In the event that the organization shall fail to maintain said parking,
recreational, utility, stormwater management facilities and essential
service facilities for the benefit of the residents of the development
and common open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the residents
and owner of the development setting forth the manner in which the
organization has failed to maintain the same in reasonable condition
and demanding that such deficiencies be remedied within 35 days of
the date of service. The notice shall also state the date and place
of a hearing thereon which shall be held within 15 days after the
date of notice. At such hearing, the governing body may modify the
terms of the original notice as to deficiencies and may give an extension
of time not to exceed 65 days within which they shall be cured. If
the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
of time thereof, the governing body, in order to preserve said parking,
recreation, utility, stormwater management facilities and essential
service facilities for the benefit of the residents of the development
and common open space and maintain the same for a period of one year,
may enter upon and maintain such land. Such entry and maintenance
shall not vest in the public any right to use said parking, recreational,
utility, stormwater management facilities and essential service facilities
and common open space. Before the expiration of said year, the governing
body shall, upon its initiative or upon the request of the organization
thereto for responsible for the maintenance of the open space, call
a public hearing upon 15 days' written notice to such organization
and to the residents and owners of the development, to be held by
the governing body, at which hearing such organization and the residents
and owners of the development shall show cause why such maintenance
by the municipality shall not, at the discretion of the governing
body, continue for a succeeding year. If the governing body shall
determine that such organization is ready and able to maintain the
same in reasonable condition, the Borough may, in its discretion,
continue to maintain said parking, recreational, utility, stormwater
management facilities and essential service facilities for the benefit
of the residents of the development and common open space during the
next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the governing body in any
such case shall constitute a final administrative decision subject
to judicial review.