This article shall apply to any development which involves the ownership and maintenance of conservation open space, open land, recreation land, or common facilities (referred to as "common area" in this article) as required by this chapter and Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
The requirements of this article are intended to assure in perpetuity
the ownership, use and maintenance of common areas. The general principle
shall be to assign ownership and maintenance responsibility to that
entity which is best suited for the same and which will allocate any
associated costs to the individuals which directly benefit from the
use of the common area.
The developer shall submit a plan and proposed legal documents
for the purpose of dedicating, in perpetuity, the use, ownership and
maintenance of the approved common area. The plan shall be approved
by the Township with the advice of the Township Solicitor. The provisions
of the approved plan shall be incorporated into a development agreement
with the Township, deed covenants and restrictions, or other legal
document which will effect the plan and which can be enforced by the
Township.
The use of any common area shall be limited to those uses which are specifically permitted or required by the applicable sections of this chapter and Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
The use of common areas and common area ownership and maintenance shall be addressed in accord with the requirements of Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
