[Added 10-23-2007 by Ord. No. O-20-2007[1]]
[1]
Editor's Note: This ordinance also repealed
former Article XIII, R-A Residential Agricultural District, as amended,
and all previous language assigned to said sections of the Franklin
Township Zoning Code. It also stated: "Any real property which is
not located within the R-A Zone as shown on the Official Zoning Map
adopted with this ordinance shall not be affected by this ordinance.
Legally established pre-existing residential lots which conformed
to prior zone ordinances governing the area shall continue to be governed
by the bulk standards in effect for said lots preceding the passage
of this ordinance. All residential and nonresidential lots which have
been granted preliminary and/or final subdivision or site plan approval
shall be protected from the application of this ordinance in accordance
with the provisions of N.J.S.A. 40:55D-49 and 40:55D-52, including
any extensions which may be granted by the Planning Board or Board
of Adjustment as the case may be."
A.
To conserve and preserve environmentally sensitive
land, including but not limited to those areas containing unique and
sensitive natural features such as woodlands consisting of mature
stands of forest, steep slopes, streams, floodplains and wetlands,
by preventing development thereon;
B.
To safeguard supplies of drinking water and preserve
water quality by promoting residential density in the Township consistent
with groundwater recharge rates;
C.
To provide greater design flexibility and efficiency
for developers in the siting of services and infrastructure, including
the opportunity to reduce the length of new roads, utility runs, and
the amount of paving required for residential development;
D.
To reduce erosion and sedimentation by the retention
of existing vegetation, and the minimization of development on steep
slopes;
E.
To implement municipal policies to conserve a variety
of irreplaceable and environmentally sensitive resource lands as set
forth in the Township's Open Space Plan and Master Plan, including
provisions for reasonable incentives to create open space for the
benefit of present and future residents;
G.
To protect areas of the municipality with productive
agricultural soils for continued or future agricultural use, by conserving
blocks of land large enough to allow for efficient farm operations;
H.
To create neighborhoods with direct visual access
to open land, with amenities in the form of neighborhood open space,
and with a strong neighborhood identity;
I.
To provide for the conservation and maintenance of
open land within the municipality to achieve the above-mentioned goals
and for active or passive recreational use by Township residents;
J.
To conserve the municipality's rural character, and
to minimize perceived density, by minimizing views of new development
from existing roads.
The design of all new subdivisions in the R-A
Residential District shall be governed by the following minimum standards:
A.
All land in the R-A Residential District is as designated
on the Zoning Map. The base residential density is 0.4 residential
units per gross acre of land net of wetlands but including wetlands
buffers in accordance with applicable state and federal regulations.
Two types of subdivision shall be permitted in the R-A Residential
District as follows:
(1)
Type 1 - Conventional Lot Minor Subdivision, providing
for rural-suburban residential or agricultural uses in conventional
layouts of standard residential lots, where homes and streets are
located carefully to minimize impacts on environmentally sensitive
lands.
(2)
Type 2 - Basic Conservation Major Subdivision, providing
for residential uses at the density permitted by the underlying zoning.
Open space lands shall constitute one-half of the tract. The flexibly
designed layouts must work well with either individual wells and septic
systems located on the individual lots or in the open space, or with
central wells and sewage treatment facilities.
B.
The type of subdivision permitted on a particular tract is dependent on the number of lots that can be achieved with a plan as described in § 253-107. Type 1 subdivisions are permitted only on tracts that produce fewer than five lots or which are otherwise classified as minor subdivisions. Any tract that produces five lots or more shall utilize a Type 2 subdivision.
C.
Applicants will be required to submit a subdivision
plan for any subdivision which is not classified a minor subdivision
that includes all the site's natural resources and conditions, including
but not limited to wetlands, floodplain, woodlands, slopes between
15% and 25%, slopes exceeding 25%, soil suitability for subsurface
sewage disposal, existing road and utility rights-of-way, and any
easements or other encumbrances following the format set forth below.
The proposed design shall strictly minimize the disturbance of environmentally
sensitive land, as shown on the submitted plan. The applicant shall
demonstrate that the environmentally sensitive land will be protected
by the proposed development plan.
