[Added 10-2-2019 by Ord. No. 2019-05]
A.
Purpose. In addition to the community development objectives in Zoning § 370-5, it is the purpose of this district to:
(1)
Conserve undeveloped land for the benefit of residents, wildlife
habitat and ecosystem processes;
(2)
Encourage innovation and promote flexibility, economy and ingenuity
in development;
(3)
Provide multiple development options for landowners to reflect
their varying circumstances and the individual characteristics of
their properties;
(4)
Provide homes with direct views of conservation land, organized
around common greens;
(5)
Provide for the conservation and maintenance of conservation
land and for active or passive recreational use by residents;
(6)
Provide greater efficiency in the siting of services and infrastructure,
including the opportunity to reduce length of roads, utility runs,
and the impervious cover required for residential development;
(7)
Provide a wider range of feasible locations for stormwater and
wastewater facilities in order to comply with prevailing state-of-the-art
designs and best management practices;
(8)
Protect water quality and reduce erosion and sedimentation by
retaining existing vegetation and minimizing development on steep
slopes; and,
(9)
Implement natural resource conservation policies set forth in
the Township's adopted plans;
B.
Development options. In order to achieve the purposes in Subsection A above, the following development options are permitted by right:
(1)
Option 1: Basic conservation with neutral density, providing
for residential uses at the density permitted by the underlying zoning
district, with at least 50% of the developable area and all of the
constrained land as conservation land.
(2)
Option 2: Country properties, providing for residential uses
at very low densities, with common conservation land permitted but
not required and the opportunity for accessory dwelling units on the
lots.
(3)
Option 3 (R-1 District only): Estate lots, providing for residential
uses in conventional layouts, at half the density of Option 1, with
common conservation land permitted but not required.
C.
Applicability. This district shall be an overlay on the FR and R-1
Districts. In the FR District, the overlay shall apply to all tracts
of seven acres of developable area or larger, and more than three
residential dwelling units. In the R-1 District, the overlay shall
apply to all tracts of five acres of developable area or larger, and
more than five residential dwelling units.
The design of all new subdivisions in the CO District shall
be governed by the following minimum standards:
A.
Ownership. The development tract may be held in single ownership
or in multiple ownerships. When a development tract is held in multiple
ownerships, it shall be:
B.
Combining the development options. The development options permitted
in this article may be combined based upon demonstration by the applicant,
to the Board of Supervisors, that such a combination would better
conserve conservation land as compared with applying a single option
to the property. When more than one option is applied to a development
tract, the applicant shall clearly indicate the boundaries of each
option and shall provide the density and conservation land calculations
for each option.
A building may be erected or used, and a lot may be used or occupied, for any one of the following purposes and no other, except as otherwise provided in § 370-58 of this chapter:
A.
The maximum number of dwelling units shall be determined by a calculation using the density factor set forth in Table 370-229A and the formula in Subsection D.
B.
Conservation land. The minimum conservation land shall be as set forth in Table 370-229A and the formula in Subsection E. In addition, the following standards shall apply:
(1)
Conservation 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 conservation land.
(2)
Greens. At least 3% of the required conservation land shall
be in the form of greens. Greens shall contain a minimum area of 5,000
square feet and a maximum area of 30,000 square feet.
(3)
When an applicant combines development options, to include Option
3, country properties, up to 80% of the required conservation land
may be located on a conservancy lot of 10 or more acres, provided
such conservation land is protected by a conservation easement.
