East Coventry Township
City Zoning Code
City Zoning Code
PART 14
CONDITIONAL USE PROCESS
§ 27-1401 Requirements and Procedures.
[Ord. 147, 8/11/2008, § 1400; as amended by Ord. 172, 2/14/2011, § VII]
1.
Nothing in this section shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the Subdivision and Land Development Ordinance [Chapter 22], or other applicable ordinances.
2.
The requirements of this section and the standards for specific types of conditional uses found elsewhere in this chapter shall be deemed an element of the definition under which a conditional use permit may be granted. The failure of the applicant to demonstrate compliance with these requirements, at the discretion of the Board of Supervisors, can be deemed either a basis for establishing conditions or limitations on an approval or the basis for a denial of a conditional use application.
3.
General Requirements.
A.
An application for a conditional use shall be filed with the Township and presented to the Board of Supervisors and shall state the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property to be affected by the proposed conditional use application.
(3)
Evidence of authorization to act on behalf of the property owner(s) where the applicant is other than a legal or equitable owner of the property.
(4)
A description and location of the property on which the conditional use is proposed.
(5)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(6)
A statement of the section(s) of this chapter that authorizes the conditional use and the standards and other requirements for the design of said conditional use.
(7)
A narrative description of the site's suitability for the proposed use or development.
(8)
An accurate description of the proposed improvements, additions, uses and development proposed to be made under the application indicating the size of such proposed improvements and additions and the materials and general construction thereof. In addition there shall be attached a plot plan of the property in question, indicating the location and size of the improvements now erected thereon, the location and size of the improvements proposed to be erected thereon and the location of the proposed uses and development.
(9)
A narrative description of the proposed use or developments consistency with the purposes and objectives of the Comprehensive Plan.
(10)
A narrative description of the proposed use or developments consistency with the character of the surrounding uses and the Township in general.
B.
An application for a conditional use shall be filed with the Township on such forms as may be prescribed for such purpose and shall be accompanied by the application fee, as adopted by resolution of the Board of Supervisors from time to time. No application shall be received for filing unless accompanied by the required fee.
4.
Procedures.
A.
Upon receipt of a complete application for conditional use approval per Subsection 3, above, the Township shall submit the application for recommendation to the Planning Commission. Upon receipt of the application, the Planning Commission shall review the conditional use request with the applicant at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission. In either case, such review shall take place within 45 days of submittal to the Planning Commission, including the forwarding of any recommendations to the Board of Supervisors. The Planning Commission may extend its period of deliberation beyond 45 days upon written authorization by the applicant. If the Planning Commission does not transmit its recommendations to the Board of Supervisors by the date set by the Board of Supervisors for public hearing for consideration of the conditional use application, the Board of Supervisors shall proceed to consider such application without the recommendation of the Planning Commission. Should the applicant submit new or revised plans for development under the application for conditional use approval during the period of review by the Planning Commission, the forty-five-day review period shall start anew and prior plans shall be deemed withdrawn.
B.
After review by the Planning Commission, the Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:
(1)
Notice of the hearing shall be given to the public by publication in a newspaper of general circulation in the Township in accordance with the requirements for public notice established in the Municipalities Planning Code. Abutting property owners shall be notified in writing no less than 20 days prior to the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Zoning Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the date of the hearing. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date the application is filed with the Township, and said hearing shall be completed within 100 days after the completion of the applicant's case in chief, unless extended by written authorization from the applicant. The hearing may be conducted by the Board of Supervisors, a member of the Board of Supervisors, or an independent attorney appointed by the Board of Supervisors.
(2)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors and any other person, including civic or community organizations, permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties submit written requests on such forms as the Board of Supervisors may provide for that purpose.
(3)
The Chairman or Acting Chairman of the Board of Supervisors shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4)
Formal rules of evidence shall not apply but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a record of the hearing proceedings. Copies of the stenographic or graphic material received in evidence shall be made available to the Township at no cost thereto, and to any party at cost.