(1)
The plan pursuant to this section shall be a written
document prepared by or under the supervision of a licensed professional
engineer of the State of New Jersey and shall include a summary of
the following information which shall be attached to the plan as exhibits
and shall comply with the checklist requirements to be established
in accordance with this article:
(a)
Outbound survey with topographic contours and
showing the existence of all structures on site, all structures within
200 feet of the site and the extent and existence of wooded areas
on site.
(b)
Wetlands delineation as determined by the applicant's
engineer. For purposes of this section, no letter of interpretation
from the DEP shall be required but same shall be a condition of approval
consistent with N.J.S.A. 40:55D-22(b).
(c)
A report showing the existence or absence of
all easements, restrictions or covenants affecting the lands.
(d)
Phase I environmental assessment.
D.
New intersections with existing public roads shall
be minimized. Although two means of access into subdivisions containing
more than 24 dwellings are generally required for safety in accordance
with RSIS, proposals for more than two entrances onto municipal roads
shall be discouraged in order to avoid disruption of traffic flow.
In R-A Residential Agricultural Districts, land
may be used and buildings or structures erected, altered or used for
any of the following purposes and no other:
A.
Single-family detached dwellings.
C.
Nonresidential uses as follows:
(1)
Agricultural uses, including horticultural, wholesale
nurseries, and the raising of crops and livestock, except as otherwise
restricted, and buildings related to the same. Forestry in accordance
with an approved woodland management plan, vacant woodlots and other
similar silvicultural uses.
(2)
Woodland preserve, game preserve, wildlife sanctuary,
wildlife management or other similar conservation use including hunting,
trapping and fishing in accordance with applicable fish and game regulations.
(3)
Municipal building, police station, municipal park,
municipal recreation area, garage for storage and repair of municipal
or School Board equipment, municipal library, fire station, emergency
medical services building, private or parochial school or School Board
office, municipal sewage plant and other municipal uses.
(4)
Privately owned outdoor recreation area such as parks,
picnic grounds, equestrian academy, natural swimming area, golf course
and golf driving range, provided that:
(a)
The minimum lot size is 15 acres.
(b)
The use and its design are compatible with the
natural character of the site and developed areas surrounding the
proposed use.
(c)
The uses include any accessory structures required
for the operation of such outdoor activity.
(d)
Any such commercial activity as is permitted
or parking area shall be screened or separated from a public street
or from an adjoining property by a buffer strip of not less than 100
feet in width if grass or 50 feet in width if wooded or at the option
of the applicant by a fifty-foot wide landscaped buffer with a fence
six feet in height at the point of the buffer nearest the commercial
activity, to assure that the proposed use shall not detract from or
adversely affect the surrounding properties.
(5)
Accessory uses customarily incidental to the principal
uses, such as follows:
(a)
An office or studio of a physician, dentist,
lawyer, musician, architect, engineer or other professional person,
when located within or directly connected to the dwelling used by
such professional person as his private dwelling.
(b)
Home occupations as defined by Franklin Township Ordinance § 253-190.10.
(c)
A private garage for not more than three vehicles,
provided that such garage is located at the rear of the lot or is
directly connected to the dwelling.
(e)
Fences and swimming pools in accordance with
Franklin Township ordinances.
(f)
Farm labor facilities, customary farm buildings
for livestock, for the storage of farm products or equipment or for
the processing of farm products excepting therefrom the processing
of livestock or as otherwise permitted by New Jersey statutes regarding
agricultural uses.
(g)
Private noncommercial athletic courts and sports
fields provided that no outdoor lighting shall be permitted. Athletic
courts and fields shall be buffered from adjoining residential properties
by either a fifty-foot buffer or a six-foot high opaque fence.
(h)
Parking lot, including driveway.
(i)
Accessory solar energy system.
[Added 8-9-2022 by Ord. No. O-18-22]
D.
The following uses when authorized as a conditional
use by the Planning Board:
(1)
Houses of worship.
(2)
Cemeteries, provided that the lot area for such use
shall not be less than 20 acres.
