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Lower Windsor Township
City Zoning Code

ARTICLE IV

Conservation By Design

§ 470-22 Use requirement.

A. 
In the Conservation By Design Overlay District, Conservation By Design principles contained in this section shall be utilized by right for all subdivisions and land development consisting of more than five lots.
B. 
In order to achieve the purposes of this district, this article provides for flexibility in designing new residential subdivisions by allowing two forms of Conservation By Design development as summarized below:
(1) 
Neutral density, providing for residential uses at the density permitted by the underlying zoning district.
(2) 
Enhanced density, allowing for higher density development utilizing transferred development rights and designed to ensure that the resulting form incorporates the design principles of traditional villages.
C. 
Section 470-25 sets forth the development densities and required greenway land percentages.

§ 470-23 General regulations.

The design of all new subdivisions in the Conservation Design Overlay District shall be governed by the following minimum standards:
A. 
Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
B. 
Site suitability. As evidenced by the existing resources/site analysis plan, the conceptual preliminary plan, and the detailed final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
C. 
Combining the design options. The various layout and density options described in this article may be combined at the discretion of the Board of Supervisors, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular the stated purposes of this article, as compared with applying a single option to the property.
D. 
Intersections and access. New intersections with existing public roads shall be minimized. Although two access ways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
E. 
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands within the Restricted Development Overlay, one-hundred-year floodplain, wetlands, slopes in excess of 25%, and rock outcroppings constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and the final plan.
F. 
Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of wastewater treatment technique shall be based upon approval by the Pennsylvania Department of Environmental Protection (DEP).

§ 470-24 Use regulations.

A. 
Permitted uses. Land in the Conservation By Design Overlay District may be used as permitted in § 470-8.
B. 
Greenway land. Greenway land comprising a portion of residential development, as specified above and according to requirements of § 470-27. The minimum required greenway land shall be as follows:
Neutral Density - 50% of ATA1 plus constrained land2
Enhanced Density - 30% of ATA1 plus constrained land2
1
ATA = Adjusted Tract Area [see § 470-25A(2)]
2
See § 470-25A(2)(a)[1].
(1) 
Greenway land shall be delineated to include all primary conservation areas and, in addition, sufficient secondary conservation areas that, when added to the primary conservation areas, shall equal the minimum required greenway land.
(2) 
Greens.
(a) 
At least 2% to 3% of the required greenway land shall be in the form of common greens. The minimum percentage of open space in greens shall be as follows:
[1] 
2% of the required greenway land when the average lot size is 15,000 square feet or more;
[2] 
3% of the required greenway land when the average lot size is less than 15,000 square feet.
(b) 
In the enhanced density option, at least 15% of the required greenway land shall consist of multiple common greens, squares, or parks.
C. 
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use, subject to limitations on accessory uses to active recreation uses such as golf courses, as restricted herein.

§ 470-25 District density, dimensional criteria and requirements.

