1. Standards for Location and Management of Open Space.
A. The open space shah be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents, and preserving natural features.
B. There shall be provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall either:
(1) Dedicate the land to pubhc use if the Borough or another public agency has indicated it wiU accept such, or another public agency has indicated it will accept such dedication.
(2) Retain ownership and responsibihty for maintenance of such open space land.
(3) Provide for and estabhsh one or more organizations for the ownership and maintenance of ah common open space.
In the case of subsection (B)(3), above, such organization shall be a non-profit homeowners association, unless the developer demonstrates that a community open space trust is a more appropriate form or organization.
C. If a homeowners association or open space trust is formed, it shah be governed according to the foUowing regulations:
(1) The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(2) Membership in the organization shall be mandatory for all landowners and purchasers of homes therein, their successors, heirs and assigns.
(3) The organization shall be responsible for maintenance of, insurance, and taxes for the common open space.
(4) The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
(5) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(6) In the event that the organization established to own and maintain a common open space, or a successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in a reasonable order and condition in accordance with the development plan, the Borough 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 a reasonable condition, and said notice shall include a demand that such deficiencies be cured 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 the hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which such deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the planned residential development 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 1 year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the pubhc by the residents and owners and formally accepted by the Borough pursuant to this Chapter. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a pubhc hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Borough, at which hearing such organization or the residents and owners of the planned residential development shah show cause why such maintenance by the Borough shaU not, at the election of the Borough, continue for a succeeding year. If the Borough shah determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during succeeding years, subject to a similar hearing and determination in each year thereafter. The decision of the Borough in any such case shaU constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Borough shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shah become a tax hen on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such hen in the office of the Prothonotary of the County, upon the properties affected by such lien within the planned residential development.
(7) In accordance with the Municipahties Planning Code the provisions of the development plan relating to (1) the use, bulk and location of buildings and structures, (2) the quality and location of common open space, and (3) the intensity of use or the density of residential units, shah run in favor of the Borough and shall be enforceable in law or in equity by the Borough, without hmitations on any powers of regulation otherwise granted the Borough by law. The development plan shah specify those of its provisions which shah run in favor of, and be enforceable by residents of the planned residential development and, in addition, the manner in which such residents may modify or release such rights.
(8) If the Borough or a pubhc agency including, but not hmited to, the school district, fire department, or sewer authority, determines that land for public use will be needed as a result of the construction of the planned residential development, the developer may be required to set aside such land for eventual acquisition by the Borough or public agency. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the total dwelhng units in the planned residential development, then at the option of the developer, the land may be used for residential purposes subject to the provisions of this Part. If the developer chooses to dedicate such land, he can benefit from an increase in permitted dwelhng units as specified in the definition of "average gross residential density."
(Ord. 462, 8/14/1995, §1205)