A. Characteristics of required open space. Open space created shall have the following minimal requirements:
(1) The land area to be set aside for permanent preservation as open space shall be so located and so shaped as to be suitable for the purposes intended. Consideration shall be given to contiguous portions of existing and potential open space lands in adjacent
.
(2) A minimum of 25% of the gross
acreage, exclusive of existing
rights-of-way, shall be set aside as open space lands.
B. Maintenance of required open space. The following requirements shall govern the maintenance of the required open space:
(1) The open space land to be set aside or reserved for park, woodlands, conservation, playground, active recreational
or other open space purposes, such as the preservation of
, must first be offered for dedication to the Township or may be reserved for private
if Township officials decline to accept the offer of dedication, in which case satisfactory arrangements shall be made, acceptable to the Township, for the maintenance of all such area.
(2) Necessary covenants, easements and/or restrictions must be established to provide for public utilities, drainage, trails for hiking or bicycling or any other permitted
designated for the benefit of owners or occupiers of the
if the open space is to be privately owned.
(3) If a
includes a proposal to dedicate to the Township, land for park and/or open space
, under provisions of this section, the total land area to be dedicated shall be delineated on the
plan with a note stipulating that the legal means of conveyance shall be by dedication.
(4) If the open space land is to be retained by the property owners, the Township will require the property owners to provide for and establish a homeowner’s association, other organization or funded community trust for the ownership and maintenance of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space or by dedication to and acceptance by the Township.