Township of East Coventry, PA CONSERVATION SUBDIVISION DESIGN OVERLAY

[Ord. No. 2023-260, 6/12/2023]

Purpose. In addition to the Statement of Community Development Objectives in § 27-102, it is the purpose of this district to:

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.

Contribute to the creation of a community-wide greenway system for the benefit of present and future residents;

Protect productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

Conserve existing landscape character by minimizing views of new development from existing roads, thereby reducing perceived density;

Encourage innovation and promote flexibility, economy and ingenuity in development;

Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties;

Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences;

Provide homes with direct views of greenway land, organized around common greens;

Provide for the conservation and maintenance of greenway land and for active or passive recreational use by residents;

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;

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;

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;

Implement natural resource conservation policies set forth in the Township's 2017 Parks, Recreation and Open Space Plan as updated;

Implement land use, open space, and community policies set forth in the Township's Comprehensive plan.

Development Options. In order to achieve the purposes in Subsection 1 above, the following four development options are permitted by right:

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.

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.

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.

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.

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:

In the FR district, this district shall apply to all residential uses on tracts 10 acres net tract area, or larger.

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.

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.

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.

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.

§ 27-11.102 General Regulations.

[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:

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:

Represented by a single application; and

Presented and approved under a common plan. The entire tract shall be designed in accordance with this Part.

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.

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]

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 27-11.103 Use Regulations.

[Ord. No. 2023-260, 6/12/2023]

Uses Permitted in Options 1 Through 4.

Single-family detached dwellings.

Additional dwelling types in the R-3 District, as set forth in § 27-802, Subsection 1.A through G.

Greenway Land. See uses permitted on greenway land in § 27-11.106, Subsection 1.

Home occupations and no-impact home-based businesses in accordance with §§ 27-1315 and 27-202 and the requirements of the underlying zoning district.

Accessory dwelling units (ADU) in subdivisions utilizing Option 4 Country Properties, on a building lot containing 10 or more acres, subject to the provisions in § 27-11.104, Subsection 3.

Uses set forth in the underlying zoning district.

§ 27-11.104 Maximum Dwelling Units and Minimum Greenway Land.

[Ord. No. 2023-260, 6/12/2023]

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.

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	NTA = Net tract area (see § 27-11.104, Subsection 4).
²	Constrained land calculation, see § 27-11.104, Subsection 4.B.

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.

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:

(1)

Two percent of the required greenway land when the average lot size is 15,000 square feet or more;

(2)

Three percent of the required greenway land when the average lot size is less than 15,000 square feet.

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.

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:

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).

The gross floor area of the ADU shall not exceed 1,500 square feet.

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.

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.

ADUs shall not count toward the density limits set forth in § 27-11.104.

Net Tract Area Approach. Determination of the maximum number of dwelling units shall be based upon the following calculations.

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.

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		=

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

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

(a)

In Option 4, the maximum number of dwelling units equals the gross tract area divided by 10 acres.

(b)

Where calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.

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:

Maximum number of dwelling units permitted in § 27-11.104, Subsection 4.D(3).

Under Option 4 Country Properties, accessory dwelling units permitted in § 27-11.103, Subsection 1.E.

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:

Such dwellings are a Class I or Class II resource;

The dwelling is preserved in accordance with the Secretary of the Interior standards; and

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.

The historic dwelling, or portions thereof, are placed under facade easements, as agreed upon by the Township and the developer.

The proposed new dwelling units meet the standards in this CSD Overlay District.

§ 27-11.105 Dimensional Standards for Options 1 Through 4.

[Ord. No. 2023-260, 6/12/2023]

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	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

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

Design Standards for Options 1 Through 4.

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.

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)

Additional standards in § 22-432, Greenway Land Design Standards, of the Subdivision and Land Development Ordinance shall apply.

§ 27-11.106 Greenway Land: Use and Design Standards.

[Ord. No. 2023-260, 6/12/2023]

Uses Permitted on Greenway Land.

Conservation of open land in its natural state.

Agriculture, as defined by § 27-202 shall be permitted. Intensive agricultural uses, as defined by § 27-202, may be permitted by special exception.

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.

Greens, central commons, picnic areas, benches, community gardens, trails and similar low-impact, passive recreational uses.

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.

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.

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:

(1)

Water Supply Systems.

(a)

Easements for water lines may be counted toward the minimum greenway land requirement.

(b)

Land used for ground-level well structures and associated parking shall not count toward the minimum greenway land requirement.

(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:

(a)

Infiltration basins, including their berms, provided the berms do not exceed 24 inches in height;

(b)

Subsurface infiltration bed;

Infiltration trench;

Rain garden;

Vegetated swale;

Other BMP's as defined in § 22-202 of the Subdivision and Land Development Ordinance.

(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.

Easements or rights-of-way for overhead power lines shall not count toward the minimum greenway land requirement.

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.

Greenway Land Design Standards.

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.

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.

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.

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:

(1)

Implementation of the Township Comprehensive Plan, and/or parks, recreation and open space plan, trail map or Official Map; and

(2)

Trails integral to children's access to schools, parks, community centers and similar amenities.

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]

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

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.

Additional Standards.

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.

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.

Greenway land that is not wooded or farmed shall be landscaped, in accordance with the requirements of SALDO § 22-428 and stewarded or managed per a plan prepared in accordance with SALDO Appendix 22-D.[2]

[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 27-11.107 Greenway Land: Permanent Protection.

[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.

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:

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.

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.

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.

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.

(3)

Allowed construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the Management Plan, prepared in accordance with SALDO Appendix 22-D.[1]

[1]

Editor's Note: See Ch. 22. Subdivision and Land Development.

(4)

Signs, fencing and dumping shall be restricted consistent with the permitted uses and Management Plan prepared in accordance with SALDO Appendix 22-D.

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.

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:

When greenway land totals less than five acres gross area.

If no entity is available to hold a conservation easement on required greenway land.

The Township shall be a beneficiary of the deed restriction with enforcement rights.

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.

It shall be clearly stated in the Declaration of Deed Restrictions that maintenance responsibility for the greenway land shall lie with the property owner.

§ 27-11.108 Greenway Land: Ownership and Maintenance.

[Ord. No. 2023-260, 6/12/2023]

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:

East Coventry Township.

(1)

Fee Simple Dedication to the Township. The Township may, but shall not be required to, accept dedication of any portion of the greenway land, provided that:

(a)

There shall be no cost of acquisition to the Township; and

(b)

The Township agrees to and has access to maintain such greenway land.

(2)

Dedication of Easements to the Township. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the greenway land, provided that:

(a)

There shall be no cost of acquisition to the Township;

(b)

Such easement area shall be accessible to all residents of the Township; and

(c)

The owner and the Township shall enter into a maintenance agreement satisfactory to the Township.

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.

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.

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.

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:

(1)

The greenway land is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in § 27-11.108.

(2)

The easement provides the Township the right, but not the obligation, to enforce these restrictions.

Management Plan.

The greenway land shall be maintained or stewarded pursuant to a plan prepared in accordance with SALDO Appendix 22-D.[1]

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

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.

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.

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.