[Amended 8-18-1999 by Ord. No. 1999-4; 9-6-2000
by Ord. No. 2000-3]
A.
Specific intent. It is the purpose of this district
to provide for limited density of residential development while preserving
environmentally sensitive natural features and scenic landscapes.
B.
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family
detached dwellings:
(b)
Minimum lot area and width.
[1]
Where single-family detached dwellings are situated
on a lot, a lot area of not less than one acre shall be provided.
[2]
A lot width of the building line of not less
than 150 feet and a lot width at the street line of not less than
50 feet for the depth (perpendicular to the street line) of 50 feet
shall be provided. Further no lot shall have a width of less than
25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on
each lot, the depth of which shall be not less than 50 feet.
[2]
Side yard. One each lot there shall be two side
yards, each having a width of not less than 20 feet, provided that
the sum of the widths of both yards shall be not less than 50 feet.
[3]
Rear yards. There shall be a year yard on each
lot, the depth of which shall not be less 40 feet.
(d)
Lot coverage. The maximum building coverage
shall be 10% of the lot area and maximum total impervious coverage
shall be 15% of the lot area.
(2)
The following regulations shall be observed for uses
by special exception:
(a)
Maximum height.
[1]
Building or other structure: 35 feet, except
such height may be increased to a maximum of 65 feet provided that
for every foot of height in excess of 35 feet there shall be added
to each yard requirement one corresponding foot of width or depth.
(b)
Minimum lot area and width.
[1]
A lot area of not less than three acres for
churches, two acres for institutions and five acres for schools shall
be provided.
[2]
A lot width at the street line of not less than
50 feet shall be provided and a lot width of the building line of
not less than 200 feet shall be provided for all lots.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on
each lot, the depth of which shall be not less than 50 feet.
[2]
Side yards. On each lot there shall be two side
yards, each having a width not less than 50 feet.
[3]
Rear yards. There shall be a rear yard on each
lot, the depth of which shall be not less than 50 feet.
[4]
All parking spaces and parking lots shall be
set back a minimum of 30 feet from any street line and a minimum of
20 feet from any side or rear lot line.
(d)
Lot coverage. The maximum building coverage
shall be 10% of the lot area and the maximum total impervious coverage
shall be 15% of the lot area.
[Amended 8-18-1999 by Ord. No. 1999-4]
A.
Specific intent. It is the purpose of this district
to provide for limited density, when off-site water and sewer service
is provided, of residential development while preserving environmentally
sensitive natural features and scenic landscapes.
B.
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family
detached dwellings:
(b)
Minimum lot area and width.
[1]
For single-family detached dwellings, where
off-site water and sewer service is available, a lot area of not less
than 32,670 square feet shall be provided.
[2]
For single-family detached dwellings, where
off-site water and sewer service is not available, 43,650 square feet
shall be provided.
[3]
A lot width at the building line of not less
than 100 feet and a lot width at the street line of not less than
50 feet for the depth (perpendicular to the street line) of 50 feet
shall be provided. Further no lot shall have a width of less than
25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on
each lot, the depth of which shall be not less than 40 feet.
[2]
Side yard. On each lot there shall be two side
yards, each having a width of not less than 15 feet, provided that
the sum of the widths of both side yards shall be not less than 40
feet.
[3]
Rear yards. There shall be a rear yard on each
lot, the depth of which shall not be less than 30 feet.
[4]
Legally existing structures which are nonconforming in regard to yard regulations may utilize § 225-16C(1).
[Added 1-19-2022 by Ord. No. 2022-03]
(d)
Lot coverage.
[Amended 1-19-2022 by Ord. No. 2022-03]
[1]
Except as provided for in § 225-5C(1)(d)[2], the maximum building coverage for all lots shall be 10% of the lot area and the maximum total impervious coverage for all lots shall be 15% of the lot area.
[2]
For lawfully non conforming lots which are nonconforming in regard
to minimum lot area and are connected to off-site water and sewer
service, the maximum building coverage shall be 3,267 square feet
and the maximum impervious coverage shall be 4,900 square feet.
[Amended 8-18-1999 by Ord. No. 1999-4; 6-7-2000
by Ord. No. 2000-2]
A.
Specific intent. It is the purpose of this district
to provide for limited density, when off-site water and sewer service
is provided, of residential development while preserving environmentally
sensitive natural features and scenic landscapes. Under the provisions
of conditional use, townhouses, semidetached and apartments are permitted.
B.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any one of the following
purposes and no other:
(3)
Conditional uses on tracts of at least 60 acres, where off-site water and sewer service is provided, and subject to the provisions of § 225-6C, C(2) and F and § 225-35 of this chapter, except group day care home and bed-and-breakfast which shall be located in a single-family detached dwelling unit, provided that automotive sales agencies pursuant to Subsection G below shall be located on tracts of at least 20 acres and conservation/open space subdivisions shall be located on tracts of at least 10 acres.
[Amended 3-1-2017 by Ord.
No. 2017-02]
C.
Overall density regulations. The following regulations
shall be observed:
(1)
For single-family detached dwellings the maximum density for any tract where off-site water and sewer service is not provided shall be one dwelling unit per acre. Where off-site water and sewer service is provided the maximum density shall be one dwelling unit for each 0.5 acre. The tract area shall be computed under the regulations of § 225-15G of this chapter.
D.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family
detached dwellings:
(b)
Minimum lot area and width.
[1]
For single-family detached dwellings a lot area
of not less than 21,738 square feet shall be provided with off-site
sewer and water service.
[2]
A lot width at the building line of not less
than 85 feet and a lot width of the street line of not less than 50
feet for the depth (perpendicular to the street line) of 50 feet shall
be provided. Further no lot shall have a width of less than 25 feet
at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on
each lot, the depth of which shall be not less than 40 feet.
[2]
Side yards. On each lot there shall be two side
yards, each having a width of not less than 15 feet, provided that
the sum of the width of both side yards shall be not less than 40
feet.
[3]
Rear yards. There shall be a rear yard on each
lot, the depth of which shall be not less than 30 feet.
(d)
Lot coverage. The maximum building coverage
shall be 15% of the lot area and the maximum total impervious coverage
shall be 20% of the lot area.
(2)
The following regulations shall be observed for uses
permitted as conditional uses:
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet,
but not exceeding three stories.
[Amended 8-1-2007 by Ord. No. 2007-03]
(b)
Yard regulations.
[1]
Front yards. Each structure on the tract shall
have a front yard, the depth of which shall be 1.5 times the height
of the structure, but in no case shall be less than 50 feet.
[2]
Side yards. All buildings shall be located at
least 50 feet from the tract property line. The distance between townhouse
buildings and any other building shall be at least 30 feet. The distance
between apartment buildings and any other building shall be at least
1.5 times the height of the apartment building and in no case shall
be less than 50 feet. For each detached or semidetached single family
dwelling building there shall be one side yard having a width of not
less than 15 feet for each dwelling unit.
[3]
Rear yards. There shall be a rear yard on each
lot, the depth of which shall not be less than 50 feet.
[4]
Apartment building parking spaces and parking
lots shall be set back a minimum of 30 feet from any public street
line and a minimum of 20 feet from any side or rear lot line.
(c)
Lot coverage. The maximum building coverage
shall be 25% of the lot area and the maximum total impervious coverage
shall be 35% of the lot area.
(d)
Building separation. No structural wall of a
building may be located within 30 feet of a structural wall of another
building, other than accessory buildings.
[Added 8-1-2007 by Ord. No. 2007-03]
E.
Mobile home parks. The following regulations shall
be observed:
(1)
Density. The maximum overall density for the tract shall be four dwelling units for each acre computed under the regulations of § 225-15G of this chapter.
(2)
Set back. Each mobile home unit shall be set back
from the edge of the cartway of the cartway of any park street a minimum
of 30 feet and from the street lie of any public street a minimum
of 40 feet.
(3)
Yards. There shall be minimum distance of 20 feet
between each mobile home.
