40:55D-43 - Standards for the establishment of open space organization - New Jersey Statutes

40:55D-43.  Standards for the establishment of open space organization
    a.  An ordinance pursuant to this article permitting planned unit development, planned unit residential development or residential cluster may provide that the municipality or other governmental agency may, at any time and  from time to time, accept the dedication of land or any interest therein for  public use and maintenance, but the ordinance shall not require, as a condition  of the approval of a planned development, that land proposed to be set aside  for common open space be dedicated or made available to public use.

    An ordinance pursuant to this article providing for planned unit development, planned unit residential development, or residential cluster shall  require that the developer provide for an organization for the ownership and  maintenance of any open space for the benefit of owners or residents of the  development, if said open space is not dedicated to the municipality or other  governmental agency.  Such organization shall not be dissolved and 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 municipality or municipalities wherein the land is located.

    b.  In the event that such organization shall fail to maintain the open space in reasonable order and condition, the municipal body or officer designated by ordinance to administer this subsection may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.  At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and  may give a reasonable extension of time not to exceed 65 days within which they  shall be cured.  If the deficiencies set forth in the original notice or in the  modification thereof shall not be cured within said 35 days or any permitted  extension thereof, the municipality, in order to preserve the open space and  maintain the same for a period of 1 year may enter upon and maintain such land.   Said entry and maintenance shall not vest in the public any rights to use the  open space except when the same is voluntarily dedicated to the public by the  owners.  Before the expiration of said year, the designated municipal body or  officer, as the case may be, shall, upon its initiative or upon the request of  the organization theretofore 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 such municipal body or officer, at  which hearing such organization and the owners of the development shall show  cause why such maintenance by the municipality shall not, at the election of  the municipality, continue for a succeeding year. If the designated municipal  body or officer, as the case may be, shall determine that such organization is  ready and able to maintain said open space in reasonable condition, the  municipality shall cease to maintain said open space at the end of said year.   If the municipal body or officer, as the case may be, shall determine such  organization is not ready and able to maintain said open space in a reasonable  condition, the municipality may, in its discretion, continue to maintain said  open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter.  The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.

    If a municipal body or officer is not designated by ordinance to administer  this subsection, the governing body shall have the same powers and be subject  to the same restrictions as provided in this subsection.

    c.  The cost of such maintenance by the municipality 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.

     L.1975, c. 291, s. 31, eff. Aug. 1, 1976.