A.
Nonresidential development.
(1)
Any development application for new construction for nonresidential
or nonindustrial use, where the gross floor area or lot area exceeds
5,000 square feet, if located within the Downtown District or the
Business A District, or exceeds 20,000 square feet, if located elsewhere,
shall meet the requirements of this section.
(2)
The applicant shall be required to submit, as part of an application
for preliminary site plan approval, an open space plan, which shall
be in compliance with this chapter. No development application for
preliminary site plan approval shall be deemed complete unless an
open space plan has been provided or a waiver thereof has been obtained.
B.
Residential development.
(1)
Any application for new residential development, and the conversion
of nonresidential buildings into residential space with 10 or more
units in one structure, and located in any zone district, shall meet
the requirements of this subsection.
(2)
The applicant shall be required to submit, as part of an application
for preliminary site plan approval, an open space plan, which shall
be in compliance with this chapter. No development application for
preliminary site plan approval shall be deemed complete unless an
open space plan has been provided or a waiver thereof has been obtained.
A.
Nonresidential development.
(1)
A minimum open space area equal to two square feet for every
100 square feet of new or rehabilitated gross floor area shall be
provided.
(2)
Required open space may be provided, either on the exterior
or interior of the building, or both, and may consist of one or two
areas on the building site or on sites adjacent to the building site.
(3)
The open space, both interior and exterior, shall be accessible
to the public for a minimum of 50 hours per week.
In lieu of submitting an open space plan, the applicant for
preliminary site plan approval may request the Planning Board to waive
the requirement for an open space plan because of building design
and site limitation. If, in the opinion of the Planning Board, an
open space plan cannot reasonably be implemented, the applicant shall
be required to pay to the City a sum of $0.50 per gross square foot
for nonresidential development and $500 per dwelling unit for residential
development. These funds shall be dedicated to a special fund for
the purpose of enhancing open public spaces within the City of Trenton
in accordance with an approved budget by the City Council. Such payment
is to be made by the applicant prior to the issuance of a certificate
of occupancy.
A.
The open space plan required under this chapter shall indicate the
size and configuration of exterior or interior public open space having
appropriate landscaping features, such as trees and shrubbery, sitting
areas, plazas and similar open space, designed chiefly for public
pedestrian enjoyment. If such plan includes interior space, the ceiling
height shall be a minimum of 20 feet and be on the first floor of
the building with natural light as a primary source of lighting through
skylights or similar window design.
B.
The Planning Board shall, in determining the sufficiency of an open
space plan, consider the following factors:
(1)
Reasonable access to the open space area from the public sidewalk
on the building site.
(2)
The availability of natural daylight as a primary source of
daytime light for the open space.
(3)
Reasonable spacing and selection of trees and shrubbery to enhance
the area visually and to provide for convenient pedestrian access
throughout the open space.
(4)
Adequacy and design of trash receptacles for placement of litter.
(5)
Appropriateness of the size of an open space area with respect
to its particular function.
C.
The maintenance of the open space shall be the responsibility of the owner. Failure to properly maintain and keep free of litter open space approved under this chapter shall make the owner subject to penalties a set forth in Chapter 1, Article III, General Penalty, of the Code of the City of Trenton.
A.
In addition to meeting the open space requirements set forth herein,
any application for a project which comprises a nonresidential or
nonindustrial building having in excess of 50,000 gross square feet
shall include publicly visible works of art of such medium, dimensions
and placement as shall be deemed appropriate by the Planning Board.
B.
The provision of such art shall not exceed an amount equal to $0.50
per square foot of construction or 5% of the total cost of construction,
whichever is greater. In lieu of the aforementioned expenditures for
the provision of art, the developer shall have the option of contributing
to an Arts Development Fund an amount equal to $0.50 per square foot
of construction or 0.5% of the total costs of construction, whichever
is greater.
C.
The initial art proposal shall be submitted as part of the preliminary
site plan application.
D.
Payment of the in-lieu-of funds shall be made within 60 days following
the grant of final site approval.
