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MapLink™ Procedures | Greenway Land

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Greenway Land
Operation and Maintenance (O&M) Plan.
 
A. Unless otherwise agreed to by the Board of Commissioners, the cost and responsibility of maintaining greenway land shall be borne by the property owner, community association, or conservation organization.

B. The applicant shall, at the time of preliminary plan submission, provide a plan for management of greenway land acceptable to the Township to be recorded.

C. The operations and maintenance plan shall be recorded with the developer's agreements, covenants and any other agreements required by the Township Solicitor.

Remedy. Failure to adequately maintain the greenway land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.

A. In the event that the organization established to maintain the greenway land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the greenway land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.

B. Upon default by any owner or other entity responsible for maintenance of greenway land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the municipality may, but shall not be obligated to, take the following actions:

(1) Upon 30 days' advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the municipality may enter upon the greenway land to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.

(2) Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the municipality. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the municipality in collection thereof.

All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the owner or responsible entity. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.

See § 27-2416.4 for more detailed information.