Honey Brook Township
City Zoning Code
City Zoning Code
PART 20
OPEN SPACE DESIGN OPTION
§ 27-2001 Purpose.
[Ord. No. 196-2018, 9/12/2018]
A.
In accordance with the planning goals of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan and the purpose statements and community development objectives set forth in Article I of this Chapter, the open space design potion (OSDO) is established to provide landowners and developers with an alternative form of residential subdivision. Landowners and developers have increased design flexibility in return for greater open space set-asides by utilizing this option. The regulations set forth herein are intended to achieve the following specific purposes:
(1)
To conserve open land, including those areas containing unique and sensitive natural resources such as woodlands, steep slopes, streams, floodplains, and wetlands.
(2)
To provide greater design flexibility and efficiency in the siting of buildings and infrastructure, including the opportunity to reduce length of roads, utilities, and the amount of paving and impervious surface required for residential development.
(3)
To reduce erosion and sedimentation through the retention of existing vegetation, the minimization of development on steep slopes, and the reduction of earth disturbance.
(4)
To implement the policies of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan to protect environmentally sensitive areas, address recreation and open space needs, and to preserve the Township's scenic and rural character.
(5)
To promote rural residential living opportunities with direct visual access to open land, with amenities in the form of common open space and recreational trails.
(6)
To provide options for landowners to minimize impacts on sensitive environmental resources, reduce disturbance of natural and cultural features, and conserve scenic views.
(7)
To provide flexible standards for addressing varying circumstances and interests of individual landowners and the unique characteristics of their properties.
§ 27-2002 General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
Minimum Area of Parent Tract. A tract of land using the open space design option shall be of sufficient area to permit the development of not less than three dwelling units under applicable density calculation.
B.
Permitted Uses. Except as limited pursuant to § 27-2002A above, use of the open space design option may include any principal and accessory residential use(s) permitted in the base zoning district and any open space use(s) pursuant to § 27-2005A(2) hereinafter set forth, subject to all applicable regulation herein.
C.
Applicable Approval Process.
(1)
Use of the open space design option shall be limited to the RC and NR Districts, and when approved by the Board of Supervisors as a conditional use in accordance with the provisions of Part 13.
(2)
Sketch Plan Submission. Any applicant for use of the open space design option is strongly encouraged to submit a sketch plan to the Honey Brook Township Planning Commission in accord with the sketch plan submission provisions of the Honey Brook Township Subdivision and Land Development Ordinance [Chapter 22]. In addition to the purposes of a sketch plan defined in Chapter 22, the purpose of the sketch plan submission is to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal conditional use or subdivision or land development application. The sketch plan shall consist of those maps and materials listed in the Township Subdivision and Land Development Ordinance. Upon written request from the applicant and if the Board of Supervisors and Planning Commission have previously reviewed a sketch plan and site analysis of the proposed development, the Board of Supervisors may elect to consider the preliminary subdivision plans concurrently with the conditional use approval where applicable.
D.
Water Supply. All uses shall be served by individual water supply systems located on the same lot as the use being served and adequate to supply the intended use. As part of a conditional use application, the use of the development's open space for water supply wells may be requested subject to the provisions of § 27-2005A(2)(f).
E.
Sewage Disposal. All uses shall be served by individual on-lot sewage disposal systems with both the primary system and a suitable replacement system location available on the same lot as the use being served. Submission of appropriate soil test results shall be required in order to demonstrate suitability of both primary and potential back-up system locations. As part of a conditional use application, the use of the development's open space for the back-up drainfield location may be requested subject to the provisions of § 27-2005A(2)(f). The back-up drainfield location shall be bound by an easement, approved by the Township, and recorded at the time of subdivision, which precludes any other use of this area and favors the Township for purposes of inspection.
F.
Single Plan. The tract, or tracts in the case of contiguous or noncontiguous parcels, of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility.
§ 27-2003 Density, Area and Bulk Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
Permitted Density Calculation.
(1)
The maximum permissible number of lots or dwelling units on any tract in the RC — Resource Conservation District utilizing the open space design option shall be calculated by multiplying the net lot area of the tract by 0.40. The product of any such calculation may be rounded to the nearest whole number.
(2)
The maximum permissible number of lots or dwelling units on any tract or parcel in the NR — Neighborhood Residential District utilizing the open space design option shall be calculated by multiplying the net lot area of such tract by 3.0. The product of any such calculation may be rounded to the nearest whole number.