(3)
Hospital.
(4)
Public utility installation.
(5)
Mass transit station, rail or bus.
(6)
Convalescent home.
(7)
Club or lodge organized for fraternal or social purposes,
provided that the chief activity shall not be one which is customarily
carried on as a business and provided that the buildings and services
shall be for the members and their guests.
(8)
Accessory uses shall be permitted on the same lot
with and incidental to any principal use.
[Amended 5-26-2009 by Ord. No. O-5-2009]
A.
The maximum
number of permitted dwelling units on a given tract shall be based
upon a density factor of 0.4 residential units per acre applied to
the gross tract acreage net of wetlands but including their buffers
as defined by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1
et seq. and applicable regulations of the New Jersey Department of
Environmental Protection.
(1)
A
site analysis plan shall be prepared for the land to be developed
using the following resource reference materials: soils maps, wetlands
maps, tax maps, aerial photos, existing surveys and the results of
any Phase I environmental assessments in existence for the property
at the time of the preparation of the site analysis plan. No field
surveys, soil borings or other on-site inspection shall be required
of the applicant.
(2)
If
a licensed professional engineer of the State of New Jersey certifies
that less than 20% of the site is classified as wetlands in accordance
with the applicable rules and regulations of the State of New Jersey,
then the maximum number of residential units shall be determined as
set forth below:
(a)
A yield plan in accordance with this section shall determine the
density of the land to be preserved as open space by the following
formula. Gross acreage less wetlands but including their buffers multiplied
by a density factor of 0.4 minus 15% (to account for street improvements
and drainage facilities and other infrastructure) and then rounded
up. Example: For a one-hundred-acre tract with 5% wetlands, the density
calculation shall be as follows: 95 acres X 0.4 = 38— 15% (15%
of 38 = 5.7) =. 32.3; rounded up = 33. Thus the density for this hypothetical
tract is 33 residential units which may be utilized as part of the
development of a Type 2 subdivision.
(b)
In the event that active farmland is proposed to be utilized to satisfy
the open space requirements of this section; then the developer shall
be entitled to one additional residential unit which shall be permitted
to be built upon the farmland area (in the nature of a farmer's residence)
in order to encourage the preservation and promotion of agriculture.
B.
Dimensional standards for Type 1 – Conventional Lot Subdivision
if all of the residential lots so created have frontage on an existing
improved and dedicated public right-of-way. For purposes of this section,
the term "improved and dedicated public right-of-way" shall include
paved streets, gravel and stone roads, dirt roads and oil and chip
roads which are in use by the general public as of the effective date
of this ordinance.[1]
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Maximum density: 0.67 dwelling units per acre net of wetlands
but including their buffers as set forth above.
(2)
Minimum lot area: 1.5 acres.
(3)
Minimum street frontage: 150 feet.
(4)
Yard regulations. The builder or developer is urged to consider
variations in the principal building position and orientation, but
shall observe the following minimum standards:
(a)
Front: 75 feet from the right-of-way of existing municipal roads;
provided, however, that in the event that a proposed lot is wooded
sufficiently to shield the said dwelling from the existing municipal
road then a fifty-foot minimum setback shall be required if the applicant
consents to restrict the said fifty-foot wooded strip from cutting.
(b)
Rear: 50 feet minimum for principal buildings and 15 feet for
accessory buildings (except that accessory buildings with a ground
floor area exceeding 500 square feet shall conform to the setback
requirements for principal structures).
(c)
Side: 20 feet.
(d)
Maximum height regulations: 35 feet.
(e)
Setbacks from active farmland which is farmland assessed in
accordance with applicable Franklin Township ordinances.
[1]
Editor's Note: "This ordinance" refers to Ord. No. O-3-12,
adopted 3-13-2012.
C.
Dimensional standards for Type 1 – Conventional Lot Subdivision
if a new subdivision road is required to access the lots so created:
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Maximum density: one dwelling unit per 2.5 acres.
(2)
Minimum lot area: 2.5 acres.
(3)
Minimum street frontage: 200 feet.
