Collier Township City Zoning Code
PART 20
CONSERVATION SUBDIVISION DESIGN
§ 27-2001 Purpose and Definitions.
[Ord. 687, 8/12/2015]
2001.1.
In addition to the community development objectives in § 27-105 and the goals for the R-1, R-2, R-2-A and R-3 District(s), it is the purpose of this district to:
A.
Conserve open land, including those areas containing unique and sensitive natural features, such as steep slopes; streams and other watercourses; ponds and other water bodies; floodplains; and wetlands, by setting them aside from development;
B.
Decrease the risks of flooding in the Township and in downstream communities and reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on floodplains and steep slopes;
C.
Minimize the risks of landslides by limiting disturbance of land containing steep slopes and slide-prone soils;
D.
Preserve a variety of natural and cultural resources within an interconnected greenway system for the benefit of present and future residents;
E.
Conserve land that creates and enhances opportunities for active or passive recreation by residents;
F.
Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences;
G.
Protect property values by establishing standards that encourage quality construction that is compatible with surrounding residential development;
H.
Reduce development costs and future municipal maintenance costs by providing for the clustering of houses and for greater design flexibility and efficiency in the siting of services and infrastructure, including reductions in the length of roads, utility runs, and impervious surface cover required for residential development;
I.
Create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with strong neighborhood identity;
J.
Conserve scenic views and minimize perceived density, by minimizing views of development from existing roads; and
K.
Implement the adopted land use and conservation goals and objectives established in the Comprehensive Plan.
2001.2. GREENWAY LAND GROSS TRACT AREA MAJOR SUBDIVISION MINOR SUBDIVISION PRIMARY CONSERVATION AREAS SECONDARY CONSERVATION AREAS
When used in this Part, the following terms shall have the following meanings:
The portion of a site area that is set aside for the protection of natural features, farmland, scenic views, and other valuable features.
The acreage within a legally described parcel minus existing public or private road rights-of-way.
A subdivision containing four or more lots, or any subdivision, regardless of the number of lots, which involves the creation, extension or improvement of any public street.
A subdivision containing not more than three lots, all of which have frontage on an improved public street, and which subdivision does not involve the construction or improvement of any public street, but which may or may not involve the extension or creation of any other public improvements and which does not adversely affect the future development of the remainder of the parcel or any adjoining property.
Shall consist of wetlands; streams and other watercourses; ponds and other water bodies; floodplains; steep slopes greater than 25%; and slide-prone areas.
Shall consist of important natural and/or cultural features on the site area, in addition to the primary conservation areas, that are identified during the four-step design process under the Subdivision and Land Development Ordinance [Chapter 22]. They shall include, but not be limited to, mature woodlands; moderately steep slopes of 15% up to 24.99%; natural heritage areas identified in the Natural Heritage Inventory; historic features such as old stone walls and foundations; prime agricultural soils, and areas providing scenic vistas.
§ 27-2002 Applicability.
[Ord. 687, 8/12/2015]
2002.1.
Conservation subdivision design may be utilized within the R-1, R-2, R-2-A and R-3 Zoning Districts for any major subdivision; provided, however, that the site area must be served by, or can be connected at the developer's expense to, public sewers and public water.
2002.2.
Conservation subdivision design shall not apply to minor subdivisions.
§ 27-2003 Uses Permitted Within Conservation Subdivisions.
[Ord. 687, 8/12/2015]
2003.1.
Principal Uses.
A.
Principal uses in conservation subdivisions shall be the same as those identified as permitted uses in Parts 5, 6 and 7. No principal uses identified as conditional uses or uses by special exception in the underlying district shall be allowed in a conservation subdivision, except those uses identified as permitted within greenway land under § 27-2009 below.
B.
The number of units other than single-family dwellings shall be limited to a percentage of the maximum number of dwelling units calculated in § 27-2004 below, according to the following table:
Table 27-20-1 | ||
|---|---|---|
Maximum Non-Single-Family Units | ||
District | Percentage of Non-Single-Family Units | |
R-1* | 20%* | |
R-2/R-2-A | 30% | |
R-3 | 50% | |
*A minimum site area of 15 acres shall be required in the R-1 District before non-single-family units can be included. |
2003.2.
Accessory Uses.
A.
