When a subdivision proposal includes land totaling 25 acres or more and dwelling units are clustered in a design with surrounding open space, a 10% reduction of required lot area width and yard requirements is authorized when the property is located in a zoning district which permits clustered housing. Overall density shall remain consistent with a standard subdivision of the same size.
The common open space shall be located so as to be consistent with good design principles for land use. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
There shall be provisions which ensure that the common open space land shall continue as such and be properly maintained. The developer shall either:
A. 
Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;
B. 
Retain ownership and responsibility for maintenance of such open space land; or
C. 
Provide for and establish one or more organizations for the ownership and maintenance of all common open space. Each organization shall be a nonprofit homeowner corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
D. 
In the case of Subsections B and C above, the Township shall be provided, by the party retaining ownership, an agreement which shall indemnify and hold the Township, its agents and employees, harmless from any and all liability which may arise out of the ownership, maintenance or usage of the common open space. This agreement shall be binding upon any subsequent heir, purchaser or assign.
Where commonly owned open space is proposed and West Deer Township has indicated that it will not accept such land, a homeowners' association or open space trust shall be formed and 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. At such time that 25% of the parcels in the development have been built upon and occupied, the organization shall become active through the election of a Board of Directors.
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 or 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 a common open space or any successor organization shall at any time after establishment of the homeowners' association 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 and owners 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 cured 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. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured.
G. 
If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within said 30 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 open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said open space, nor vest in the public any rights to use the same.
H. 
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 lien in the office of the Prothonotary of Allegheny County upon the properties affected by the lien within the development.