If the applicant proposes that the common open space be dedicated to the Township, then the Planning Board shall forward notice of such proposal with a recommendation to the governing body prior to the granting of preliminary approval of any development application involving common open space, and any approval thereafter granted shall be subject to the governing body's determination and/or acceptance of such dedication.

Lands offered to the Township for active recreational purposes shall be improved by the developer and shall include suitable equipment, walkways and landscaping.

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-43 and as provided herein.

Membership in such organization by all dwelling unit owners shall be mandatory. Such membership and the responsibilities of the members shall be in writing between the organization and the individual members in the form of a deed covenant wherein each member accepts responsibility for a pro rata share of the organization's costs, and providing that the Township shall be a beneficiary to such covenant and be entitled to enforce its terms.

Deeds or other instruments to effectuate the purpose of this section shall recite that the prescribed use(s) of the lands in common ownership shall be perpetual and absolute and not subject to reversion for possible future development.

The organization and its members, jointly and severally, shall be responsible for liability insurance, local taxes, maintenance, and the condition of any facilities that may be erected on any land within the contemplation of this section, and shall hold the Township harmless from any liability arising therefrom. Should the organization fail for any reason to meet its obligations under this section, the Township may, at its discretion and without limitation, undertake the responsibilities of the organizations and members and then assess each member or benefitted property owner such member's or owner's pro rata share of the same as more particularly provided hereinbelow.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space and recreation areas, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain such open space and recreation areas in reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject only to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.

Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the property owners in the development, and the articles of incorporation of the organization shall be submitted for review by the Planning Board prior to the granting of final approval by the Township.