In the case of a residential cluster, such as
a townhouse or multifamily development, where the development is other
than a complete rental project under single ownership, the developer
shall provide for an organization for the ownership and maintenance
of any open space for the benefit of owners or residents of the development.
A.Â
Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the municipality or municipalities
wherein the land is located.
B.Â
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the owners
of the development setting forth the matter in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the governing body may modify the terms of the original
notice as to deficiencies and may give a reasonable 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 cured within the 35 days or any permitted extension thereof,
the municipality, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. The entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of the year, the
governing body shall, upon its initiative or before the request of
the organization thereto responsible for the maintenance of the open
space, call a public hearing upon 15 days written notice to such organization
and to the owners of the development, to be held by the governing
body, at which hearing such organization and the owners of the development
shall show cause why such maintenance by the municipality shall not,
at the election of the municipality, continue for a succeeding year.
If the governing body shall determine that such organization is ready
and able to maintain the open space in reasonable condition, the municipality
shall cease to maintain the open space at the end of the year. If
the governing body shall determine such organization is not ready
and able to maintain the open space in a reasonable condition, the
municipality may, in its discretion, continue to maintain the open
space during the next succeeding year, subject to a similar hearing
and determination, in each year thereafter. The decision of the governing
body in any such case shall constitute a final administrative decision
subject to judicial review.
C.Â
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on the properties and be added to and be a part of
the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
