Short Title. This subsection shall be known and may be cited as an organization for the ownership and maintenance of open space within the Township of Sparta.

Purpose. It is the purpose of this subsection to establish a means by which the Township may insure proper organization, ownership and maintenance of any open space for the benefits of owners or residents of any development where the open space is not dedicated to the municipality. It is also the purpose of this subsection to provide a mechanism by which the Township may act in the event there is a default by any homeowner association or organization charged with the responsibility of maintaining such open space.

Designation of Responsible Officer. The Township Planner/Deputy Manager shall be designated as the municipal officer responsible for implementing the policies and procedures set forth in this subsection.

Establishment of Open Space Organizations. Applications for development providing for residential clusters shall provide for an organization or association which shall own and maintain all open space which is not dedicated to the Township or other governmental agency. An organization formed pursuant to this subsection 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 Township.

Dedication of Open Space to the Municipality. The Township may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. If an applicant offers to dedicate open space to either the Township or a homeowners or open space organization, the applicant shall provide the following documentation, at its sole cost and expense, to the homeowners or open space organization or the Township, whichever is proposed to receive the dedication:

Failure to Maintain Open Space. In the event that an organization formed under this subsection shall fail to maintain the open space in reasonable order and condition, the Township Planner/Deputy Manager may serve written notice upon such organization or developers setting forth the manner in which they have failed to maintain the open space in reasonable condition. The notice shall also include a demand that such deficiencies of maintenance be cured within 35 days thereof. In addition, the notice shall state the date and location of a hearing which shall be held within 15 days of the notice.

Hearing. At such hearing, the Township Planner/Township Manager may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time to cure the deficiencies not to exceed 65 days.

Entry by the Township. If the deficiencies set forth in the original notice or modification thereof shall not be cured within the original 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same, for a period of one year, may enter upon and maintain the land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the land is voluntarily dedicated to the public by the owners.

Continued Maintenance by the Township. Before the expiration of the one year, the Township Planner/Deputy Manager shall, upon his initiative or upon request of the organization 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 Township Planner/Deputy Manager at which such organization and/or developer shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Planner/Deputy Manager shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the Township shall cease to maintain said open space at the end of the first year. If the Township Planner/Deputy Manager shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Township Planner/Deputy Manager shall constitute a final administrative decision subject to judicial review.

Cost of Maintenance. The cost of such maintenance by the Township 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 enforced and collected with interest by the same officers and in the same manner as other taxes.