Worcester Township, PA Zoning Ordinance

[Added 9-17-1997 by Ord. No. 153; amended 3-22-2006 by Ord. No. 208]

§ 150-110.1 Legislative intent.

To conserve significant areas of open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for effective farm operations;

To reduce erosion and sedimentation and facilitate groundwater recharge by retaining existing vegetation, and minimizing development on steep slopes;

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the extent of paving required for residential development;

To provide for a diversity of lot sizes and building densities, to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained;

To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplains, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, fieldstone walls, critical plant and wildlife habitat, and historic structures);

To provide development options reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties;

To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads;

To provide for the conservation and maintenance of an interconnected network of protected open space lands within the Township to achieve the above-mentioned goals and for active and passive recreational use by residents;

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Worcester Township Open Space Plan, including provisions to create a greenway system for the benefit of present and future residents;

To implement policies identified in the Worcester Township Comprehensive Plan and Worcester Township Open Space Plan.

§ 150-110.2 Use regulations.

Residential uses.

(1)

On tracts eight acres or larger, the following three conservation subdivision options are permitted by right:

(a)

Option 1, neighborhood lots: single-family detached dwellings with open space.

(b)

Option 2, estate lots: single-family detached dwellings at reduced density, on larger lots and with no open space.

(c)

Option 3, country properties: single-family detached dwellings at further reduced density, on larger lots with no open space. Up to two accessory dwelling units shall also be permitted in Option 3.

(2)

Proposals for conservation subdivisions on tracts (existing as of March 1, 2006) eight acres or larger involving three lots or less shall be exempt from the requirements of Subsection A(1) above.

(a)

Lots under this Subsection A(2) shall meet the requirements of §§ 150-12 through 150-17.

(b)

Where development of less than the entire tract is intended, or where the tract is intended to be developed at less than maximum density, the Board of Supervisors may require the applicant to file a sketch development plan for the entire parcel.

(3)

All accessory uses and structures shall comply with accordance with Article XXIV.

[Added 5-19-2021 by Ord. No. 284]

§ 150-110.3 Density determination.

Determination of the maximum number of dwelling units for a conservation subdivision in Option 1 shall be based upon a yield plan, described in Subsection A below. The maximum number of dwelling units in Options 2 and 3 shall be based on the gross tract area and calculated as set forth in Subsections B and C below.

Density in Option 1. The maximum number of dwelling units in Option 1 shall be based on a yield plan, which shall meet the following requirements:

(1)

Yield plans shall be prepared as conceptual layout plans in accordance with the standards of Chapter 130, Subdivision and Land Development, containing proposed lots, streets, rights-of-way, and other pertinent features. Yield plans shall be drawn to scale, but need not be based on a field survey. The layout shall be demonstrably compliant with all applicable zoning regulations and entirely feasible from an engineering standpoint, reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if not served by central sewage disposal facilities, the ability of the site to utilize on-lot, soils-based sewage disposal methods.

(2)

The yield plan shall identify the site's primary and secondary conservation areas, as identified in the existing resources/site analysis plan.

(3)

Sewage disposal systems. On sites not served by central sewage disposal facilities, density shall be further determined by evaluating the number of homes that could be supported by individual soils-based sewage disposal methods. For the purposes of determining density under this section, this standard shall exclude holding tanks, individual stream discharge systems and evapotranspiration systems. Based on the existing resources/site analysis plan and observations made during an on-site visit of the property, the Planning Commission or Board of Supervisors shall select a ten-percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant shall provide evidence that these lots meet the standards for an individual soils-based septic system. Should any of the lots in a sample fail to meet the standard for an individual soils-based septic system, those lots shall be deducted from the yield plan and a second ten-percent sample shall be selected by the municipal planning commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual soils-based septic system. The applicant shall be granted the full density determined by the yield plan.

(4)

Yield plan dimensional standards.

