Accompanying the master plan, a declaration of restrictive covenants must be approved by the Township and recorded. Said declaration shall provide all of the restrictions necessary to assure that a proposed development will operate as depicted on the master plan. The following are the minimum requirements for the declaration:
A. Provisions for the establishment of an association with mandatory membership by the current owner of each lot represented in the master plan.
B. Parties to the declaration of restrictive covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, the aforementioned association, developer, mortgagees of any lot and/or building on the tract, tenants and any other parties having any interest in all or any part of the proposed development and the Township. Provisions shall be included to permit Township enforcement of the restrictions contained in the declaration in the event that the association fails to do so.
C. Cross easements shall be included, which shall assure proper circulation throughout the development and access to all parking areas.
D. Maintenance provisions shall be included for the circulation network, parking areas, landscaping and all other common areas.
E. Provisions to ensure that all buildings within the development will be architecturally compatible and that compatible building materials are used throughout.
F. Provisions to ensure that development of any buildings, parking or other similar improvements be prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved master plan.
G. Provisions to guarantee public right to use of the interior roads and common open space areas; also provisions stipulating each lot owner/occupant rights with respect to common open space areas.
H. Any additional restrictions which will be applied to the development which are stricter than existing Township regulations.
I. Any change to cross easements, maintenance responsibilities, architectural controls or other applicable restrictions, which is substantive in the opinion of the Board of Supervisors, will necessitate a revised declaration of restrictive covenants to be submitted, approved and recorded to replace any prior such document. No subdivision or land development for any development on the subject development tract shall be approved without a current recorded declaration of restrictive covenants.