Table 370-229A. Maximum density and minimum conservation land
requirements.
| |||
---|---|---|---|
Density Factor FR District
|
Density Factor R-1 District
|
Minimum Conservation Land
| |
Option 1: Basic conservation with neutral density
|
One dwelling unit/100,000 square feet
|
No public sewer: one dwelling unit/60,000 square feet; Public
sewer is available: one dwelling unit/50,000 square feet; and
Both public sewer and water are available: one dwelling unit/35,000
square feet
|
50% of developable area (DA1) plus
constrained land2
|
Option 2: Country properties
|
One dwelling unit/10 acres of gross tract area
|
One dwelling unit/10 acres of gross tract area
|
Conservation land is permitted, but not required
|
Option 3: Estate lots
|
Not permitted
|
No public sewer: one dwelling unit/120,000 square feet;
Public sewer is available: one dwelling unit/100,000 square
feet; and
Both public sewer and water are available: one dwelling unit/70,000
square feet
|
Conservation land is permitted, but not required
|
Notes:
| |
1
|
DA = Developable area (see Article II, Definitions).
|
2
|
See Table 370-229B. Constrained land.
|
C.
Accessory dwelling units (ADU's). In Option 2, one ADU is permitted on a Conservancy Lot of 10 or more acres, in addition to the density permitted in § 370-229A, above, in accordance with the following standards:
(1)
The ADU shall be designed to harmonize with the appearance of
the principal dwelling.
(2)
The ADU shall be located within the principal dwelling unit
or in existing or new outbuildings (such as barns, stables, carriage
houses, garages and springhouses).
(3)
The gross floor area of the ADU shall not exceed 1,200 square
feet when located in new outbuildings or in an addition to a principal
dwelling. An ADU located in an existing historic dwelling or structure
may exceed the floor area limit, provided the gross floor area does
not exceed 50% of that of the principal dwelling.
(4)
The ADU shall meet all the setback standards in the applicable
underlying FR or R-1 Zoning District, except that historic structures,
listed on the Schuylkill Township Historic Properties Map, reused
as ADUs, shall be exempt from these requirements.
D.
Maximum number of dwelling units formula.
(1)
In Options 1 and 3, (as set forth in § 370-225B) the maximum number of dwelling units equals the gross tract area, less a percentage subtracted for proposed public and private streets, multiplied by the applicable density factor in Table 370-229A, as follows:
(a)
|
Gross tract area1
|
_____ square feet
| ||
(b)
|
Subtract the following percentage of gross tract area, to account
for proposed public and private streets:
|
-
|
_____ square feet
| |
[1]
|
FR Zoning District: 10%
| |||
[2]
|
R-1 Zoning District: 15%
| |||
(c)
|
Equals gross tract area less percentage for proposed public
and private streets
|
=
|
_____ square feet
| |
(d)
|
Multiply line (c) above by density factor for applicable Zoning
District (from Table 370-228A)
|
x
|
_____ square feet
| |
(e)
|
Equals maximum number of dwelling units
|
=
|
_____ DUs
|
1
|
All area measurements expressed consistently as either square
feet or acres.
|
(2)
Where maximum number of dwelling units calculations result in
fractional numbers, the fraction shall be rounded down to the next
whole number.
E.
Minimum acreage of conservation land formula.
(1)
In Option 1 developments, the minimum area of conservation land
equals 50% of the developable area, plus constrained land, as determined
in Table 370-228B, below.
Table 370-229B. Constrained land.
| ||
---|---|---|
Constrained Land Type
|
Area
(in Acres)
| |
A.
|
Areas set aside as the ultimate right-of-way for a public or
private street;
| |
B.
| ||
C.
| ||
D.
| ||
E.
|
Existing stormwater management facilities pursuant to Chapter 310, Stormwater Management;
| |
F.
|
Areas comprising rights-of-way and easements for aboveground
utilities and underground utilities other than for local retail service;
| |
G.
| ||
H.
| ||
Constrained land = Sum of A - H.
|
(2)
Developable area (DA), equals the Gross Tract area minus the
constrained land.
(a)
|
Gross Tract Area
|
_____ acres
| |
(b)
|
Subtract constrained land (from Table 104.D.h above
|
-
|
_____ acres
|
(c)
|
Equals developable area (DA)
|
=
|
_____ acres DA
|
A.
