[Amended 5-18-1982 by Ord. No. 82-2]
A. Land requirements. Areas set aside for recreational
or school purposes shall be reasonably compact parcels, placed to
serve all parts of the subdivision, with not less than 100 feet of
frontage on a public street and not excessively irregular in terrain.
B. Landmarks. Wherever possible, developers shall preserve
trees more than six inches in diameter at the base of the trunk, groves,
waterways, scenic points, historic spots and other community assets
and landmarks.
C. Recreation and open space.
(1) In order to provide for the safety and general welfare
of the public, all subdivisions which will result in five or more
dwelling units shall set aside no less than 10% of the total area
of the subdivision for off-street recreation and/or play area, and
said area shall not include easement or right-of-way areas. The location,
form and design of such areas shall be approved by the approving authority.
The area specifically designated for recreational purposes shall be
fully usable for that purpose and shall have all improvements as required
by this chapter. Wherever possible, recreation sites should be located
adjacent to school sites. In the case of large subdivisions, consideration
should be given to decentralizing several smaller recreational areas
throughout the development. The method of preserving such areas for
recreation open space, whether by easement, deed restriction, dedication,
homeowners'-association type or other means, shall be approved by
the approving authority.
(2) In the selection of the location of such open spaces,
consideration shall be given to the preservation of natural features.
(3) In special circumstances where the subdivision will
result in not less than five nor more than 10 dwelling units and where,
due to the size, location and design requirements of the subdivision,
it is not feasible, in the opinion of the approving authority, to
set aside such area or areas for open space, the applicant shall make
a payment in lieu of the provision of such open space land to the
Borough. Such payments shall be placed in a special recreational open
space land fund to be utilized solely for the purchase of public recreational
open space. The amount of the payment shall be equal to the value
of land which would otherwise have been provided within the subdivision
itself in compliance with the regulations of this chapter.
(4) The developer shall install as a minimum the following
recreational facilities on the land which has been set aside for recreational
purposes:
|
Dwellings
|
Tot-Lots
|
Tennis Courts
|
Basketball Courts
|
Multi-
purpose Field
|
---|
|
1 to 4
|
1
|
|
|
|
|
5 to 25
|
1
|
|
|
|
|
26 to 50
|
1
|
|
1
|
|
|
51 to 100
|
1
|
|
1
|
|
|
101 to 150
|
1
|
1
|
1
|
|
|
151 to 200
|
2
|
1
|
2
|
|
|
201 to 250
|
2
|
1
|
2
|
1
|
|
251 to 300
|
3
|
1
|
2
|
1
|
|
301 to 350
|
3
|
2
|
3
|
1
|
|
351 to 400
|
4
|
2
|
3
|
2
|
|
401 to 450
|
4
|
2
|
3
|
2
|
|
451 to 500
|
5(a)
|
2(b)
|
3(c)
|
2(d)
|
|
NOTES:
|
---|
|
(a)
|
Plus one for every 100 units or fraction thereof
over 500
|
|
(b)
|
Plus one for every 200 units or fraction thereof
over 500
|
|
(c)
|
Plus one for every 125 units or fraction thereof
over 500
|
|
(d)
|
Plus one for every 200 units or fraction thereof
over 500
|
[Added 9-20-1977 by Ord. No. 77-8]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
APPROVING AUTHORITY
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
B. The approving authority shall require, as a condition
of final subdivision or site plan approval, that the developer pay
his pro rata share of the cost of providing only reasonable and necessary
street improvements and water, sewerage and drainage facilities, and
easements therefor, located outside the property limits of the development
but necessitated or required by construction or improvements within
such development. Such contribution for a developer's pro rata share
shall only be required where the off-tract improvements are to be
constructed pursuant to provisions of the circulation and comprehensive
utility service plans included in the Borough's Master Plan. The developer
shall either install the improvements or contribute his pro rata share
of the costs, at the option of the developer. If the developer installs
the improvements, he shall be compensated for all but his pro rata
share of the cost of said improvements.
C. The developer shall pay the full cost of all off-tract
improvements required by the approving authority if such off-tract
improvements are wholly necessitated by the proposed development and
said improvements do not benefit any land other than the land within
the subdivision or site plan.
D. The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsections
F and
G hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision or site plan.
