Should the method established to preserve the use, operation
and maintenance of improvements or common open space (including any
required recreation land) fail to do so in reasonable order and condition
in accord with the approved development plan, the Board of Supervisors
shall have the right and authority, but shall not be obligated, to
take all necessary legal action to effect such use dedication, operation
and maintenance. The action of the Board of Supervisors shall be in
accord with the following:
A. Notice. The Board of Supervisors shall serve written notice on the
assigned entity or the property owners in the development setting
forth the details of the failure of the entity with regard to the
use dedication and operation and maintenance.
B. Correction of deficiencies. The notice shall include a demand that
the deficiencies be corrected in a reasonable period of time which
shall be stated in the notice.
C. Public hearing. If requested by a party within 10 days of the date
of the notice, a public hearing shall be conducted subsequent to the
notice and shall be advertised in accord with the definition of public
notice contained in this chapter. At such hearing, the Board of Supervisors
may modify the terms of the original notice as to the deficiencies
and may extend the time for correction of the deficiencies.
D. Failure to correct. In the event the deficiencies in the notice,
as may have been modified at a public hearing, are not corrected in
accord with the established time period, the Board of Supervisors
may enter upon the common open space and maintain the same and/or
correct the deficiencies. The Board of Supervisors shall continue
such action for such time as may be necessary to correct the deficiencies.
Said action shall not constitute a taking or dedication of any improvement
or common open space, nor vest in the public the right to use any
improvement or common open space unless such right was previously
established.
E. Reinstatement of responsibility. The responsibility of operation
and maintenance shall not be reinstated to the assigned entity until
such time as the entity has demonstrated to the Board of Supervisors
that the proper steps have been effected to modify the terms of use
dedication, operation and/or maintenance; and/or to reorganize or
replace the responsible entity so that use dedication and operation
and maintenance established by the approved development plan will
be assured.
F. Appeal. Any party to the action of the Board of Supervisors may appeal
such action to court as provided for in the Pennsylvania Municipalities
Planning Code, as amended.
G. Public costs. The costs of the preservation of use dedication and
the cost of maintenance and operation of any improvements or open
space conducted by the Township in accord with this article, and including
any administrative and legal costs, shall be assessed ratably against
the properties in the subject development which have a right of enjoyment
and/or use of the common open space. The assessment shall constitute
a lien on said properties.