A.
The granting of final approval of the subdivision plan or land development
shall be contingent upon the subdivider furnishing adequate bond or
other satisfactory guaranty, according to requirements of the Council
for the ultimate installation of the improvements listed and described
in sections of this article.
B.
No developer shall proceed with the construction of any utilities
or improvements, or make connection to any existing Borough facility
or utility system, without proper inspection by an authorized official
or representative thereof. Drawings and specifications shall be provided
in sufficient detail to show the form, construction and method of
installation of the following and shall accompany or otherwise be
a part of the subdivision plan.
C.
No person shall dig or make any cuts or changes whatsoever in the
cartway, gutters or rights-of-way of any Borough, county or state
road without first obtaining required permits.
D.
No person shall connect to any water line, storm or sanitary sewer
without obtaining a permit and paying the proper connection charge.
E.
Grade stakes shall be set and cut sheets prepared and a copy furnished
to the Borough Manager and Engineer before any work is started.
F.
The developer shall notify the Borough Engineer at least 72 hours
prior to his intention to proceed with the construction or installation
of said streets and improvements or any other work related to the
improvements.
G.
The construction of all facilities to be dedicated to the Borough
shall require inspection by the Borough, the cost of which shall be
the responsibility of the developer. Inspection reports shall be prepared
by an inspector authorized by the Council.
H.
Upon completion of the required improvements, a plan and profile
of all the improvements in the subdivision or land development as
constructed shall be filed with the Borough.
I.
In all respects in which standards for required improvements are
not set forth herein or specified by the Council hereunder, the applicable
state and municipal standard requirements shall govern.
Street improvements and the installation of water lines, sanitary
sewers, and storm drainage facilities within the limits of the Borough
shall be made in full compliance with specifications and requirements
of those regulations and shall be subject to the approval of the Borough
Engineer. Installation of water lines, individual wells, private water
supply systems, sanitary sewers and individual or collective sewage
disposal facilities shall be made in accordance with the standards
and requirements of the state and other authorities having jurisdiction
over such installments.
A.
Grading.
(1)
Streets shall be constructed to grades and cross sections as cited on, and presented with, the plans and street profiles, in conformance with Borough specifications (see § 151-404 of this chapter).
(2)
Street shoulders shall be graded to the full width of the street
right-of-way (minimum 50 feet) in accordance with Borough construction
standards, and thoroughly compacted by rolling all shoulders. The
Planning Commission may recommend, and the Council may approve, a
lessening of this requirement where the preservation of unique environmental
features or mature plant materials are threatened.
(3)
The subgrade of a street shall be brought to the proper grade
and contour and shall be rolled and cross rolled. All soft spots shall
be removed. These soft spots shall be recompacted with a suitable
firm material, approved by the Borough Engineer, before the placing
of any base material.
(4)
No base course shall be placed until the subgrade has been proofrolled
in the presence of the Borough Engineer and subsequently approved.
B.
Street construction requirements.
(1)
All street construction, including subbase and wearing course,
shall be constructed in accordance with Borough specifications.
(2)
The Council may specify an alternate pavement design where the
drainage of the subgrade, the size of the development and the nature
of the traffic warrants.
(3)
All construction work, including grading, drainage, base course
and surfacing, shall be performed by the developer or his representatives
under the direct supervision of the Borough Engineer or the Borough's
authorized representative, and all costs for said supervision are
to be paid by the developer prior to the final acceptance by the Borough.
(4)
The developer shall furnish record plans of all streets as actually
constructed for the files of the Borough of Canonsburg, the cost of
this to be paid by the developer.
(5)
Utility line area locations shall be established in accordance
with Borough specifications.
C.
Street pavement standards. Local and collector access streets shall
be constructed in accordance with Borough specifications.
D.
Street signs. Street name signs and traffic control signs, as specified
by the Borough Council, shall be installed at each street intersection
in accordance with the type of materials, designs and standards officially
established for use throughout the Borough.
A.
Pipe underdrain, stone underdrain or subgrade drains shall be constructed
according to specifications approved by the Borough Engineer, in areas
where springs, poor soil drainage conditions, wet weather springs
or other conditions exist, at the discretion of the Borough Engineer,
that require underground drainage.
B.
If during construction, unknown adverse drainage conditions are encountered
by the developer, the Borough Engineer shall be notified and such
conditions shall be corrected at the direction of the Borough Engineer.
C.
Cross drains of a minimum 15 inches reinforced concrete pipe shall
be placed wherever necessary to transfer the water across the road
in the natural watercourse and at road intersections whenever needed.
D.
When laying out plans to be submitted for approval by the Council,
suitable easements shall be provided for drainage rights-of-way in
the natural watercourses or for stormwater drains where necessary.
A.
The requirements of curbs or curbs and gutters may vary in accordance
with the character of the area and density of development involved.
B.
The type of curbs used, when specified by the developer or when required
by the Council, are to be approved by, and subject to, the Borough
Engineer's approval before installation and must adhere to the
details provided by the Borough.
B.
Minimum requirements. The following shall be considered to be minimum
standards for sidewalk construction:
(1)
Minimum width for sidewalks shall be five feet. The Council
may determine that a greater width is necessary due to an anticipated
high volume of pedestrian traffic.
(2)
All phases of construction shall be in accordance with this
chapter and design standards established and approved by the Borough;
the forms shall be inspected prior to pouring, and finished walks
shall be inspected by the Borough Engineer or authorized agent.
(3)
Pedestrian interior walks may be required where necessary to
assist circulation or provide access to community facilities.
A.
Sanitary sewer service is deemed to be available where the average
distance from a main to the beginning point of a collection system
for the development is 800 feet or less, unless the service is not
topographically feasible.
B.
If public sewers are available or definitely planned for the area,
the developer shall extend the main line to serve all lots in the
subdivision. This main line extension shall be designed and constructed
according to the specifications of the Borough.
C.
Where municipal sewers are not available, the installation of a private
sanitary sewage treatment plant and other appurtenances shall be subject
to approval by the Pennsylvania Department of Environmental Protection
and the Council.
(1)
In areas of the Borough not presently served by public sewers,
but in which they are to be installed within a reasonable time, in
the opinion of the Planning Commission based on studies of the area,
the Commission may require that capped sewer mains and house connections
be installed in all subdivisions of 20 lots of more in addition to
the required on-site facilities. The plans for the installation of
a sanitary sewer system shall be prepared for the subdivision and
approved by the Borough Engineer to which it will be connected and
the Pennsylvania Department of Environmental Protection. The Borough
Engineer shall inspect the sewer line before it is covered over. Upon
completion of the sanitary sewer installation, one copy of each of
the plans for such system as built shall be filed with the municipality
and the Pennsylvania Department of Environmental Protection.
(2)
In instances of severe conditions deemed unsuitable for on-site
septic systems, the Planning Commission may recommend that the Council
require that the developer install adequate sewage treatment facilities
as approved by the Borough Engineer and the Pennsylvania Department
of Environmental Protection. In these cases, plans for such sewage
treatment facilities, instead of on-site septic systems, must be approved
by the above-mentioned departments before final approval of the subdivision
may be given.
D.
Private sewage disposal systems on individual lots shall be laid
out and constructed in compliance with the Pennsylvania Department
of Environmental Protection regulations and with approval from the
Washington County Sewage Council.
E.
No building permit will be issued for any construction or subdivision
development until either an individual sanitary sewage disposal system,
a sanitary sewage treatment plant installation or connection to a
municipal sewerage system has been approved by Council or authorized
agent thereof and the Pennsylvania Department of Environmental Protection,
pursuant to the rules and regulations of the Pennsylvania Sewage Facilities
Act (Act 537), as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
F.
No subdivision shall be approved for development by the Council until
the developer provides certification that mutually acceptable agreements
have been reached between the developer and applicable private or
municipal utility authorities relative to utility system installations,
maintenance, ownership of facilities, tap fees and other related considerations.
A.
If water is supplied from other than private wells on individual
lots, the developer shall verify that the water supply is from a public
utility having a certificate of public convenience from the Pennsylvania
Public Utility Commission, a bona fide lot owners' association, or
a municipal entity.