(4)
Lot coverage. Maximum building coverage shall be 25%
of the lot area and the maximum total impervious coverage shall be
35% of the lot area.
F.
G.
Automotive sales agency. The following regulations
shall be observed:
(1)
The height, area and bulk regulations contained in subsection shall be in lieu of those set forth in Subsection C(2) above.
(2)
Frontage. A lot width of not less than 500 feet at
the street line shall be provided along Lincoln Highway (S.R. 0030).
(3)
Building height. Maximum building height shall comply with the regulations set forth in § 225-13C(1) of this chapter.
(4)
Lot width. A lot width of not less than 500 feet at
the building line shall be provided.
(5)
Yards. There shall be a front yard along Lincoln Highway
the depth of which shall be not less than 100 feet. There shall be
two side yards each having a width of not less than 50 feet and rear
yard the depth of which shall not be less than 100 feet. No accessory
use shall be conducted or accessory structure erected within such
required yard areas.
(6)
Lot coverage. Maximum building coverage shall not exceed 35% of the lot area. Total impervious coverage shall not exceed 55% of the lot area. At least 45% of the lot area shall be landscaped in accordance with § 225-17A of this chapter.
(7)
Lot area. For purposes of this § 225-6G only, the calculation of lot area:
(a)
Shall not require the exclusion of existing
or proposed easements provided for the purpose of extending public
water and/or public sewer service to or through the lot.
(b)
May include land contiguous to and in common
ownership with the area to be developed, regardless of the zoning
classification of the contiguous land. Such contiguous land may be
used in the lot coverage calculations for the lot and may be used
in the development of the lot to the extent its use is permitted by
the applicable zoning for such contiguous land.
(8)
Standards. The use shall comply with the regulations set forth in § 225-13D of this chapter including § 225-13D(1) and D(11).
(9)
Additional uses. When authorized by further conditional use approval, freestanding pad sites may be developed on the same lot as the automotive sales agency for any of the uses set forth in § 225-10E(2)(a), (b), (c), (e), (f) and (h) of this chapter, provided that each freestanding pad site shall be individually developed in conformance with §§ 225-17, 225-18 and 225-19 of this chapter as if such sites were each separate lots, provided that no strip of stores shall be permitted and further provided that any such freestanding pad development shall be consistent in design and operation with and under the ownership and control of the automotive sales agency use.
[Amended 9-16-1998 by Ord. No. 1998-5; 6-30-2010 by Ord. No.
2010-01]
A.
Specific intent. It is the purpose of this district to provide for
residential development at various densities while preserving environmentally
sensitive natural features and scenic landscapes. The cluster development
provisions permit increased density when public water and public sewer
facilities are provided and open space is preserved.
B.
C.
Height, area and bulk regulations.
(1)
The following regulations shall be observed for single-family detached dwellings which are not a part of a cluster development pursuant to § 225-7E:
(b)
Minimum lot area and width.
[1]
Where a single-family detached dwelling is situated on a lot,
a lot area of not less than one acre shall be provided.
[2]
A lot width at the building line of not less than 150 feet and
a lot width at the street line of not less than 50 feet for the depth
(perpendicular to the street line) of 50 feet shall be provided. Further,
no lot shall have a width of less than 25 feet at any point.
(c)
Yard regulations.
[1]
Front yards. There shall be a front yard on each lot, the depth
of which shall be not less than 50 feet.
[2]
Side yard. On each lot there shall be two side yards, each having
a width of not less than 20 feet, provided that the sum of the widths
of both yards shall be not less than 50 feet.
[3]
Rear yards. There shall be a rear yard on each lot, the depth
of which shall be not less than 40 feet.
(d)
Lot coverage. The maximum building coverage shall be 10% of
the lot area, and the maximum total impervious coverage shall be 15%
of the lot area.
D.
E.
Cluster development. When the following standards are complied with,
a tract of not less than 50 acres, located within the R-4 District,
may be developed as a cluster development, and each of the lots created
in such development may be used for a single detached dwelling, except
for open space parcels.
(1)
Height, area and bulk regulations.