A. 
Neutral density.
(1) 
Dimensional standards.
(a) 
Dimensional criteria shall conform to Table 470-25A.
(b) 
Density factor. As noted as base density in Table 470-25A and as determined through the adjusted tract area approach.
(c) 
Minimum required greenway land:
[1] 
The subdivision must include at least 50% of the adjusted tract area plus all of the constrained land calculated in § 470-25A(2), below, as greenway land. Greenway land shall not be used for residential lots, except as provided below.
(2) 
Density determination. Applicants shall determine the maximum permitted residential building density on their properties as follows:
(a) 
Adjusted tract area approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site. The adjusted tract area equals the gross tract area minus the constrained land (described below).
[1] 
Constrained land equals the sum of the following:
[a] 
All land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines;
[b] 
All land under existing private streets;
[c] 
Wetlands: multiply the acreage of designated wetlands by 0.95;
[d] 
Floodway: multiply the acreage within the floodway by 1.0;
[e] 
Floodplains: multiply the non-wetland portion of the one-hundred-year floodplain by 1.0;
[f] 
Steep slopes: multiply the acreage of land with natural ground slopes exceeding 25% by 0.80;
[g] 
Extensive rock outcroppings: multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 0.90; and
[h] 
Moderately steep slopes: multiply the acreage of land with natural ground slopes of between 15 and 25% by 0.25.
[2] 
If a portion of the tract is underlain by more than one natural feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.
[3] 
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
[4] 
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor.
District Density, Dimensional Criteria and Requirements
Table 470-25A Neutral Density
R
V
WR
Density (dwelling units/acre)
Permissible Density with:
Public Water and Sewer
2.0
2.0
2.0
Public Sewer
1.0
1.0
1.0
No Public Water or Sewer
0.5
0.5
0.5
Lot Area:
Single-Family Detached Dwellings
Public Water and Public Sewer
Min. 5,000 square feet
Min. 5,000 square feet
Min. 5,000 square feet
Public Sewer
Min. 10,000 square feet
Min. 10,000 square feet
Min. 10,000 square feet
No Public Water or Sewer
Min. 20,000 square feet
Min. 20,000 square feet
Min. 20,000 square feet
Single-Family Semidetached and Two-Family Dwellings
Public Water and Public Sewer
Min. 5,000 square feet/unit
Min. 3,000 to Max 6,000 square feet/unit
Min. 3,000 to Max 6,000 square feet/unit
Public Sewer
Min. 10,000 square feet/unit
Min. 10,000 square feet/unit
Min. 15,000 to Max 20,000 square feet/unit
No Public Water or Sewer
Min. 20,000 square feet/unit
Min. 20,000 square feet/unit
Min. 37,500 to Max 40,000 square feet/unit
Single-Family Attached Dwellings
Public Water and Public Sewer
Min. 2,000 square feet/unit
Min. 2,000 square feet/unit
Min. 2,000 square feet/unit
Public Sewer
Min. 10,000 square feet/unit
Min. 10,000 square feet/unit
Min. 10,000 square feet/unit
No Public Water or Sewer
Min. 20,000 square feet/unit
Min. 20,000 square feet/unit
Min. 20,000 square feet/unit
Multifamily Dwellings
Public Water and Public Sewer
Min. 2,500 square feet/unit
Min. 2,500 square feet/unit
Min. 2,500 square feet/unit
Public Sewer
Min. 10,000 square feet/unit
Min. 10,000 square feet/unit
Min. 10,000 square feet/unit
No Public Water or Sewer
Min. 20,000 square feet/unit
Min. 20,000 square feet/unit
Min. 20,000 square feet/unit
Lot Area: All Other Uses
Public Water and Public Sewer
Min. 20,000 square feet
Min. 8,000 square feet
Min. 8,000 square feet
Public Sewer
Min. 30,000 square feet
Min. 20,000 square feet
Min. 20,000 square feet
No Public Water or Sewer
Min. 40,000 square feet
Min. 40,000 square feet
Min. 40,000 square feet
Minimum Lot Width:
Single-Family Detached Dwellings
Public Water and Public Sewer
50 feet
40 feet
50 feet
Public Sewer
70 feet
60 feet
70 feet
No Public Water or Sewer
150 feet
125 feet
150 feet
Single-Family Semidetached and Two-Family Dwellings
Public Water and Public Sewer
50 feet for SFSD and 30 feet/unit for 2 Family
30 feet for SFSD and 25 feet/unit for 2 Family
30 feet for SFSD and 25 feet/unit for 2 Family
Public Sewer
70 feet for SFSD and 60 feet/unit for 2 Family
60 feet for SFSD and 50 feet/unit for 2 Family
70 feet for SFSD and 50 feet/unit for 2 Family
No Public Water or Sewer
90 feet for SFSD and 80 feet/unit for 2 Family
80 feet for SFSD and 75 feet/unit for 2 Family
90 feet for SFSD and 75 feet/unit for 2 Family
Single-Family Attached Dwellings
Public Water and Public Sewer
20 feet/unit
20 feet/unit
20 feet/unit
Public Sewer
50 feet/unit
50 feet/unit
50 feet/unit
No Public Water or Sewer
80 feet/unit
80 feet/unit
80 feet/unit
Multifamily Dwellings
Public Water and Public Sewer
100 feet
100 feet
100 feet
Public Sewer
50 feet/unit
50 feet/unit
50 feet/unit
No Public Water or Sewer
80 feet/unit
80 feet/unit
80 feet/unit
All Other Uses
Public Water and Public Sewer
50 feet
40 feet
50 feet
Public Sewer
70 feet
60 feet
70 feet
No Public Water or Sewer
150 feet
125 feet
150 feet
Maximum Lot Coverage:
55%
55% for SFD, SFSD and 2 Family DUs and 80% for all other uses
55%
Minimum Setbacks - Principal Building
Front
20 feet
See § 470-15
20 feet
Side
10 feet(b)
See § 470-15
10 feet(b)
Rear
20 feet
See § 470-15
20 feet
Maximum Building Height:
Principal Building
45 feet
See § 470-15