(6)
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for the final decision.
(7)
A copy of the final decision shall be delivered to the applicant and the parties before the Board of Supervisors personally or mailed to them not later than the day following the date of the decision.
(8)
Appeals from a determination of the Board of Supervisors pursuant to any application for a conditional use shall be only as prescribed and within such times permitted by the applicable provisions of the Municipalities Planning Code.
C.
In granting conditional use approval, where such use is authorized under this chapter, the Board of Supervisors may also attach such conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter. Conditional uses shall be subject to compliance with the particular standards contained in this chapter and criteria defined in the application review process. The standards described shall be deemed additional and shall in no way impair any other applicable standard from this chapter or any other Township ordinance. The applicant shall be responsible for demonstrating compliance with all standards and criteria required for conditional use approval. The conditions of approval may include, but need not be limited to:
D.
The applicant shall have the burden to prove by a preponderance of the evidence that the proposed use will comply in all respects with this chapter and other applicable Township ordinances, and county, state or federal legislation. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, the reasonable and necessary charges for which shall be borne by the applicant. When the applicant does not provide information as required, then it shall be presumed that the proposed use is not in accordance with the requirements applicable for the granting of conditional use approval.
E.
Any grant of conditional use approval shall be deemed null and void 24 months from the date of such approval if, within that period, no application is made for a building permit, or subdivision or land development approval, as appropriate, unless so extended by the Board of Supervisors.
Any request to extend the twenty-four-month expiration period shall be properly filed with the Zoning Officer 30 days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in the conditional use application or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension. The Board of Supervisors may grant up to one additional twenty-four-month extension provided a reasonable argument is presented. No more than one such extension shall be granted per conditional use approval. |
§ 27-1402 Additional Requirements for Specified Conditional Uses.
[Ord. 147, 8/11/2008, § 1401; as amended by Ord. 205, 12/14/2015, § XXXVIII]
1.
In addition to the requirements and procedures established in § 27-1401, herein, the following requirements shall be applicable to conditional uses as specified in this chapter:
A.
Ownership. The tract of land under application for a conditional use approval shall be in single ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If the ownership of the entire tract is held by more than a single person or entity, the application shall identify and be filed on behalf of all of the owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of all or any portion of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.
B.
Sewer and Water Facilities. The applicant shall demonstrate evidence of adequate water supply and sewage disposal capability. The tract of land shall be served by a water supply system and a sewage system deemed acceptable by the Board of Supervisors upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with §§ 22-421 and 22-422 of the Subdivision and Land Development Ordinance [Chapter 22] and the East Coventry Township Sewage Facilities (Act 537) Plan.
C.
Development Stages and Permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
D.
Stormwater Management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract, shall be accomplished in accordance with the provisions of Chapter 9, "Grading and Excavating," Part 1, "Stormwater Management," of the East Coventry Township Code of Ordinances.
E.
Covenants and Restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
F.
Conditional Use Development and Landscape Plans.
(1)
The application for conditional use approval shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall be prepared with sufficient detail to adequately illustrate the proposed development uses and non-development uses of the tract, including (where appropriate), reserve areas for possible future expansion; coordinated internal and external vehicular and pedestrian circulation; well related, convenient and efficient parking and loading areas; agreeable surroundings that provide comfort, safety, and convenience for prospective residents, customers, and/or workers; and high quality design in terms of building relationship, facade treatment, signage, lighting, landscaped and planted buffers and screens, as well as other natural and constructed amenities in furtherance of the comprehensive planning objectives of the Township.
G.
Natural and Cultural Resources Analysis. The applicant shall provide an inventory of the tract's natural features and systems, cultural resources, and visual amenities that may be impacted by the proposed conditional use. The inventory shall be prepared in graphic (at a scale of one inch equals 100 feet) and narrative form on the site or in such proximity as to be affected by the proposed conditional use:
(1)
Surface waters.