(a)
The maximum height of any dwelling building or structure shall
not exceed 35 feet nor three stories. Accessory buildings or structures
shall not exceed one story.
(b)
The minimum lot area shall be 20,000 square feet for each lot, provided that open space parcels shall contain at least one acre. For purposes of cluster development, the lot area reduction formulas set forth in § 225-15G shall, as specified in § 225-7E(1)(c), apply to the tract as a whole and shall not apply to the individual lots.
(d)
The minimum lot width at the building line shall be 100 feet.
The minimum lot width at the street line shall be 50 feet for the
depth (perpendicular to the street line) of 50 feet. No lot shall
have a width of less than 25 feet at any point.
(e)
There shall be a front yard on each lot, the depth of which
shall not be less than 40 feet. Corner lots shall have two front yards
of at least 40 feet each.
(f)
On each lot there shall be two side yards. The minimum width
of any side yard shall be 15 feet. Both side yards shall have a minimum
total width of 35 feet. A corner lot shall be considered to have two
front yards and two side yards (each being opposite a front yard)
and no rear yard.
(g)
There shall be a rear yard on each lot other than a corner lot,
the depth of which shall be not less than 40 feet.
(h)
No more than 17.5% of any lot shall be covered by structures,
and not more than 25% thereof shall be covered by total impervious
surfaces.
(2)
Common open space.
(a)
A minimum of 40% of the tract to be developed as a cluster development
shall be designed, restricted and used as common open space ("open
space").
(b)
Areas counted for the open space requirements of a cluster development
may be used in whole or in part for active and/or passive recreational
uses, and for natural resource preservation, or in any manner similar
thereto; provided, however, that the type of recreation uses permitted
within open space areas shall be limited to those which are appropriate
based upon the prevailing environmental conditions and as approved
by the Township. Under no circumstances are motorized vehicles authorized
within any common open space areas, except for the performance of
public safety services or maintenance of the open space area and the
governing document restricting the use of open space areas shall so
specify.
(c)
Open space shall be arranged and located to take advantage of
physical characteristics of the site and to place open spaces within
easy access and view of dwelling units, at the same time preserving
and, where applicable, enhancing natural features and environmentally
sensitive areas such as woodland, lakes, stream valleys and steep
slopes areas.
(d)
Areas set aside for open space shall be significant in size
and character. Strips of land less than 100 feet in width shall not
be counted towards open space. Areas set aside for open space shall
be suitable for the designated purpose and shall be consistent with
the comprehensive plan policy for future land use in the Township.
An open space parcel shall contain no structure other than a structure
related to permitted open space uses, stormwater management or utilities.
(e)
Any land counted toward the open space requirements of a cluster
development must be made subject to a declaration of covenants, restrictions
and easements in form acceptable to the Township Solicitor and duly
recorded in the Chester County Office of the Recorder of Deeds. Such
covenants, restrictions and easements shall prohibit development of
open spaces, except as to permitted recreational uses.
(f)
Open space may be dedicated to the Township for community recreational
use.
(g)
In the event that the open space is not accepted by the Township,
the landowner shall provide for and establish an organization for
the ownership and maintenance of the open space. Such organization
shall not be dissolved nor shall it dispose of the open space by sale
or otherwise (except to an organization conceived and established
to own and maintain open space, subject to Township approval), except
by dedication to the Township. The legal documents creating the organization
shall be subject to Township approval and shall allow the organization
to lien property and property owners within the cluster development
for open space maintenance costs. All property owners within the cluster
development shall be members of said organization. The organization
may lease open space lands to the developer or other qualified person
or corporation for operation and maintenance of open space lands,
provided that:
[1]
The residents of the cluster development shall at all times
have access to the open space.
[2]
The open space shall be properly maintained for the purposes
set forth in this chapter and as allowed by the Township.
[3]
The operation of the open space may be for the benefit of the
residents of the cluster development only or open to the general public.