Note: Applicant is advised that the maximum number of units calculated under the provisions herein may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein. |
B.
Minimum Restricted Open Space.
(1)
A minimum of 65% of the gross lot area of the tract shall be in restricted open space for developments utilizing the open space design option within the RC District.
(2)
A minimum of 50% of the gross lot area of the tract shall be in restricted open space for developments utilizing the open space design option within the NR District.
C.
Density and Open Space Determinations for Split-Zoned Properties.
(1)
Density Calculations. Where a single contiguous tract of land falls into more than one zoning district, the gross density of development permitted shall be calculated separately based on permitted residential use in each zoning district. Where the applicant demonstrates to the satisfaction of the Board of Supervisors that a development more fully in compliance with the objectives of this Article shall result, the gross density of development on the entire tract may be calculated as the sum of the density calculations made for each district separately. In such cases, ultimate placement of dwelling units may reflect a uniform plan for the entire tract without regard to zoning district boundaries within the tract.
(2)
Open Space Calculations. Where a contiguous tract of land falls into more than one zoning district, the open space requirement for the entire tract shall be calculated as the sum of that required in each district separately, without regard to ultimate geographic location of open space parcels relative to each zoning district.
D.
Residential Area and Bulk Regulations for OSDO Developments.
(3)
Minimum tract perimeter yard: Any yard abutting the preexisting perimeter of the tract shall comply with the conventional setbacks set forth in the base zoning district, notwithstanding the provisions set forth below.
(7)
Additional Building Setbacks. In addition to individual yard setbacks, all new residential structures in an open space design option (OSDO) development shall meet the following standards unless modified subject to approval as a conditional use:
(9)
Maximum building height: 35 feet.
§ 27-2004 Conservation and Development Design Standards.
[Ord. No. 196-2018, 9/12/2018]
A.
General Development Standards. All applicable standards provided in Part 9 of this Chapter shall apply to any development utilizing the open space design option.
B.
Required Design Process. Use of the open space design option shall follow a four-step design process as described below. Applicants are required to document the design process for the sketch plan and conditional use applications, and in sufficient detail to demonstrate compliance with the following procedure. This procedure is established to guide the design process and is not intended to further constrain density calculations, open space requirements, or area and bulk regulations.
(1)
Step 1: Delineation of Open Space Lands and Development Areas. Open space lands and development areas shall be delineated according to the following procedure:
(a)
All lands excluded or partially excluded from determination of the net lot area of the tract shall be delineated.
(b)
A preliminary open space network shall be delineated to include lands identified pursuant to Subsection B(1)(a) above to the greatest extent practicable and consistent with the resource protection standards set forth in Part 8. At a minimum, the preliminary open space network shall further include additional lands necessary to meet the minimum restricted open space requirement as calculated in accordance with § 27-2003B. This additional open space component shall be delineated so as to affect maximum consistency with the open space design standards set forth herein.
(c)
Potential development areas shall constitute the residual areas of the tract(s) once the preliminary open space network has been delineated.
(2)
Step 2: Location of House Sites. Proposed house sites shall be located within the potential development areas and shall be designed to:
(a)
Fit the tract's natural topography, minimizing need for changes in topography or disturbance to existing vegetation;
(b)
Be located no less than 50 feet from any area within the preliminary open space network delineated in Step 1 above;
(c)
Provide views of and access to adjoining open space areas (without encroaching upon them in a manner visually intrusive to users of such areas);
(d)
Minimize visibility from exterior roads and other properties; and
(e)
Be able to be served by adequate water and sewage facilities.
(3)
Step 3: Alignment of Streets and Trails.
(a)
Once proposed house site locations are identified, the applicant shall delineate a system for vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe and efficient pattern of circulation and ingress and egress to and from the tract.
(b)
Houselots shall generally be accessed from interior streets, rather than from external roads bordering the tract.
(c)
The locations of streets and driveways shall minimize intrusion into and adverse impacts to the open space network. Interconnection between separate development areas as well as existing or potential development areas on adjoining tracts shall be encouraged.
(d)
A tentative network of trails shall also be delineated, connecting streets and development areas with various natural and cultural features within the open space network. Potential trail connections to adjacent parcels shall also be shown in areas where a Township trail network is envisioned.
