(a) The applicant for any development proposed to contain common open space and/or facilities shall, where applicable, provide to the Borough, at the time of preliminary plan submission, a plan for maintenance and operation of such open space and/or facilities. The plan shall:
(1) Define ownership;
(2) Establish necessary regular and periodic maintenance responsibilities; and
(3) Estimate staffing needs, insurance requirements, and associated costs, and define the means for funding same on an ongoing basis.
(b) In the event that the organization established to own and maintain common facilities, or any successor organization, shall, at any time after establishment of the common facilities or the use attendant thereto, fail to maintain all or any portion of the aforesaid in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the Borough may serve written notice upon such organization or upon the residents and owners of the uses relating thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition, and such notice shall include a demand that such deficiencies of maintenance 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 such hearing the Borough may modify the terms of the original notice as to the deficiencies, and may give an extension of time within which the deficiencies shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within the 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the premises and to prevent the common facilities from becoming a public nuisance, may enter upon the same and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of the common facilities and shall not vest in the public any rights to use the common facilities, except when the same is voluntarily dedicated to the public by the residents and owners, and such dedication is acceptable to Borough Council. Before the expiration of the year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common facilities, call a public hearing upon notice to the organization, or to the residents and owners of the dwelling units attendant thereto, at which hearing such organization or the residents and owners of the aforesaid dwelling units shall show cause why such maintenance by the Borough shall not, at the election of Borough Council, continue for a succeeding year. If Borough Council shall determine that such organization is ready and able to maintain the common facilities, the Borough shall cease to maintain the common facilities at the end of the year. If the aforesaid are not ready and able to maintain the common facilities in a reasonable condition, the Borough may, at the discretion of Borough Council, continue to maintain the common facilities during the next succeeding year and subject to a similar hearing and determination in such year thereafter. The decision of Borough Council in any such case shall constitute a final administrative decision subject to judicial review.
(c) The cost of such maintenance and enforcement proceedings by the Borough shall be assessed ratably, in accordance with the tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on the properties. The Borough, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Prothonotary, upon the properties affected by such lien.
(Ord. 961, § 803. Passed 8-13-01.)