A.

Required open space management plan.

1.

Any application under the open space development option, or residential development with applicable green area or open space, per § 240-2017, shall include a plan for the long-term management of the common 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 common open space. Such a plan shall include a narrative discussion of:

a.

The manner in which the common open space and any facilities included therein will be owned and by whom they will be managed and maintained;

b.

The conservation, land management agricultural techniques, vegetative management, and practices which will be used to conserve and perpetually protect the common open space, including conservation plan(s) approved by the Chester County Conservation District where applicable;

c.

Detailed standards and schedules for maintenance of the designated open space, including maintenance of vegetation;

d.

The professional and personnel resources that will be necessary in order to maintain and manage the property;

e.

The nature of public or private access that is planned for the common open space and all uses within such open space; and

f.

The source of money that will be available for such management, preservation and maintenance on a perpetual basis.

2.

Where an application for conditional use approval is submitted prior to preliminary plan submission, such application shall include a conceptual open space management plan outlining compliance with the issues stated above. A complete open space management plan shall be submitted with preliminary plan submission.

3.

The Board of Supervisors may require that the management plan be recorded with the final subdivision and land development plans in the office of the Recorder of Deeds of Chester County. In addition, the Board may require as a condition of land development approval that appropriate management contracts be established as evidence of the ability to adhere to the provisions of the approved management plan.

4.

In order to allow for the changing needs inherent in the perpetual management of land, the 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 the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this article and so long as 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.

B.

Required open space maintenance. 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 30-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 associated within ten 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 percent 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 a homeowners' 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.

3.

The performance of all work and the installation of all materials necessary to bring the common facilities into compliance with the regulatory standards applicable to said common facilities at the time of its conveyance or transfer shall occur.

(Ord. No. 300, § I, 2-1-2023)