(a)

The following dimensional standards shall be used in the development of a yield plan. Lots shall comply with all requirements of Chapter 130, Subdivision and Land Development. Lot areas shall be calculated as provided in the definition of "lot area calculation" in Article III.

[1]

Minimum lot area: 80,000 square feet

[2]

Minimum lot width: 250 feet.

(b)

Lots which front on secondary collector or primary streets shall have a minimum lot width measured at both the building and street lines of at least 250 feet. Flag lots shall not be permitted along collector or primary streets.

(c)

Front yard:

[1]

On rural, residential, cul-de-sac and secondary feeder streets: 75 feet.

[2]

On secondary collector and primary streets, and scenic roads: 100 feet.

[3]

Rear yard: 100 feet.

[4]

Side yard: 50 feet.

Density in Option 2. The maximum number of dwelling units in Option 2 shall equal one dwelling unit per 160,000 square feet of gross tract area.

Density in Option 3. The maximum base density in Option 3 shall equal one principal dwelling unit per 10 acres of gross tract area. In addition, up to two accessory dwelling units are permitted on a lot, incidental to the primary permitted use and not conducted as an independent principal use, provided the following regulations are met:

(1)

The accessory dwelling unit shall be located within the principal dwelling unit or in existing or new outbuildings (such as barns, stables, carriage houses, garages, and spring houses) and shall be designed to harmonize with the appearance of the principal dwelling.

(2)

On lots less than 10 acres but at least five acres in area, a maximum of one accessory dwelling unit is permitted. On lots 10 acres or larger, up to two accessory dwelling units are permitted.

(3)

The gross floor area of one accessory dwelling unit shall not exceed 1,200 square feet. The gross floor area of the other accessory dwelling unit, where permitted, shall not exceed 950 square feet. Under this section, existing historic accessory buildings more than 75 years old exceeding these floor area limits may be permitted to be used as an accessory dwelling unit, and shall not be required to meet the setback requirements set forth in § 150-110.6.

(4)

No part of an accessory dwelling unit shall be located more than 500 linear feet from any point on the principal dwelling, except for an existing historic accessory building.

(5)

Accessory dwellings shall not be permitted to have an additional accessory building, such as a garage.

(6)

Building permits for new accessory dwelling units (and use and occupancy permits for existing structures proposed for use as accessory dwelling units) shall not be issued until the applicant demonstrates that a restrictive covenant has been placed on the subject property prohibiting future enlargement of the accessory dwelling unit beyond that permitted herein. This restriction shall also be incorporated into the building permit. Issuance of permits for accessory dwelling units shall be contingent upon approval of the Montgomery County Health Department for appropriate sewage disposal systems.

In Options 2 and 3, dwelling unit calculations resulting in a fraction of 0.5 or greater shall be rounded up to the next higher whole number and a fraction of less than 0.5 shall be rounded down to next lower whole number.

In Options 2 and 3, lots shall be permanently restricted from future subdivision and land development by a deed restriction enforced by the Township or by a conservation easement held by the Township or a qualified conservation organization. The organization and the terms and form of the easement shall be approved by the Township.

Transfer of development rights. All or some of the units permitted under Subsections A, B and C above on one or more tracts may be transferred to one or more other tracts, by conditional use, provided the following conditions are met:

(1)

All tracts (whether "sending" or "receiving") shall be owned by the same legal or equitable owner.

(2)

All tracts shall be located in the AGR Agricultural District or the LPD Land Preservation District.

(3)

The applicant shall demonstrate that providing fewer or no units on one or more tracts and more units on one or more other tracts advances the purposes of conservation subdivision set forth in § 150-110.1 better than locating the maximum permitted number of units on each tract.

(4)

The Board of Supervisors shall determine that one or more of the tracts is less suitable or not suitable for development (the sending tracts) and the other tracts are suitable for higher density development (the receiving tract), in accordance with the goals of the Worcester Township Comprehensive Plan and Open Space Plan.

