§ 255-211.   Ownership and maintenance of common facilities and open land.
   A.   Purpose. To ensure adequate planning for operation and maintenance of , recreation facilities, sewage facilities, water supply facilities, stormwater management facilities, common parking areas and driveways, private , and any other common or community facilities (hereinafter referred to as ).
   B.   Ownership. The following methods may be used, either individually or in combination, to own ; however, must be initially offered for dedication to the Township. shall not be transferred to another entity except for transfer to another method of ownership permitted under this section and then only when there is no change in the or in the open space ratio of the overall . Ownership methods shall conform to the following:
      (1)   Fee simple dedication to the Township. Upper Dublin Township may, but shall not be required to, accept any portion of the , provided that:
         (a)   Any shall be freely accessible to the residents of the Township.
         (b)   There shall be no cost to the Township involved.
         (c)   The Township agrees to and has access to maintain such facilities.
      (2)   Dedication of easements to the Township or County. Upper Dublin Township or Montgomery County may, but shall not be required to, accept easements for public of any portion of the . In such cases, the facility remains in the ownership of the individual or while the easements are held in public ownership. The county shall accept such easements only in accordance with Act 442, The Open Space Acquisition Act or Act 992, Open Space Lands Act, and county plans. In addition, the following regulations shall apply:
         (a)   There shall be no cost of acquisition to the Township or the county.
         (b)   Any such easements for public benefit shall be accessible to the residents of the Township.
         (c)   A satisfactory maintenance agreement shall be reached between the owner and the Township or the county.
      (3)    . may be held in common ownership by a , subject to all of the provisions for set forth in Article VII of the Pennsylvania Municipalities Planning Code (Planned Residential Development). In addition, the following regulations shall be met:
         (a)   The applicant shall provide to the Township a description of the organization, including its bylaws, and all documents governing ownership, maintenance and restrictions for . These items must be submitted to the Township prior to the issuance of any and occupancy .
         (b)   The shall be established by the owner or applicant and shall be operating, with financial subsidization by the owner or applicant, if necessary, before the sale of any in the .
         (c)   Membership in the shall be mandatory for all purchasers of in the and theft successors and assigns.
         (d)   The shall be responsible for maintenance and insurance of .
         (e)   Written notice of any proposed transfer of by the or the assumption of maintenance for must be given to all members of the and to the Township no less than 30 days prior to such event.
         (f)   The shall have or hire adequate staff to administer, maintain and operate such .
      (4)   Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements to a private nonprofit conservation organization, provided that:
         (a)   The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;
         (b)   The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
         (c)   A maintenance agreement acceptable to the Township is established between the owner and the organization.
   C.   Maintenance and operation of .
      (1)   The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of . Such plan shall:
         (a)   Define ownership.
         (b)   Establish necessary regular and periodic operation and maintenance responsibilities.
         (c)   Estimate staffing needs, insurance requirements, and associated costs and define the means for funding on an ongoing basis from year to year. Such funding plan shall include means for funding long-term capital as well as regular yearly operating and maintenance costs.
         (d)   At the Township’s discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of for up to one year.
      (2)   Failure to maintain; corrective action.
         (a)   In the event that the organization established to maintain , or any successor organization thereto, fails to maintain all or any portion of the in reasonable order and condition, the Township may, in accordance with Article VII of the Pennsylvania Municipalities Planning Code (Planned Residential Development), assume responsibility of maintenance, in which case any escrow funds may be forfeited and any may be revoked or suspended.
         (b)   The Township may enter the premises and take corrective action. The costs of such corrective action may be charged to the property owner or and may include administrative costs and penalties as stipulated in Article XXVI of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Montgomery County.