Article VIII Design Requirements and Standards for Subdivisions and Site Plans

Assess site characteristics, such as general site context and surrounding land uses; geology and soil; topography; climate; ecology; existing vegetation, structures, and road networks; visual features; and past and present use of the site.

Subdivision and site design.

Base the design of the development on the site analysis. Locate development to the maximum extent practical to preserve the natural features of the site, to preserve areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features and to create an appropriate design relationship to surrounding uses.

Design and arrange streets, lots, parking areas, buildings, and units to reduce unnecessary impervious cover, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage, and utilities on neighboring properties.

Consider all existing local and regional plans for the surrounding community.

Design storm drainage facilities as an integral part of the development, and arrange the design to use as much of the natural drainage as possible.

Design lots and sites to reduce cut and fill, and to avoid flooding and adversely affecting groundwater and aquifer recharge; and provide for sewage disposal and adequate access.

Residential development design.

Residential developments may be arranged as permitted by the zone district regulations. Consider topography, privacy, building heights, orientation, drainage, and aesthetics in placement of units. Provide units with private outdoor space where appropriate and practical.

Space buildings so that adequate privacy is provided for units.

Nonresidential development design.

Design commercial and industrial developments according to the same principles governing design of residential developments; locate buildings based on topography; avoid to the maximum extent practical environmentally sensitive areas; consider factors such as drainage, noise, odor and surrounding land uses in citing buildings; buffer where adverse impacts exist.

Circulation system design.

Design the street system to permit the safe, efficient, and orderly movement of traffic.

In addition, design the street system to meet the following objectives: to meet but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.

Design streets in a hierarchical system (see Article IX).

Locate pedestrian walkways parallel to the street, but permit exceptions to preserve topographical or natural features, or to provide visual interest or for ease of circulation.

Where separate bicycle paths are required by the Master Plan, design those for commuters so that they are reasonably direct. Design recreational paths to follow scenic routes, with points of interest highlighted.

Within commercial areas, cross connections and cross easements among properties should be provided to allow for ease of vehicular and pedestrian access.

Landscape design.

Provide landscaping in public areas, on recreation sites, and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets, and parking.

Select the plant or other landscaping material that will best serve the intended function, and use landscaping materials appropriate for local soil conditions, water availability, and environment.

Vary the type and amount of landscaping with type of development, and accent site entrance with special landscaping treatment.

Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets.

Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block out building windows.

Architectural and building design. Building layout and architectural treatment shall promote an attractive visual environment and a convenient relationship of buildings to their surrounding circulation systems and open space. Innovative and imaginative design which results in an artful treatment of building surfaces is encouraged. In evaluating the suitability of design, the reviewing agency shall consider the following:

Buildings and their environs should be designed to be attractive from all vantage points, including fences, storage areas, and rear entrances and elevations. All groups of related buildings shall be designed to harmonize architectural treatment and exterior materials.

Accessory structures should be architecturally coordinated with the principal structure.

All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like, should be screened from the public view, both within and from outside of the development, by a fence, wall or mature landscape materials, compatible with the exterior design of the building.

Colors, materials and finishes should be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections, such as gutters, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, overhead doors, shall be painted or installed with an anodized or acrylic finish in a color to match adjacent surfaces.

All openings in the wall of a structure such as windows and doors should relate to each other on each elevation vertically and horizontally in an artful arrangement.

Roof planes or caps meeting the exterior facade should have overhangs or appropriate cornice and trim details.

(7)

Major entrances to buildings should be emphasized with appropriate architectural elements or details.

(8)

The fenestration and detailing of building facades should be arranged to promote a harmonious pattern of light and shade on the building face and provide a visually appealing surface.

(9)

Visual harmony should be created between new and older buildings.

(10)

Desirable features of a site should be considered and strengthened by, for example, framing or maintaining views or continuing particular design features or statements.

(11)

Building layout, access and parking areas should be arranged to relate to existing topography so as to minimize regrading and soil import or export.

(12)

Buildings should be designed to avoid long unbroken lines and monotony of expression. Building details, forms and setbacks should be used to provide visual interest.

(13)

Buildings should be spaced to permit sufficient light and privacy.

(14)

Signage shall be coordinated with architectural design.

Soft, retractable, flameproof awnings are permitted over the first floor and above upper-floor windows. They shall not project more than six feet from the building front, and they shall not be lower than seven feet above grade. Rigid or fixed awnings are not permitted unless original or an integral part of the structure and compatible and harmonious with the scale and character of the structure and adjacent structures. Awnings shall not protrude into the Borough right-of-way.

No lettering or images are permitted on the angled face of an awning. Lettering or images no higher than four inches may be placed on the awning valance and shall not exceed 50% of the area of the awning valance. Awning signs should not be used on the second story. Second-story businesses may use window signs confined to the lower portion of a second-story window.

(15)

In shopping centers or buildings containing multiple storefronts, each storefront should maintain a coordinated design with respect to an overall plan for colors, doors, windows, signage, and trim details.

(16)

Repetition of plant varieties, materials, screens, and sight breaks may be used to achieve compatibility between adjacent buildings of different architectural styles.

(17)

Roof shapes shall be coordinated to present a harmonious appearance.

(18)

Finish materials used shall be suitable to the use and design of the building.

(19)

Facade renovations shall preserve and protect desirable architectural details. All additions, alterations and accessory buildings shall be compatible with the principal building in design and materials.

(20)

The use of unusual slopes, color and other characteristics which cause a new building to call excessive attention to itself and create a jarring disharmony with its surroundings should be avoided or reserved for structures of broad public significance.

(21)

Exposed basement or nondecorative block walls are unacceptable as facade or building treatments. Exposed basement walls shall be painted to relate to the building design.

(22)

Multifamily and attached residential design requirements. Unless a different requirement is provided within the zone district, multifamily and attached residential development should adhere to the following:

Consideration shall be given to topographical conditions, privacy, building height, orientation, drainage, aesthetics in the placement of units, and the relationship to open space and circulation systems.

Residential units should front on lower-order streets.

Residential developments should create the appearance of individuality among housing units; however, units should be developed in harmony with each other and with existing and surrounding uses.

Convenient access to outdoor space and parking from all residential units should be provided.

A safe, well-lighted residential environment, free from through traffic, should be provided.

Site design should permit a minimum amount of noise intrusion into the area.

(g)

Private and common open space should be clearly delineated. Recreation facilities should be designed and sited for the convenience of the users.

(h)

Unless provided otherwise by the zone district, the spacing of multifamily or attached residential buildings shall adhere to the following minimums:

[1]

Windowless wall to windowless wall: 20 feet.

[2]

Windowed wall to windowless wall: 30 feet.

[3]

Windowed wall to windowed wall:

[a]

Front to front: 75 feet.

[b]

Rear to rear: 50 feet.

[c]

End to end: 30 feet.

[4]

Any building face to right-of-way: 25 feet.

[5]

Any building face to residential access street curb: 30 feet.

[6]

Any building face to subcollector street curb: 35 feet.

[7]

Any building face to collector street curb: 40 feet.

[8]

Any building face to common parking area: 12 feet.

Landmark design.

The design of development proposed on any landmark site or on property abutting a landmark site or within a landmark district designated in the Atlantic Highlands Master Plan shall be arranged to conserve, where practical, the landmark and provide visually compatible building and site design. The Planning Board shall review the compatibility of the following when evaluating development proposals that impact landmarks:

Building height.

Bulk and scale.

Placement, proportions, and design of windows, doors and roof.

Materials and textures.

Color.

Signs.

(g)

Fences, wall and other accessory structures.

(h)

Porches.

(i)

Railings.

(j)

Parking layout and loading/facilities.

(k)

Landscaping.

(l)

Lighting standards and fixtures.

Benches.

Sidewalk paving.

Trash receptacles.

Any other exterior elements impacting the landmark.

Where rehabilitation, renovation, alterations or adaptive reuse of an historic building is proposed, the Planning Board may apply the guidelines developed by the U.S. Department of the Interior and published as the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The Planning Board may utilize experts in the field of landmark preservation to advise it on development proposals impacting upon a landmark.

The Planning Board shall consider the following characteristics of a landmark prior to approving a development plan which results in the demolition of an historic building:

Its historic, architectural, cultural or scenic significance.

If it is within a landmark district, its significance to the district as a key, contributing or noncontributing resource and the probable impact of its removal on the district.

Its potential for use for those purposes currently permitted by this chapter.

Its structural condition and the economic feasibility of alternatives to the proposal.

Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.

The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.

(g)

The extent to which its retention would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans; attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Atlantic Highlands; stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live.

(h)

Such other matters as may appropriately affect the decision considering the specific characteristics of the property in question.

(i)

The ownership, use and applicant's reason(s) for requesting demolition.

(j)

Any other applicable standards of review or guidelines adopted by the Secretary of the U.S. Department of the Interior.

The Planning Board shall consider the following prior to approving a development plan which results in relocation of an historic building:

The historic loss to the site of original location and the historic district as a whole.

