[Ord. No. 1992-32 § 8.1; Ord. No. 2005-24 § I]
The purpose of good subdivision and site design is to create
a functional and attractive development, to minimize adverse impacts,
and to ensure that a project will be an asset to a community.
This Article presents design guidelines and standards. Design
guidelines provide a framework for sound planning; design standards
set forth specific improvement requirements.
The developer shall only be permitted to build the maximum density,
intensity of development, and floor area ratio permitted by the zone
district requirements schedule where it is demonstrated that the development
adheres to all applicable ordinances, including the design standards
and guidelines set forth herein and creates no exceptional adverse
impacts. Deviations from the standards and guidelines of this section
will only be permitted when authorized by the Municipal Agency through
the issuance of a design waiver.
The subdivision guidelines and standards in this Article shall
not apply to, and the approval of subdivisions by the Planning and/or
Zoning Board shall not be required of, the subdivision of Borough-owned
property made by the Borough of Belmar. This exception shall not apply
when the subdivided property will be sold to, and developed by, a
nongovernmental entity.
[Ord. No. 1992-32 § 8.2]
In project design and in reviewing project applications, the
following principles of subdivision and site design shall apply:
a.
Data Gathering and Site Analysis.
1.
Assess site characteristics, such as general neighborhood context
and surrounding land uses; existing vegetation; streetscape; road
network; visual features; past and present use of the site; landmarks;
and relationship to surrounding buildings and structures.
b.
Subdivision and Site Design.
1.
Base the design of the development on the site analysis. Arrange
development to the maximum extent practical to create an appropriate
design relationship to the neighborhood and to desirable natural and
man-made features.
2.
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.
3.
Consider local and regional plans for the surrounding community.
4.
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.
5.
Design lots, sites, and buildings to reduce cut and fill, and to
avoid flooding and adversely affecting ground water and aquifer recharge;
and provide for sewage disposal and adequate access.
c.
Residential Development Design.
1.
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.
2.
Space buildings so that adequate privacy is provided for units.
d.
Nonresidential Development Design.
1.
Design nonresidential and industrial developments according to the
same principles governing design of residential developments; locate
buildings to maintain an appropriate relationship with the surrounding
neighborhood; avoid to the maximum extent practical environmentally
sensitive areas; consider factors such as drainage, noise, odor and
surrounding land uses in siting buildings; buffer where adverse impacts
exist.
e.
Circulation System Design.
1.
Design the street system to permit the safe, efficient, and orderly
movement of traffic.
2.
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 landmarks; and to present an attractive streetscape.
3.
Design streets in a hierarchical system (see Article 9).
4.
Locate pedestrian walkways parallel to the street, but permit exceptions
to preserve landmarks or to provide visual interest or for ease of
circulation.
5.
Where bicycle routes are provided, design those for commuters so
that they are reasonably direct. Design recreational paths to follow
scenic routes, with points of interest highlighted.
6.
Within commercial areas cross connections and cross easements among
properties should be provided to allow for ease of vehicular and pedestrian
access.
7.
Development design shall conform to the requirements of any applicable
access management code including the following.
(a)
The State Highway Access Management Code adopted by the Commissioner
of Transportation pursuant to N.J.S.A. 27:7-91 with respect to State
highways within the Borough.
(b)
Conformity with any Access Management Code adopted by the County
of Monmouth under N.J.S.A. 27:16-1;
(c)
Conformity with any Borough Access Management Code adopted pursuant
to N.J.S.A. 40:67-1 with respect to municipal streets; and
(d)
A Borough Access Management Plan prepared pursuant to the revisions
to N.J.S.A. 40:67-1.
f.
Landscape Design.
1.
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.
2.
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.
3.
Vary the type and amount of landscaping with type of development,
and accent site entrance with special landscaping treatment.
4.
Consider massing trees at critical points.
5.
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.
g.
Building Design.
1.
Building design should enhance the visual pattern of the surrounding
community by promoting visual harmony and utilizing transitions between
new and older buildings.
2.
New buildings should strengthen particular design features of the
area by, for example, framing views, enclosing open space, or continuing
particular design features or statements.
3.
The height and bulk of new buildings should be compatible with the
scale of surrounding development.
4.
Landmark buildings should be preserved. Renovations or additions
should utilize the guidelines prescribed by the U.S. Department of
the Interior in the Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings.
5.
Buildings should be designed to be attractive from all vantage points,
including fences, storage areas and rear entrances and elevations.
6.
Accessory structures should be architecturally coordinated with the
principal structure.
7.
All exterior storage areas and service yards, loading docks and ramps,
electrical and mechanical equipment and enclosures, storage tanks,
roof structures and the like should be screened from the public view,
within and from the outside of the development, by a fence, wall,
architectural screening or mature landscape materials, compatible
with the exterior design of the building.
8.
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.
9.
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 a defined order.
10.
Roof planes or caps meeting the exterior facade should have overhangs
or appropriate cornice and trim details.
11.
Major entrance to buildings should be properly identified with architectural
elements or details.
12.
The fenestration and detailing of building facades should be arranged
to promote a harmonious variety of light and shade on the building
face and to provide a visually appealing surface.
h.
In recognition of the importance of Ocean Avenue and Main Street
to the commerce and identity of the Borough, the following guidelines
apply to development fronting upon those roads.
1.
Design should enhance the sidewalk environment with appropriate and
coordinated paving materials, landscaping, street furniture and lighting.
2.
Ease of pedestrian access should be encouraged.
3.
The design, size, number, type and display of signage should be controlled
to prevent visual clutter and maintain pedestrian scale.
4.
