Within 60 days after completion and Township
approval of subdivision or land development improvements as shown
on final plans and before Township acceptance of such improvements,
the developer shall submit to the Board one Mylar reproducible and
five prints of said plans showing actual dimensions and conditions
of streets and all other improvements, certified by a professional
engineer to be in accordance with actual construction.
The Township shall have no obligation to take
over and make public any street or other improvement in or abutting
a subdivision unless:
A. The required improvements shown on the approved plan
or plans have been constructed to all requirements, as certified by
the Township Engineer.
B. At least 51% of the frontage of all the lots along
a street have been occupied by completed dwellings or other structures.
C. A petition, signed by the owners of at least 51% of
the frontage of the street in question, requesting that the street
and other improvements be taken over and made public, is filed with
the Township.
D. An executed dead of dedication in a form and substance
acceptable to the Township Solicitor is filed with the Township.
E. It is established to the satisfaction of the Board
of Supervisors that there is a need for the improvements to be taken
over and made public.
All lands which have been designated as open
space on any final plan shall remain as open space in perpetuity and
shall be conveyed to the Township or other legal entity as prescribed
below.
A. Conveyance to Tredyffrin Township.
(1) The Township, at its sole discretion, may accept lands or portion of lands intended for open space pursuant to the provisions of §
181-62 above.
(2) In accepting any such open space lands, the Board
of Supervisors may require, as a precondition of acceptance, the improvement
of all or a portion thereof and/or may require the payment of certain
fees for the improvement and continued maintenance of the open space
land.
B. Conveyance to other agencies or legal entities.
(1) Any open space land which is not conveyed to the Township
must be conveyed to a governmental agency (of Chester County, Pennsylvania
or the United States), a corporation, association, conservation group,
community trust, homeowners' or condominium association or other legal
private, nonprofit entity.
(2) The governmental agency or other private nonprofit
entity must be legally constituted to receive, hold and maintain such
open space lands. Where such entity is a corporation or association
of homeowners or condominium owners, the corporation or association
must:
(a)
Be set up before any homes, lots or dwellings
units are sold or leased or otherwise conveyed.
(b)
Require mandatory membership for each buyer
and/or lessee and any successive buyer and/or lessee.
(c)
Be responsible for liability insurance, taxes,
recovery for loss sustained by casualty condemnation or otherwise
and the maintenance of recreational and other facilities.
(d)
Be empowered to prorate all costs and expenses
of development and maintenance of open space and assess such pro rata
costs against members and, in the event of failure of payment of such
pro rata share, to file liens against the real estate owned by delinquent
members.
(e)
Be able to adjust the assessment to meet changing
circumstances.
(f)
Not be dissolved nor shall it dispose of the
open space 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.
(3) The instrument of conveyance of any lands to any governmental
agency or other private nonprofit entity must be approved by the Township
Solicitor and shall include provisions for guaranteeing the following:
(a)
The continued use of such land for the intended
purpose.
(b)
Continuity of proper maintenance for those portions
of the open space requiring maintenance.
(c)
Adequate insurance protection.
(d)
Provisions for payment of applicable taxes.
(e)
Recovery for loss sustained by casualty, condemnation
or otherwise.
(f)
Provision for the Township to assume management
of open space in the event that after a public hearing the Township
shall determine that a corporation, association or other legal entity
shall have failed to properly maintain the open space.
(g)
Such other covenants and/or easements that the
Township shall deem desirable to fulfill the purposes and intent of
this chapter.