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East Windsor City Zoning Code

§ 20-22.8

Open Space Requirements.

a. 
Land equal to a minimum of 30% of the tract of land proposed for an age-restricted housing development shall be specifically set aside for conservation, recreation and/or other open space.
1. 
Land utilized for street rights-of-way and detention or retention basins shall not be included as part of the above 30%.
2. 
Moreover, no more than one-half of the minimum 30% land area may be wetlands, wetlands buffer, 100-year flood plains or lands with a topographic slope 15% or greater.
b. 
Any land proposed and approved by the Planning Board as open space shall be left in its current condition and/or improved to best suit the purpose(s) for which the particular open space is intended.
c. 
To the extent practicable, all individual residential lots shall abut open space.
d. 
Open space may be offered by deed to East Windsor Township or dedicated as "common open space" to a homeowners' association.
1. 
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 approval of any development application containing the subject open space.
2. 
All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise.