Open Space, provided the following:
(1) Land area equal to a minimum of 20% of the total gross acreage of the Easttown Planned Development which is included in the subject application shall be specifically set aside for recreational and public purpose uses, even though the lands have been apportioned to Residential Dwelling Units, Commercial Uses, a Country Inn or Civic Uses for density or floor area calculation purposes. Land utilized for street rights-of-way shall not be included as part of the above 20%, and at least 1/2 of the minimum 20% land area shall not include wetlands or floodplain lands. However, detention or retention basins may be included as part of the above 20%, provided that no more than 20% of the combined non-wetlands and non-floodplain lands comprising the "Open Space" are utilized for detention or retention basins.
The developer shall provide active recreational facilities within the Easttown Planned Development as specifically approved by the Planning Board.
(2) The active recreational facilities shall be located within the "Open Space" or within that portion of the development actually being developed for the "Residential Dwelling Units." The facilities shall be located to be conveniently accessible to the residents of the development. All of the active recreational facilities within the development shall be owned and maintained by a Homeowners' Association comprised of the residents of the development. The initial application for development submitted to the Township for approval shall indicate the proposed structure of the Homeowners' Association.
(3) The Township Planning Board shall review the submitted open space and recreation plan in the context of the particular development proposal, the characteristics of the subject land area, and the ability and desirability of relating the proposed open space to adjacent and nearby lands, particularly the existing Medford Village.
(4) Should the proposed development consist of a number of stages, the Planning Board may require that the acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.
(5) Open space may be deeded to the Township or dedicated to an open space organization or trust, with incorporation and by-laws to be approved by the Planning Board. If open space is not dedicated to and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the open space. Such organization or trust shall not be dissolved, nor shall it dispose of any open space by sale or otherwise except to an organization conceived and established to own and maintain the open space, without first offering to dedicate the same to the Township.
(a) If the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Council prior to the granting of preliminary plan approval of any development application containing open space.
(b) Lands offered to the Township for open space purposes shall be improved by the developer, including buildings, facilities, grading, pathways, landscaping, etc., as indicated on the approval plan and otherwise agreed to between the applicant and the Township.
(c) All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-3 and § 605 of this ordinance.