B.
If public water is available or definitely planned for the area,
it shall be utilized. Public water service is deemed to be available
where the distance from the access point of a main to the beginning
point of a distribution system for the plan is 1,000 feet or less.
D.
The materials and installation thereof shall comply with the requirements
set forth by the local water utility company and by the municipality.
A.
Utility and public utility easements shall have a minimum width of
20 feet and be placed at the side or rear of lots if possible. When
the Council determines that conditions are suitable for utilities
and/or public utilities, an easement reservation will be required.
B.
Where a subdivision is traversed by a watercourse, there shall be
provided a drainage easement or right-of-way conforming substantially
with the line of such watercourse, and of such width as will be adequate
to preserve natural drainage and provide sufficient width for maintenance
by adjacent property owners, but not less than 20 feet. Where applicable,
federal, state and local flood maps and data shall be employed to
determine the location of easements or rights-of-way required by this
chapter.
Monuments shall be placed in all subdivisions as determined
by the Borough Engineer. Monuments shall be permanent reference monuments
of a size and material according to Borough specifications. Iron pins
shall be placed at all subdivision boundary corners, angle points,
points of curvature, lot corners, and intermediate points as determined
by the Borough Engineer.
Should the subdivider plan to provide trees, their proposed
location, spacing and species must be submitted for approval to the
Council.
A.
In reviewing subdivision plans, the Planning Commission shall consider
the adequacy of existing and proposed community facilities to serve
Borough residents.
B.
Subdividers may give consideration to providing or reserving areas
for community facilities and recreation facilities.
C.
Recreation and community facilities developed totally or in part
on land provided by a developer shall be established consistent with
the following criteria:
(1)
Facilities and areas shall be located in a manner to best serve
both the municipality and the future inhabitants of the development
or subdivision.
(2)
Facilities and areas shall be located on land that is topographically
suitable and safe from traffic and other safety hazards and readily
accessible to the general public.
A.
In wooded areas or where other natural conditions exist in such a
manner that their presence adds to the desirability of a subdivision,
the Council shall require that the subdivider preserve as much of
the original vegetation and natural conditions as is economically
feasible and require that a minimum of grading be done other than
the grading and excavating that is required in the construction of
the improvements, in accordance with the standards included herein.
B.
All development and earthmoving activities subject to applicable law under the Pennsylvania Department of Environmental Protection, Title 25, Chapter 102, Erosion Control, shall be complied with.
(1)
The developer shall notify the Washington County Conservation
District immediately upon making application for a building permit
involving an earthmoving activity that affects 5,000 square feet or
more land. A written Erosion and Sedimentation Control Plan (E&S)
is required for projects that disturb between 5,000 square feet to
one acre of land.
(2)
Construction activities with earth disturbances greater than
or equal to one acre, not including agricultural plowing or tilling,
animal heavy use areas, timber harvesting activities or road maintenance
activities, require a National Pollutant Discharge Elimination System
(NPDES) permit.
(3)
The Borough shall not issue a building permit for a development where is has been determined that the earthmoving activities require a permit (or verification that no permit is required) from the Department of Environmental Protection, pursuant to Section 102.41 and 102.42 relating to permit requirements of Title 25, Chapter 102, Erosion and Sediment Control.[1]
C.
In cases where the cross slope exceeds 10% as shown on the grading
plan, sod or seed shall be required to retain soil and prevent damage
to finished street or lot grades. In all cases where the developer
removes the sod, he shall immediately upon completion of grading (weather
permitting) reseed such areas with common farm grass. In cases where
the home builder creates side terraces, they shall immediately upon
completion of grading be seeded with perennial rye grass or better.
A.
Improvements required by this chapter shall be constructed in accordance
with all applicable requirements contained herein and shall be designed
consistent with construction standard details provided by the Borough.
B.
Commercial and/or industrial lot development shall be undertaken
in accordance with all applicable requirements contained herein consistent
with site plan guidelines and standards provided by the Borough.
A.