(5)

Permission to transfer units from one or more tracts to other tracts shall be otherwise subject to the requirements of Chapter 150, Zoning, and Chapter 130, Subdivision and Land Development, and any other Worcester Township regulations which apply to the development of the tract(s).

(6)

The applicant shall enter into an agreement with the Township specifying:

(a)

The maximum number of units permitted on each of the tracts;

(b)

The minimum required open space on each tract, which shall meet the requirements of § 150-110.11C; and

(c)

Other conditions as applicable.

(7)

Prior to final approval of the plans for the sending or receiving tract, a deed of dedication to Worcester Township or a conservation easement running with the land and in favor of the Township or a conservation organization approved by the Township shall be established prohibiting any development of the sending tract, except as agreed in Subsection F(6) above and specifically permitted by Worcester Township, and shall be recorded in the Montgomery County Office of Recorder of Deeds. The terms and form of the deed of dedication or conservation easement shall be acceptable to Worcester Township.

§ 150-110.4 Area and bulk regulations.

Option 1: Neighborhood lots:

(1)

Open space: minimum 50% of adjusted tract area, plus constrained lands.

Option 2: Estate lots.

(1)

Open space: no open space is required.

Option 3: Country properties.

(1)

Density: maximum one principal dwelling unit per 10 acres of gross tract area.

(2)

Accessory dwelling units. Up to two accessory dwelling units are permitted, as set forth in § 150-110.3C.

(a)

A ten-acre tract existing on January 1, 2006, is also permitted up to two accessory dwelling units, in conformance with § 150-110.20C. Approval of two accessory dwelling units in addition to the principal dwelling unit shall be contingent upon such tract being deed restricted, with enforcement by the Township, against any further dwelling units.

(3)

Open space: no open space is required.

(4)

Road standards. Roads providing access to country properties shall not be required to meet all of the standards for public roads set forth in Chapter 130, Subdivision and Land Development. At the discretion of the Board of Supervisors, the cartway width and pavement standards may be modified.

§ 150-110.5 Open space in Option 1.

Minimum open space required in Option 1 shall be determined as follows:

Determine constrained lands. Constrained lands shall consist of the sum of Subsection A(1) and (2) below:

(1)

One hundred percent of floodplains, wetlands, land continuously covered with water, riparian buffer Zone 1, land within the legal rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead utility lines, and steep slopes over 25%.

(2)

Fifty percent of steep slopes 15% to 25%.

Determine adjusted tract area (ATA). The adjusted tract area (ATA) shall equal the gross tract area, as defined in Article III, minus the constrained lands determined in Subsection A above.

Calculate minimum open space. The minimum required open space shall equal 50% of the adjusted tract area calculated in Subsection B above, plus 100% of the constrained lands calculated in Subsection A above.

Formula: Open Space = (50% of ATA) + Constrained Lands

Conservancy lots, containing an existing or proposed dwelling or farm complex, may be established to provide surrounding residents with visual access to open space land, while keeping the land under private ownership and maintenance. A conservancy lot shall conform to the following standards:

(1)

It shall be at least 10 acres in area.

(2)

It may occupy up to 60% of the minimum required open space, with the remainder of the required open space owned and managed in accordance with the methods permitted in § 150-110.12. This percentage may be increased to 100% if, at the discretion of the Board of Supervisors, such increase furthers the open space objectives of the Township.

(3)

A minimum area of at least one acre surrounding the dwelling or farm complex shall be set aside and shall not be counted toward the required minimum open space. The remainder of the conservancy lot shall be permanently protected open space subject to the provisions of § 150-110.12, Ownership and maintenance of open space and common facilities.

(4)

The conservancy lot shall be held under individual private ownership (not a homeowners' association or land trust) and shall conform to the lot width and yard requirements for Option 3 in § 150-110.6.

§ 150-110.6 Lot area, width and yard requirements.