E. In the event that the approving authority shall determine
that off-tract improvements are required in connection with any subdivision
or site plan, then prior to granting final approval:
(1) The approving authority shall report to the Borough
Council:
(a)
The location, character and extent of the required
off-tract improvements.
(b)
The Borough Engineer's estimate of the total
cost of such off-tract improvements.
(c)
The proposed allocation of said total cost determined in accordance with the standards set forth in Subsections
F and
G below.
(2) The Borough Council shall determine and report to
the approving authority whether and by what date the off-tract improvements
will be constructed by the Borough as a general improvement or as
a local improvement, or as a combination thereof; or whether the developer,
at his option, may construct the required off-tract improvements and
be reimbursed pursuant to a formula specified by the Borough Council
if the improvement specifically benefits property other than that
within the subdivision or site plan.
(3) The approving authority shall require, as a condition
of final approval of the subdivision plat or site plan, that:
(a)
If the improvement is to be constructed by the
Borough as a general improvement, the developer shall deposit with
the Borough Treasurer an amount equal to the difference, if any, between
the estimated cost of the improvement and the estimated total amount
by which all properties, including the subdivision or site plan to
be serviced by the improvement, will be specially benefited by the
improvement; or
(b)
If the improvement is to be constructed by the Borough as a local improvement, the developer shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection
E(3)(a) above, the estimated amount by which the subdivision or site plan will be specially benefited by the improvement.
F. In determining the allocation of costs for off-tract
improvements as between the developer, other property owners and the
Borough, the approving authority shall be guided by the following
factors:
(1) The total estimated cost of off-tract improvements.
(2) The increase in market values of the properties affected
and any other benefits conferred.
(3) The needs created by the application.
(4) Population and land use projections for the land within
the general area of the subdivision or site plan and other areas to
be served by the off-tract improvements.
(5) The estimated time for construction of the off-tract
improvements.
(6) The condition and periods of usefulness of the improvements
which may be based upon the criteria of N.J.S.A. 40A:2-22.
G. Without limiting the generality of the foregoing,
the approving authority may take into account the following specific
factors:
(1) With respect to street, curb, gutter, sidewalk, streetlight,
street sign and traffic light improvements, the approving authority
may consider:
(b)
Existing and projected traffic patterns.
(c)
Quality of roads and sidewalks in the area.
(d)
Such other factors as it may deem relevant to
the needs created by the proposed development.
(2) With respect to drainage facilities, the approving
authority may consider:
(a)
The relationship between the areas of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
(b)
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
(c)
The use, condition or status of the remaining
land area in the drainage basin.
(3) With respect to water, gas and electric supply and
distribution facilities, the approving authority may consider the
use requirements of the use proposed for the subdivision or site plan
and the use requirements of all other properties to be benefited by
the improvements.
(4) With respect to sewerage facilities, the approving
authority may consider:
(a)
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvements.
(b)
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
H. Any money received by the Borough Treasurer for off-tract
improvements to be constructed or installed by the Borough pursuant
to the provisions of this section shall be deposited in a suitable
depository therefor and shall be used only for the improvements for
which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited, together with any interest thereon, shall be returned
to the developer or his successor in interest.
I. Upon completion of any improvement constructed by
the Borough as a general or local improvement, the total cost of such
improvement shall be determined by the ordinance providing for such
improvements. The difference between the actual cost as so determined
and the estimated cost shall be computed. The developer or his successor
in interest shall make remittance to the Borough if the actual cost
exceeds the estimated cost, or shall receive a refund from the funds
deposited with the Borough if the estimated cost exceeds the actual
cost, in an amount which bears the same relationship to the difference
between the actual and estimated costs as the amount deposited by
the developer for his proportionate share of the estimated cost bears
to the total estimated cost. Any sum payable by the developer or his
successor in interest may be levied and collected by the Borough in
the same manner as is provided by law for the levy and collection
of real estate taxes.
J. In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections
H and
I of this section are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.
[Added 10-18-1977 by Ord. No. 77-13]
No person or developer in conjunction with the
construction or improvement of a real estate development shall excavate
or otherwise move or remove soil or earth for the purposes of creating
a retention or detention pond, whether temporary or permanent, except
by special permit to be issued jointly by the Planning Board and the
Borough Engineer.