Performance guarantee. The Council shall insure, through receipt
of certificates of compliance submitted and attested by tile Borough
Engineer, that the required improvements have been installed according
to the specifications of the final plan, or alternately require the
posting of adequate surety to cover the cost for such improvements.
The Council may also insure, through the posting of bonds or other
surety acceptable to the Borough, the maintenance of existing public
rights-of-way and road surfaces which are in any manner utilized for
transport or related purposes during development and construction
associated with subdivision development. The Council shall specify
one of the following alternatives, or such other alternatives as may
be acceptable, for guaranteeing compliance with the requirements of
this section. Decision of which alternative shall be required is that
of the Council. Final approval of a plan may not be granted by the
Council until the surety required is fully provided. In any event,
the required surety shall be secured along with the written agreement
prior to any construction or related activity.
(1)
Completion of improvements prior to final approval. Prior to
final plan approval, the developer shall complete, in a manner satisfactory
to the Council and the Borough Engineer, all improvements required
in these regulations as specified in the final subdivision plan and
as approved by the Council, and shall dedicate the same to the Borough
in accordance with these regulations. The cost associated with the
Borough inspection of the site infrastructure improvements will be
at the developer's expense and will be performed on a time-and
material-basis as required by the Borough Engineer.
(2)
Guarantee of future performance. In lieu of requiring the completion
of all improvements prior to final plan approval, the Borough may,
at its discretion, enter into a contract with the developer whereby
the developer shall guarantee to complete all improvements required
by this chapter, or otherwise specified by the Council in a manner
satisfactory to the Council.
(3)
When requested by the developer in order to facilitate financing,
the Council shall furnish the developer with a signed copy of a resolution
indicating approval of the final plat contingent upon the developer
obtaining a satisfactory financial security. The final plat or record
plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless a written extension
is granted by the Council; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
(4)
To secure this contract, the developer shall provide, subject
to the approval of the Council, one of the following guarantees:
(a)
Surety bond. The developer shall obtain a security bond from
a surety bonding company authorized to do business in the Commonwealth
of Pennsylvania. The bond shall be payable to the Borough. The amount
of financial security shall be equal to 110% of the cost of the required
improvements as estimated by the developer and approved by the Borough
Engineer. The duration of the bond shall be until such time as the
improvements are accepted by the Borough in accordance with the requirements
of this chapter.
(b)
Escrow account. The developer shall deposit cash, or other instrument
readily convertible into cash at face value, either with the Borough
or in escrow in a bank. The use of any instrument other than cash
and, in the case of an escrow account, the bank with which the funds
are to be deposited shall be subject to the approval of the Council.
The amount of financial security shall be equal to 110% of the cost
of the required improvements as estimated by the developer and approved
by the Borough Engineer.
[1]
In case of an escrow account, the developer shall
file with the Council an agreement between the financial bank and
himself guaranteeing the following:
[2]
That the funds of said escrow account shall be
held in trust until released by the Council and may not be used or
pledged by the developer as security in any other matter during the
period; and
[3]
That in the case of a failure on the part of the
developer to complete said improvements, the bank shall immediately
make the funds in said account available to the Borough for use in
the completion of those improvements.
(c)
Property escrow. The developer shall offer, as a guarantee,
land or other property, including corporate stocks or bonds. The value
of any such property shall be at least equal to 110% of the cost,
as estimated by the developer and approved by the Borough Engineer,
of the installation of all contracted improvements. Property value
shall be determined by means acceptable to the Borough and shall take
into account the likelihood of a decline in the value of said property
during the guarantee period. The Council shall retain the right to
reject the use of any property when it believes that the property
will be unusually difficult to sell, or for other reasons such as
will inhibit the Borough from exchanging the property for a sufficient
amount of money to complete the required improvements.
(d)
When property is offered as an improvement guarantee, the developer
shall:
[1]
Execute an agreement with the trustee when it is
not the Council, instructing the trust to release the property to
the Borough in the case of default. The agreement shall also state
that the property may be released only upon consent of the Council.