The dimensional standards in Table 370-230A and 370-230B shall apply
to Options 1 through 3.
Table 370-230A. Dimensional standards for the FR District.
| ||
---|---|---|
Option 1 Basic Conservation with Neutral Density
|
Option 2 Country Properties
| |
Density (refer also to § 370-228)
|
One dwelling unit/100,000 square feet
|
One dwelling unit/10 Acres, gross
|
Minimum lot area
|
20,000 square feet
|
60, square feet
|
Minimum lot width at building line1
|
80 feet
|
140 feet
|
Minimum street frontage
|
20 feet
|
50 feet
|
Minimum front yard
|
20 feet
|
100 feet
|
Garage setback2
|
10 feet
|
10 feet
|
Minimum rear yard
|
40 feet
|
50 feet
|
Accessory buildings
|
10 feet
|
10 feet
|
Minimum side yard
|
10 feet
30 feet aggregate
|
20 feet
|
Maximum height
|
35 feet
|
35 feet
|
Notes:
| |
1
|
In the case of flag lots, the building line shall be located
where the lot equals the minimum width.
|
2
|
For front loaded garages, the minimum setback behind the principal
facade, at its greatest setback dimension.
|
Table 370-230B. Dimensional standards for the R-1 District:
No Public Sewer.
| |||
---|---|---|---|
Option 1 Basic Conservation with Neutral Density
|
Option 2 Country Properties
|
Option 3 Estate Lots
| |
Density (refer also to § 370-229)
|
One dwelling unit/60,000 square feet
|
One dwelling unit/10 Acres, gross
|
One dwelling unit/120,000 square feet
|
Minimum lot area
|
20,000 square feet
|
60,000 square feet
|
20,000 square feet
|
Minimum lot width at building line1
|
80 feet
|
140 feet
|
80 feet
|
Minimum street frontage
|
20 feet
|
50 feet
|
20 feet
|
Minimum front yard
|
20 feet
|
100 feet
|
20 feet
|
Garage setback2
|
10 feet
|
10 feet
|
10 feet
|
Minimum rear yard
|
40 feet
|
50 feet
|
40 feet
|
Accessory buildings
|
10 feet
|
10 feet
|
10 feet
|
Minimum side yard
|
10 feet
30 feet aggregate
|
20 feet
|
10 feet
30 feet aggregate
|
Maximum height
|
35 feet
|
35 feet
|
35 feet
|
Notes:
| |
1
|
In the case of flag lots, the building line shall be located
where the lot equals the minimum width.
|
2
|
For front loaded garages, the minimum setback behind the principal
facade, at its greatest setback dimension.
|
Table 370-230C. Dimensional Standards for the R-1 District:
Public Sewer is available.
| |||
---|---|---|---|
Option 1 Basic Conservation with Neutral Density
|
Option 2 Country Properties
|
Option 3 Estate Lots
| |
Density (refer also to § 370-229)
|
One dwelling unit/50,000 square feet
|
One dwelling unit/10 Acres, gross
|
One dwelling unit/100,000 square feet
|
Minimum lot area
|
20,000 square feet
|
60,000 square feet
|
20,000 square feet
|
Minimum lot width at building line1
|
80 feet
|
140 feet
|
80 feet
|
Minimum street frontage
|
20 feet
|
50 feet
|
20 feet
|
Minimum front yard
|
20 feet
|
100 feet
|
20 feet
|
Garage setback2
|
10 feet
|
10 feet
|
10 feet
|
Minimum rear yard
|
40 feet
|
50 feet
|
40 feet
|
Accessory buildings
|
10 feet
|
10 feet
|
10 feet
|
Minimum side yard
|
10 feet
30 feet aggregate
|
20 feet
|
10 feet
30 feet aggregate
|
Maximum height
|
35 feet
|
35 feet
|
35 feet
|
Notes:
| |
1
|
In the case of flag lots, the building line shall be located
where the lot equals the minimum width.
