Methods of conveyance and maintenance. All common open space shown on the final development plan as filed with the Township and subsequently recorded in the office of the Recorder of Deeds of Northampton County must be conveyed in accordance with one or more of the following methods:
(1) Dedication in fee simple to the Township:
(a) The Township may, at the discretion of the governing body, accept any portion or portions of the common open space, provided:
[1] If, upon the recommendation of the Planning Commission, it is determined that such land is suitable regarding size, shape, location, and access, the governing body may determine that such lands will benefit the general public of the Township;
[2] The Township agrees to and has access to maintain such lands; and
[3] The titles are conveyed to the Township without cost.
(2) Conveyance of title in fee simple to a conservancy organization, entity controlling a golf course, property-owner association, entity controlling agricultural or equestrian land, or other Township-approved legal entity:
(a) The terms of such instrument of conveyance must include provisions suitable to the Township, assuming such organization shall guarantee:
[1] The continued use of such land for the intended purpose in perpetuity;
[2] Continuity of proper maintenance for those portions of the common open space requiring maintenance;
[3] Available funds required for such maintenance;
[4] Adequate insurance protection if the land will be open to others;
[5] Provision for payment of applicable taxes;
[6] Recovery for loss sustained by casualty, condemnation, or otherwise;
[7] The right of (but not the responsibility of) the Township to enter upon and maintain such property at the expense of the entity in the event the entity fails to maintain the property; and
[8] Such other covenants and/or easements to fulfill the purposes and intent of this chapter.
(b) The following are prerequisites for a corporation or association:
[1] The Township, prior to final plan approval, must approve the corporation or association, and the liens recorded before any homes or dwelling units are sold, leased or otherwise conveyed.
[2] Membership must be mandatory for each buyer and/or lessee. The organizational paper shall specify the voting rights as per adult, per unit, or per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to homeowner.
[3] It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities.
[4] Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the Township.
[5] It must be able to adjust the assessment to meet conditions by a stated margin of votes.
[6] Such corporation or association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common open space. The corporation or association must first offer to dedicate the common open space to the Township before any such sale or disposition of the common open space.
(c) The dedication of common open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity shall be absolute and not subject to reversion for possible future use for further development.
(d) A golf course may only be counted as required common open space if it will be open for play by the general public. Areas of a golf course that include buildings, parking and vehicle driveways shall not count as common open space.
(3) Conveyance of restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, association-funded community trust, condominium, individual or other legal entity to insure the preservation of the common open space. In such case, the Township may allow the common open space to be lotted off to one or more adjacent fee-simple lots, provided:
(a) The terms of such instrument of conveyance must include provisions for guaranteeing:
[1] The continued use of such land for the preservation of common open space;
[2] Such other conveyance and/or easement that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
(b) The following are prerequisites for the conveyance of easements, etc.;
[1] Such conveyance of the total easements, etc., must transpire prior to any lots or dwelling units being sold, leased, or otherwise conveyed;
[2] Each owner of the common open space shall be responsible for liability insurance, insurance, taxes, recovery of loss sustained by casualty, condemnation, or otherwise, and the general maintenance thereon.
(4) Conveyance of title to an individual for agricultural purposes:
(a) Common open space may be retained by the original landowner, subdivided, or sold separately, provided the terms of the instrument of conveyance include provisions suitable to the Township which shall guarantee:
[1] such land for the preservation of common open space in perpetuity; and
[2] Such other conveyance and/or easement that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