The agreement shall be placed on file with the Borough Manager;
[2]
File with the governing body an affidavit affirming
that the property to be used as a guarantee is free and clear of any
encumbrances or liens at the time it is to be put in trust; and
[3]
Execute and file with the governing body an agreement
stating that the property to be placed in trust as an improvement
guarantee and will not be used for any other purpose or pledged as
a security in any other matter until it is released by the governing
body.
(e)
Extension of guarantees. If the developer requires more than
one year from the date of posting financial security to complete the
required improvements, the amount of security may be increased to
assure that financial security equals 110%. Any additional security
shall be posted by the developer in accordance with Section 1001.[1]
[1]
Editor's Note: So in original.
B.
Release from improvement bond.
(1)
When the developer has completed all of the required improvements,
the developer shall notify the governing body, in writing, by certified
or registered mail, of the completion of the required improvements
and shall send a copy thereof to the Borough Engineer.
(2)
The governing body shall, at the next scheduled meeting after
receipt of such notice, direct and authorize the Borough Engineer
to inspect all of the aforesaid improvements. The Borough Engineer
shall thereupon file a report, in writing, with the governing body
and shall mail a copy of the same to the developer by certified or
registered mail. The report shall be made and mailed within 45 days
after receipt by the Borough Engineer of the aforesaid authorization
from the governing body. Said report shall be detailed and shall indicate
approval or rejection of said improvements. If any portion thereof
shall be rejected, the report shall contain a statement of reasons
for such nonapproval or rejection.
(3)
After receipt of the Engineer's report and maintenance
bond, the governing body shall notify the developer within 15 days,
in writing, by certified or registered mail, of the action of the
governing body with relation thereto.
(4)
If the governing body or the Borough Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond.
(5)
If any portion of the required improvements shall not be approved
or shall be rejected by the governing body, the developer shall proceed
to complete the same and upon completion, the same procedure of notification
as outlined herein shall be followed.
(6)
Nothing herein, however, shall be construed in limitation of
the subdivider's or developer's right to contest or question,
by legal proceedings or otherwise, any determination of the governing
body or the Borough Engineer.
(7)
The developer shall furnish the Borough as-built drawings of
the public improvements (streets, storm drainage, water systems and
sanitary sewer), prepared by a registered engineer or surveyor.
C.
Remedies to effect completion of improvements.
(1)
In the event that any improvements that may be required have
not been constructed and installed as provided for in the written
agreement, this chapter, the requirements of the governing body or
in accordance with the approved final plan, the governing body shall
enforce any corporate bond, or other security by appropriate legal
and equitable remedies.
(2)
If the proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the governing body
may, at its option, install part of such improvements, and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the improvements.
(3)
All of the proceeds, whether resulting from the security or
from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
covered by such security, and not for any other municipal purpose.
D.
Maintenance bond.
(1)
Before the Borough Engineer shall issue to the Council a written
certification that all improvements specified and required have been
satisfactorily completed in accordance with the agreement and requirements
relative to the land development, and in compliance with the specifications,
standards, ordinances and requirements of the Borough, the subdivider
or developer shall be required to deposit with the Borough a corporate
maintenance bond for two years for 10% of the total site improvement
construction costs, in such form and with approved surety as shall
be required by the Council. Said maintenance bond is to guarantee
the repairs and maintenance by the subdivider or developer of the
streets, roads, pavements, sidewalks, curbs, gutters, storm drains
and facilities, sanitary sewer and facilities, sewage treatment plant
and facilities and any other improvements constructed and installed
in the subdivision or development, for a period of two years from
the date of final and official acceptance of the above said improvements
and facilities by the Council.
(2)
The repairs and maintenance required to be performed by the
subdivider or developer shall extend only to making good any inherent
defects which become manifested in the materials and workmanship under
ordinary conditions and shall not be held to cover any breakage or
damage caused by improper use or by accident resulting from circumstances
over which the subdivider or developer has no control.
E.
Higher design standards.
(1)
No road, street, land or related improvement shall be accepted
as a part of the highway system of the Borough or for maintenance
unless open, laid out, graded and improved in strict accordance with
the standards and regulations of the Borough. The requirements, specifications,
and standards of construction, material and appurtenances as designated
herein are considered as minimum, and the Council may, as it deems
advisable, revise said specifications and requirements to secure a
higher standard of improvements and community development.
