The common open space, which includes the center landscaped island turnarounds on cul-de-sac streets, shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, the common open space, other than the aforementioned turnarounds, shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
A. 
Maintenance of open space land.
(1) 
There shall be provisions which ensure that the common open space land shall continue as such and be properly maintained. These provisions shall be in a form acceptable to the Municipality's Solicitor. The developer shall either:
(a) 
Dedicate such land to public use of the Municipality;
(b) 
Retain ownership and responsibility for maintenance of such common open space land; or
(c) 
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
(2) 
In the case of Subsection A(1)(c) above, each organization shall be a nonprofit homeowners' association, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
(3) 
Upon failure or bankruptcy of the organization, common open space shall revert free and clear of all encumbrances to the Municipality for public open space, if acceptable to the Municipality.
B. 
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
(1) 
The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(2) 
Membership in the organization is mandatory, including leaseholds and renters.
(3) 
The organization shall be responsible for maintenance, insurance, taxes and other assessments on common open space and recreation facilities.
(4) 
The members of the organization shall share equitably the costs of maintaining and developing common open space and recreation facilities, in accordance with procedures established by them.
(5) 
The organization shall have or hire adequate staff to administer recreation facilities and maintain the common open space.
(6) 
In the event that the organization established to own and maintain a common open space and recreation facilities or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Municipality may serve written notice under such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured 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. At such a hearing, the Municipality may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. 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 Municipality, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Municipality shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development to be held by the governing body or its designated agency, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Municipality shall not, at the option of the Municipality, continue for a succeeding year. If the governing body, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Municipality shall cease to maintain said common open space at the end of said year. If the governing body or its designated agency shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Municipality may, at its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the governing body or its designated agency shall be subject to appeal to court in the same manner and subject to the same limitation, as is provided by zoning appeals by this act. The cost of such maintenance by the Municipality shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Municipality at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary upon the properties affected by the lien within the planned residential development.
(7) 
In accordance with Article IV of Act 247, as amended,[1] the provisions of the development plan relating to: a) the use, bulk and location of buildings and structures; b) the quantity and location of common open space; and c) the intensity of use or the density of residential units, shall run in favor of the Municipality and shall be enforceable in law or in equity by the Municipality, without limitation on any powers of regulation otherwise granted the municipality by law. The development plan shall specify those of its provisions which shall run in favor of, and be enforceable by residents of the planned residential development, and in addition, the manner in which such residents may modify or release such rights.
[1]
Editor's Note: See P.S. § 10401 et seq.
Required open space, as required by this chapter to satisfy the net residential density and all yard requirements shall be maintained by one of the following:
A. 
The individual owner in the case of singles, townhouses or quadraplexes when said open space is deeded to the owner as part of the lot.
B. 
In all other cases the owner of the property. Such ownership may include condominiums, trusts, homeowner associations or any other form acceptable to the Municipality.