A. 
Under the provisions of this chapter and state statutes, the Borough of East Rutherford, other governmental agencies, the Board of Education, state, county and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses.
B. 
Where a subdivision or site plan is required, this chapter shall require that the applicant provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the municipality or other governmental agency. Such organizations 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 Borough of East Rutherford.
C. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer may serve written notice upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of the 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 designated municipal body or administrative officer 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 may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 65 days or any permitted extension thereof, the borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said 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 said year, the designate borough body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore 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 officer, to be held by such borough body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the borough shall not continue for a succeeding year. If the designated borough body or officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the borough shall cease to maintain said open space at the end of said year. If the borough body or officer shall determine such organization is not ready and able to maintain said open space in reasonable condition, the borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the borough body or officer in any such case shall constitute a final administrative decision subject to judicial review.
D. 
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 of the open space in accordance with assessed values at the time of imposition of the lien and shall become a lien and tax on said properties and to 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.
A. 
If the Land Use Plan or Master Plan of East Rutherford or if the Official Map of East Rutherford provides for the reservation of designated streets, public drainageways, flood-control basins or public areas within the proposed development, before approving a subdivision or site plan the approving authority may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat in locations and sizes suitable for their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins and areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer.
B. 
Unless during such a period or extension thereof the government entity having jurisdiction shall have entered into a contract of purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this subsection shall not apply to the streets and roadways, flood-control basins or public drainageways necessitated by subdivision or land development and required for final approval.
The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval caused by the reservation.