(4)
Step 4: Design of Lot Lines. Lot lines for the subdivision should be drawn as the last step in the design procedure. They should follow the configuration of house sites and streets in a logical and flexible manner, should be consistent with the applicable dimensional standards of § 27-2003D, as applicable, and should provide for logical management of open space areas consistent with the provisions of this Section.
C.
Special Provisions for Conservation of Historic Resources.
(1)
Historic resources shall be preserved to the greatest degree practicable, through incorporation into development plans and design, including historic structures, ruins or sites, historic road or other transport traces, paths and trails, and any other historic landscape features.
(2)
Density Bonus for Conservation of Historic Resources. In addition to the maximum permissible number of lots or dwelling units otherwise permitted on any tract developed under the open space design option, the applicant may provide dwelling units and lots therefor through the renovation or adaptive reuse of structures included in the Historic Sites Survey of Honey Brook Township subject to compliance with the standards in § 27-2004C(3) below. Except where physically infeasible due to existing locational and/or structural attributes, all such dwelling units must comply with applicable lot and yard area requirements for the base zoning district in which the structure is located.
(3)
Standards for Historic Resources Utilized for Density Bonus. Where maintenance, renovation or reuse of any structure included in the Historic Sites Survey of Honey Brook Township is proposed in order to develop dwelling units in addition to the maximum otherwise permissible, the applicant shall comply with the following standards:
(a)
Applicant shall demonstrate to the satisfaction of the Board of Supervisors that development plans involving historical structures shall adequately conserve the historical integrity of such structures, particularly in terms of how they are viewed from any adjacent public street or road;
(b)
Authentic period materials and colors or appropriate modern replication shall be utilized on any portion of any historic structure or enlargement thereof visible from any existing or proposed public right-of-way;
(c)
Applicant shall maintain sufficient landscaped or buffer area surrounding historic structures to retain the integrity of the historical landscape setting. Applicant may demonstrate mitigation of impacts to historical landscape setting through introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting;
(d)
Facilities and equipment for heating/air conditioning, trash collection and compaction, and other structural elements not in keeping with historical architectural themes shall be concealed architecturally or otherwise screened from view;
(e)
Where bonus density is provided, applicant shall provide for long-term protection of affected historic structures through establishment of appropriate deed restrictions, easement(s) or other agreement in a form acceptable to the Township.
D.
Open Space Resource Protection. The location of proposed open space shall take into consideration the resource protection, open space, and potential trail corridor recommendations of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan. During the conditional use review process, the Board of Supervisors shall be satisfied that the applicant has incorporated the following resources into the open space to the fullest extent practicable:
(1)
Stream channels, floodplains, wet soils, swales, springs and other lowland areas, including adjacent buffer areas required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory.
(3)
Moderate to steep slopes, particularly those adjoining water courses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(6)
Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetation features representing the site's rural past.
(7)
Class I, II and III agricultural soils as defined by the USDA Natural Resource Conservation Service.
(8)
Historic structures and sites.
(9)
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).
(10)
Existing trails connecting the tract to other locations in the Township.
§ 27-2005 Open Space Designation and Management Standards.
[Ord. No. 196-2018, 9/12/2018]
A.
Open Space Designation and Use.
(1)
The location and layout of restricted open space shall be configured so as to serve residents adequately and conveniently and to promote adherence to resource protection standards in § 27-2004D above, and shall further conform to the following conditions:
(a)
A portion of the designated restricted open space equal in area to no less than 25% of the gross lot area of the tract shall exclude areas comprised of designated flood hazard districts, wetlands, slopes in excess of 25%, sewage treatment or disposal facilities or areas, stormwater management basins, areas devoted to golf or commercial recreation.
(b)
No portion of the designated restricted open space shall be measured as contributing to the minimum required restricted open space area where it:
[1]
Is within 25 feet of any residential structure except historic structures;
[2]
Is occupied by any parking area or any nonresidential structure except historic structures and structures devoted to permitted agricultural or noncommercial recreational use(s);
[3]
Extends less than 75 feet in the narrowest dimension at any point;
[4]
Comprises stormwater management facilities, except that areas devoted to stormwater management facilities may be included within the minimum required restricted open space area where the applicant can demonstrate to the satisfaction of the Township Engineer that such facilities are designed to:
[a]
Promote recharge of the groundwater system;
[b]
Be available and appropriate for active or passive recreational use or scenic enjoyment; and
[c]
Otherwise conform to the purposes, standard, and criteria for open space set forth in this Article.
