There shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of 10 acres or 10% of the total land area, but not less than three, of well drained, reasonably level land, suitable for recreational use, at least 50% of which shall be improved for recreational purposes as directed by the installation of facilities and or equipment such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon, prior to final subdivision plat approval of any section or the open space zoning development.

Except as set forth herein, each unit of common open space shall contain an area of at least one acre, and shall have a reasonable access strip at least 25 feet in width with frontage on a street.

All land to be devoted to common open space shall be reasonably usable for the purpose proposed. Undrained swamp land or land with a slope in excess of 6%, or other peculiar topography characteristics which cannot be reasonably used for any recreational purpose shall not qualify for inclusion in common open space, nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties. Land subject to above ground storm drainage shall not be included in the minimum open space requirements. Land subject to aerial utility line easements shall not comprise more than 25% of the minimum open space requirements, provided that said easements are a minimum of 200 feet wide and any aerial lines therein are a minimum of 25 feet above finished grade.

All or part of such common open space may be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All common open space not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners association (in which the owners of each lot in the open space zoning development shall be entitled to vote on the basis of lot ownership) which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon, and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.

The deed of conveyance of such common open space to the property owners association shall contain a restrictive covenant limiting such land to the common use of the homeowners within the open space zoning development, for the purposes initially approved by the Land Use Board or such other purposes (not inconsistent with those initially approved) which the Land Use Board might subsequently approve at the request of the property owners association. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the municipality or if the municipality does not accept, another government agency.

Prior to the sale of any lots within the open space zoning development, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the attorney for the Land Use Board as to form, and by the Land Use Board as to adequacy) by the terms of which all lands within the open space zoning development, and the owners thereof, shall be at all times, bound to an annual assessment, according to an equitable formula, based upon lot ownership, to meet the expenses of maintaining the common open space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon, and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners association. The declaration of covenants and restrictions shall also make the Township of Greenwich a party thereto, granting to the municipality express power to compel the association to perform its obligations relative to the maintenance of the common open space and all facilities thereon, and providing that, in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43 to cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition the municipality, in the event of failure of the association to maintain the common open space in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43 to the said common open space from year to year, and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charge shall be a tax lien upon such properties payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners association, and providing for a lien therefore upon the lot until paid.

Certified copies of the certificate of incorporation of the property owners association, its by-laws, the declaration of covenants and restrictions, the proposed form of deed with the covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the common open space within the open space zoning development shall be submitted to the Land Use Board for approval prior to the issuance of any certificate of occupancy, and filed with the Township Clerk prior to final plat approval of the first section of the open space zoning development by the Land Use Board. The Declaration of Covenants and Restrictions and any general declaration restricting the use, area, and yard requirements of the individual lots shall be recorded in the office of the County Clerk.