/Age-Restricted Communities
|
Option 3
Estate Lots
|
Option 4
Country Properties
| |
|
Density
(Refer also to Section 104)
|
R-1 and R-2 Districts, with public sewage disposal: 1 1/3
du/1 acre NTA
R-1 and R-2 Districts, no public sewage disposal: 2/3 du/1 acres
R-3, NC, C and C-1 Districts, with public sewage disposal: 3
du/1 acres NTA
R-3, NC, C and C-1 District, no public sewage disposal: 4/5
du/1 acre NTA
|
R-3 District, with public sewage disposal: 3 du/1 acre NTA
This option not permitted in any other Zoning District and is
also prohibited in the R-3 District with no public sewage disposal
|
R-1 and R-2 Districts, with public sewage disposal: 2/3 du/
1 acre, NTA
R-1 and R-2 Districts, no public sewage disposal: 1/3 du/1 acre,
NTA
R-3 District, with public sewage disposal: 1 du/1 acre NTA
R-3 District, no public sewage disposal: 4/10 du/1 acres NTA
|
R-1, R-2 and R-3 Districts: 0.1 du/1 ac of gross tract area [see § 27-11.104, Subsection 4.D(3)(a)]
|
|
Minimum lot area
|
With public sewage disposal: 5,000 square feet
No public sewage disposal: 20,000 square feet
|
N/A (Commentary: as these communities tend to be developed as
condominium forms of ownership, density, not lot size is the controlling
factor)
|
R-1 and R-2 Districts, with public sewage disposal: 3 acres,
NTA
R-1 and R-2 Districts, no public sewage disposal: 6 acres NTA
R-3 District, with public sewage disposal: 2 acre NTA
R-3 District, no public sewage disposal: 5 acres NTA
|
60,000 SF
|
|
Minimum lot width at building line
|
With public sewage disposal: 40 feet
No public sewage disposal: 80 feet
|
65 feet
|
115 feet
|
140 feet
|
|
Minimum lot width at front lot line
|
20 feet
|
20 feet
|
25 feet
|
50 feet
|
|
Minimum front yard
|
With public sewage disposal:
12 feet principal structure; 10 feet front porch enclosed by
windows or screens; 6 feet front porch, open with steps
No public sewage disposal: 20 feet
|
20 feet
10 feet
|
40 feet
10 feet
|
100 feet
10 feet
|
|
Minimum rear yard:
Principal and accessory buildings
|
With public sewage disposal:
Principal: 20 feet
Accessory: 10 feet
No public sewage disposal: 30 feet and 10 feet
|
Principal: 30 feet
Accessory: 10 feet
50 feet landscaped perimeter buffer
|
Principal: 50 feet
Accessory: 10 feet
|
Principal: 50 feet
Accessory: 10 feet
Accessory dwelling unit: 25 feet
|
|
Minimum side yard
|
With public sewage disposal: 7.5 feet minimum per side
No public sewage disposal: 20 feet, 50 feet aggregate
|
Building separation as required by Township building code and
Fire Marshal
|
20 feet
50 feet aggregate
|
20 feet
|
|
Maximum height in all zoning districts
|
Underlying zoning district standards apply
| |||
2.
Impervious cover for individual lots in Options 1 through 4 shall
be limited in accordance with the following table.
|
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%
|
|
43,561 to 87,120 square feet
|
18.5%
|
|
87,121 to 130,680 square feet
|
17% or 20,000 square feet whichever is less
|
|
Larger than 130,680 square feet
|
Reduce maximum impervious cover from 17% by an additional 1.5%
for each additional acre up to a maximum impervious cover of 20,000
square feet
|
3.
Design Standards for Options 1 Through 4.
A.
No part of any residential lot shall contain greenway land with
the exception of conservancy lots, as permitted in § 27-11.110,
Subsection 1.D.
B.
All new dwelling units shall meet the following setback requirements:
|
From external road ultimate rights-of-way
|
100 feet or 75 feet with a planting buffer acceptable to the
Board of Supervisors
|
|
From all other tract boundaries
|
50 feet
|
|
From cropland or pasture land
|
100 feet (not applicable to Option 4)
|
|
From active recreation areas such as courts or playing fields
(not including tot lots)
|
150 feet (not applicable to Option 4)
|
[Ord. No. 2023-260, 6/12/2023]
1.
Uses Permitted on Greenway Land.
A.
Conservation of open land in its natural state.
C.
Pastureland for horses and associated equestrian-related structures,
such as turnout sheds, provided that the impervious surface of such
structures is limited to 3% of the greenway land.
D.
Greens, central commons, picnic areas, benches, community gardens,
trails and similar low-impact, passive recreational uses.
E.
Active noncommercial recreation areas, such as playing fields,
playgrounds and bikeways, not requiring supporting structures. Such
recreational uses shall meet the following standards:
(1)
Such areas shall not consume more than 50% of the minimum required
greenway land or five acres, whichever is less.
(2)
Playing fields and playgrounds shall not be located within 100
feet of the tract boundary or a dwelling unit within the development
parcel.
(3)
Minimum parking facilities for the same, as determined by the
Township, may also be permitted. Such facilities shall be unlighted,
properly drained and provide safe ingress and egress.
F.
Noncommercial recreation areas such as playing fields, courts,
swimming pools or picnic areas requiring supporting structures, and
their parking areas, are permitted, but shall not count toward the
minimum required greenway land, unless dedicated to the Township.
Structures shall be de minimus to the activity. Parking areas shall
be unlighted, properly drained and provide safe ingress and egress.
G.
The total area of water supply systems, sewage disposal systems,
stormwater management systems and associated easements may occupy
up to 20% of the minimum required greenway land. The following standards
shall apply:
(2)
Sewage Disposal Systems.
(a)
Sewage treatment lagoons, structures, structure
access areas and parking lots shall not count toward the greenway
land requirement.
(b)
Community sewage disposal areas shall be appropriate
for active or passive recreation or managed as meadows; and, may be
counted toward the minimum greenway land requirement.
(c)
Absorption fields associated with backup or alternate
systems serving individual dwelling units and individual treatment
tanks shall be located within the lots they serve.
(d)
Easements for sewer lines may be counted toward
the minimum greenway land requirement.
(3)
Stormwater Management Systems. The following stormwater management
practices may be counted toward the minimum greenway land requirement,
provided they meet the guidelines in the Pennsylvania Stormwater Best
Management Practices Manual:
(4)
Other types of stormwater management systems may be located
within the greenway land, but the area of disturbance associated with
such systems shall not count toward the minimum greenway land requirement.
H.
Easements or rights-of-way for overhead power lines shall not
count toward the minimum greenway land requirement.
I.
Specifically prohibited are:
(1)
Use of motorized off-road vehicles (except those vehicles used
for maintenance purposes).
(2)
Shooting ranges.
(3)
Surface mining and quarrying.
(4)
Bicycle use off of paved paths.
(5)
Use or exhibition of fireworks.
(6)
Logging or timber harvesting.
(7)
Any use which may cause erosion, sedimentation, soil compaction
or other effects which could damage the open space or the plants,
animals and water within it.
2.
Greenway Land Design Standards.
A.
Greenway land in all options shall be identified and laid out according to the Four-Step Design Process described in § 22-303, Subsection 3.G, of the Subdivision and Land Development Ordinance, which begins with the identification of Primary and Secondary Conservation Areas.
B.
Greenway land and associated trails shall be laid out in accordance
with consideration of the Township parks, recreation and open space
plan so that over time, an interconnected network of greenway land
and trails will be created.
C.
In Option 1 (Basic Conservation without per Neutral Density)
and Option 2 (Age-Restricted Community), wherein 50% and 60%, respectively,
of the net tract area is set aside as greenway land, which may be
owned by various entities, at least 20% of the net tract area shall
be available for the common use of the subdivision residents.
D.
In Options 3 (Estate Lots) and 4 (Country Properties), greenway
land is permitted, but not required, unless the Township determines
that trails exist which would provide a benefit to residents of the
development. The applicant shall preserve these trails or provide
equivalent pedestrian connections. In establishing the need for such
connections, the Township may consider:
E.
Buffers for Adjacent Public Parkland. Where the proposed development
adjoins public parkland, a natural greenway land buffer at least 150
feet deep shall be provided within the development along its common
boundary with the parkland. No new buildings shall be constructed
within the buffer. Clearing of trees or understory growth shall not
be permitted, except as may be necessary for street or trail construction
or for the removal of invasive plant species.
(1)
Where existing vegetation provides an adequate buffer, as determined
by the Township, the depth may be reduced to 75 feet. Where the net
tract area is less than 10 acres, the buffer depth may be reduced
to 50 feet.
(2)
Where the buffer contains agriculture, turf areas, fallow fields
or other unwooded lands prior to development, the land shall be managed
to establish a natural plant community, which may include meadows,
shrublands or forests. This buffer area shall be managed in accordance
with a plan prepared in accordance with SALDO Appendix 22-D.[1]
F.
Unconstrained greenway land may be used to satisfy the requirement of mandatory dedication of land for on-site park, recreation and open space, as described in SALDO § 22-426, Subsection 2.A(1), where:
(1)
The dedicated unconstrained greenway land is suitable for active
or passive recreation, as defined in Section 202 of this ordinance;
and
(2)
The area provided for recreation use is in an amount equal to
or greater than that which is required to meet the minimum Mandatory
Dedication of Land for On-Site Park, Recreation and Open Space.
3.
Additional Standards.
A.
No portion of any building lot may be used for meeting the minimum
greenway land requirement, except as permitted within conservancy
lots, described in § 27-11.110, Subsection 1.D.
B.
Pedestrian and maintenance access shall be provided to greenway
land in accordance with the following requirements:
(1)
No more than 15 lots shall be contiguous to each other without
a centrally located access point, the width of which shall equal the
minimum width of a lot, or 50 feet, whichever is greater.