[d]
For example, a long low berm graded to reflect natural contour could be designed to: 1) blend into the scenic landscape; 2) permit passive recreational use over the top of it; while 3) providing a relatively large linear area for seepage of stormwater into the groundwater system.
(c)
Open space shall be interconnected with open space areas on abutting parcels wherever possible to promote the establishment of an interconnected and continuous network of open space, and shall include, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township.
(2)
Use of Open Space. Areas designated for open space purposes, regardless of ownership, may be used for any of the following, subject to all applicable provisions of this Chapter:
(a)
Conservation of open land in its natural state (e.g., woodland, fallow field, or managed meadow);
(b)
Agricultural and horticultural uses, including raising crops or livestock and wholesale nurseries, but not including combined area feedlot operations, dead animal composing facilities, or wholesale farm produce auctions, stockyards, or buying stations.
(c)
Forestry/timber harvesting.
(d)
Public, common, or private green, park or outdoor recreation area. Commercial recreational use(s) may be permitted where approved as a conditional use where the Board of Supervisors is satisfied that such use(s) are consistent with the purposes of this Section.
(e)
Golf courses.
(f)
Individual water supply facilities and individual sewage disposal systems to the extent that it is not practicable to locate such facilities on individual lots. The placement of individual water and individual sewer facilities in open space areas shall be subject to all applicable regulations and shall be permitted only where the Board of Supervisors is satisfied that adequate provision(s) for the long-term management and maintenance of such facilities are guaranteed and that the placement of such systems in open space areas does not significantly compromise compliance with all other applicable standards for the designation, use and management of open space.
(g)
Stormwater management facilities, subject to the provisions of measurement of minimum required open space stipulated in § 27-2005A(1)(b)[4] above.
(h)
Where water, sewer, or stormwater management facilities are located within restricted open space, easements satisfactory to the Board of Supervisors shall be established to require and enable the maintenance of such facilities by the appropriate parties.
(i)
Easements for drainage, access, utilities, sewer or water lines, or other public uses. Above-ground utility and rights-of-way may traverse open space and conservation areas, but shall not count towards the minimum required open space.
(j)
Structures principally used for any of the above permitted open space uses, subject to compliance with any applicable limitations on measurement of minimum restricted open space. The size of any structure proposed for open space as permitted by this subsection is subject to review and approval of the Board of Supervisors as part of any conditional use approval, and shall not result in removal of, or impacts to, any natural or cultural resources which have been specifically protected through the restricted open space design.
(k)
The use of restricted open space for recreational use of all-terrain vehicles (ATVs), four-wheel drive vehicles, and motorcycles, and for rifle ranges is specifically prohibited.
(l)
As a condition of approval, the Township may require that open space areas be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicle traffic, and containing appropriate access improvements.
(m)
Open space shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources.
B.
Standards for Ownership of Restricted Open Space. Except to provide for permitted open space uses, required open space shall be restricted from further subdivision or development by conservation easement, created in a form acceptable to the Township, co-held by at least two separate parties (e.g., the Township, Chester County, or a conservation organization), and duly recorded in the office of the Recorder of Deeds of Chester County. Subject to such permanent easement and the approval of the Board of Supervisors, restricted open space land in any open space development may be owned by a homeowners' association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership.
(1)
Offer of Dedication. The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of restricted open space land. Where the Township accepts dedication of restricted open space land that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
(2)
Homeowners' Association. The restricted open space land and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:
(a)
The developer shall provide a description of the association including its bylaws and proposed means of maintaining the open space. The developer shall further provide satisfactory proof of adoption of the association bylaws and copy of all declaration(s) of covenants, easements, restrictions or similar document(s) regulating the use and maintenance of the property.
(b)
The association shall be organized by the developer and operated with financial subsidization by the developer, before the sale of any lots within the development.
(c)
Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
(d)
The association shall be responsible for maintenance and insurance on common open space land and any permitted improvements thereon, enforceable by liens placed by the homeowners' association. The Township has the right, but not the obligation, to enforce maintenance of common open space land, and may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the lots subject to membership in the homeowners' association and/or the open space to collect unpaid taxes.