45 feet
Accessory Building
25 feet
25 feet
25 feet
Agricultural Buildings
None
None
None
B. 
Enhanced density.
(1) 
Dimensional standards.
(a) 
Dimensional criteria shall conform to Table 470-25B.
(b) 
Density factor. As noted as Maximum Density in Table 470-25B as determined through the adjusted tract area approach described in § 470-25A(2), herein.
(c) 
Minimum required greenway land:
[1] 
The subdivision must include at least the required open space percentage of the adjusted tract area plus all of the constrained land calculated in § 470-25A(2) as greenway land. Not less than 1/6 of this greenway land shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above. In addition, no more than 50% of the minimum required greenway land may be comprised of active recreation facilities such as playing fields, golf courses, tennis courts, etc. Greenway land calculations shall not include accessory uses associated with active recreation uses such as pro shops, restaurants, parking lots, etc., or residential lots, except as provided below.
[2] 
The required greenway land shall be located and designed to add to the visual amenities of villages and hamlets and to the surrounding area, by maximizing the visibility of internal open space as terminal vistas at the ends of streets (or along the outside edges of street curves), and by maximizing the visibility of external open space as perimeter greenbelt land. Greenbelt land shall be designated to provide buffers and to protect scenic views as seen from existing roadways and from public parks.
[3] 
Traditional villages and hamlets shall include multiple greens or commons measuring a total of at least 1,000 square feet for each dwelling unit.
(2) 
Scale criteria.
(a) 
Hamlets shall include at least four dwelling units but may not contain more than 25, within the Conservation Design Overlay District. The minimum land area required for a hamlet shall be four acres, adjusted tract area.
(b) 
Villages shall contain 26 or more dwelling units, within the Conservation Design Overlay Zoning District. The minimum land area required shall be 26 acres, adjusted tract area.
(3) 
Ability to achieve allowable density. Where an applicant alleges that achieving the allowable development density is not possible with strict adherence to all standards of the Conservation By Design requirements, a hardship specific to the property may be present and relief shall be pursued through the variance process (§ 470-150 herein). In addition to meeting the standards for a variance contained in § 470-150C, the applicant shall have the burden of proving the necessity for relief and proposing possible methods of relief. Relief may consist of revision of development standards, transfer of unusable development rights within the receiving areas (§ 470-143B), or reduction of open space requirements.
(4) 
Public water and public sewer. Public water service and public sewer service are required for the use of the enhanced density development option.
Table 470-25B Enhanced Density District Density, Dimensional Criteria and Requirements
[Amended 8-8-2024 by Ord. No. 2024-02]
R
V
WR
Density:
Maximum Density(1)
4.0
6.0
4.0
Lot Area:
Single-Family Detached Dwellings
Min. 3,500 square feet
Min. 3,000 square feet
Min. 3,500 square feet
Single-Family Semidetached and Two-Family Dwellings
Min. 2,500 square feet/unit
Min. 2,000 square feet/unit
Min. 2,500 square feet/unit
Single-Family Attached Dwellings
Min. 2,500 square feet/unit
Min. 1,700 square feet/unit
Min. 2,000 square feet/unit
Multifamily Dwellings
Min. 2,500 square feet/unit
Min. 1,400 square feet/unit
Min. 2,500 square feet/unit
Lot Area: All Other Uses
Min. 20,000 square feet
Min. 8,000 square feet
Min. 8,000 square feet
Minimum Lot Width:
Single-Family Detached Dwellings
50 feet
40 feet
50 feet
Single-Family Semidetached Dwellings
50 feet
30 feet
30 feet
Two-Family Dwellings
30 feet/unit
25 feet/unit
25 feet/unit
Single-Family Attached Dwellings
20 feet/unit
20 feet/unit
20 feet/unit
Multifamily Dwellings
100 feet
100 feet
100 feet
All Other Uses
50 feet
40 feet
50 feet
Maximum Lot Coverage:
55%
55% for SFD, SFSD and 2 Family DUs and 80% for all other uses
55%
Minimum Setbacks - Principal Building:
Front
20 feet
See § 470-15
20 feet
Side
10 feet(b)
See § 470-15
10 feet(b)
Rear
20 feet
See § 470-15
20 feet
Maximum Building Height:
Principal Building
45 feet
See § 470-15
45 feet
Accessory Building
25 feet
25 feet
25 feet
Agricultural Buildings
None
None
None
Maximum Lot Coverage:
50%
50%
50%
Minimum Setbacks:
Front
12 Feet (6 feet to porches/steps)
Side
20 feet separation for principal buildings, no side yard less than 5 feet
Rear
30 feet minimum for principal buildings, 5 feet for accessory buildings except garages
Minimum Setbacks - Garages (Attached):
Front - Front loaded garages, single-family and two-family homes
Minimum 10 feet behind plane of house
Front - Front loaded garages, townhomes
Minimum 2 feet behind plane of house
Front - Side loaded garages
Minimum 10 feet from street right-of-way
Side
20 feet separation for principal buildings, no side yard less than 5 feet
Rear
40 feet
25 feet
40 feet
Minimum Setbacks - Garages (Detached):
Front
Minimum 40 feet from street for front loaded
Side
10 feet separation for adjacent buildings, no side yard less than 5 feet
Rear
Minimum 5 feet from street for rear loaded
(1)
Requires the use of transferred development rights