Accessory uses in conservation subdivisions shall be the same as those permitted by right in the underlying districts as provided for in Parts 5, 6, 6A and 7. They shall be permitted on the same lot customarily incidental to any permitted use and not conducted as an independent principal use. No accessory uses identified as conditional uses or special exceptions in the underlying district shall be allowed in conservation subdivisions except for home occupations or those uses identified as permitted within greenway land under § 27-2009 below.
§ 27-2004 Maximum Number of Dwelling Units.
[Ord. 687, 8/12/2015]
2004.1.
For purposes of calculating the overall density for any conservation subdivision, the applicant shall first calculate the number of dwelling units that would be permitted if the site were developed as a conventional subdivision in the underlying district after accounting for the terrain and land needed for roads, stormwater systems and other infrastructure. This calculation shall be performed using the following process:
A.
Calculate the gross tract area of the site area.
B.
Determine the constrained land according to the formula in § 27-2008 below, and subtract that amount from the gross tract area.
C.
Multiply the result by 0.90 to account for that portion of the developable land that must be set aside for roads, utilities, stormwater retention basins and other necessary infrastructure, and convert the result to square feet.
D.
Divide the result by the minimum lot size that applies to conventional single-family dwellings with utilities in the zoning district where the site area is located.
2004.2.
To obtain the maximum number of dwelling units permitted, multiply the result obtained under Subsection 2004.1 above by the appropriate density factor set forth in the following table, and round the result to the next-lowest number.
Table 27-20-2 | ||
|---|---|---|
Density Factors | ||
District | Density Factor | |
R-1 | 1.1 | |
R-2/R-2-A | 1.25 | |
R-3 | 1.5 | |
§ 27-2005 Discretionary Density Bonus.
[Ord. 687, 8/12/2015]
2005.1.
To encourage the voluntary dedication of land for public use in new subdivisions (including, but not limited to, trails, parks, and active and passive recreation areas), the Township may permit additional density in accordance with the following standards:
A.
A maximum of one dwelling unit per eight acres of greenway land or per 2,500 linear feet of trail that is made publicly accessible. This density bonus applies only to land dedicated in addition to any land dedicated pursuant to mandatory dedication requirements for park and recreation purposes if adopted by the Township.
2005.2.
The decision as to whether to accept a dedication of land for public access under this section shall be at the sole discretion of the Township.
§ 27-2006 Design Standards for Residential Lots.
[Ord. 687, 8/12/2015]
2006.2.
The layout of lots, streets, trails and other development features shall be determined in accordance with the four-step process set forth in § 22-6A04 of the Subdivision and Land Development Ordinance. No portion of any lot shall encroach upon greenway land.
2006.3.
All new dwellings shall meet the following setback requirements from off-site features:
Table 27-20-3 | ||
|---|---|---|
Setbacks from Off-Site Features | ||
Feature | Setback (feet) | |
External road rights-of-way | 100 | |
All other site area boundaries | 50 | |
Cropland or pasture land | 100 | |
Active recreation areas | 150 | |
Buildings or barnyards housing livestock | 300 | |
2006.4.
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the buffer area and landscaping requirements of this chapter.
2006.5.
House lots shall be directly accessed from interior public streets rather than from external roads bordering the site area unless access from an interior road would interfere with greenway land or is not feasible due to topography or other features. All interior streets within conservation subdivision shall be public streets.
2006.6.
At least 60% of the units shall have views of greenway land.
2006.8.
To achieve a varied nonrepetitive line of buildings along the street, random and variable front setbacks are required such that no more than two contiguous lots may have the same front building setback. The third lot shall include no less than a five-foot nor more than a ten-foot variation from the lots adjacent to it. The variable front setback requirement may be modified by the Board of Commissioners upon request of the applicant based on topographic, environmental, vegetation, or other factors unique to the site.
§ 27-2007 Design Standards for Two-Family and Multifamily Units.
[Ord. 687, 8/12/2015]
2007.1.
Applicability. When a conservation subdivision contains multifamily dwellings, they shall be designed in accordance with the requirements of this section. No site plan approval shall be granted, nor building permit issued, until these design standards are met, except as provided herein. In the event that there are conflicting standards with other provisions of other Township ordinances, the stricter standards shall apply.
2007.2.
Purpose. The Township is establishing design standards for multifamily buildings to achieve the following purposes:
A.
To protect the Township from unregulated construction of inferior and unsuitable buildings that are more prone to damage caused by fire, flood, high winds and other natural disasters that can result in physical injury to residents of those buildings.
B.
