[Added 11-26-2007 by Ord. No. 2007-23]
It is the general purpose and intent of the open space and recreation
requirements for residential development that all new residential
development in the growth areas of the Township contribute to the
overall recreation program of the Township, in consideration of permitted
development at higher densities; that passive and active recreation
are of equal importance and both serve legitimate municipal health,
safety and welfare purposes; that, to the extent feasible, central
recreation facilities owned and maintained by the Township be generally
accessible to the majority of Township residents, particularly in
the residential zones, and active recreation be centrally located
in close proximity to existing recreation facilities, such as the
schools and Township-owned recreation lands; and that active recreation,
designed or located such that the potential users of said facilities
are limited to a certain development or portion thereof, be owned
and maintained by private homeowners' associations and not the Township
through general tax dollars.
The following shall be the minimum open space requirements for
the uses permitted in the residential zones:
A.
Single-family detached: 15% of the total tract, of which one-half must be used for active recreation in accordance with § 340-134A below, except for the R-4 Single-Family Residential Overlay Zone, within the I-1 Industrial Zoning District, which shall contain at least 35% of the total tract, of which 4% of the total tract shall be devoted to active recreation.
A.
B.
All active recreation constructed shall be dedicated to a homeowner's association created pursuant to § 340-137, unless the Township specifically agrees to accept dedication pursuant to the developer's request.
C.
All active recreation areas which serve more than 50 dwelling units
shall contain paved parking areas and contain provisions for bicycles.
The number of parking spaces shall be determined by the Planning Board.
D.
An adequate number of trash receptacles and park benches shall be
placed in all active recreation areas.
All recreation areas or facilities shall be designated in accordance with § 340-138 of this article.
In lieu of construction of the active recreation required by § 340-134B above, the Planning Board may request that the developer make a contribution of $1,000 per unit to a recreation trust fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of Township residents. Said contribution shall be paid at the time of final approval. The land required to be used for active recreation pursuant to § 340-134A above shall thereafter be used for passive recreation, unless the Township elects to construct active recreation facilities thereon at the Township's expense.
A.
In order to secure proper improvement and maintenance of all common
open space in any proposed development, the landowner shall provide
for and establish an organization for the ownership and maintenance
of any common open space. Such organization shall not be dissolved
nor shall it dispose of any common space, by sale or otherwise (except
to an organization conceived and established to own and maintain the
common open space), without first offering to dedicate the same to
the Township or other governmental agency designated by the Township.
The Planning Board shall make findings concerning the operation of
the organization for the ownership and maintenance of any common open
space. It shall consider the following:
(1)
Time when organization is created.
(2)
Mandatory or automatic nature of membership on the organization
by resident or successor.
(3)
Permanence of open space safeguards.
(4)
Liability of organization for insurance, taxes and maintenance
of all facilities.
(5)
Provision for pro rata sharing costs and assessments.
(6)
Capacity of the organization to administer common facilities
and preserve the benefits of common open space.
B.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall, at any time
after establishment of the development, fail to maintain the common
open space in reasonable order and condition in accordance with the
plan, the Township governing body may serve written notice upon such
organization or upon the residents and owners of the development setting
forth the manner in which the organization has failed to maintain
common open space in reasonable condition, and the said notice shall
include a demand that such deficiencies of maintenance be cured 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 Township governing body may modify the terms of the original notice
as to the deficiencies and may give an extension of time not to exceed
65 days within which they shall be cured. If the deficiencies set
forth in the original notice or in the modifications thereof shall
not be cured within the said 35 days or any extension thereon, the
Township governing body, in order to preserve the taxable values of
the properties within the development and to prevent the common open
space from being a public nuisance, may enter upon said common open
space and maintain the same for a period of one year. Said entry and
maintenance shall not vest in the public any rights to use the common
open space except when the same is voluntarily dedicated to the public
by the residents and owners. Before the expiration of said year, the
Township governing body shall, upon its initiative or upon the request
of the organization therefor responsible for the maintenance of the
common open space, call a public hearing upon 15 days' written notice
to such organization or to the residents and to the owners of the
development, to be held by the Township governing body, at which hearing
such organization, or the residents and owners of the development,
shall show cause why such maintenance by the Township shall not, at
the election of the Township governing body, continue for a succeeding
year. If the Township governing body shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the Township governing body may, at its discretion, continue
to maintain said common open space during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
The decision of the Township governing body in any such case shall
constitute a final administrative decision subject to judicial review.
C.
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the development that have a right of
enjoyment of the properties. The Township, at the time of entering
upon said common open space for the purpose of maintenance, shall
file a notice of such lien in the office of the County Clerk upon
the properties affected by such lien within the development.
A.
All recreation areas and facilities shall be designated in accordance
with the New Jersey Department of Environmental Protection's publication,
Administration Guidelines: Barrier Free Design Standard for Parks
and Recreation Facilities.
B.
All recreation areas and facilities shall be located and planned
so as not to create a nuisance for adjacent dwelling units.
C.
To the extent feasible, all recreation areas and facilities shall
be located so as to be accessible to the majority of Township residents
unless those areas are to be owned and maintained by a private association
for the use by the members of said association.
D.
All recreation areas and facilities shall be properly fenced or screened
as appropriate to protect the use and enjoyment of adjacent residences
or residential uses.
E.
All recreation areas and facilities designed as part of a residential
development shall meet with the requirements specified in this article.