(2)
Natural drainage patterns, including swales, intermittent streams, etc.
(4)
Wetlands under the jurisdiction of the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers.
(5)
Soils with seasonably high water table.
(6)
Soils with shallow depth to bedrock.
(7)
Geologic formations, particularly in relation to areas of groundwater recharge.
(8)
Biotic resources as mapped and described in the Open Space, Recreation, and Environmental Resources Plan, and patterns of vegetation, including tree masses, rare or extraordinary individual species, any tree of eight inches or greater DBH and areas serving as habitat for wildlife (species of wildlife dependent upon the site for habitat shall be identified).
(9)
Scenic resources as mapped and described in the Open Space, Recreation, and Environmental Resources Plan, and any other visual amenities of the site (e.g., topography, vegetation, water) considered unique, scenic, and/or that should be incorporated into the design of any future use.
(10)
Sites and structures of historical or cultural significance including, but not limited to, those sites recorded in the Open Space, Recreation and Environmental Resources Plan, the Comprehensive Plan, the Historic Resources Inventory, and the Chester County Historic Sites Survey of 1982.
The applicant shall indicate how any or all of the inventoried resources will be affected by the proposed development, and shall describe mitigating measures to be employed in addressing these impacts. The development impacts and the proposed mitigating measures shall be described in narrative form, and their locations on the site and beyond shall be mapped at a scale of one inch equals 100 feet. |
H.
Traffic Analysis. The Board of Supervisors, at its sole discretion, may require the applicant to provide traffic studies demonstrating feasible compliance with the objectives of this chapter and the Comprehensive Plan. Such studies shall estimate traffic volumes, turning movements, and levels of service at intersections, and potentially unsafe conditions existing prior to development as well as may be reasonably expected to occur after proposed development and shall suggest action(s) to mitigate any anticipated reduction of level of service or other negative impact to traffic conditions resulting from development as proposed. In addition the Township shall engage its traffic engineer to review such traffic analyses provided by the applicant and to conduct traffic studies as the traffic engineer may deem necessary. The applicant shall reimburse the Township for such traffic analyses as may be conducted by the Township's traffic engineer. In granting conditional use approval, the Board of Supervisors may attach conditions requiring specific improvements to provide for safe and convenient access for residents, visitors, employees, and emergency service personnel and vehicles.
I.
Fiscal Impact Assessment. The Board of Supervisors, at its sole discretion, may require the applicant to provide an assessment of the economic and fiscal impacts that will result from the proposed development. The assessment shall include a profile of the Township, county and school district revenues to be generated by the proposed development and the costs that it will impose on the Township, county and school district. The information shall be related to the initial, if staged, and completed subdivision or land development.
J.
Community Facilities and Services Assessment. The Board of Supervisors, at its sole discretion may require the applicant to provide an assessment of the facility and service needs required for the proposed development. Where applicable, the assessment shall consider, in terms of existing capabilities and the need for additional or expanded capabilities, the following:
§ 27-1403 Criteria for Review of Conditional Use Applications.
[Ord. 147, 8/11/2008, § 1402]
1.
The following criteria shall be used by the Planning Commission and the Board of Supervisors in evaluating a proposed conditional use. It shall be the burden of the applicant to demonstrate compliance with all applicable criteria:
A.
An applicant for conditional use approval shall have the burden of demonstrating to the satisfaction of the Board of Supervisors that provision is made to adequately reduce or minimize any noxious, offensive, dangerous or hazardous feature or features thereof, as the case may be. The Board of Supervisors may deny conditional use approval where the applicant has failed to do so or where any use otherwise is deemed to be dangerous or potentially dangerous to the public health, welfare or safety or which constitutes or may constitute a public hazard whether by fire, explosion or otherwise.
B.
The use(s) proposed shall be limited to those authorized as conditional uses within the zoning district in which the lot or parcel is situated. The property subject to a conditional use application shall be suitable for the use desired.
C.