Lots shall conform with the following lot area, width and yard requirements:

		Option 1 Neighborhood Lots		Option 2 Estate Lots	Option 3 Country Properties
Minimum lot area		18,000 square feet with centralized sewer and water	30,000 square feet	40,000 square feet	60,000 square feet
Minimum lot width:
	At street line	40 feet	50 feet	100 feet	150 feet
	At building line	80 feet	100 feet	200 feet	300 feet
Front yard		35 feet	50 feet	50 feet	100 feet
Side yard		10 feet, 25 feet aggregate	15 feet, 40 feet aggregate	50 feet	100 feet
Rear yard		40 feet	50 feet	50 feet	100 feet

§ 150-110.7 Impervious surface coverage.

[Amended 10-20-2021 by Ord. No. 287]

Maximum impervious surface limitations shall be established as follows:

Lot Area	Maximum Impervious Surface Coverage
18,000 to 39,999 sq. ft.	25%
40,000 to 49,999 sq. ft.	24%
50,000 to 59,999 sq. ft.	23%
60,000 to 69,000 sq. ft.	22%
70,000 to 79,999 sq. ft.	20%
80,000 sq. ft. — 2.99 acres	18%
3.00 to 3.99 acres	16%
4.00 to 4.99 acres	14%
5.00 to 5.99 acres	12%
6.00 to 6.99 acres	10%
7.00 to 7.99 acres	8%
8.00 to 8.99 acres	7%
9.00 to 13.99 acres	6%
14.00 or more acres	Not to exceed 39,500 sq. ft.

§ 150-110.8 Height regulations.

Principal building: maximum 35 feet, not exceeding 2.5 stories.[1]

[1]

Editor's Note: Former Subsection B, regarding accessory building height, was repealed 5-19-2021 by Ord. No. 284.

§ 150-110.9 Design process for delineation of open space and development areas.

Options 1, 2 and 3 shall follow the four-step design process set forth in § 130-15.1B of Chapter 130, Subdivision and Land Development. Applicants shall be required to document in sufficient detail compliance with the design process as described in Chapter 130, Subdivision and Land Development.

Additional design standards for dwellings and lots.

(1)

Scenic qualities of all roads, particularly scenic roads as identified in the Worcester Township Comprehensive and Open Space Plans, shall be preserved to the greatest extent possible by effectively siting dwellings to be screened by existing topography, existing vegetation, or additional landscaping which meets the landscaping requirements of this chapter and Chapter 130, Subdivision and Land Development.

(2)

All new dwellings shall meet the following setback requirements:

(a)

From all external road rights-of-way: 100 feet.

(b)

From other tract boundaries: 50 feet.

(c)

From cropland or pasture land: 100 feet.

(d)

From buildings or barnyards housing livestock (including horses): 300 feet.

(e)

From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.

(3)

Lots shall, to the maximum extent possible, be accessed from interior streets, rather than from roads bordering the tract.

(4)

At least 75% of the lots shall directly face conservancy lots or common open space land or face such land across a street.

§ 150-110.10 Uses permitted in open space.

The following uses shall be permitted within the open space in Option 1 developments:

Conservation of open land in its natural state (e.g., woodland, fallow field, or managed meadow);

Nonintensive agricultural and horticultural uses, including boarding of horses, raising crops or livestock, wholesale nurseries excluding a retail sales center, tree farm excluding Christmas tree retail sales. New buildings and structures are not permitted, with the exception of fences and shelters for animals not exceeding 300 square feet in floor area. Related existing agricultural residences and other existing associated buildings and structures may be located on the same lot as the agricultural uses, but the footprint of the residential building shall not be counted towards the minimum required open space. Agricultural uses specifically excluded are intensive agricultural uses and commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

Pasture land for horses used solely for recreational purposes. Equestrian facilities, such as corrals, paddocks and riding rings, but excluding new buildings, shall be permitted, but shall not occupy more than half of the minimum required open space.

Neighborhood open space uses such as common greens, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, but specifically excluding motorized off-road vehicle uses, shooting ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.

Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided:

(1)

Such areas in total do not consume more than 50% of the minimum required open space or five acres, whichever is less.

(2)

Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting residential properties.

Water supply and (if specifically permitted by the Board of Supervisors upon demonstration of no reasonable engineering alternative) in-ground sewage disposal systems (including individual off-lot systems), designed, landscaped, protected and permanently memorialized in recorded easement/maintenance agreements approved by the Township Solicitor.

Naturalized stormwater recharge areas designed, landscaped, and available as an integral part of the open space system and capable of being used or enjoyed (e.g., a scenic feature, open meadow) by the residents of the development or Township, as determined by the Board of Supervisors.

Easements for drainage, access, sewer or water lines, or other public uses.

Underground utility rights-of-way. (Aboveground utility and road rights-of-way may traverse open space and conservation areas, but shall not count towards the minimum required open space.)

§ 150-110.11 Open space design standards.

The location and configuration of proposed open space shall be based upon the guidelines and review standards outlined in §§ 130-15.1 and 130-15.2 of Chapter 130, Subdivision and Land Development. In addition, the open space shall meet the following design standards:

Open space shall be laid out in general accordance with the intent to provide an interconnected network of open space across the development site, and ultimately across the Township. All primary conservation areas shall be included in the open space.

The required open space shall be owned and maintained as permitted in § 150-110.12.

At least 30% of the adjusted tract area shall be available for the common use and passive enjoyment of the residents of the development, or Township residents if applicable, except where the primary purpose of the open space is for agricultural purposes.

Buffers for adjacent public parkland.

(1)

Where the proposed development adjoins public parkland, a natural buffer of at least 150 feet in depth 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, or stewardship of the buffer area.

(2)

Where the required buffer is unwooded, the Board of Supervisors 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 plant species.

(3)

Proposed maintenance of the parkland buffer shall be included in the open space management plan required in § 150-110.12C.

No portion of any building lot may be used to meet the minimum open space requirement, except in the form of conservancy lots as permitted in § 150-110.5D.

Pedestrian and maintenance access to open space, excluding those lands used for agricultural or horticultural purposes, shall be provided in accordance with the following requirements:

(1)

One access point per 15 units shall be provided. Such access points shall be a minimum of 35 feet in width.

(2)

Access to open space used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural activities.

§ 150-110.12 Ownership and maintenance of open space and common facilities.

Permanent protection of open space in Option 1.

(1)

Open space created under Option 1 shall be permanently restricted from future subdivision and land development by one or more of the methods permitted in Subsection B below. Except as otherwise specified in this section, development shall not be permitted in the open space at any time.

(2)

Where disturbance of open space is proposed, the determination of necessity for such disturbance shall lie with the Board of Supervisors. Disturbance shall be kept to the minimum necessary.

Ownership options for open space and other common facilities. Subject to permanent conservation restrictions, the following methods may be used, either individually or in combination, to own open space and other 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 total approved amount of common open space ratio in the overall development.

(1)

Fee simple dedication to the Township.

(a)

The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of designated open space land. There shall be no cost to the Township for acceptance of such dedication.

(b)

Where the Township accepts dedication of open space land that contains improvements, the Board of Supervisors may require the posting of financial security in the amount of 15% of the cost of the improvements 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.

(2)

Condominium ownership. The designated open space land and associated facilities may be held in common by the unit owners as a condominium, the documents for which shall be approved by the Board of Supervisors. Such condominium documents shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All common open space land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of § 150-110.12B(3) below. Condominium documents shall be recorded with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium documents with sufficient detail to demonstrate feasible compliance with this section.

[1]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(3)

Homeowners' association. The open space 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 applicant shall provide the Township with a description of the association, proof of incorporation of the association, a copy of its bylaws, and satisfactory proof of adoption thereof, a copy of the declaration of covenants, easements or restrictions or similar document(s) regulating the use of the property and setting forth methods for maintaining the open space.