(4)
Yard regulations. The builder or developer is urged to consider
variations in the principal building position and orientation, but
shall observe the following minimum standards:
(a)
Front: 150 feet from existing municipal, county or state roads,
but 60 feet from the right-of-way of new subdivision streets, country
lanes or common driveways.
(b)
Rear: 60 feet minimum for principal buildings and 15 feet for
accessory buildings (except that accessory buildings with a ground
floor area exceeding 500 square feet shall conform to the setback
requirements for principal structures).
(c)
Side: 30 feet.
(d)
Maximum height regulations: 35 feet.
(e)
Setbacks from active farmland assessed in accordance with applicable
Franklin Township ordinances.
D.
Dimensional standards for Type 2 – Basic Conservation Subdivision.
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Maximum number of units: as determined by preparation of a yield
plan as described herein.
(2)
Minimum required open space land: The subdivision must designate
at least 50% of the tract as open space land. Open space land shall
not be used for residential lots.
(3)
Minimum lot size: There is no minimum lot size. The applicant must demonstrate that sufficient supplies of potable groundwater are available, and that the lots meet all county and state standards for septic systems or have access to public water and sewer. The lots must also meet the design standards contained in § 253-109.
(4)
Minimum distance between houses: 20 feet.
(5)
Maximum height regulations: 35 feet.
E.
Dimensional standards for Type 3 – Conservation Subdivision,
Planned Residential Development:
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Minimum tract size: 10 acres in the receiving area.
(2)
Minimum required open space land: The subdivision must include
at least fifty-percent open space land.
(3)
Minimum lot size: There is no minimum lot size. The applicant must demonstrate that sufficient supplies of potable groundwater are available, and that the lots meet all county and state standards for septic systems or be serviced by public sewer. The lots must also meet the design standards contained in § 253-109.
(4)
Minimum distance between houses: 20 feet.
(5)
Maximum height regulations: 35 feet.
F.
Dimensional standards for residential uses in Subdivision Type 4
— Villages, Planned Residential Development:
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Minimum tract size: 50 acres in the receiving area.
(2)
Density factor.
(a)
Four tenths dwelling units per gross acre as determined by a
yield plan as described herein.
(b)
If centralized water and sewer systems are available, density will be increased to four dwelling units per acre for single-family detached dwellings and six dwelling units per acre for single-family attached dwellings and multifamily dwellings in the receiving area portion of the tract. An affordable housing component will be required in accordance with Article XIV.
(3)
Minimum required open space land. The subdivision must include
at least fifty-percent open space land. Not less than 20% of this
open space land shall be in a form usable to and accessible by the
residents, such as a central green, neighborhood squares or commons,
recreational playing fields, woodland walking trails, other kinds
of footpaths, a community park, or any combination of the above. In
addition, no more than 50% of the minimum required open space land
may be comprised of active recreation facilities such as playing fields,
golf courses, tennis courts, etc. Open space land shall not be used
for residential lots.
(4)
Minimum lot size: There is no minimum lot size. The applicant must demonstrate that sufficient supplies of potable groundwater are available, and that the lots meet all county and state standards for septic systems or have public sewer and water or an approved on-site wastewater treatment works and disposal facilities. The lots must also meet the design standards contained in § 253-109.
(5)
Minimum distance between houses: 20 feet.
(6)
Maximum height regulations: 35 feet.
G.
Dimensional, intensity and design standards for Village Mixed Use/Commercial
Areas in Type 4 Subdivisions:
[Added 3-13-2012 by Ord. No. O-3-12]
(1)
Use intensity standards.
(a)
New commercial buildings in the Mixed Use/Commercial Area and
their associated parking spaces shall not occupy more than 15% of
the net developable land area of the entire Village.
(b)
Village shop buildings and their parking areas should typically
be allowed to occupy up to 80% of their building sites, with relatively
little land between structures or between structures and the sidewalk.
Parking areas shall generally be located behind shops or to one side,
if adequately screened from the street, and shall be the primary focus
of landscaping and buffering efforts where they abut adjoining residential
lots.
