A. In the Conservation Residential (CR), Suburban Residential (SR), and Medium Density Residential (MDR) zoning districts, those uses listed in Subsection B below shall submit a base site area calculation in accordance with § 208-1704 below, as a condition of approval of any land development plan, plan of subdivision or building permit required under this chapter.
B. The resource protection land calculations and determination of site capacity required by this Article shall apply and be submitted in the following instances:
1. Any major subdivision, or mobile home park within the Conservation Residential (CR) Suburban Residential (SR) and Medium Density Residential (MDR) zoning districts, that is not developed as a conservation subdivision.
2. Land development consisting of five (5) or more dwelling units in the Conservation Residential (CR) Suburban Residential (SR) and Medium Density Residential (MDR) zoning districts, that is not developed as a conservation subdivision.
3. Non-residential conditional uses permitted in CR, SR and MDR Zoning Districts.
C. Resource Protection Land may be either located in open space and outside of Lot Areas or may be placed in conservation easements within the lot area.
D. Standards for location and management shall be as follows;
1. All conservation easements shall be identified on the property;
2. The developer shall identify on each conservation easement all resources that are protected in said easement.
3. The developer, on the plan, shall provide, in writing on the plan, that the resources protected within the conservation easement shall not be disturbed;
4. The developer shall, in writing on the plan, grant and convey the conservation easements to all lot owners of the plan and/or homeowners' association properly created;
5. The grant of easement shall be forever;
6. The easement granted shall be for the conservation of all resources identified within the easement which shall not be disturbed;
7. The conservation easement granted to the lot owners or homeowners' association shall not be saleable, assignable or transferable without the consent of the Board of Supervisors of Marshall Township. Any sale, assignment or transfer of the conservation easements shall require the consent of two-thirds (2/3) of all lot owners in the plan;
8. The developer shall grant to the lot owners or the homeowners' association the right to maintain said easement and to do so the right to traverse by foot or vehicle over any lot to maintain said easement. Any damage caused to any lot in maintaining the easement shall be repaired at the expense of the lot owners or homeowners' association;
9. All deeds for lots that contain conservation easements shall, in a conspicuous location, have language identifying the conservation easement and advising the purchaser of the lot that the resources contained in the conservation easement shall be undisturbed. The deed shall further contain language identifying that the lot owners or homeowners' association have a right to traverse over the purchaser's lot to maintain the easement;
10. In the event that the organization established to maintain the conservation easement or any successor organization shall, at any time after establishment of the development, fail to maintain the conservation easement in reasonable order and condition, the Board of Supervisors may proceed to demand that the deficiencies in maintenance be corrected or that the Township will enter upon and maintain the conservation easement. Notice to the property owners shall set forth the manner in which the organization has failed to maintain the conservation easement, and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days, the notice shall state that the property owners or homeowners' association may, within fourteen (14) days of the notice, request a hearing before the Board of Supervisors. The cost of such maintenance by the Township shall be assessed ratably against the properties within the development and shall become a lien on said properties. The Township at the time of entering upon said conservation easement, for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Allegheny County upon the properties within the development.
11. All of the above requirements shall be included in writing on the plan and given to any prospective lot purchaser.
