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.