(2)
Minimum Lot Size. The minimum lot size for nonresidential uses
in Village Mixed Use/Commercial Subdistrict shall be determined by
adding 20% to the land area needed for the structure, on-lot parking,
ingress/egress, and any on-site infrastructure that is required (e.g.,
septic disposal areas, stormwater management areas). The additional
20% shall constitute setbacks and landscaped buffers.
(3)
Minimum street frontage: 50 feet.
(5)
Maximum height regulations: 35 feet (75 feet for church steeples).
(6)
Additional design standards.
(a)
New buildings in this subdistrict shall be subject to a maximum
front setback in order to maintain a strong sense of streetscape.
Such buildings shall generally be of two-story construction, and shall
be designed in accordance with the design standards set forth below.
Maximum building height and coverage are controlled by other provisions
in this chapter governing maximum height and minimum parking standards.
(b)
Ground floor space shall generally be reserved for pedestrian-oriented
retailing and services, with offices and housing above.
(c)
Each Village/Mixed Use Commercial Area shall have a primary
common area or green of at least 10,000 square feet, which should
ideally be surrounded by two-story development that may include commercial,
residential, civic and institutional uses. This primary common area
shall border on the principal street running through the Mixed Use/Commercial
Area, or be located so as to constitute the terminal vista of that
street. This central green shall be located within 1,500 feet of 80%
of all dwelling units in the village. (Alternatively, two greens of
at least 6,000 square feet may be substituted for the central green.
In order to meet the distance/proximity standard, no green shall contain
more than ten-percent coverage by impervious surfaces.)
(7)
Parking.
(a)
Nonresidential off-street parking shall be to the side or rear,
or located within internal parking areas not visible from the street.
(b)
On-street parking spaces along the street frontage or a lot
(except where there are driveway curb cuts) shall be counted toward
the minimum number of parking spaces required for the use on that
lot.
(c)
On-street parking spaces shall be designed to be parallel to
the curb.
(d)
Off-street parking may be located within 600 feet (measured
along a publicly accessible route) from the lot containing the use
to which the parking is accessory. Said lot containing the parking
shall be owned or leased to the owner of the principal use, or the
lot containing the parking shall be dedicated to parking for as long
as the use to which it is accessory shall continue and it is owned
by an entity capable of assuring its maintenance as accessory parking.
A.
Residential lots shall not encroach into open space
land.
B.
All new dwellings shall meet the following setback
requirements:
(1)
From all external road ultimate right-of-way: 100
feet.
(2)
From all other tract boundaries: 50 feet.
(3)
From buildings or barnyards housing livestock
and active farmland which is assessed as farmland in accordance with
applicable Franklin Township ordinances.
(4)
From active recreation areas such as courts
or playing fields (not including tot-lots): 150 feet.
(5)
In major subdivisions, dwellings shall be accessed
from interior streets, rather than from roads bordering the tract.
C.
All residential subdivisions shall utilize a three-step
design process as follows:
(1)
Open Space Design: All potential conservation areas
are to be identified and include wetlands, floodplains, slopes over
15% and all natural features.
(2)
House site location: House sites should be located
not closer than 100 feet from a conservation area unless governed
by wetland setback standards provided by the NJDEP.
(3)
Street and lot layout: Proposed streets shall
be located in a way that avoids or at least minimizes adverse impacts
on conservation areas. Street connections should be utilized wherever
possible to minimize the number of new cul-de-sacs. Where possible,
home construction along one side of a roadway should be considered
to provide scenic views of the preserved open space.
Protected open space land shall meet the following
standards:
A.
Uses permitted on open space lands. The following
uses are permitted in open space land areas:
(1)
Conservation of open land in its natural state
(for example, woodland or managed meadow); provided, however, that
if open space land to be dedicated for open space purposes is wooded
at the time of said dedication, it shall remain wooded and shall only
be cleared at the discretion and with the approval of the Planning
or Zoning Board as appropriate or may include harvesting of trees
in accordance with an approved woodland management permit as set forth
herein.
(2)
Agricultural and horticultural uses, including
raising crops or livestock, wholesale nurseries, associated buildings,
excluding residences that are specifically needed to support an active,
viable agricultural or horticultural operation. Specifically excluded
are commercial livestock operations involving swine and slaughterhouses;
pastureland for horses used solely for recreational purposes. Equestrian
facilities shall be permitted.