§ 470-26 Design standards.

A. 
House lots shall not encroach upon primary conservation areas as identified in § 410-18 of Chapter 410, Subdivision and Land Development, and their layout shall respect secondary conservation areas as described in both this chapter and in Chapter 410, Subdivision and Land Development.
B. 
All new dwellings shall meet the following setback requirements:
(1) 
From all external road ultimate right-of-way: 100 feet.
(2) 
From all other tract boundaries: 50 feet.
(3) 
From cropland or pasture land: 100 feet.
(4) 
From buildings or barnyards housing livestock: 300 feet.
C. 
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Chapter 410, Subdivision and Land Development.
D. 
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
E. 
At least 3/4 of the lots shall directly abut or face greenway land across a street (except that in enhanced density hamlets and villages this fraction shall be 1/2).
F. 
Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the greenway land created under this article are contained in §§ 470-27 through 470-30 of this chapter.

§ 470-27 Greenway land use and design standards.

Protected greenway land in all subdivisions shall meet the following standards:
A. 
Uses permitted on greenway lands. The following uses are permitted in greenway land areas:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
(2) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3) 
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required greenway land.
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry.
(5) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board.
(6) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.
(7) 
Easements for groundwater recharge, drainage, access, wastewater disposal systems, sewer or water lines, or other public purposes;
(8) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
(9) 
Stormwater management systems. The following stormwater management practices are acceptable within the greenway land, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual: All systems shall be permitted conditioned upon a landscaping plan satisfactory to the Township. Such landscaping plan shall be prepared by a registered landscape architect and shall include plants and vegetation compatible with stormwater management.
(a) 
Infiltration basin, provided that the maximum water impoundment depth is 18 inches maximum;
(b) 
Subsurface infiltration bed;
(c) 
Infiltration trench;
(d) 
Rain garden;
(e) 
Vegetated swale;
(f) 
Infiltration berm, provided the water impoundment depth does not exceed 18 inches.
(10) 
On-site sewage disposal systems, whether individual or community, are not permitted within the greenway.
(11) 
On-site water supply systems, whether individual or community, private or public, are not permitted within the greenway.
B. 
Greenway design standards.
(1) 
Greenway lands shall be laid out in general accordance with the Township's Official Map or along natural pathways to ensure that an interconnected network of open space will be provided. The required greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). PCAs comprise floodplains, wetlands, and slopes over 25%. Greenway land in all options shall be identified and laid out according to the Conservation By Design Four-Step Design Process which begins with the identification of primary and secondary conservation areas. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process.
(2) 
In neutral density subdivisions, the greenway land comprises a minimum of 50% of the adjusted tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the "adjusted tract area" be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
(3) 
Up to 5% of the total tract acreage in any of the options may be subject to the municipality's public land dedication requirement (typically to provide potential connections with the municipal long-range trail network).
(4) 
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
C. 
Other requirements.
(1) 
No portion of any building lot may be used for meeting the minimum required greenway land; however, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
(2) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with § 470-27A herein, shall be provided to greenway land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 50 feet in width to the depth of the adjoining lots.
(b) 
Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
D. 
Management plan.
(1) 
Unless otherwise agreed to by the governing body, the cost and responsibility of maintaining greenway land shall be borne by the property owner, community association, or conservation organization.
(2) 
The applicant shall, at the time of preliminary plan submission, provide a plan for management of greenway land.
E. 
Remedy. Failure to adequately maintain the greenway land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.
(1) 
In the event that the organization established to maintain the greenway land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the greenway land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.
(2) 
Upon default by any owner or other entity responsible for maintenance of greenway land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the municipality may, but shall not be obligated to, take the following actions:
(a) 
Upon 30 days' advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the municipality may enter upon the greenway land to correct the condition. If the municipality is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.
(b) 
Any and all costs incurred by the municipality in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the municipality. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall be added thereto, interest at the rate of 15% per annum as well as all costs incurred by the municipality in collection thereof.
(c) 
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 owner or responsible entity. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.