(2)
Access to greenway land used for agriculture or horticulture
may be restricted or prohibited for public safety and to prevent interference
with agricultural operations, provided that at least 20% of the greenway
land is available to residents of the development. This 20% may be
in the form of publicly accessible trails through the site.
[Ord. No. 2023-260, 6/12/2023]
Whenever the landowner is providing greenway land as part of
the development, a conservation easement restricting such greenway
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. A Declaration of Deed
Restrictions may also be used in certain applications, in accordance
with Subsection 2 below.
1.
Conservation Easements. Conservation easements are required to protect
greenway lands from further subdivision and development and to conserve
the natural characteristics of such lands. Conservation easements
shall conform to the following minimum requirements:
A.
Easements shall be granted to a land conservancy meeting the
requirements in § 27-11.110, Subsection 1.C. The grantee
shall have the rights of reasonable entry and enforcement.
B.
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.
C.
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.
D.
The uses of property subject to the conservation easement shall be limited by the permitted uses defined by § 27-11.108 of this Part. The following use restrictions shall also apply:
(1)
The property shall not be further subdivided into additional
building lots.
(2)
Construction shall be permitted only in areas specifically designated
in the property description and approved by the Township and the easement
holder. The determination of the need for any additional disturbance
shall lie with the Township and the easement holder.
(4)
Signs, fencing and dumping shall be restricted consistent with
the permitted uses and Management Plan prepared in accordance with
SALDO Appendix 22-D.
E.
The form of the conservation easement shall be acceptable to
and approved by the Township and the authorized representative of
the grantee before final approval of the development plan by the Township.
2.
Declaration of Deed Restrictions. A Declaration of Deed Restrictions
acceptable to the Township may be used in the place of conservation
easements only under the following circumstances and in accordance
with the following standards:
A.
When greenway land totals less than five acres gross area.
B.
If no entity is available to hold a conservation easement on
required greenway land.
C.
The Township shall be a beneficiary of the deed restriction
with enforcement rights.
D.
The Declaration of Deed Restrictions shall be recorded prior
to the recording of the first deed conveying a lot. The Declaration
of Deed Restrictions shall ensure the permanent protection and continuance
of the greenway land and shall define permitted uses.
E.
It shall be clearly stated in the Declaration of Deed Restrictions
that maintenance responsibility for the greenway land shall lie with
the property owner.
[Ord. No. 2023-260, 6/12/2023]
1.
Ownership Options for Greenway Land. The following methods may be
used, either individually or in combination, to own greenway land
and common facilities thereon. Greenway land shall not be transferred
to another entity except as permitted in this section, provided there
is no decrease in the total amount of greenway land. Ownership methods
shall conform to the following:
A.
B.
Homeowners' Association. The greenway land and any common facilities located thereon may be held in common ownership by a homeowners association. If this ownership option is utilized, then all of the requirements, conditions, and other provisions of § 27-1404, Subsection 1.A(6)(c)(1), through (9), inclusive, shall apply and the owner shall demonstrate compliance as to the formation and operation of the homeowners association to the satisfaction of the Township.
C.
Private Conservation Organization or Chester County. Subject
to approval of the Township, an owner may transfer either fee simple
title of the greenway land or easements on the greenway land to a
private non-profit conservation organization or to Chester County,
provided that:
(1)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or the county becomes
unwilling or unable to continue carrying out its functions;
(3)
The greenway land is permanently restricted from future development
through a conservation easement and the Township is given the ability
to enforce these restrictions; and
(4)
A maintenance agreement acceptable to the Township is established
between the owner and the organization or Chester County.
D.
Condominiums. Greenway land and associated facilities may be owned in common by the unit owners as a condominium, the documents for which shall be approved by the Board of Supervisors. Such condominium documents shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended. All greenway land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of Section 27-1404, Subsection 1.A(6)(c). Condominium documents shall be recorded with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium documents with sufficient detail to demonstrate compliance with this section.
E.
Conservancy Lots. These lots are intended to accommodate working
agriculture, tree nurseries, horse farms and other uses where community
or public access is undesirable due to the working nature of the landscape
or where a large setting is desirable for an historic home. Up to
80% of the required greenway land may be located within one or more
privately owned conservancy lots of at least 10 acres provided:
3.
Remedy. Failure to adequately maintain the greenway land in reasonable
order and condition in accordance with the development plan constitutes
a violation of this Part.
A.
In the event that the organization established to maintain the
greenway 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 greenway land in reasonable order and condition, and may direct
the owner to remedy the same within 20 days.
B.
Upon default by any owner or other entity responsible for maintenance
of greenway 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:
(1)
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 greenway
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.
(2)
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 and attorneys' fees incurred by the Township
in collection thereof.
(3)
All such costs of maintenance, remediation, notices, and collection,
including court costs and attorney's fees, shall constitute a
municipal lien and be enforceable as such against the owner or responsible
entity. Notice of such lien shall be filed by the Township in the
office of the Prothonotary of Chester County.
