The common open space shall be located so as to be consistent with good design principles. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
A. 
There shall be provisions which ensure that the common open space shall continue as such and be properly maintained. The developer shall either:
(1) 
Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;
(2) 
Retain ownership and responsibility for maintenance of such open space; or
(3) 
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
B. 
In the case of Subsection A(2) and (3) above, each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
A. 
The organization is organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
B. 
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
C. 
The organization shall be responsible for maintenance, insurance and taxes on common open space.
D. 
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
E. 
The organization shall have to hire adequate staff to administer common facilities and maintain the common open space.
F. 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at anytime after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected 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.
(1) 
At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may given an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said thirty days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common space from becoming a public nuisance, may enter upon said common space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
(2) 
Before the expiration of said year, the Township shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the development, to be held by the Board of Commissioners, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.
(3) 
If the Board of Commissioners shall determine that such organization is ready and able to maintain said common space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Board of Commissioners shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(4) 
The decision of the Board of Commissioners shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for in Article XIII.
(5) 
The cost of such maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the Prothonotary of Beaver County, upon the properties affected by such lien within the development.