The size, scope, extent and character of the conditional use desired shall be consistent with the spirit, purposes and intent of the Comprehensive Plan, the Open Space, Recreation and Environmental Resources Plan, and this chapter.
D.
The proposed use at the location set forth in the application shall be in the public interest and serve the public health, safety and general welfare.
E.
Consideration of the character and the type of development in the area surrounding the location for which the request is made, and a determination that the proposed use is appropriate in the area and will not injure or detract from the use or value of the surrounding properties or from the character of the neighborhood.
F.
The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.
G.
There will be no adverse affect of the proposed conditional use upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, recreational opportunities, open space and public schools and, where necessary, adequate arrangements for expansion or improvement of such services and facilities are ensured.
H.
The design and use of any new construction and proposed change in use of existing buildings will be compatible with the existing designs and uses in the immediate vicinity and that the proposed design or use shall be compatible with the character of the neighborhood.
I.
If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this chapter shall be fully complied with at the completion of any stage.
J.
The location and layout of the proposed use is suitable with respect to probable effects upon highway traffic, and assures adequate access arrangements in order to protect major streets and highways from undue congestion and hazard. The proposed use will not lower the level of service on adjacent road segments and intersections as defined by the most recent edition of the Highway Capacity Manual from the Transportation Research Board. As a policy, proposed projects should incorporate designs that will assure safe and efficient access and maintain a level of service "C," as a minimum, on all adjacent road segments and intersections.
K.
The interior traffic circulation shall provide safe and convenient circulation for all users, including pedestrian and vehicular modes of transit. The applicant shall demonstrate that sufficient safeguards such as parking, traffic control, screening, and setbacks can be implemented to remove any potential adverse influences the use may have on adjoining uses. In addition, all emergency access design considerations shall be addressed and incorporated into the proposed plan.
L.
The adequacy of sanitation and public safety provisions, where applicable, and the necessity to provide a certificate of adequacy of sewage and water facilities from a governmental health agency in any case where required or deemed necessary.
M.
Sufficient land area shall be available to be able to effectively screen the proposed conditional use from adjoining different uses if required by the Board of Supervisors.
N.
Consideration of any other development impacts and/or proposed mitigation identified by the submitted site analyses.
O.
Consideration of likelihood of market success of proposed use(s), as indicated by market analyses, where required.
P.
Uses shall meet the provisions and requirements of the Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances of the Township.
Q.
The Board of Supervisors may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noise, glare, and noxious, offensive or hazardous elements and adequate standards of parking and sanitation.
R.
If the Board of Supervisors approves the application and accompanying conditional use development plan, such approved plan shall accompany any application for subdivision and land development as prescribed by the Subdivision and Land Development Ordinance [Chapter 22], and such approved plan shall accompany any application for a building permit.
§ 27-1404 Clustered Single-Family Detached Residential Development Open Space and Other Open Space Design Standards.
[Ord. 147, 8/11/2008, § 1403]
1.
Clustered single-family detached residential development permitted as a conditional use in the R-2 Residential and R-3 Residential Districts shall comply with all of the open space and design requirements and standards of this section. All other types of subdivisions and land developments, wherein open space is required, shall comply with all of the standards of Subsection 1A except subsection 1A)(1), specifying the minimum amount of open space, for which § 22-426 of the Subdivision and Land Development Ordinance [Chapter 22] shall be applicable.
A.
Open Space Standards.
(1)
The minimum required amount of the gross tract area to be provided as open space shall be as specified in §§ 27-704, Subsection 1B(1), or 27-804, Subsection 1B(1), of which a minimum of 25% shall be suitable for active recreational purposes. All required open space shall be contiguous and shall not consist of narrow and small irregularly shaped areas.
(2)
The following resources may be included in the required open space to the maximum extent possible:
(a)
Stream channels, floodplains, hydric soils, high water table soils, wetlands, riparian buffers.
(b)
Precautionary and prohibitive slopes that adjoin watercourses and other water bodies where disturbance would have a negative impact on water quality.