(h)
The documents provided for the ownership and maintenance of
the open space shall include:
[1]
A complete description of the organization to be established
for the ownership of the open space, including its mean of establishment,
maintenance and financing. A method for assessing mandatory fees on
all property owners in the cluster development for maintenance of
the open space shall be provided. The obligation of each property
owner relative to open space ownership, maintenance and mandatory
membership in said organization shall be evidenced by documents in
the chain of title for each lot.
[2]
A method to give adequate notice to property owners within the
cluster development in the event of the sale or other disposition
of any part of the open space and in the event of assumption of the
maintenance of open space lands by the Township as hereinafter provided.
[3]
That in the event the organization established to own and maintain
the open space, or any successor thereto, shall at any time after
establishment of the cluster development fail to maintain the open
space in reasonable order and condition in accordance with the development
plan in the opinion of the Township, the Township may proceed to demand
that the maintenance deficiencies be corrected and may enter upon
and maintain the open space if proper maintenance is not achieved.
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the cluster development and shall become
a lien on said properties. The Township, at the time of entering upon
said open space for the purpose of maintenance, shall file a notice
of lien in the Chester County Office of the Prothonotary upon the
properties within the cluster development.
F.
The following regulations shall be observed for multifamily dwellings permitted by conditional use per § 225-7B(3)(d).
(1)
Height, area, and bulk.
(a)
Maximum height.
[1]
For any dwelling building or structure: 35 feet, subject to
modifications described below and not exceeding three stories (except
that living area in the attic space is permitted if the building or
structure is architecturally consistent with a three-story building).
In the case of a building consisting of separate and distinct architectural
"sections" as defined below, the building height of the highest section
or sections may exceed 35 feet but not 38 feet, so long as the following
conditions are met:
[a]
The weighted average of all building heights in
the building shall not exceed 35 feet. In computing the weighted average,
the building height of each section shall be multiplied by the horizontal
length of building height of that section and the sum shall be divided
by the total horizontal length of the building. The attached illustration
provides a hypothetical example of the calculation of weighted average
building height.[1]
[1]
Editor's Note: Said illustration is included at the end of this chapter.
[b]
At least 50% of the combined horizontal lengths
of sections' building heights in the building must be at or below
35 feet.
[c]
"Section" defined; illustration of example.
[i]
A "section" is defined as a distinct, vertical
architectural element within a building caused by one or more of the
following:
[ii]
An illustration of a building containing architectural
sections may be found in the example attached.[2]
[2]
Editor's Note: Said illustration is included at the end of this chapter.
[2]
Accessory buildings or structures shall not exceed one story.
(c)
Setback regulations.
[1]
Perimeter setback. There shall be a setback of not less than
50 feet from any building within the development to any perimeter
boundary or any perimeter public road right-of-way.
[2]
All buildings shall be set back a minimum of 10 feet from the
curb of internal roads and either 20.5 feet from the face of curb
of internal roads on which driveways are located or 20 feet from the
edge of internal roads on which driveways are located where such roads
do not have curbs but where the edge of the road shall be delineated
in a visually clear and obvious manner.
[3]
Building separation. No exterior structural wall of a building
may be located within 15 feet of an exterior structural wall of another
building (subject to the provisions of the Unified Building Code),
no front facades of facing buildings may be within 50 feet, and no
rear facades of rear-facing buildings shall be within 60 feet.
[4]
The parking lot setback from the street line of 30 feet [per § 225-19 B(1)] may be reduced to 20 feet with the approval of the Board of Supervisors during the conditional use process in the event that such reduction will minimize disturbance of wetlands.
[5]
The required twenty-five-foot setback from parking lots and interior roads to abutting lot lines in a residential district [per § 225-19 B(4)] may be reduced to 12 feet with the approval of the Board of Supervisors during the conditional use process, provided fencing or other opaque barrier is provided between the parking lot and the residential district with the use of a low-maintenance barrier of between four and six feet in height and landscaping to screen the appearance of this barrier from the residential district.
(d)
Tract coverage. The maximum building coverage shall be 25% of
the tract area, and the maximum total impervious coverage shall be
40% of the tract area; provided, however, that when impervious areas
are dedicated to public use, the maximum impervious coverage may be
increased to 45% of the tract area.