|
2
|
For front loaded garages, the minimum setback behind the principal
facade, at its greatest setback dimension.
|
Table 370-230D. Dimensional standards for the R-1 District:
Both Public Sewer and Public Water are available.
| |||
---|---|---|---|
Option 1
Basic Conservation with Neutral Density
|
Option 2 Country Properties
|
Option 3 Estate Lots
| |
Density (refer also to § 370-104)
|
One dwelling unit/35,000 square feet, DA
|
One dwelling unit/10 Acres, gross
|
One dwelling unit/70,000 square feet, DA
|
Minimum lot area
|
7,500 square feet
|
60,000 square feet
|
20,000 square feet
|
Minimum lot width at building line1
|
50 feet
|
140 feet
|
60 feet
|
Minimum street frontage
|
20 feet
|
50 feet
|
20 feet
|
Minimum front yard
|
20 feet
|
100 feet
|
20 feet
|
Garage setback2
|
10 feet
|
10 feet
|
10 feet
|
Minimum rear yard
|
25 feet
|
50 feet
|
25 feet
|
Accessory buildings
|
10 feet
|
10 feet
|
10 feet
|
Minimum side yard
|
5 feet
20 feet aggregate
|
20 feet
|
5 feet
20 feet aggregate
|
Maximum height
|
35 feet
|
35 feet
|
35 feet
|
Notes:
| |
1
|
In the case of flag lots, the building line shall be located
where the lot equals the minimum width.
|
2
|
For front loaded garages, the minimum setback behind the principal
facade, at its greatest setback dimension.
|
B.
Impervious cover for Options 1 through 3 shall be limited in accordance
with the following:
Lot Area
|
Maximum Impervious Cover
|
---|---|
Less than 10,000 square feet
|
50%
|
10,000 to 19,999 square feet
|
35%
|
20,000 to 43,560 square feet
|
20%
|
Larger than 43,560 square feet
|
Reduce limit by 1.5% for each additional acre up to a maximum
impervious cover of 20,000 square feet
|
C.
Design standards for Options 1 through 3.
(1)
No part of any residential lot shall encroach upon conservation land with the exception of conservancy lots, as permitted in § 370-233A(4).
(2)
All new dwelling units on the subject tract, shall meet the
following setback requirements from the applicable existing features
on adjoining tracts:
(a)
From external, adjacent road ultimate rights-of-way abutting
the subject tract: 100 feet.
(b)
From all other tract boundaries, a perimeter setback: 50 feet.
(c)
From cropland or pasture land: 100 feet (not applicable to Option
3).
(d)
From buildings or barnyards housing livestock: 300 feet (not
applicable to Option 3).
(e)
From active recreation areas such as courts or playing fields
(not including playgrounds): 150 feet (not applicable to Option 3).
A.
Uses permitted on conservation land.
(1)
Conservation of open land in its natural state.
(2)
Agricultural and horticultural uses, including raising crops
or livestock, and related accessory buildings. Specifically excluded
are commercial and intensive feedlot and livestock operations involving
swine, poultry, mink, and other animals likely to produce highly offensive
odors.
(3)
Pastureland for horses used solely for recreational purposes,
provided that such lands shall not consume more than 50% of the minimum
required conservation land.
(4)
Forestry in keeping with established best management practices
for selective harvesting and sustained yield forestry as published
by the Pennsylvania Bureau of Forestry.
(5)
Village greens, central commons, picnic areas, community gardens,
trails and similar low-impact, passive recreational uses.
(6)
Active noncommercial recreation areas, such as playing fields,
playgrounds and bikeways, not requiring supporting structures. Such
recreational uses shall meet the following standards:
(a)
Such areas shall not consume more than 50% of the minimum required
conservation land or five acres, whichever is less. The five-acre
limit may be increased to 10 acres on development parcels 200 acres
or larger.