To preserve, enhance, and balance the environmental, social, cultural and aesthetic values desirable in a conservation subdivision while promoting the development of a variety of high-quality housing choices consistent with the objectives of the adopted Comprehensive Plan.
C.
To protect property values of adjoining lower-density residential properties from inferior and incompatible construction.
D.
To promote development that is harmonious with surrounding sites and preserve the sense of community.
E.
To increase the overall economic tax base of the Township by attracting quality development.
F.
To create and add to the visual interest of the Township's streets by ensuring quality and consistency in architectural character and style; avoiding featureless building massing; providing design details to reduce the visual scale of large multifamily buildings; achieving unity of design through the use of similar materials; and ensuring use of durable and attractive building materials.
2007.4.
Building Spacing. Spacing between multifamily buildings shall guarantee adequate light, air and emergency access. For any subdivision or land development containing two or more multifamily buildings of one or more types on a single lot, side and rear yard setbacks shall not apply between buildings and shall be replaced by a minimum building spacing of 30 feet between adjacent building side walls and 50 feet between a rear wall and any point on an adjacent building wall. Setbacks shall continue to apply to any building abutting a front, side or rear lot line unless a special setback from off-site features under § 27-2006.3 above applies.
2007.5.
Building Mass and Form.
A.
All multifamily buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet (See Figure 1).
Figure 1 - Examples of Varied Roof Planes and Wall Surfaces  |
B.
The facades of townhouses should be articulated to differentiate individual units.
C.
Two-Family and Small Multifamily Buildings. To the maximum extent practicable, the massing and use of exterior materials on two-family dwellings, duplexes, triplexes and fourplexes should be arranged so as to give the building the appearance of a large single-family home (See Figure 2).
Figure 2 - Examples of Multifamily Buildings Resembling Single-Family Homes  |
2007.6.
Building Materials.
A.
Exterior Materials.
(1)
For all multifamily buildings, an amount equal to 75% of the total net exterior wall area of each building elevation, excluding gables, windows, doors, and related trim, shall be brick, stone, or natural wood.
(2)
Brick or stone to grade foundations shall be required for all multifamily buildings.
(3)
Upon approval by the Township, a man-made material may be substituted for some or all of the required brick, stone or wood, provided the applicant can demonstrate that:
(a)
The material is widely available and has been used for the same purpose in similar structures elsewhere;
(b)
The material is durable and can withstand the weather conditions typical for the region; and
(c)
The material looks sufficiently similar to brick, stone or wood and is compatible with other exterior materials being used for the building exterior.
B.
Roof Materials. Predominant roof materials shall be high-quality, durable material, such as, but not limited to: clay or concrete tiles, composition shingles, and asphalt shingles.
2007.7.
Accessory Buildings to Multifamily Dwellings.
A.
Detached garages, carports and other accessory structures, including, but not limited to, grouped mailboxes, storage and maintenance facilities, recreational facilities, picnic shelters, and gazebos, shall incorporate compatible materials and scale as the primary multifamily buildings, except that flat and shed roofs are prohibited.
B.
Rear walls of detached garages and carports that back onto the street shall be articulated through the use of windows, trellises, or a variety of roof planes.
§ 27-2008 Calculation of Required Greenway Land.
[Ord. 687, 8/12/2015]
2008.1.
Adjusted Tract Area. In determining the amount of the site area that must be set aside as greenway land, the applicant shall undertake a site analysis and calculate the adjusted tract area as follows:
A.
Determine the amount of constrained land on the site area in accordance with the Table 27-20-4:
Table 27-20-4 | ||||
|---|---|---|---|---|
Constrained Land Calculation | ||||
Resource | Number of Acres | Protection Factor | Constrained Land (Acres) | |
1. | Land within the rights-of-way for existing utility lines | x 1.0 | = | |
2. | Existing protected open space (such as easements) | x 1.0 | = | |
3. | Wetlands, lakes, ponds and other water bodies | x 1.0 | = | |
4. | Floodway of streams and other watercourses | x 1.0 | = | |
5. | 100-year floodplains | x 0.5 | = | |
6. | Steep slopes 15% - 24.99%* | x 0.5** | = | |
7. | Steep slopes 25% - 40%* | x 0.75** | = | |
8. | Steep slopes > 40%* | x 0.95** | = | |
Constrained land = Sum of 1 through 8 | ||||
NOTES: | |
|---|---|
* | Excluding areas of contiguous slopes less than 100 square feet. |
** | These percentages consistent with the steep slope controls of § 27-2111. |
*** | If a portion of the site area contains more than one feature subject to a density factor, that acreage shall be subject to the most-restrictive density factor. |
B.
