In the case of a planned development, 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.
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 nor dispose of any of its open
space without first offering to dedicate the same to the Township.
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 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 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 said
35 days or any permitted extension thereof, the governing body, 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 governing body
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, 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 said open space in reasonable condition, the
municipality shall cease to maintain said open space at the end of
said year. If the governing body shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality 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 governing body in any such case shall constitute a final administrative
decision, subject to judicial review.
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 said properties and be added to and be a part of
the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
