The following agreements shall be provided by the developer for review, comment and approval by the Board. These agreements shall be required for final approvals of any subdivision or site plan, where applicable.
A. 
Developer's agreement. The applicant shall prepare a developer's agreement in a form acceptable to the Borough Attorney. This agreement shall set forth the bonding and inspection fee requirements, the period required for the completion of public improvements and any conditions set in the resolution of preliminary and final approval.
B. 
Deeds/easements. For property to be transferred to the Borough and for all easements shown on the site plan and required by the Board, the applicant shall prepare all necessary deeds of transfer of title and/or easements in a form acceptable to the Borough Attorney. These deeds in the development shall be based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with the approved application.
C. 
Maintenance agreement. Any subdivision or site plan which incorporates common elements, such as open space, land in common ownership, private streets or other common land or improvements entirely owned by the individuals, partnership or corporation (other than a homeowners', cooperative or condominium association) shall enter into a maintenance agreement with the Borough subject to the conditions set forth below:
(1) 
There shall be established an organization to maintain such common elements, in accordance with law. Such organization shall not be dissolved, nor shall it sell or otherwise dispose of said common elements, except to another organization which is conceived and established to own and maintain said common land elements.
(2) 
In the event that the owner of such organization shall fail to maintain the common elements in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or owners have failed to maintain the common elements in reasonable condition and demanding that any deficiencies be cured within 35 days. This notice shall also state the date and the place of a hearing thereon, which shall be held within 15 days of the date of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within 35 days of the date of the notice or within the period of any extension granted, the Borough, in order to preserve the open space or common elements and maintain the same for a period of one year, may enter upon such land and maintain such common elements. Said entry and maintenance shall not vest in the public any rights to use the common elements, except when the same is voluntarily dedicated to the public by the organization or owners. Before the expiration of said year, the Borough Council shall, upon the request of the organization theretofore responsible for the maintenance of the common elements, call a public hearing, upon 15 days' notice to such organization, to be held by the Borough Council, at which such organization shall, at the discretion of the Borough Council, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain such open space or common elements in reasonable condition, the Borough shall cease to maintain said open space or common elements at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space or common elements in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or common elements during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision, subject to judicial review.
(3) 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment or use of the common elements, in accordance with their assessed values at the time of imposition of the lien, and shall become a tax lien on said properties to be added to and become a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the Borough Tax Collector in the same manner as other taxes. The Borough, at the time of entering upon said open space or common elements for the purpose of maintenance, shall file a notice of such lien in the office of the Middlesex County Clerk upon the properties affected by such lien within the development, and the same shall be discharged by the Borough upon payment as with other liens.