A. Ownership and Maintenance of PRD Open Space.
(1) Adequate provisions shall be established by the developer to ensure permanent preservation and maintenance of the common open space. For portions of a PRD that are not retained and maintained as part of a contiguous rental development, this shall involve the establishment of an organization to own, maintain and preserve the open space, conforming to the following standards:
(a) The organization shall be established by the developer prior to the occupancy, sale or rent of any dwellings. Membership in the organization shall be binding upon all property owners in the PRD.
(b) The form, financial capability, rules of membership, ability to hire staff or contractors and methods of cost assessment of the organization shall be sufficient to ensure the maintenance, preservation and improvement responsibilities of the organization. Such organization may be granted certain other maintenance responsibilities in addition to oversight of the open space, if approved by Borough Council.
(c) Required open space shall be owned by such organization, unless an alternative form of ownership is approved by Borough Council.
(d) If such organization shall fail to adequately maintain the common open space in reasonable order and condition in accordance with the approved development plan, then Borough Council may authorize written notice upon such organization or upon the residents or owners of property within the PRD setting forth the shortcomings of such maintenance. Such notice shall state that deficiencies shall be corrected within 30 days, or a longer period as may be established by Borough Council. Such notice shall state the date and place of a Borough Council public meeting on such subject.
(i) If the deficiencies are not corrected within the time limit established by Council after such public meeting, then the Borough, at its option, shall have the authority to accomplish or have accomplished such maintenance for such time as determined to be necessary by Borough Council. Such maintenance shall not constitute a taking of the property, nor vest in the public any rights to use the property.
(ii) The Borough Council may end such maintenance at its option. Borough Council may at any time determine that the property owners association is now able to maintain the open space, and may return maintenance responsibilities.
(iii) The cost of such maintenance by the Borough shall be assessed ratably against the properties within the PRD that have the right of use of the common open space, and may be enforced through liens.
(2) The Borough Council may at any time, at its option, voluntarily accept dedication of all or part of the common open space or permit dedication to another appropriate governmental agency or an established incorporated nature conservation organization, if Borough Council deems appropriate, and if officially offered by the entity currently responsible for ownership and maintenance.
B. Enforcement and Modifications of Provisions of a PRD.
(1) Property owners within the PRD may, to the extent and in the manner expressly authorized by provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan that are granted to them, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this section.
(2) Minor Adjustments to a PRD.
Minor adjustments to a previously approved PRD (such as but not limited to the minor shifting in the location of principal buildings, off-street parking areas, driveways, accessways or common open space or adjustments in phasing) shall require review of the Planning Commission and approval by the Borough Council under the same requirements that would apply to a revision to a final subdivision plan under the Subdivision and Land Development Ordinance [
Chapter 22: Subdivision and Land Development]. Such adjustments shall not require a new final approval as a PRD, unless the overall scheme of development is altered, as determined by the Planning Commission.