(e)
The members of the association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the association declaration and bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
(f)
In the event of a proposed transfer, within the methods here permitted, of common open space land by the homeowners' association, or of the proposed assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development within 15 days of proposed transfer.
(g)
The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common open space land.
(h)
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:
[1]
That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow);
[2]
That the common open space land to be leased shall be maintained for the purposes set forth in this Chapter; and
[3]
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, as the case may be.
(i)
The lease 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 of Supervisors. 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 Secretary of the Township.
(j)
Homeowners' association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with this Section.
(k)
All applicable homeowners' association documentation shall be reviewed and approved by the Township Solicitor and shall be recorded in the Office of the Chester County Recorder of Deeds at the time of recording of Final Plans and prior to issuance of any building permit.
(l)
Any costs accrued on the part of the Township in regard to the administration, review or approval of any required activities of the homeowners' association shall be reimbursed by the association within 10 days after written demand by the Township. Upon failure of the 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. All such costs, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the association and shall apply, pro rata, against all lot owners who are members of the association, in addition to applying to any affected open space.
(3)
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Board of Supervisors. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of § 27-2005B(2) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate compliance with this Section.
(4)
Dedication of Easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space land, title of which is to remain in common ownership by condominium or homeowners' association, as applicable.
(5)
Transfer of Easements to a Private or Public Conservation Organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space and/or natural resources, provided that:
(a)
The organization is acceptable to the Board of Supervisors, and is a bona fide conservation organization with perpetual existence;
(b)
The conveyance contains appropriate provision for proper reverter or retransfer subject to the approval of the Township in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
(c)
A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.
(6)
Private Ownership of Restricted Open Space.
(a)
Restricted 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 restricted open space herein.
(b)
All or portions of the designated restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.
C.
Maintenance of Open Space and Common Facilities. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization as outlined below.
(1)
Required Open Space Management Plan. The applicant shall provide a plan for the long-term management of the restricted open space which is to be created as part of the development, including maintenance and management of any wastewater disposal, water supply, stormwater management or any other common facilities which may be located within areas of restricted open space.
(a)
Open Space Management Plan Information. Such a plan shall include a narrative discussion of the following items:
[1]
The manner in which the restricted open space and any facilities included therein will be owned and by whom it will be managed and maintained;
[2]
The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including conservation plan(s) approved by the Chester County Conservation District where applicable;
[3]
The professional and personnel resources that will be necessary in order to maintain and manage the property;
[4]
The nature of public or private access that is planned for the restricted open space; and
[5]
The source of money that will be available for such management, preservation and maintenance on a perpetual basis.
(b)
At the time of conditional use application, the applicant shall provide a conceptual open space management plan (COSMP) with sufficient detail to demonstrate feasible compliance with the provisions required under this Section.
(c)
At the time of preliminary/final subdivision plan application, the applicant shall provide the final draft open space management plan incorporating any comments or conditions applied to the COSMP. The Board of Supervisors may require that the final open space management plan be recorded with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Chester County.
(d)
The Board of Supervisors may require as a condition of subdivision and/or land development approval that appropriate management contracts be established as evidence of the ability to adhere to the provisions of the approved open space management plan.
(e)
In order to allow for the changing needs inherent in the perpetual management of land, the open space management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed, so long as:
[1]
The proposed change is feasible, is consistent with the purposes of preservation of open space set forth in this Section and with the approved subdivision and land development plans; and
[2]
The plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.
(2)
Provisions for Maintenance of Restricted Open Space.
(a)
In the event that a homeowners' association, condominium, any successor organization, or any owner of the open space shall, at any time after establishment of a development containing open space land, 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.
(b)
Failure on the part of a homeowners' or condominium association to adequately maintain the open space land in reasonable order and condition shall constitute a violation of this Chapter. The Township is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.
(c)
Upon default by any owner, homeowners' association, conservation organization, or other entity responsible for maintenance of restricted 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 lessor 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 lessor 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 entity, association or individual 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.
[a]
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.
[b]
Such lien shall extend to all property of such individual, entity or association within the development containing the affected open space.
[c]
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.
D.
Open Space Performance Guarantees. 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. A performance bond or other security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. 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 Honey Brook Township Subdivision and Land Development Ordinance.