[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 6-6-2005 by Ord. No. 9-2005 (Ch. 75 of the 1993 Code). Amendments noted where applicable.]
It is the purpose and intent of this chapter that all subdivisions of land and other forms of development that include residential uses within the Township of Buena Vista provide a portion of the land area as hereafter specified for open space and recreational uses; whereas, it is hereby resolved that said open space and recreation, which may include both active and passive facilities, are of equal importance and both serve to advance and promote the public health, safety, morals and general welfare.
The area reserved for open space and recreation in meeting the purpose of this chapter shall only be used for open space and recreation and shall not include rights-of-way, easements, stormwater management facilities, and other areas that may be deemed inappropriate to satisfy this requirement of the chapter by the Planning Board due to constraints on the area designated for open space and recreation which would prevent the use of the area by the majority of the public. Therefore, said open space and recreation shall also be accessible to the majority of the public. Therefore, said open space and recreation area shall also be accessible to the majority of residents and centrally located within the proposed development unless it can be demonstrated that another location is more suitable in satisfying the chapter requirements. Also, in selection and development of the area reserved for open space and recreation, full consideration shall be given to the preservation of natural features.
The method utilized to preserve the open space and recreation shall be by easement, deed restriction, dedication to the Township of Buena Vista, or other means as agreed upon by the Planning Board.
[Amended 4-9-2007 by Ord. No. 7-2007]
This section is designed to provide standards for contributions in lieu of providing active recreation where the Planning Board, in its discretion, determines that the public interest is best served by waiving all or part of the active recreation facilities required in § 189-5 of this chapter.
Applicants for subdivisions pursuant to § 115-115, Cultural housing, of the Buena Vista Township Code can make contributions in lieu of active recreational facilities at $1,000 per duly created lot prior to the signing of the deed or final plot plan by any Planning Board representative.
Applicants for subdivisions and/or developments that create minor subdivisions as defined under the Buena Vista Township Code shall be required to pay $1,500 per duly created lot prior to the signing of the deed or final plot plan by any Planning Board representative.
Applicants for major subdivisions of land as defined by the Buena Vista Township Code shall be required to pay $2,500 per duly created lot prior to the signing of the deed or final plot plan by any Planning Board representative or providing the active recreational facilities as set forth in § 189-8.
Subdivisions and residential developments that do not meet the requirements for a minor subdivision/development shall be required to provide the following facilities depending on the number of lots/dwelling units, as follows:
For subdivisions and residential developments in excess of 250 lots/dwelling units, one additional tot-lot and one additional multipurpose field shall be added for each increment of 50 additional lots, and one additional hard court shall be added for each increment of 75 additional lots/dwelling units in excess of 250 lots/dwelling units.
The land area to be reserved for recreation shall be sufficient in size and character, inclusive of adequate frontage, upland, and meeting the conditions of the general requirement in § 195-2 in order to contain the required improvements as well as provide sufficient area for access, pedestrian circulation and open space between and among facilities, and maintenance of facilities and ground as determined by the Planning Board. The land area to be considered in providing the required recreation facilities shall be at least 5,000 square feet and shall provide at least 50 feet of frontage on an improved street meeting the minimum requirements for a street within the Town of Buena Vista.
The requirements listed in Subsection A are minimum requirements and do not preclude an applicant from providing such additional recreation facilities and open spaces as voluntarily deemed appropriate and accepted by the Planning Board.
Subdivisions/residential developments that require more than one tot-lot as referenced in Subsection A may elect to provide additional recreational facilities at one tot-lot location as agreed upon by the approving authority. For example, the required jungle gym, swingsets and benches within a tot-lot may be expanded by providing at one location additional accessories to the jungle gym, two swingsets or one swingset and one merry-go-round, and several benches.
Subdivision/residential developments that require more than one hard court as listed in Subsection A shall incorporate a variety of recreational facilities in order to balance the recreational needs of the community. For example, a development requiring two hard courts may elect to establish one basketball court and one tennis court. However, two basketball courts shall be prohibited unless the applicant can demonstrate a specific need to the satisfaction of the Planning Board.
As used in this chapter, the following terms shall have the meanings indicated:
- IMPROVED AREA
- The actual area of the applicable tot-lot multipurpose field or hard court and shall contain sufficient landscaping, benches, bicycle racks and similar accessory structures as determined by the Planning Board.
- An area providing such recreational facilities specifically for young children, at least 2,500 square feet of improved area, and shall include the minimum requirements as follows:
- A. One jungle gym, which shall incorporate at least two slides, one climber, one horizontal ladder and associated steps and decks.
- B. One swingset, which shall incorporate at least four swings, one of which must contain a tot safety seat.
- C. Hockey court: regulation size and contain two regulation nets at each end of the court, and the courts shall be at least two inches FABC-1 with appropriate linestriping over a suitable base as determined by the Township Engineer.
The applicant shall provide for the long-term maintenance of the facilities required by this chapter in a manner that is consistent with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Dedication to the Township of Buena Vista, a nonprofit organization established to meet the recreational needs of the Town's residents, or a homeowners' association shall be accepted by the Planning Board as meeting this requirement.
The improvements required under this chapter shall be completed in accordance with other improvements covered under the required performance guaranty.
The applicant may propose to substitute the provision of open space and recreation by providing a payment in lieu of satisfying these requirements to a reserve for open space and recreation improvements maintained by the Township of Buena Vista specifically for the purpose of purchasing, leasing, acquiring and/or maintaining open space and recreation lands and improvements for the use of the residents of the Town. Payment of the contribution shall be made at the time of final approval and prior to signature of the final plan by the Chairperson and Secretary of the Planning Board. Any proposal to substitute a payment in lieu of satisfying these requirements shall be at the discretion of the Planning Board.
The Town Engineer shall prepare an estimate of the costs of facilities required for the respective development under this chapter, inclusive of construction costs and the value of land, and forward a copy of the estimates to the Planning Board. Also, the Town Engineer shall update the estimate as may be required, considering construction costs and land values may change over time.
In determining the acceptance of the proposed contribution or payment in lieu, the Planning Board shall review the Town Engineer's estimate and shall consider the availability of alternative recreational facilities for the residents of the subdivision/residential development and the use to which such contribution may be placed for the residents of the development and the Town at large.
The Planning Board shall have the sole discretion, on a case-by-case basis, to determine in which cases active recreation facilities are required and the payment of the contribution in lieu of providing said facilities is permitted. The Planning Board may, at its sole discretion, decide whether all or part of an in-lieu contribution is acceptable.
All funds collected from applicants, who make payments in lieu of providing active recreation, shall be deposited by the Town Clerk Administrator in a special reserve account designated as the Town's recreation account and shall not be used for any other purposes.
The reserve for open space and recreation improvements is hereby established as the depository of funds received by the Township of Buena Vista as payment in lieu of providing open space and recreation.
The acquisition and development of open space and recreation facilities and associated costs and incidental related charges for those facilities and no other expenditure shall be appropriated by capital ordinance and include contributions received and on deposit in the reserve for open space and recreation improvements.
All expenditures shall be approved by the Planning Board by resolution and disbursement of funds shall be approved by resolution by the Township Committee.