(c)
Woodlands that provide the ecological functions of soil stabilization and protection of streams, wetlands and wildlife habitat.
(d)
Habitats of wildlife species that are endangered, threatened, or are of special concern.
(e)
Hedgerows, groups of trees, large individual trees, and other landscape elements that are of botanical or historic significance.
(f)
Prime agricultural soils.
(g)
Historic sites.
(h)
Scenic viewsheds and visually prominent topographic features, e.g., ridgelines.
(i)
Existing trails.
(4)
Open Space Uses. Only the following uses shall be permitted in the open space:
(a)
Conservation of the open space land in its natural state.
(b)
Non-intensive agricultural uses. Other agricultural uses may be permitted by special exception.
(c)
Pastureland for horses used only for recreation purposes and equestrian-related structures provided that the impervious surface of such structures is limited to 3% of the open space.
(e)
Golf courses, excluding driving ranges and miniature golf facilities, provided that the area of the open space occupied thereby shall be limited to 50% and structures, parking and accessways shall not be included in the minimum required open space.
(f)
Easements for stormwater management facilities, vehicular and pedestrian access, sanitary sewer and water lines, and other public facilities.
(g)
Utility rights-of-way, excluding utilities structures, may traverse open space areas however shall not be included in the calculation of the minimum required open space.
(5)
Disturbance of Open Space Land.
(a)
Designated open space shall be permanently restricted from future subdivision and land development.
(b)
Disturbance of open space land shall be minimized and shall be limited to the construction of active recreation facilities, trails, stormwater management facilities, and vehicular and pedestrian access where necessary.
(6)
Ownership and Maintenance of Open Space.
(a)
Open Space and Facilities Ownership. Open space land may be owned by the Township, a homeowners association, a land trust, a conservation organization recognized by the Township, or by a similar entity approved by the Township, or may remain in private common ownership.
(b)
Offer of Dedication. The Township may, but shall not be obligated, to accept dedication in the form of fee simple ownership of open space land. Where the Township accepts dedication of open space land that contains improvements, the Board of Supervisors may require the posting of financial security, in an amount up to 15% of the installation cost to ensure structural and functional integrity of such improvements for a term not to exceed 18 months from the date of acceptance of dedication.
(c)
Homeowners Association. The designated open space land and associated facilities may be held in common ownership by a homeowners association which shall be formed and operated under the following provisions:
1)
The developer shall provide the Township with a description of and proof of incorporation of the association, a copy of its bylaws and proof of adoption thereof, a copy of the declaration of covenants, easements or restrictions or similar document(s) regulating the use, management and maintenance of the open space and associated facilities. The conditions and timing of transfer of the control of the association from the developer to the homeowners shall be identified.
[Amended by Ord. No. 2019-234, 9/9/2019]
2)
The association shall be organized, operated and financed by the developer prior to the sale of any lots within the development.
3)
Membership in the association shall be mandatory for all owners, and successors, of dwellings in the development.
4)
The association shall be responsible for the maintenance and insurance of the open space and facilities owned by the association, enforceable by liens placed by the homeowners association. Maintenance obligations may also be enforced by the Township, which may place liens to recover its costs.
5)
The members of the association shall share equitably the costs of maintaining the open space and facilities owned by the association. Shares shall be defined within the association bylaws or declaration. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs capital costs related to repair or replacement of facilities.
6)
In the event of a proposed transfer, within the methods herein permitted, of open space and facilities by the homeowners association, or of the assumption of maintenance of such open space and facilities by the Township, notice of such action shall be given to all members of the association.
7)
The association shall have or employ adequate staff to administer and provide continuous and proper maintenance of the open space and facilities.
8)
The homeowners association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide: (a) that the residents of the development shall have, at all times, access to the open space lands contained therein (except that access to land that is actively farmed shall be limited by the nature of the agricultural operation); (b) that the open space lands to be leased shall be maintained for the purposes set forth in this chapter; and (c) that the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners association. All leases shall be subject to the approval of the Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Township.