(e)
Building width. A minimum building width of 24 feet shall be
provided for residential buildings.
(2)
Overall density regulation. The maximum density for multifamily dwellings shall be 7.0 dwelling units for each acre computed under the regulations of § 225-15G of this chapter, provided that man-made steep slopes shall not be required to be netted out if graded to a non-steep slope condition as part of required site environmental remediation.
(3)
General regulations. The following requirements shall apply to any
multifamily development proposed for development pursuant to this
chapter:
(a)
Ownership. The tract of land to be developed shall be in one
ownership, or shall be the subject of one application filed jointly
by the owners of the entire tract, and shall be under unified development
control. If ownership of the entire tract is held by more than one
person or entity, the application shall identify, be signed by and
be filed on behalf of all the said owners. Approval of the application
and accompanying plan shall be conditioned upon written agreement
by the applicant or applicants that the tract shall be developed under
a single management entity with the power and obligation pursuant
to recorded covenants in a form acceptable to the Township Solicitor
to comply with any conditions to approval of the application and in
accordance with the approved plan. If ownership of all or any portion
of the tract changes following approval of the application and plan,
no site preparation or construction by such new owner or owners shall
be permitted unless and until such owner or owners shall review the
terms and obligations of approval and agree in writing to be bound
thereby with respect to development of the tract.
(b)
Sewer and water facilities. The tract of land shall be served by water and sanitary sewer facilities acceptable to the Board of Supervisors, upon the recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with the East Caln Township Subdivision and Land Development Ordinance (Chapter 185) and the regulations and standards of the supplier of the said services, including any revisions thereto promulgated by the said supplier to conform to the requirements of the development.
(c)
Architecture
[1]
Architectural components shall be distinctive yet harmonious
with the character of the Township and of unified character throughout
the development.
[2]
At the discretion of the Board, building facades and rooflines
shall be varied and/or staggered to create a visually diverse appearance.
[3]
When requested by the Board, rendered architectural elevation
and perspective drawings, providing a clear perspective of the relationship
of the proposed development to the site and its visual impact on adjacent
properties, shall be submitted as part of the conditional use application.
(d)
Development plan. Any multifamily development shall be the subject
of an application for conditional use approval which shall be accompanied
by a plan or plans ("development plan") showing the size and location
of all proposed structure(s) and/or use(s), location of the required
landscaped areas, all proposed facilities, including access driveways
and parking areas and any other areas and uses of the tract. The development
plan shall cover the entire tract, regardless of any intended phasing
of development. Accompanying the development plan shall be rendered
architectural elevations and perspective drawings, providing a clear
perspective of the relationship of the proposed development to the
site and its visual impact on adjacent properties, and a written site
concept design standards document in which the applicant shall present
proposals for:
(e)
Development agreement. The development of a tract carried out
in either a single phase or in stages shall be executed in accordance
with a development agreement. The owner(s), developer, Township and,
where applicable, lender, shall enter into said agreement embodying
all details regarding compliance with this chapter to assure the binding
nature thereof on the overall tract and its development, which agreement
shall be recorded with and be a condition of approval of the final
land development plan.
(f)
Stormwater management plan. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract, shall be accomplished in accordance with the East Caln Township Subdivision and Land Development Ordinance (Chapter 185); provided that a waiver of the stormwater reduction requirements of § 185-39B(5)(a) of the Subdivision and Land Development Ordinance shall be granted if relief from such provisions is also granted by the Chester County Conservation District.
(g)
Covenant and restrictions. The language, terms and conditions
of any proposed covenants or restrictions proposed by the developer
shall be subject to the approval of the Board of Supervisors upon
recommendation of the Township Solicitor. The Township shall have
the right of enforcement of any covenants or restrictions. No amendments
to the covenants and restrictions affecting Township rights and interests
may be enacted without Township approval. Additional covenants and
restrictions may be required by the Board of Supervisors.
(4)
Open space regulations.
(a)
A minimum of 40% of the tract to be developed shall be designed,
restricted and used as open space ("open space").