(2)
No stormwater drainage facilities, sanitary sewer and sewage
treatment facilities, water supply, and water distribution system
and facilities or any other facilities or improvements will be accepted
as a part of the Borough's facilities for operation and maintenance
unless designed and constructed in strict compliance with all the
standards, specifications, rules, regulations, ordinances and requirements
of the Borough.
F.
Recording.
(1)
Within 90 days of the date of approval of the final plan, the
developer shall record an approved duplicate copy of the plan (in
Mylar or other transparent reproducible form) in the office of the
County Recorder of Deeds, and file with the Borough Manager a recorder's
certificate that the approved plan has been recorded, with the Plan
Book and page numbers indicated.
(2)
After an approved subdivision plan shall have been officially
recorded, the streets, parks, and other public improvements shown
hereon shall be so considered to be a part of the official plan of
the Borough.
(3)
Streets, parks and other public improvements shown on a subdivision
plan to be recorded shall be offered for dedication to the Borough
by formal notation thereof on the plan, or the owner shall note on
such plan that any improvements have not been offered for dedication
to the Borough.
(4)
Every street, park or other improvement shown on a subdivision
plan shall be deemed to be a private street, park or improvement until
such time as the same shall have been offered for dedication to the
Borough and accepted by ordinance or resolution, or until it shall
have been condemned for use as a public street, park or other improvement.
(5)
In the event that an approved subdivision plan is not recorded
within the required ninety-day period, said approval shall be deemed
voided and rescinded and the plan must be resubmitted if approval
is sought by the developer.
G.
No responsibility of Borough where plans are not approved. If any
road or any drainage facility in connection therewith shall be opened,
constructed or dedicated for public use or travel, except in strict
accordance with plans approved and recorded as herein provided, neither
the Council nor any public authority shall place, construct or operate
any sewer, drain, water pipe or other facility, or do any work of
any kind in or upon such road; and neither the Council nor any other
public authority shall have responsibility of any kind with respect
to any such road or drainage facility, notwithstanding any use of
the same by the public; provided, however, that nothing herein contained
shall prevent the laying of trunk sewers, drains, water or gas mains,
if required, by engineering necessity for the accommodating of other
territory.
H.
Standards for location and management of open space.
(1)
Common open space, when provided, shall be located so as to
be consistent with accepted design principles. It shall be designed
as a contiguous area easily accessible to the residents and preserving
natural features.
(2)
There shall be provisions that ensure that the common open space
shall continue as such and be properly maintained. The developer shall
either (a) dedicate such land to public use if the Borough or another
public agency has indicated it will accept such dedications, (b) retain
ownership and responsibility for maintenance of such open space, or
(c) provide for and establish one or more organizations for the ownership
and maintenance of all common open space. In the case of (b) and (c)
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.
(3)
If a homeowners' association or open space trust is formed,
it shall be governed according to the following regulations:
(a)
The organization is established 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 hire adequate staff to administer 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 any time
after establishment of the development fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Borough 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.
[1]
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.
[2]
If the deficiencies set forth in the original notice
or in the modifications thereof shall not be corrected within said
30 days or any extension thereof, the Borough may enter upon said
common space and maintain the same for a period of one year.
[3]
Said maintenance by the Borough shall not constitute
a taking nor vest in the public any rights of use.
[4]
Before the expiration of said year, the Borough
shall call a public hearing upon notice to such organization or to
the residents of the development. At the hearing, such organization
or the residents shall show cause why such maintenance by the Borough
shall not, at the option of the Borough, continue for a succeeding
year.
[5]
If the Council determines that such organization
is ready and able to maintain said common space in reasonable condition,
the Borough shall cease maintenance at the end of said year.
[6]
If the Council shall determine that such organization
is not ready and able to maintain said common open space in a reasonable
condition, it may, at its discretion, continue maintenance during
the next succeeding year subject to a similar determination in each
year thereafter.
[7]
The costs of maintenance by the Borough shall be
assessed 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.