(b)
Playing fields and playgrounds shall not be located within 100
feet of the tract boundary or a dwelling unit within the development
parcel.
(c)
Minimum parking facilities for the same, as determined by the
Township Board of Supervisors, may also be permitted. Such lots may
be paved with gravel and shall be unlighted, properly drained and
provide safe ingress and egress.
(7)
The total area of water supply systems, sewage disposal systems,
stormwater management systems and associated easements may occupy
up to 20% of the minimum DA required in the conservation land. The
following standards shall apply:
(b)
Sewage disposal systems.
[1]
Sewage treatment facilities, structures, structure access areas
and parking lots shall not count toward the conservation land requirement.
[2]
Sewage disposal areas shall be appropriate for active or passive
recreation or managed as meadows; and, may be counted toward the minimum
conservation land requirement.
[3]
Absorption fields serving individual dwelling units may be located
in the conservation land, but individual treatment tanks shall be
located within the lots they serve.
[4]
Easements for sewer lines may be counted toward the minimum
conservation land requirement.
(c)
Stormwater management systems may be counted toward the minimum
conservation land requirement, provided they meet the guidelines in
the Pennsylvania Stormwater Best Management Practices Manual.
(8)
Easements or rights-of-way for overhead power lines shall not
count toward the minimum conservation land requirement.
B.
Conservation land design standards.
(1)
Conservation land in all options shall be identified and laid out according to the four-step design process described in § 320-40.1A of the Subdivision and Land Development Ordinance, which begins with the identification of primary and secondary conservation areas.
(2)
In Option 1 wherein 50% of the developable area and all constrained
land is set aside as conservation land, which may be owned by various
entities, at least 20% of the developable area shall be available
for the common use of the subdivision residents.
(3)
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, conservation land 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 for the removal of invasive plant species. The conservation land shall include an area at least 100 feet in depth, meeting the screening requirements in § 320-24, Screening, landscaping and buffering, in the Township Subdivision and Land Development Ordinance.
(4)
Applicants for new residential development may fulfill the recreational land requirements in § 320-27 of the Subdivision and Land Development Ordinance, by dedicating an equivalent amount of conservation land as public recreation land. Such land shall comply with all general requirements in § 320-27F of the Subdivision and Land Development Ordinance.
C.
Additional standards.
(1)
No portion of any building lot may be used for meeting the minimum conservation land requirement, except as permitted within conservancy lots, described in § 370-233A(4).
(2)
Pedestrian and maintenance access shall be provided to conservation
land in accordance with the following requirements:
(a)
No more than 15 lots shall be contiguous to each other without
a centrally located access point meeting the following standards:
(b)
Access to conservation land used for agriculture or horticulture
may be restricted or prohibited for public safety and to prevent interference
with agricultural operations.
(3)
Conservation land that is not farmed shall be landscaped in accordance with the conservation land ownership and management plan standards in § 320-18D(28); and, with the screening, landscaping and buffering standards in § 320-34 of the Subdivision and Land Development Ordinance.
Whenever conservation land is required as part of the conservation
subdivision development, a conservation easement restricting such
conservation land in perpetuity against further subdivision or development
shall be executed between the landowner and the Township or a qualified
land conservancy acceptable to the Township. Deed restrictions may
also be used in certain applications, in accordance with Subsection
B below.
A.
Conservation easements. Conservation easements are required to protect
conservation land 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 § 370-233A(3). 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 § 370-230 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 conservation land management plan.
(d)
Signs, fencing and dumping shall be restricted in consistence
with the permitted uses and conservation land 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 and Park, Recreation
and Open Space Plan, as well as the conservation land ownership and
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 conservation 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 conservation 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)
The deed restriction shall ensure the permanent protection and
continuance of the conservation land and shall define permitted uses.
(5)
It shall be clearly stated in the individual deeds that maintenance
responsibility for the conservation land lies with the property owners
of the development.