The compelling reasons for not retaining the landmark or structure at its present site.

The compatibility, nature, and character of the current and the proposed surrounding areas as they relate to the protection of interest and values referred to in this section.

The probability of significant damage to the landmark or structure itself.

If it is to be moved from the Borough, the proximity of the proposed new location to the Borough, including the accessibility to the residents of the municipality and other citizens.

§ 150-84 General site design standards.

If the proposed new location is within a district, visual compatibility factors as set forth in this section.

Open space, historic structures. In subdivision and site design, the following areas shall be preserved as undeveloped open space or, in the case of historic structures, maintained within the development:

Wetlands as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972, and delineated on wetlands maps prepared by the U.S. Fish and Wildlife Service, and/or N.J.A.C. 7:7A, the New Jersey Freshwater Protection Act rules, field-verified by an on-site inspection;

Significant trees [defined as the largest known individual trees of each species in New Jersey as listed by the New Jersey Department of Environmental Protection (NJDEP) Bureau of Forestry; large trees approaching the diameter of the known largest tree; and/or species that are rare to that area or of particular horticultural or landscape value];

Lands in the flood way or identified as V and A Zones on the Advisory Base Flood Elevation Map;

[Amended 4-24-2013 by Ord. No. 07-2013]

Steep slopes in excess of 15% as measured over a ten-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken subject to the provisions of § 150-78 of this chapter.

Habitats of endangered wildlife as identified on federal or state lists; and

Landmark structures and sites as listed on the federal or New Jersey list of historic places or the Atlantic Highlands Master Plan.

Residential lots shall front on local streets.

Lot access. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property for its intended use.

The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.

To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

Every lot shall be suitable for its intended use and shall contain a developable area which shall not be less than 80% of the minimum required lot area of the applicable zone district or 5,000 square feet, whichever is greater. The developable lot area shall be calculated by subtracting from the total lot area those portions of the lot which contain wetlands, wetlands buffers, drainage easements, conservation easements, and utility easements.

§ 150-85 Landscaping design standards.

Purpose.

Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.

Landscape plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to Article III of these regulations. For minor subdivision or site plan applications, the landscape plan need not be prepared by a certified landscape architect. The plan shall identify existing wooded areas and existing trees six inches or greater caliper, and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

Site protection and general planting requirements.

Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces. At least three inches of even cover shall be provided to all disturbed areas of the development and shall be stabilized by seeding or planting. If excess topsoil remains, the thickness shall be increased. If additional is required, the developer shall provide it. Removal of excess topsoil shall only be permitted in accordance with a plan approved by the Planning Board.

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on site as long as the conditions set forth in N.J.A.C.7:26-1.7 are met.

Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). The Planning Board may require submittal of a plan for the conservation of existing trees and shrubs. Such plans shall indicate which trees and shrubs are to be cleared and which shall be retained. All dogwood (Cornus florida) and American holly (Ilex opaca), having a trunk of one inch or greater at breast height, and all native laurel shrubs (Kalmia latifolia) shall be retained. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

On major applications, a tree save plan shall be submitted for approval by the Planning Board. The plan shall include all trees and shrubs which are to be retained and any trees of six-inch caliper or greater which are to be removed. Protective devices for trees to remain shall be shown on the plans.

Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Additional landscaping.

In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy, or for aesthetic reasons in accordance with a planting plan approved by the Planning Board. In nonresidential developments, all areas of the site not occupied by building and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved by the Planning Board.

At a minimum, the equivalent of at least two shrubs and one shade or ornamental tree of two-and-one-half-inch caliper or greater shall be provided for each 1,500 square feet of area of a residential development not covered by buildings or improvements and for each 1,000 square feet of nonresidential development. Existing healthy specimen trees may be included in satisfying these requirements. These plantings shall be in addition to any other landscaping requirements including landscaping of off-street parking areas and buffer areas.

(7)

Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.

(8)

Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

Street trees.

Location.

Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.

	Tree Size (feet)	Planting Interval (feet)
	Large trees (40+)	50
	Medium-sized trees (30 to 40)	40
	Small trees (to 30)	30

If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or streetlights. Tree location, landscaping design, and spacing plan shall be approved by the Planning Board as part of the landscape plan.

Tree type. Tree type may vary depending on overall effect desired, but, as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.

Planting specifications. All trees shall have a caliper of 2 1/2 inches and they shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

Buffering and screening.

Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives.

