1. The developer shall make provisions which insure that the common open space land shall continue as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:
A. The organization shall be established by the developer before the sale or rental of dwelling units in the PRD.
B. The form, financial capability, rules of membership and method of cost of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation and improved responsibilities of the organization.
C. Preservation of Common Open Space.
(1) The organization responsible for maintenance, preservation and improvement of common open space areas shall be the sole owner of the common open space lands.
(2) The developer may satisfy the provisions of this Section by the establishment of various organizations adapted to the particular needs of the owners and occupants of certain areas of the PRD (such as condominium owners associations, fee simple owner associations, recreation facility owners and the like). The developer may establish a master organization responsible for common open space and common facilities enjoyed by various types of users, which master organization shall also be subject to this Section.
(3) Any organizations established to satisfy the requirements of this Section and all owners, lessees and other users of lands within the PRD, shall be subject to the provisions of § 27-806(1)(E) below.
(Ord. 285)
D. The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
E. In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the Planned Residential Development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization, or upon the residents and owners of the Planned Residential Development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Municipality, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents and owners of the Planned Residential Development, to be held by the Township, at which hearing such organization or the residents and owners of the Planned Residential Development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in a reasonable condition, the Township, may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
F. The cost of such maintenance by the Township shall be assessed ratably against the properties within the Planned Residential Development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering said common open space for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of the county, upon the properties affected by the lien within the Planned Residential Development.
2. Public Dedication of Common Open Space. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas and accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to § 27-806(1).
(Ord. 45, Z-§ 806, 5/12/76; as amended by Ord. 285, 7/1/1992, § 17)