The site analysis shall map and estimate the acreage of all site features listed in the table above. If a portion of the site area contains more than one feature subject to a density factor, that acreage shall be subject to the most-restrictive density factor.
C.
The adjusted tract area equals the gross tract area minus the constrained land:
Table 27-20-5 | |||
|---|---|---|---|
Adjusted Tract Area Calculation | |||
Gross Tract Area | Constrained Land | Adjusted Tract Area (ATA) | |
— | = | ||
2008.2.
Minimum Land Requirement for Greenways. The minimum amount of greenway land within a conservation subdivision shall be the total acreage of constrained land plus a portion of the adjusted tract area.
A.
If the amount of constrained land calculated under Table 27-20-4 above is equal to or greater than 65% of the gross tract area, then the minimum greenway land shall be calculated in accordance with the formula in Table 20-6.
Table 27-20-6 | |||
|---|---|---|---|
Greenway Land Calculation for Very Constrained Site Areas | |||
Constrained Land (> 65% of Gross Tract Area) | 5% x ATA | Minimum Greenway Land | |
+ | = | ||
B.
If the amount of constrained land calculated under Table 27-20-4 above is less than 65% of the gross tract area, then the minimum greenway land shall be calculated using Table 27-20-7 below; provided, however, that minimum greenway land shall not exceed 70% of gross tract area.
Table 27-20-7 | |||
|---|---|---|---|
Greenway Land Calculation for Less-Constrained Site Areas | |||
Constrained Land (< 65% of Gross Tract Area) | 40% x ATA | Minimum Greenway Land (but not > 70% Gross Tract Area)* | |
+ | = | ||
NOTES: | ||
|---|---|---|
* | But greenway land shall not exceed a maximum of 70% of the gross tract area. | |
Table 27-20-8 | ||
|---|---|---|
Calculate Maximum Number of Dwelling Units | ||
1. | Take gross tract area | |
2. | Subtract constrained land; if in acres, convert to square feet | |
3. | Multiply result by 0.90 to account for land that must be set aside for roads and other infrastructure | |
4. | Divide by minimum lot size for conventional single-family dwellings (R-1 = 20,000; R-2/R-2-A = 16,000, R-3 = 12,000) | |
5. | Multiply result by the corresponding density factor (R-1 = 1.1; R-2/R-2-A = 1.25; R-3 = 1.5) | |
6. | Round result to next-lowest number | |
7. | Maximum number of dwelling units = | |
Table 27-20-9 [Amended by Ord. No. 716, 11/23/2020] | ||
|---|---|---|
Determine if Maximum | ||
1. | Take gross tract area | |
2. | Subtract minimum greenway land (calculated under Subsection 2008.2A above) | |
3. | Equals buildable area | |
4. | Divide by maximum = dwelling units (calculated under Subsection 2008.2B above) | |
5. | Compare result to minimum lot size for CSD single-family (R-1 = 12,000; R-2/R-2-A = 10,000; R-3 = 8,500) | |
6. | If buildable area cannot accommodate all single-family, determine if incorporating allowable % of multifamily would work: | |
District | Max % Multifamily | Minimum Lot Size (square feet) | |
|---|---|---|---|
R-1 | 20% | 2-family — 8,000/du | |
R-2 / R-2-A | 30% | 2-family — 6,000/du | |
R-3 | 50% | 2-family, triplex, fourplex — 5,000/du Townhouse — 5,000/du Garden apartment — 4,000/du |
§ 27-2009 Uses Permitted within Greenway Land.
[Ord. 687, 8/12/2015]
2009.1.
The following uses are permitted within greenway land:
A.
Conservation of open land in its natural state.
B.
Agricultural and horticultural uses, including raising crops, and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
C.
Forest preserves, arboreta, and other similar uses.
D.
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 50% of the minimum required greenway land.
E.
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry as published by the Pennsylvania Bureau of Forestry, and in conformance with the requirements of § 27-2112, Timber Harvesting Controls.
F.
Village greens, central commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses.
G.
Active noncommercial recreation areas, such as playgrounds, playing fields and courts for nonorganized sports, provided such areas do not consume more than 50% of the minimum required greenway land or five acres, whichever is less. Such recreational uses shall meet the following standards:
(1)
Playing fields, playgrounds, and courts shall not be located within 100 feet of properties abutting the site area; and
(2)
Minimum parking facilities for the same, as determined by the Township, may also be permitted. Such lots may be surfaced with porous material and shall be unlighted, properly drained, and provide safe ingress and egress.
H.
Golf courses, when permitted in the underlying zoning district, may comprise up to 50% of the minimum required greenway land but shall not include driving ranges or miniature golf. Clubhouse facilities and parking areas may be located within greenway land but shall not count toward the minimum greenway land requirement.
I.
Water supply systems and stormwater "best management practices" facilities, excluding lagoons, structures and access areas, provided such facilities do not occupy more than 25% of the required greenway land.
J.
Easements for drainage, access, sewer or water lines, or other public purposes. Overhead power line easements or rights-of-way shall not be counted toward the minimum greenway land requirement.
2009.3.
Conditional Uses. Improvements of greenway land designed for organized active recreation, such as playing fields, courts, swimming pools, and any supporting building, structures, driveways and parking areas, may be permitted as conditional uses, provided they do not occupy more than 10% of the required greenway land and do not interfere with the purposes set forth in § 27-2001 of this Part as determined by the Township.
§ 27-2010 Greenway Design Standards.
[Ord. 687, 8/12/2015]
2010.1.
Greenway land shall be laid out in accordance with the four-step process set forth in § 22-6A04 of the Subdivision and Land Development Ordinance [Chapter 22]. It shall consist of a mixture of primary conservation areas, all of which must be included, and secondary conservation areas, which shall be prioritized and added to meet the minimum amount of greenway land calculated under § 27-2008 above.
A.
The location of greenway land shall also be generally consistent with the recommendations of the Township's Comprehensive Parks, Recreation and Open Space Plan. Design of greenway land shall ensure that, over time, an interconnected network of greenway land will be created.
B.
Buffers for Adjacent Public Parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed. Clearing of trees and understory growth shall not be conducted (except as may be necessary for street or trail construction). Where this buffer is not wooded, the Township may require vegetative screening to be planted.
§ 27-2011 Other Greenway Land Requirements.
§ 27-2012 Permanent Protection of Greenway Land.
[Ord. 687, 8/12/2015]
2012.1.
Conservation Easements. Prior to final approval of any conservation subdivision in the Township, the landowner and the Township (or a qualified land trust acceptable to the Township) shall execute a conservation easement that protects the greenway land in perpetuity from further subdivision or development. Conservation easements shall conform to the following requirements:
A.
The conservation easement shall be granted to the Township (or to the county or a private conservation organization meeting the requirements of § 27-2013 below). The grantee shall have the rights of reasonable entry and enforcement.
B.
The property to be eased shall be described by metes and bounds, by an exhibit containing the subdivision plan designating the property, and by photographs which illustrate the nature and character of the property and any special natural features identified during the four-step process.
C.
Grantors shall declare that the terms of the easement run with the land and bind the property in perpetuity for the benefit of the grantee.
D.
The uses of the eased property shall be limited to those permitted uses provided in § 27-2009.1 above and any conditional uses approved by the Township. The following use restrictions shall also be stated in the easement:
[Amended by Ord. No. 716, 11/23/2020]
(1)
The property shall not be further subdivided.
(2)
Construction shall be permitted only in areas specifically designated in the property description and approved by the Township.
(3)
Cutting and removal of vegetation, including trees, shall be prohibited except where necessary to maintain the original characteristics of the land, to comply with an approved management plan, to allow for construction activities approved by the Township, and as otherwise permitted by the Township.
(4)
Signs, fencing and dumping shall be restricted consistent with the permitted uses and natural characteristics of the property.
E.
In addition to the minimum requirements listed above, conservation easements shall be satisfactory in form and content to the Township Solicitor and the Township Engineer and shall contain whatever terms and restrictions are deemed appropriate by the Township given the particular conditions presented by the property. The Township shall be guided by the Comprehensive Plan and the Comprehensive Parks, Recreation and Open Space Plan, as appropriate.
F.
Provisions pertaining to remedies, liability, indemnification and other relevant subjects shall be approved by the grantor, the Township and an authorized representative of the grantee (if other than the Township) before final approval of the development plan by the Township.
2012.2.