A.
Ownership options for conservation land. The following methods may
be used, either individually or in combination, to own common facilities
and conservation land. Conservation land 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 decrease
in the total conservation land. Ownership methods shall conform to
the following:
(1)
Schuylkill Township.
(a)
Fee simple dedication to Schuylkill Township. The Township may,
but shall not be required to, accept dedication of any portion of
the conservation land, provided that:
(b)
Dedication of easements to the Township. The Township may, but
shall not be required to, accept dedication of easements for public
use of any portion of the conservation land. In such cases, the portion
of conservation land remains in the ownership of the community association,
or private conservation organization, while the Township holds the
easements. In addition, the following regulations shall apply:
(2)
Community association. Conservation land and common facilities
may be held in common ownership for the use of all residents of the
subdivision or land development and shall thereby be controlled and
maintained by a community association. Community association documents
shall be in compliance with the Pennsylvania Uniform Planned Community
Act (as to a homeowners' association document) or the Pennsylvania
Uniform Condominium Act (as to a condominium association document),
as the case may be. The community association document shall include,
but not be limited to, the following:
(a)
A description of the common conservation land to be owned by
the community association. This description shall include a plan of
the proposal highlighting the precise location of all aspects of the
common conservation land;
(b)
Statements setting forth the powers, duties, and responsibilities
of the community association, including the services to be provided;
(c)
A declaration of covenants, conditions, and restrictions (declaration),
giving perpetual easement to the lands and facilities owned by the
community association. The declaration shall be a legal document providing
for automatic membership for all owners in the subdivision or land
development and shall describe the mechanism by which owners participate
in the community association, including voting, elections, and meetings.
The declaration shall give power to the community association to own
and maintain the common conservation land and to make and enforce
rules;
(d)
Statements prescribing the process by which community association
decisions are reached and setting forth the authority to act;
(e)
Statements requiring each owner within the subdivision or land
development to become a member of the community association;
(f)
Statements setting cross covenants or contractual terms binding
each owner to all other owners for mutual benefit and enforcement;
(g)
Requirements for all owners to provide a pro rata share of the
cost of the operations of the community association;
(h)
A process of collection and enforcement to obtain funds from
owners who fail to comply;
(i)
A process for transition of control of the community association
from the developer to the unit owners;
(j)
Statements describing how the common conservation land of the
community association will be insured, including limit of liability;
(k)
Provisions for the dissolution of the community association;
(l)
Agreements for the maintenance of stormwater management facilities;
and
(m)
Agreements for the maintenance and operation of water supply
and wastewater treatment facilities.
(3)
Private conservation organization. With permission of the Township,
an owner may transfer either fee simple title of the conservation
land or easements on the conservation land to a private nonprofit
conservation organization provided that:
(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 conservation land is permanently restricted from future
development through a conservation easement and the Township is given
the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization.
(4)
Conservancy lots. Up to 80% of the required conservation land
may be located within one or more privately owned conservancy lots
of at least 10 acres provided:
B.
Management plan.
(1)
Unless otherwise agreed to by Schuylkill Township, the cost
and responsibility of maintaining conservation land shall be borne
by the property owner, whether community association, or conservation
organization.
(2)
The applicant shall, at the time of preliminary plan submission, provide a conservation land ownership and maintenance plan in accordance with § 320-18D(28) in the Subdivision and Land Development Ordinance.
C.
Remedy. Failure to adequately maintain the conservation 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
conservation land, or any successor organization thereto, fails to
maintain all or any portion thereof in reasonable order and condition,
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 conservation 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 conservation 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 Township
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 Township may enter upon the conservation
land to correct the condition. If the Township 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 Township in connection with
such notice and maintenance shall be paid by the owner or responsible
entity within 10 days after written demand by the Township. 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 Township 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 may be filed by the Township in the office of
the Prothonotary of Chester County.