Primary conservation areas comprise environmentally sensitive areas including floodplains, submerged lands, wetlands, riparian and wetland buffers, critical value forests, critical value woodland, and slopes over 25%. Clearing in primary conservation areas shall be prohibited, except as necessary to create trails or to remove hazardous and/or invasive vegetation.

Secondary conservation areas include precautionary slopes (15% to 25%), seasonal high-water table soils, non-critical value woodlands, non-critical value forests, visual resources, and lands on which conservation is desirable for purposes of providing an interconnected system of greenway land and recreation. Clearing in secondary conservation areas shall generally be prohibited, except as necessary to create trails and recreation facilities and/or vegetation management. The determination of necessity shall lie with the Board of Supervisors.

Where applicable, greenways shall be designed to preserve woodlands and forests, especially to maximize preservation of interior forests and old growth forest.

Greenway lands in Tier I developments may be contained within conservancy lots, as undivided land with common rights of usage among the subdivision residents, or a combination of the two.

In Tier I and Tier II subdivisions, the required greenway land comprises all of the primary conservation areas within the total tract.

In Tier III and Tier IV subdivisions, the greenway land shall comprise a minimum of the applicable percentage of the adjusted tract acreage, plus all of the primary conservation areas within the tract. The greenway land may be owned and maintained by the Township, a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual and subject to the terms of a conservation easement. Except when used for active agriculture, less than 50% of the land composing the greenway land shall be available for the common use of the subdivision residents. Resident access to greenway land used for active agriculture is at the discretion of the Board of Supervisors. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.

Greenway land within Tier III and Tier IV subdivisions shall generally remain undivided. Alternatively, up to 50% of the greenway land may be included within one or more large conservancy lots at the discretion of the Board of Supervisors, with the remainder deeded to a homeowners' association, land trust, or the Township. See §§ 315-51 and 315-52 of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent for greenway design criteria. In determining the amount of greenway land which may be included in the conservancy lots of a given subdivision application, the Board of Supervisors shall consider, among other things, the effect that such conservancy lots have on the location and interconnected nature of the balance of the greenway land proposed and the reduction in the ability to utilize greenway lands as buffer areas to reduce the impact that the proposed development has on adjacent parcels of land. Neither the building envelope nor the impervious coverage on conservancy lots shall be considered as greenway land. In situations not involving conservancy lots of 10 acres or more, waivers to the minimum standard for undivided greenway land in Tier III subdivisions and minimum standard for undivided greenway land in Tier IV subdivisions may be granted by the Board of Supervisors to enable applicants to provide a greater variety of larger lot sizes within their proposed subdivisions. Under this waiver provision, such larger lots may consume up to 20% of the undivided greenway land that is normally required. Any such proposed reduction in the undivided greenway land shall not compromise the integrity of that land from an environmental, functional or visual standpoint. In order to safeguard these values, those parts of the enlarged house lots that would have ordinarily been included in the undivided greenway land (based on the locational criteria for greenway lands in this chapter and in Chapter 315, Subdivision and Land Development, of the Township's Code) shall be protected through permanent conservation easements prohibiting construction and land management practices inconsistent with conservation purposes. Because of the potential of streams, brooks and creeks as corridors for neighborhood paths and community trail linkages, individual private lot lines shall not be allowed to extend to within 100 feet of their banks.

Buffers for adjacent public parks or nature preserves. Where the proposed development adjoins public parkland (Township, county, state or federal), or nature preserves owned by any governmental agency or private conservation organization, a greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with such lands, 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 trail construction or the removal of invasive plant and tree species). 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 species.

Watercourses, floodplains, and delineated wetlands.

Riparian and wetland buffers.

Critical value forests and critical value woodlands.

Interior forest habitats, through the consolidation of permanently protected woodland and forest areas.

Non-critical value forests and non-critical value woodlands.

Springs and seasonal high-water table soils.

Prime agricultural lands.

Slopes in excess of 25%.

Slopes 15% to 25%.

Visual and historic resources.

Ownership by the Township.

Ownership by homeowners' associations.

Ownership by condominium associations. In order to facilitate public matters such as the collection of taxes on greenway land and associated facilities, such land and facilities shall be controlled through the use of condominium agreements, approved by the Board. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All common greenway land shall be held as common element and shall be subject to a permanent conservation easement.

Ownership by individuals. Greenway land may be individually owned within a development, provided that the remainder of each lot meets the minimum area and bulk requirements of the district and such greenway land is subject to a permanent conservation easement ensuring the purposes of § 390-121 are achieved. Any proposed uses within the greenway land shall be subject to the approval of the Board of Supervisors.

Public access. Where greenway land is owned by an entity other than the Township, the Township may, but shall not be required to, accept easements for public use of any portion or portions of common greenway land, title of which is to remain in ownership by the condominium or homeowners' association, provided:

Conservation easements with a private conservation organization. With the permission of the Township, an owner, including the Township, may grant easements to a private, nonprofit organization recognized by the Township, among whose purpose it is to conserve greenway land and/or natural resources, provided that:

Township as easement holder. The Township may elect, but shall not be required, to be designated and serve as the easement holder for any portion or portions of greenway land which becomes the subject of an easement under this chapter or may hold such easement jointly with a private conservation organization or another governmental entity, provided that:

A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities and greenway lands at the time of preliminary subdivision plan submission. A maintenance and operations plan shall be submitted, detailing the kinds of tasks that will need to be undertaken on a regular basis to control invasive species and to promote a varied habitat for plant and wildlife, the various responsibilities for those maintenance tasks, and the entities that will perform those tasks in both the short term and over the longer term. Such maintenance and operations plan shall be in accordance with the then-current land stewardship handbook "Greenway Lands Stewardship Guide" and shall include concomitant budget to ensure adequate maintenance of the greenway land. Such budget shall be subject to review and approval by the Township on an annual basis. Any changes to the maintenance and operations plan shall be approved by the Board of Supervisors.

In the event that the entity established to maintain the greenway lands and the common facilities, or any successor thereto, shall at any time after establishment of a development containing greenway land fail to maintain such land in reasonable order and condition in accordance with the development plan, 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 greenway land in reasonable condition.

Failure to adequately maintain the greenway land in reasonable order and condition constitutes a violation of this chapter. The Board 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 30 days.

If the owner fails to remedy, the Township may assume responsibility for maintenance; in which case, any escrow funds may be forfeited and any permits may be revoked or suspended. The Township may enter the premises and take corrective action. The costs of such corrective action shall be charged to the property owner and may include administrative and legal costs and penalties.

Should any bill or bills for maintenance of greenway land by the Township be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills, and a lien shall be filed against the premises in the same manner as other municipal claims.