A. Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space or recreation except as is consistent with the furthering of recreation, conservation or aesthetic purposes.
B. Methods of conveyance.
(1) Dedication in fee simple to the Township. The Township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas, provided that:
(a) It is determined by the Township Planning Commission and Park and Recreation Board that the land is suitable and will serve the general public and is readily accessible to the general public.
(b) The Township agrees to and has access to maintain the land.
(c) The title is conveyed to the Township without cost.
(2) Conveyance to a conservancy, corporation, association, funded community trust, condominium or other legal entity, provided that:
(a) The terms of the conveyance shall guarantee continued use of the land for the intended purposes in perpetuity.
(b) Proper maintenance and continued funding for maintenance must be guaranteed.
(c) The corporation or association shall be responsible for liability insurance, taxes and recovery from loss sustained by casualty, condemnation or otherwise.
(d) The corporation or association shall not be dissolved nor shall it dispose of the open space except to another similar organization established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Township at no cost before such sale or disposition of the open space.
(3) Conveyance of restrictive covenants, conservation easements or other legal devise to the Township or to a conservancy, corporation, funded community trust or other legal entity. Open space may be part of fee simple lots with covenants or easements, provided that:
(a) The terms of the agreement guarantee the continued use of the land for the preservation of open space.
(b) Each owner of the open space shall be responsible for liability insurance, taxes, recovery of loss sustained by casualty, condemnation or otherwise and the general maintenance thereof.
(c) Including open space within fee simple, lots shall only be permitted by the Board of Supervisors at its sole and absolute discretion.
