While the Board may require public dedication of land to the Township,
the Board and developer may mutually agree to dedicate the required
land to a homeowners' association. In such a case, the Township
Solicitor, prior to final approval, shall approve easements, covenants,
homeowners' association documents or condominium declarations.
The aforesaid instruments shall ensure the availability of the land
to the residents of the subject plan, long-term maintenance with provisions
guaranteeing such in favor of the Township wherein properties within
the Township may equitably lien properties within the plan for work
completed where the related association defaults on such maintenance,
preservation of wooded areas and other natural resources, and the
perpetual usage of the land for the intended open space or recreational
purposes.