§ 470-28 Permanent protection for greenway land.

Whenever the landowner is providing greenway land as part of the development, a conservation easement restricting such greenway land in perpetuity against further subdivision or development shall be executed between the landowner and the municipality or a qualified land conservancy acceptable to the municipality. Deed restrictions may also be used in certain applications, in accordance with Subsection B below.
A. 
Conservation easements. Conservation easements are required to protect greenway lands from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements:
(1) 
Easements shall be granted to a land conservancy meeting the requirements in § 470-30. The grantee shall have the rights of reasonable entry and enforcement.
(2) 
The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.
(3) 
Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.
(4) 
The uses of property subject to the conservation easement shall be limited by the permitted uses defined by § 470-27 of this chapter. The following use restrictions shall also apply:
(a) 
The property shall not be further subdivided into additional building lots.
(b) 
Construction shall be permitted only in areas specifically designated in the property description and approved by the Township. The determination of the need for any additional disturbance shall lie with the Township.
(c) 
Permitted construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the management plan.
(d) 
Signs, fencing and dumping shall be restricted in consistence with the permitted uses and management plan.
(5) 
The terms and restrictions of the conservation easement shall be approved by the Township which shall be guided by the objectives set forth in the Township Comprehensive Plan, as well as the management plan for the property.
(6) 
Provisions pertaining to remedies, liability, indemnification and other relevant subjects, shall be approved by the Grantor, the Township and the authorized representative of the grantee before final approval of the development plan by the Township.
B. 
Deed restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:
(1) 
When greenway land totals less than five acres, a deed restriction may be used.
(2) 
If no entity is available or willing to hold a conservation easement on required greenway land, a deed restriction may be used.
(3) 
The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the Township. If the Township does not agree to be party to the restriction, no deed restriction shall be used.
(4) 
Restrictions, meeting municipal specifications, shall be placed in the deed for each lot with greenway land. The deed restriction shall ensure the permanent protection and continuance of the greenway land and shall define permitted uses.
(5) 
It shall be clearly stated in the individual deeds that maintenance responsibility for the greenway land lies with the property owner.

§ 470-29 Ownership and maintenance of greenway land and common facilities.

A. 
Development restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 470-27.
B. 
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(1) 
Fee simple dedication to the municipality. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:
(a) 
There is no cost of acquisition to the Township; and
(b) 
The Township agrees to and has access to maintain such facilities.
(2) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as "common element."
(3) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the Township a description of the organization of the proposed association, including its by-laws and all documents governing ownership, maintenance, and use restrictions for common facilities;
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
(c) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
(d) 
The association shall be responsible for maintenance and insurance of common facilities;
(e) 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
(f) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Township no less than 30 days prior to such event; and
(g) 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(4) 
Private conservation organization. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or equivalent:
(a) 
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
(c) 
The greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and
(d) 
A maintenance agreement acceptable to the municipality is established between the owner and the organization.
(5) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township;
(b) 
Any such easements for public use shall be accessible to the residents of the Township; and
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(6) 
Non-common private ownership. Up to 80% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 470-27, and that the municipality is given the ability to enforce these restrictions.
C. 
Maintenance.
(1) 
Unless otherwise agreed to by the Township, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(2) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements. (This plan may be based on the model prepared for Lower Merion Township, Montgomery County, PA, by the Natural Lands Trust, which has been routinely adopted by developers of conservation subdivisions in that municipality.)
(a) 
The plan shall define ownership;
(b) 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
(c) 
The plan shall estimate staffing needs, insurance requirements and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(d) 
At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(e) 
Any changes to the maintenance plan shall be approved by the Board.
(3) 
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(4) 
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of the County.