9)
Homeowners association documentation approved by the Township shall be recorded with the final subdivision and land development plans, and proof of recording thereof shall be provided to the Township prior to the issuance of any building permits. At the time of preliminary plan submission, the applicant shall provide draft homeowners association documentation with sufficient detail to demonstrate compliance with this section.
(d)
Condominiums. Open space land and associated facilities may be held 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 common open space land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of Subsection 1A(6)(c) above. 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)
Dedication of Easements. The Township may, but shall not be obligated to, accept easements for public use of any portion or portions of designated open space land, title of which is to remain in common ownership by condominium unit owners or a homeowners association, as applicable.
(f)
Transfer of Easements to a Private Conservation Organization. Upon approval of the Township, an owner may transfer easements to a private, nonprofit organization recognized by the Township, among whose purposes it is to conserve open space and/or natural resources, provided that:
1)
The organization is acceptable to Board, and is a bona fide conservation organization with perpetual existence.
2)
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3)
A maintenance agreement acceptable to the Board is entered into by the developer and the organization.
(g)
Private Ownership of Open Space. Designated open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for open space herein. All or portions of the designated open space may be included within an individual lot, e.g., a working farm, where approved by the Board of Supervisors, and the Board may require that the owner of such privately owned open space be responsible for the maintenance thereof.
(h)
Open Space and Facilities Maintenance. The cost and responsibility of maintaining the open space and associated facilities shall be borne by the homeowners association, condominium association, conservation organization, or property owner, as outlined in the following sections.
(i)
Required Open Space Management Plan. The applicant shall provide a plan for the long-term management of the designated open space including maintenance and management of any stormwater management or any other approved facilities located therein.
1)
Open Space Management Plan Information. The open space management plan shall include a narrative discussion of: (a) the manner in which the designated open space and any facilities included therein will be owned and by whom it will be managed and maintained; (b) the conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the designated open space, including conservation plan(s) approved by the Chester County Conservation District where applicable; (c) the professional and personnel resources that will be necessary in order to maintain and manage the property; (d) the nature of public or private access that is planned for the designated open space; and (e) the source of the financial resources available for such management, preservation and maintenance on a perpetual basis.
2)
At the time of preliminary plan submission, the applicant shall provide a draft open space management plan with sufficient detail to demonstrate compliance with the provisions herein.
3)
The Board of Supervisors shall require that the management plan be recorded, in the Office of the Recorder of Deeds of Chester County, with the final subdivision and land development plan.
4)
The management plan shall contain a provision that permits change to such plan upon written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed provided: (a) the proposed change is consistent with the purposes of preservation of open space set forth in herein, and with the approved subdivision and land development plans; and (b) any such change would not obligate the Township to manage and maintain the open space and facilities.
(j)
Provisions for Maintenance of Open Space. In the event that a homeowners association, condominium association, conservation organization, any successor organization, or any owner of the open space shall fail to maintain such land in reasonable order and condition in accordance with the development plan, the open space management plan and/or association or condominium documents as applicable, 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 open space land in reasonable order and condition and directing the owner to remedy the same within 20 days. Upon default by any owner, homeowners association, conservation organization, or other entity responsible for maintenance of designated open space and/or associated facilities, where such maintenance is required under the terms of the open space management plan, homeowners association or condominium documents, any subdivision and/or land development plan for the property, the zoning approval for the property, or under any applicable requirements of any Township ordinances, permits or approvals, or where such maintenance is otherwise 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 person, association or entity responsible for such maintenance (or any such lesser period as may be specified in the notice in instances of emergency) and the failure of the responsible individual, entity or association within such thirty-day period (or such lesser period in the event of an emergency) to perform the necessary maintenance and otherwise remedy the condition set forth in the Township's notice, to enter upon the open space, accessing the same through any other lands of such entity, association or individual as may be necessary, to perform such maintenance and take any other action necessary to correct the condition provided in the Township's notice.