(3)
Forestry, in keeping with established best management
practices for selective harvesting and sustained-yield forestry in
accordance with an approved woodland management plan.
(4)
Neighborhood open space uses such as village
greens, commons, picnic areas, community gardens, trails, and similar
low-impact passive recreational uses specifically excluding motorized
off-road vehicles, rifle ranges, and other uses similar in character
and with similar potential impact as determined by the Planning or
Zoning Board as appropriate.
(5)
Active noncommercial recreation areas, such
as playing fields, playgrounds, courts, and bikeways, provided such
areas do not consume more than half of the minimum required open space
land unless otherwise permitted by the Planning or Zoning Board as
appropriate. Playing fields, playgrounds, and courts shall not be
located within 100 feet of abutting properties unless permitted by
the Planning Board. Parking facilities for the same shall also be
permitted, and they shall generally be gravel-surfaced, minimally
lighted, properly drained and provide safe ingress and egress.
(6)
Golf courses, including their parking areas
and associated structures, may comprise up to half of the minimum
required open space land, but shall not include driving ranges or
miniature golf.
(7)
Water supply and sewage disposal systems, and
stormwater detention areas designed, landscaped, and available for
use as an integrated part of the open space.
(8)
Easements for drainage, access, sewer or waterlines,
or other public purposes.
(9)
Underground utility rights-of-way and aboveground
utility easements. Street rights-of-way may traverse conservation
areas but shall not count toward the minimum required open space land.
(10)
Woodland preserve, game preserve, wildlife sanctuary,
wildlife management or other similar conservation use including hunting,
trapping and fishing in accordance with applicable state regulations.
B.
Open space design standards.
(1)
Where the proposed development adjoins public parkland,
a natural open space buffer at least 150 feet deep shall be provided
within the development along its common boundary with the parkland,
within which no new structures shall be constructed, nor shall any
clearing of trees or understory growth be permitted (except as may
be necessary for street or trail construction). Where this buffer
is unwooded, the Board may require vegetative screening to be planted,
or that it be managed to encourage native forest succession.
C.
Other requirements.
(1)
No portion of any building lot may be used for
meeting the minimum required open space land. However, active agricultural
land with farm buildings, excluding areas used for residences, may
be used to meet the minimum required open space land.
(2)
Pedestrian and maintenance access, excluding
those lands used for agricultural or horticultural purposes, shall
be provided to publicly held open space land in accordance with the
following requirements:
(a)
Each neighborhood shall provide one centrally
located access point in accordance with RSIS standards.
(b)
Access to open space land used for agriculture
may be appropriately restricted for public safety and to prevent interference
with agricultural operations.
(c)
Public access to privately held open space lands
may be denied or restricted.
(3)
All open space land areas that are not wooded
or farmed shall be landscaped.
The required open space land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities pursuant to § 253-109 of this article. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, or spray irrigation facilities.) The determination of necessity shall lie with the Planning or Zoning Board as appropriate. A list of permitted and conditional uses of open space lands is contained in this article in § 253-109.
A.
Development restrictions. All open space land shall be permanently restricted from future subdivision or development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 253-109A.
B.
Ownership options. The following methods may be used,
either individually or in combination, to own common facilities. Common
facilities shall not be transferred to another entity except for transfer
to another method of ownership permitted under this section, and then
only when there is no change in the common facilities or in the open
space ratio of the overall development. Ownership methods shall conform
to the following:
(2)
Condominium association. Common facilities may
be controlled through the use of condominium agreements. Such agreements
shall be in accordance with relevant state law. All open land and
common facilities shall be held as "common element."