(b)
Areas counted for the open space requirement may be used in
whole or in part for passive recreational uses and for natural resource
preservation; provided, however, that the type and design of passive
recreation uses permitted within open space areas shall be limited
to those which are appropriate based upon the prevailing environmental
conditions and as approved by the Township. Under no circumstances
are motorized vehicles authorized within any open space areas, except
for the performance of public safety services or maintenance of the
open space area, and the governing document restricting the use of
open space areas shall so specify.
(c)
Open space shall be arranged and located to take advantage of
physical characteristics of the site and to place open spaces within
easy access and view of dwelling wilts, at the same time preserving
and, where applicable, enhancing natural features and environmentally
sensitive areas such as woodland, lakes, stream valleys and steep
slopes areas.
(d)
Areas set aside for open space shall be significant in size
and character. Strips of land less than 100 feet in width shall not
be counted towards open space. Areas set aside for open space shall
be suitable for the designated purpose and shall be consistent with
the comprehensive plan policy for future land use in the Township.
Areas designated as open space shall contain no structure other than
a structure related to permitted open space uses, stormwater management
or utilities.
(e)
Any land counted toward the open space requirements must be
made subject to a declaration of covenants, restrictions and easements
acceptable to the Township Solicitor and duly recorded in the Chester
County Office of the Recorder of Deeds. Such covenants, restrictions
and easements shall prohibit development of open spaces, except as
to permitted passive recreational uses.
(f)
Open space may be dedicated to the Township if accepted by the
Township or to the Borough of Downingtown if not accepted by the Township.
Proposed open space already owned by the Borough may be retained in
the Borough's ownership.
(g)
In the event that the open space is not accepted by the Township
or the Borough of Downingtown, the landowner shall provide for and
establish an organization .for the ownership and maintenance of the
open space. Such organization shall not be dissolved nor shall it,
or the Borough, dispose of the open space by sale or otherwise (except
to an organization conceived and established to own and maintain open
space, subject to Township approval), except by dedication to the
Township. The legal documents creating the organization shall be subject
to Township approval and shall allow the organization to lien property
and property owners within the multifamily development for open space
maintenance costs. All property owners within the multifamily development
shall be members of said organization. The organization may lease
open space lands to the developer or other qualified person or corporation
for operation and maintenance of open space lands, provided that:
[1]
The residents of the multifamily development shall not be excluded
from access to the open space.
[2]
The open space shall be properly maintained for the purposes
set forth in this chapter and as allowed by the Township.
[3]
The operation and use of the open space shall be subject to
the approval of the Township.
(h)
The documents provided for the ownership and maintenance of
the open space shall include:
[1]
A complete description of the mechanism to be established for
the ownership of the open space, including its mean of establishment,
maintenance and financing. A method for assessing mandatory fees on
all property owners in the multifamily development for maintenance
of the open space shall be provided. The obligation of each property
owner relative to open space ownership, maintenance and mandatory
membership in any organization established for ownership of the open
space shall be evidenced by documents in the chain of title for each
unit.
[2]
A method to give adequate notice to property owners within the
multifamily development in the event of the sale or other disposition
of any part of the open space and in the event of assumption of the
maintenance of open space lands by the Township as hereinafter provided.
[3]
That in the event the Borough of Downingtown or the organization
established to own and maintain the open space, or any successor thereto,
shall at any time after establishment of the multifamily development
fail to maintain the open space in reasonable order and condition
in accordance with the development plan in the opinion of the Township,
the Township may demand that the maintenance deficiencies be corrected
and may enter upon and maintain the open space if proper maintenance
is not achieved. The cost of such maintenance by the Township shall
be assessed ratably against the properties within the multifamily
development and shall become a lien on said properties. The Township,
at the time of entering upon said open space for the purpose of maintenance,
shall file a notice of lien in the Chester County Office of the Prothonotary
upon the properties within the multifamily development.
(i)
The Township shall attempt to coordinate with the Borough of
Downingtown to ensure that use of the open space shall be regulated
uniformly with open space associated with the multifamily development
situate in the Borough.