2)
Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible individual, entity or association within 10 days after written demand by the Township. Upon failure of the responsible individual, entity, or association to pay such costs by 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 attorney's fees, shall constitute a municipal lien and be enforceable as such against the responsible entity, individual or association. Such lien shall extend to all property of such individual, entity or association within the development containing the affected open space. In the case of an association, such lien shall apply, pro rata, against all lot owners who are members of the association, in addition to applying to the affected open space.
(k)
Open Space and Facilities Performance Guarantee. Where intended as common or public amenities, all landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer. Financial security shall be in the same form and adhere to the same conditions as provided in § 22-310 of the Subdivision and Land Development Ordinance [Chapter 22].
§ 27-1405 Continuation by Conditional Use of Nonconformities Resulting From the Taking of a Portion of a Lot for Public Road Purposes. [1]
[Ord. 147, 8/11/2008, § 1405]
1.
Whenever an existing lot and/or an existing building or other structure on an existing lot becomes nonconforming, or more nonconforming, with respect to one or more applicable areas and/or dimensional requirements, as a result of a taking of a portion of the lot for public road purposes, and the nonconformity, with respect to each applicable area and dimensional requirement, resulting from the taking, is more than 50% of the applicable requirement, or increases an existing nonconformity of the same applicable area and dimensional requirement beyond 50% of that requirement, the lawful use of the lot and/or lawful use, location and/or size of the building or other structure on the lot, as existing on the effective date of the taking, may remain and continue after the effective date of the taking only when authorized by conditional use as required by § 27-1333, Subsection 1B, of this chapter.
2.
The conditional use required by § 27-1333, Subsection 1B, of this chapter shall be allowed or denied by the Board of Supervisors pursuant to the following standards:
A.
The applicant shall demonstrate that no unsafe conditions or adverse environmental impacts have been created on the lot, or in or to the building or other structure on the lot, as a result of the lot, building or structure being rendered nonconforming or more nonconforming, with respect to one or more applicable areas and/or dimensional requirements, by the taking.
(2)
Such adverse environmental impacts shall include, but shall not be limited to:
(a)
The potential for increased levels of vehicle emissions on the lot or from the building or other structure on the lot.
(b)
The potential for increased noise levels on the lot or from the building or other structure on the lot.
(c)
The potential for loss of privacy on the lot or in the building or other structure on the lot.
(3)
The applicant may propose, for consideration by the Board of Supervisors, measures to mitigate the potential for such unsafe conditions and adverse environmental impacts.
B.
The applicant shall demonstrate that no unsafe conditions to the traveling public (motorist or pedestrian) or to any person (motorist or pedestrian) entering or leaving the lot, have been created on the lot as a result of the lot, or the building or structure thereon, being rendered nonconforming or more nonconforming, with respect to one or more applicable areas and/or dimensional requirements, by the taking.
(1)
Such unsafe conditions shall include, but shall not be limited to:
(a)
Decreased clear sight triangle or sight distance at the intersection of a driveway on the lot and the abutting street.
(b)
The increased potential for personal injury to the traveling public or to persons entering or leaving the lot, whether or not the result of condition (a).
(c)
The increased potential for damage to property of the traveling public, or of persons entering or leaving the lot, whether or not the result of condition (a).
(2)
The applicant may propose, for consideration by the Board of Supervisors, measures to mitigate the potential for such unsafe conditions to the traveling public (motorist or pedestrian) or to any person (motorist or pedestrian) entering or leaving the lot unsafe conditions.
3.
In granting the conditional use required by § 27-1333, Subsection 1B, of this chapter, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board of Supervisors may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
4.
The following words and phrases, as used in this section, shall have the same meanings as such words and phrases are defined and used in § 27-1333, Subsection 1G, of this chapter: "lawful"; "applicable area and/or dimensional requirements"; "taking"; "public purposes"; and "effective date of the taking."