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.
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.