Deed Restrictions. Deed restrictions may be used in place of conservation easements only when greenway land totals less than five acres. The deed restriction shall ensure the permanent protection and continuance of the greenway land and shall define permitted uses. It shall clearly state that maintenance responsibility for the greenway land lies with the property owner. Such deed restrictions shall be satisfactory in form and content to the Township Solicitor and the Township Engineer.
§ 27-2013 Ownership and Maintenance of Greenway Land and Common Facilities.
[Ord. 687, 8/12/2015]
2013.1.
Ownership Options. Subject to review and approval by the Township Solicitor, the following methods may be used, either individually or in combination, to own common facilities and greenway land. Greenway land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no decrease in the total greenway land. Ownership methods shall conform to the following:
A.
Township.
(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. In such cases, the facility remains in the ownership of the community association or private conservation organization while the Township holds the easements. In addition, the following regulations shall apply:
B.
Community Association. Greenway land and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association. Community association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a homeowners' association document) or the Pennsylvania Uniform Condominium Act (as to a condominium association document), as the case may be. The community association document shall include, but not be limited to, the following:
(1)
A description of the common greenway land to be owned by the community association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the common greenway land.
(2)
Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.
(3)
A declaration of covenants, conditions, and restrictions (declaration), giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. The declaration shall give power to the community association to own and maintain the common greenway land and to make and enforce rules.
(4)
Statements prescribing the process by which community association decisions are reached and setting forth the authority to act.
(5)
Statements requiring each owner within the subdivision or land development to become a member of the community association.
(6)
Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.
(7)
Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.
(8)
A process of collection and enforcement to obtain funds from owners who fail to comply.
(9)
A process for transition of control of the community association from the developer to the unit owners.
(10)
Statements describing how the common greenway land of the community association will be insured, including limit of liability.
(11)
Provisions for the dissolution of the community association.
(12)
Agreements for the maintenance of stormwater management facilities.
(13)
Agreements for the maintenance and operation of water supply and wastewater treatment facilities.
C.
Private Conservation Organization or the County. With permission of the Township, an owner may transfer either fee-simple title of the greenway land or easements on the greenway land to a private nonprofit conservation organization or to the 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 the county.
2013.2.
Management Plan.
A.
Unless otherwise agreed to by the Township, the cost and responsibility of maintaining greenway land shall be borne by the property owner, community association, or conservation organization.
B.
The applicant shall, at the time of preliminary plan submission, provide a plan for management of greenway land in accordance with the following requirements:
(1)
The plan shall define ownership.
(2)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of greenway land, including, but not limited to, lawns, playing fields, meadow, pasture, cropland, woodlands, riparian corridors and trails.
(3)
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land on an ongoing basis. Such plan shall include the means for funding long-term capital improvements as well as yearly operating and maintenance costs.
(4)
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of greenway land for up to one year.
(5)
Any changes to the plan shall be approved by the Township.
2013.3.
Management Standards. A management plan meeting the requirements of § 22-6A03 of the Subdivision and Land Development Ordinance shall be submitted and filed as part of the approved development plan. Failure to adequately maintain the greenway land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.
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 with its own staff or with the use of a third-party contractor 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 incurred by the Township in collection thereof.
(3)
All such costs of maintenance, remediation, notices, and collection, including court costs and attorneys' 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 the county.
§ 27-2014 Greenway Land: Performance and Maintenance Bonds.
[Ord. 687, 8/12/2015]
Where intended as common or public amenities, all landscape improvements, plantings, trails, and recreational facilities within greenway land shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover the costs of installation of such improvements in the greenway land. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by the municipal Subdivision and Land Development Ordinance [Chapter 22]. A greenway improvements maintenance bond or other security acceptable to the Township Solicitor shall be submitted in accordance with § 22-706 of the Subdivision and Land Development Ordinance. Any such bonds or other security required herein are not intended to duplicate any bond or financial security provided pursuant to § 22-6A03 of the Subdivision and Land Development Ordinance.
§ 27-2015 Compliance with Standards and Procedures of Subdivision and Land Development Ordinance.
[Ord. 687, 8/12/2015]
All applications for a conservation subdivision shall be governed by standards and procedures stated within Part 6A of Chapter 22, Subdivision and Land Development. In the event that there are conflicting requirements between the provisions of this Part and those stated within the Subdivision and Land Development Ordinance for major subdivisions, the provisions of this Part shall prevail.