When required. All uses, other than single-family detached and two-family detached dwellings and their accessory uses, shall provide buffers along side and rear property lines which abut areas zoned residentially or used for residential purposes. Buffering shall also be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In dense developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences, or walls to ensure privacy and screen dwelling units. Where required, buffers shall be measured from property lines.

Buffer strips shall be 25 feet wide but need not exceed 10% of the lot area. Where a twenty-five-foot wide buffer is infeasible because of established development patterns, the board may consider alternative designs that would create an effective buffer.

In addition to any required buffer, parking areas, garbage collection, utility areas and loading and unloading areas should be screened around their perimeter by a strip a minimum five feet wide. This screening strip may be omitted when areas cited are adjacent to a twenty-five-foot-wide buffer.

It is preferred that residential lots abut and have access from local streets. When they must abut higher-order streets, a landscaped buffer area shall be provided along the property line abutting the road. The buffer shall have a minimum width equal to the required front yard setback of the lot. The portion of the lot within the buffer strip shall not be included in determining minimum lot area. Yard setbacks shall be measured from the buffer strip limit.

Design. Arrangement of planting in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet high, occupying 50% of the width of the buffer strip, shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

Parking lot landscaping.

Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each five spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. All landscaping in parking areas and on the street parking lot is exclusive of other planting requirements, such as for street trees.

Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

Paving materials and walls and fences.

Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability with surroundings, decorative quality, and aesthetic appeal. Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.

Walls and fences shall be erected where required for privacy, screening, separation, security, or to serve other necessary functions.

Design and materials shall be functional, they shall complement the character of the site and type of building, and they shall be suited to the nature of the project.

No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

Street furniture.

Street furniture such as, but not limited to, trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional needs.

Street furniture elements shall be compatible in form, material, and finish. Style shall be coordinated with that of the existing or proposed site architecture.

§ 150-86 Recycling and solid waste design standards.

Selection of street furniture shall consider durability, maintenance, and long-term cost.

In order to ensure that future development is designed to accommodate the recycling of solid waste, site plan, subdivision applications shall adhere to the following:

Materials designated in Borough of Atlantic Highlands Chapter 300, Solid Waste, Article V, Recycling, shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:

For major applications, each single- or two-family unit shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including, but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

For major applications, each multifamily unit shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including, but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must also be provided at convenient locations within the development.

§ 150-87 Open space and recreation design standards.

Each application for a nonresidential use which utilizes 1,000 square feet or more of land shall provide the Planning Board with estimates of the quantity of mandated recyclable materials (including, but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one-week to four-week's accumulation of recyclable material. The Planning Board may require the location of one or more common storage areas at convenient locations within the development.

Common storage or holding areas shall be designed to accommodate truck access and shall be suitably screened as required by § 150-85E(2). It is preferred that solid waste collection areas be adjacent to but separate from recyclable storage areas.

The applicant shall submit sufficient details of the solid waste and recyclables to be generated by any application to allow the Planning Board to reach an affirmative conclusion that proposed provisions are sufficient.

The Planning Board, in the interpretation/enforcement of this section, may seek and rely upon the opinions of the Director of Public Works and/or the Municipal Recycling Coordinator.

Multidevelopment shall be required to provide open space.

Minimum requirements.

Amount of open space required. At least 30% of the developable acreage of a tract proposed for development shall be set aside as common open space.

Size of open space parcels. The area of each parcel of open space designed for recreational purposes shall be of such minimum dimensions as to be functionally usable.

Location of open space parcels. Open space parcels should be convenient to the dwelling units they are intended to serve.

Recreation improvements.

Passive recreation areas, such as pathways, seating areas and lawns, shall be provided and suitably arranged in a multifamily site.

Recreation areas shall be provided at the rate of at least 250 square feet per dwelling unit. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to 15 square feet per unit, except no pool less than 500 square feet will be allowed, and no pool greater than 3,000 square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools.

Deed restrictions. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board that ensure that:

The open space area will not be further subdivided in the future.

The use of the open space will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

Open space ownership. The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider, subject to the approval of the Planning Board. Type of ownership may include, but is not necessarily limited to, the following:

The municipality, subject to acceptance by the governing body.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowner, condominium, or cooperative associations or organizations.

Shared, undivided interest by all property owners in the subdivision.

Homeowners' association. If the open space is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

The homeowners' association must be established before the homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

Homeowners must pay their pro rata share of the costs; the assessment levied by the association shall become a lien on the property and be so stated in the master deed establishing the homeowners' association.

The association must be able to adjust the assessment to meet changed needs.

Maintenance of open space areas.

In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.