[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.
A.
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.
B.
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.
C.
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.
A.
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:
|
Total New Lots/Dwelling Units Number of Facilities
| |||||
|---|---|---|---|---|---|
|
From
|
To
|
Tot-lot
|
Multipurpose Field
|
Hard Court
| |
|
10
|
15
|
1
|
—
|
—
| |
|
16
|
25
|
1
|
1
|
—
| |
|
26
|
50
|
1
|
1
|
1
| |
|
51
|
75
|
2
|
1
|
1
| |
|
76
|
100
|
2
|
1
|
2
| |
|
101
|
150
|
2
|
2
|
2
| |
|
151
|
200
|
3
|
3
|
3
| |
|
201
|
250 plus
|
4
|
4
|
3
| |
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
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:
One jungle gym, which shall incorporate at least two slides,
one climber, one horizontal ladder and associated steps and decks.
One swingset, which shall incorporate at least four swings,
one of which must contain a tot safety seat.
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.
A.
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.
B.
The improvements required under this chapter shall be completed in
accordance with other improvements covered under the required performance
guaranty.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
All expenditures shall be approved by the Planning Board by resolution
and disbursement of funds shall be approved by resolution by the Township
Committee.
