Subject to permanent conservation restrictions, common open space land in any subdivision may be owned by a homeowners' association, the Township, a land trust, another conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership. Common open space may also be owned in any combination of these permitted ownership options if approved by the Township.

A.

Offer of dedication.

1.

The Township may, but shall not be required to, accept dedication in the form of fee-simple ownership of common open space land, provided:

a.

Such land is accessible to the residents of the Township;

b.

There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and

c.

The Township agrees to and has access to maintain such lands.

2.

Where the Township accepts dedication of common 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 percent of the actual cost of installation of said improvements.

B.

Homeowners' association. The common open space land and associated facilities may be held in common ownership by a homeowners' association. The homeowners' association shall be formed and operated under the following provisions:

1.

The developer shall provide a description of the homeowners' association, including its bylaws and methods for maintaining the open space.

2.

The homeowners' association shall be organized by the developer and operate with financial subsidization by the developer before the sale of any lots in the development.

3.

Membership in the homeowners' association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the homeowners' association from developer to homeowners shall be identified. Transfer of the homeowners' association from the developer to the owners shall occur on or before such time when 75 percent of the lots or units have been sold. Where a development is being built in phases, the 75 percent requirement for transfer of the homeowners' association to the owners shall apply to each phase.

4.

The homeowners' association shall be responsible for maintenance and insurance on common open space land, enforceable by liens placed by the homeowners' association. Maintenance obligations may be enforced by the Township which 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 open space to collect unpaid taxes.

5.

The members of the homeowners' association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the homeowners' association bylaws. Homeowners' 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).

6.

In the event of a proposed transfer within the methods here permitted of common open space land by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development.

7.

The homeowners' association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common open space land.

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 controlled access to the open space lands contained therein unless such lands are in uses that do not permit such access, such as uses permitted in § 240-1705.C.2.a and b.;

b.

That the common open space land to be leased shall be maintained for the purposes set forth in this chapter; and

c.

That the operation of open space may be for the benefit of the residents only or may be open to the public, at the election of the developer and/or homeowners' association, as the case may be.

9.

The lease shall be subject to the approval of the Board, 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 Secretary of the Township.

C.

Condominiums. The common open space land and associated facilities may be held in common through the use of condominium agreements, approved by the Board of Supervisors. Such agreement shall be in conformance with the Uniform Condominium Act of 1980, as amended. All common open space land shall be held as common element.

D.

Dedication or transfer of easements. Subject to approval by the Board of Supervisors, easement(s) providing for conservation management of common open space lands and/or for public access to such lands may be dedicated to the Township or transferred to a nonprofit conservation organization or Chester County. Title to such lands shall remain as otherwise approved in accordance with this section.

E.

Private ownership of common open space. Subject to approval by the Board of Supervisors, common open space may be privately owned on individual lots within the open space design subdivision. Such open space shall meet the following criteria to ensure its continued protection and maintenance:

1.

The common open space shall be clearly designated on the plan, as well as a note specifying the restrictions and other requirements that apply to the open space. (See § 240-1706.E.3 below.) Such open space shall be common in perpetuity from further subdivision or land development through deed restriction, conservation easement, or other agreement in a form acceptable to the Township Solicitor and duly recorded in the Chester County Office of the Recorder of Deeds.

2.

The portions of the lot not subject to restrictions, including the house, accessory buildings, and surrounding uncommon yard and lot area, shall also be clearly designated and recorded on the final plan.

3.

The common open space shall be subject to the applicable maintenance provisions of § 240-1707. In addition to maintenance provisions, the plan notes shall state what activities are permissible or prohibited within the privately held common open space. The maintenance provisions and use restrictions shall be placed in the deeds for each lot containing common open space and recorded in the Chester County Office of the Recorder of Deeds. Specific language to be included on the deeds shall be in a form acceptable to the Township Solicitor.

(Ord. No. 300, § I, 2-1-2023)