Permanent open space offer of dedication. Permanent open space required in accordance with certain sections of this article shall be offered for dedication to the Township, although the Township need not accept any such offers.
Permanent open space ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(1) The Township may accept dedication of the permanent open space or any interest therein for public use and maintenance, but the Township need not accept a dedication of the permanent open space.
(2) With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the permanent open space or a portion thereof to a private, not-for-profit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a) The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;
(b) The conveyance contains appropriate provision for proper retransfer or reverter of title to the Township in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
(c) A maintenance agreement acceptable to the Township is entered into by the developer, the organization and the Township.
(3) The developer shall provide for and establish an organization for the ownership and maintenance of the permanent open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds for the permanent open space and for all individual lots within the development shall contain the following requirements in language acceptable to the Township Solicitor:
(a) Such organization shall not dispose of the permanent open space by sale or otherwise except to the Township unless the Township has given prior approval. Such transfer shall be made only to another organization which shall maintain the permanent open space in accordance with the provisions of this chapter;
(b) The organization and all lot owners within the development shall agree to maintain the permanent open space. If private ownership fails to do so, the Township may proceed to maintain deteriorating open space and may assess and lien the properties with in the development accordingly;
(c) All lot owners shall be required to become members of the organization and shall pay assessments for the maintenance of the permanent open space, which may be adjusted as required and may provide for professional management.
