(a) Preliminary plan. The applicant of any proposed development shall, at the time of submission of the preliminary plan, delineate on the plan those open spaces proposed for common ownership and management by an association of residents or owners and those proposed for public dedication. Council, at the time of approval of the preliminary plan, shall indicate those areas it is willing to accept for public dedication.
(b) Final plan. The applicant of any proposed development containing open space proposed for joint responsibility shall, at the time of submission of the final plan, present documents creating and governing a property owners’ organization and containing the declaration of covenants, restrictions, easements, changes and liens deemed necessary to own, manage and maintain any open space areas and any associated recreational facilities. These documents shall contain the following minimum essential provisions with respect to such organizations:
(1) Powers and duties in maintaining and administering open space and recreational facilities, administering and enforcing all covenants and restrictions and in levying, collecting and disbursing of assessments and changes;
(2) Membership and voting rights;
(3) Establishment of bond as required by § 1381.04 to guarantee the initial construction and installation of all recreation facilities within the open space areas; and
(4) Rights and duties of the city, members of the organization and other residents of the proposed development in the event of breach of any covenant or restriction,
(c) Failure to maintain. If any organization established to own and maintain open space or any successor organization shall breach any covenant or restriction or fail to maintain the open space in reasonable order and condition, the organization, the city and any other parties in interest shall be guided by the provisions of § 705(d) of the Pennsylvania Municipalities Planning Code.
(Ord. 4486, approved 10-14-1971)