Ownership options.
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.
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.