(3)
Homeowners' association. Common facilities may
be held in common ownership by a homeowners' association (hereinafter
"association"), subject to all of the provisions for homeowners' associations
set forth in state regulations and statutes. In addition, the following
regulations shall be met unless the development is exempt from regulations
within the Planned Real Estate Development section of the Department
of Community Affairs:
(a)
The applicant shall provide the municipality
a description of the organization of the proposed association, including
copies of its bylaws, its certificate of formation or incorporation
as appropriate and all documents governing ownership, maintenance,
and use restrictions for common facilities which shall be reviewed
and approved by the Township Solicitor as a condition precedent to
plat signing;
(b)
The proposed association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
(c)
Membership in the association shall be automatic
(mandatory) for all purchasers of dwelling units in the development
therein and their successors in title and shall be disclosed to the
purchaser by point of sale disclosures prior to or at the time of
the purchaser executing a contract for purchase;
(d)
The association shall be responsible for maintenance
and insurance of common facilities;
(e)
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent is his dues. Such dues shall be paid with the accrued
interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of ownership
of common facilities by the association or the assumption of maintenance
for common facilities by other than the association must be given
to all members of the association and to the municipality no less
than 30 days prior to such event; and
(g)
The Township shall have a properly recorded
easement with legal descriptions satisfactory to the Township Engineer
permitting but not requiring the Township to enter upon and maintain
any common areas owned by the association and to lien the association
and the individual homeowners for costs of any repairs or maintenance
to said common areas as the Township may see fit from time to time
which may be enforced in the nature of a tax lien.
(4)
Private conservation organization. With permission
of the municipality, an owner may transfer either fee simple title
of the open space or easements on the open space to a private nonprofit
conservation organization provided that:
(a)
The conservation organization is acceptable
to the municipality and is a bona fide conservation organization intended
to exist in perpetuity;
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
(c)
The open space land is permanently restricted
from future development through a conservation easement and the municipality
is given the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the municipality
is established between the owner and the organization.
(5)
Dedication of easements to the municipality.
The municipality may, but shall not be required to, accept easements
for public use of any portion of the common land or facilities. In
such cases, the facility remains in the ownership of the condominium
association, or private conservation organization, while the easements
are held by the municipality. In addition, the following regulations
shall apply:
(6)
Noncommon private ownership. The required open
space land may be included within one or more large "conservancy lots"
of at least 10 acres provided the open space is permanently restricted
from future development through a conservation easement, and that
the municipality is given the ability to enforce these restrictions.
C.
Maintenance.
(1)
The cost and responsibility of maintaining common
facilities and open space land shall be borne by the property owner,
condominium association, homeowners' association, or conservation
organization.
(2)
The applicant shall, at the time of preliminary
plan submission, provide a plan for maintenance of open space lands
and operation of common facilities in accordance with the following
requirements.
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and
periodic operation and maintenance responsibilities for the various
kinds of open space (i.e., lawns, playing fields, meadow, pasture,
cropland, woodlands, etc.);
(c)
The plan shall estimate staffing needs, insurance
requirements, and associated costs, and define the means for funding
the maintenance of the open space land and operation of any common
facilities on an ongoing basis. Such funding plan shall include the
means for funding long-term capital improvements as well as regular
yearly operating and maintenance costs;
(d)
Any changes to the maintenance plan shall be
approved by the Board.
(3)
In the event that the organization established
to maintain the open space lands and the common facilities, or any
successor organization thereto, fails to maintain all or any portion
thereof in reasonable order and condition, the Township may assume
responsibility for maintenance, in which the Township may enter the
premises and take corrective action, including extended maintenance.
The costs of such corrective action shall be charged to the property
owner, condominium association, homeowners' association, conservation
organization, or individual property owners who make up a condominium
or homeowners' association and may include administrative costs and
penalties. Such costs shall become a lien on said properties.
If the provision of any section, subsection,
paragraph, sentence, clause or phrase of this article shall be ruled
to be invalid or unenforceable by a court of competent jurisdiction,
or by proper application of any statute, rule or regulation of any
governmental agency having authority therein, then such invalidity
or unenforceability shall neither affect or invalidate the remaining
portions of any section, subsection, paragraph, sentence, clause or
phrase and further, to the extent that any section, subsection, paragraph,
sentence, clause or phrase shall be so deemed to be invalid or unenforceable,
then the same be and is hereby deemed to be severed from the remainder
of this article.