(b)

The association shall be organized by the owner or applicant and operated with financial subsidization from the owner or applicant before the sale of any lots within the development.

(c)

Membership in the association shall be mandatory for all purchasers of homes therein and their successors, heirs and assigns. The conditions and timing of transferring control of the association from developer to the homeowners shall be identified.

(d)

The association shall be responsible for maintenance and insurance on open space and other common facilities owned by the association, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the Township, which may place liens against the homes of the individual members of the association to recover its costs.

(e)

The members of the association shall share equitably the costs of maintaining open space owned by the association. Shares shall be defined within the association bylaws or declaration. 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 fund reserved for such purposes.

(f)

In the event of a proposed transfer, within the methods here permitted, of open space 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 members of the association no less than 30 days prior to such event.

(g)

The association shall have or hire adequate personnel to administer common facilities and to properly and continually maintain the open space.

(h)

The homeowners' association may lease open space lands to any qualified person or corporation, or to the Township. Such lease shall include operation and maintenance of such lands, and such a lease agreement shall provide:

[1]

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

[2]

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 referred to in Subsection B(3)(h), above, 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 Montgomery County, Pennsylvania 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 documents shall be approved by the Township, demonstrate compliance with the provisions herein, and shall be recorded with the final subdivision and land development plans. Proof of recording thereof shall be provided to the Township prior to the issuance of any building permits for the property. At the time of preliminary plan submission, the applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with this section.

(4)

Private conservation organization or Montgomery County, Pennsylvania. With the permission of the Township, an owner or applicant may transfer either fee-simple title of the open space or conservation easements on the open space to a private, nonprofit conservation organization recognized by the Township, among whose primary purposes it is to conserve open space and/or natural resources, or to Montgomery County, Pennsylvania, 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 in the event that the organization or Montgomery County, Pennsylvania, becomes unwilling or unable to continue carrying out its functions;

(c)

The open space is permanently restricted against future development through a conservation easement and the Township is included in the easement as an entity entitled to enforce these restrictions; and

(d)

A maintenance agreement acceptable to the Board of Supervisors is entered into by the owner and the organization or Montgomery County.

(5)

Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion or portions of designated open space land. In such cases, the open space remains in the ownership of the condominium association, homeowners' association or private conservation organization while the easements are held in public ownership. 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 provide for access for all residents of the Township.

(c)

A satisfactory maintenance agreement shall be established, in writing, between the owner and the Township.

(6)

Noncommon private ownership of open space. Up to 60% of the required open space may be included within one or more privately owned conservancy lots of at least 10 acres each. This percentage may be increased up to 100% if, at the discretion of the Board of Supervisors, such increase furthers the open space objectives of the Township. Such open space shall be permanently restricted from future development through a conservation easement, except for those uses listed in § 150-110.10A through C and § 150-110.10G through I, and the Township shall have the authority to enforce the restrictions.

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 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 designated 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 designated 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 designated open space, including conservation plan(s) approved by the Montgomery 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 designated open space; and

[5]

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

[6]

At the Township'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 after project completion.

(b)

At the time of preliminary plan submission, the applicant shall provide a draft open space management plan with sufficient detail to demonstrate feasible compliance with the provisions required under this section.

(c)

The management plan shall be recorded with the final subdivision and land development plans in the Office of the Recorder of Deeds of Montgomery County, Pennsylvania.

(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 management plan.

(e)

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 of Supervisors shall not be unreasonably withheld or delayed, so long as:

[1]

The proposed change is feasible and 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)

Failure to maintain facilities and corrective action.

(a)

Upon default by any owner, homeowners' association, conservation organization, or other entity responsible for maintenance of open space and/or associated common 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 thirty-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 default 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 be filed by the Township in the office of the Prothonotary of Montgomery County, Pennsylvania.

Open space performance bond. 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. Financial security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter 130, Subdivision and Land Development.

Worcester Township City Zoning Code

ARTICLE XVIA