Building design, alteration or improvement should adhere to the following:
(a)
Desirable architectural features, details or decorative elements
of existing buildings should be repaired or replaced to match as closely
as possible the original building construction.
(b)
Side and rear walls where visible from the street should be
finished, repaired or renovated to be harmonious with the front of
the building.
(c)
Windows, entrances, lighting and awnings should be compatible
with the original scale and character of the building.
(d)
Soft, retractable, flame-proof awnings are permitted over the
first floor and above upper floor windows. 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.
(e)
No lettering or images are permitted on the angled face of an
awning. 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.
[Ord. No. 1992-32 § 8.3]
a.
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:
1.
Wetlands;
2.
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 (NJDEPE) 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;
3.
Habitats of endangered or threatened wildlife as identified on Federal
or State lists; and
4.
Historically significant structures and site as listed on the Federal
or New Jersey list of historic places or the Belmar Master Plan.
b.
Residential lots shall front on local streets.
c.
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 in
its intended use.
d.
The road system for residential subdivisions shall be designed to
serve the needs of the neighborhood and to discourage use by through
traffic.
e.
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.
f.
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 3,600 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 any of the following features: wetlands, easements, or public
right-of-way.
g.
Construction of permeable interlocking concrete pavement systems, loose stone, and unroofed boardwalk type decks, as defined in Subsection 40-2.4, shall be accompanied by:
[Added 10-18-2022 by Ord.
No. 2022-14]
[Ord. No. 1992-32 § 8.4; Ord. No. 2006-04 § vii]
a.
Purpose.
1.
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.
2.
Landscaping may include plant materials such as trees, shrubs, ground
cover, perennials and annuals and other materials such as pebbles,
decorative stone, water sculpture, art, walls, and fences. Provided
however, all land area covered with pebbles, or decorative stone shall
be designed to contain on-site and minimize spillage of such materials
upon public walkways and rights-of-way. Areas covered with pebbles,
or decorative stone shall be included in the calculation of impervious
coverage.
b.
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 3, of this chapter.
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. The landscape plan shall also
include the total pervious and impervious coverages on the property
expressed in both square feet and percentage of the total lot area.
When existing natural growth is proposed to remain, applicant shall
include in the plans proposed methods to protect existing trees and
growth during and after construction.
c.
Site Protection and General Planting Requirements.
1.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces. At least four 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, in the opinion of the
Borough Engineer, additional topsoil is required, the developer shall
provide it. Removal of excess topsoil shall only be permitted in accordance
with a plan approved by the Municipal Agency.
2.
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, except as provided by New Jersey Department of
Environmental Protection and Energy regulations. 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, if permitted
in accordance with the regulations contained in N.J.A.C. 7:26-1.7e.
3.
Protection of Existing Plantings. Maximum effort should be made to
save fine specimens (because of size or relative rarity). The Municipal
Agency 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. 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.
4.
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.
5.
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 Municipal Agency. 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 2 1/2 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.
6.
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.
7.
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.
d.
Street Trees.
1.
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
(in feet)
|
Planting Interval
(in feet)
|
|---|---|
|
Large trees (40+)
|
50
|
|
Medium-sized trees (30-40)
|
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 street lights.
Tree location, landscaping design, and spacing plan shall be approved
by the Planning Board as part of the landscape plan.
2.
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 Municipal Agency.
3.
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.
e.
Buffering and Screening.
1.
Function and Materials. Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on the adjacent
property or from adjacent areas. It may consist of fencing, evergreens,
berms, rocks, boulders, mounds, or combinations to achieve the stated
objectives.
2.
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 Municipal Agency 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 Municipal Agency may require landscaping,
fences, or walls to ensure privacy and screen dwelling units.
Where required, buffers shall be measured from property lines.
(a)
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.
(b)
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.
(c)
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.
3.
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.
4.
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.
5.
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.
f.
Parking Lot Landscaping.
1.
Amount required. In parking lots, at least 5% of the interior parking
area shall be landscaped with plantings, and one tree for each 10
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.
2.
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 lots is exclusive of other planting requirements, such
as for street trees.
3.
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.
g.
Paving Materials and Walls and Fences.
1.
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, compatibility
with surroundings, decorative quality, and aesthetic appeal. Acceptable
materials shall include, but are not limited to, concrete, brick,
cement pavers, asphalt and stone.
2.
Walls and fences shall be erected where required for privacy, screening,
separation, security, or to serve other necessary functions.
h.
Street Furniture.
1.
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.
2.
Street furniture elements shall be compatible in form, material,
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
3.
Selection of street furniture shall consider durability, maintenance,
and long-term cost.
i.
Stones, Pebbles, Gravel.
1.
The use of stones, pebbles, gravel and like materials ("stones")
for landscaping or decorative purposes shall not be in excess of 20%
of the total lot area.
2.
For properties which have driveways constructed of stones, and which
also use stones for landscaping or decorative purposes, the combined
coverage of stones for the driveway and for landscaping or decorative
purposes shall not be in excess of 25% of the total lot area.
3.
Stones used for landscaping or decorative purposes shall not be installed
closer than 10 feet back from the curb, measured from the inside of
the curb. If the property also has a sidewalk, stones shall not be
installed closer than three feet back from the sidewalk, measured
from the inside of the sidewalk, or 10 feet back from the curb, measured
from the inside of the curb, whichever is greater.
4.
Stones used for driveway purposes shall not be installed closer than
10 feet back from the curb, measured from the inside of the curb.
If the property also has a sidewalk, stones shall not be installed
closer than three feet back from the sidewalk, measured from the inside
of the sidewalk, or 10 feet back from the curb, measured from the
inside of the curb, whichever is greater.
[Ord. No. 1992-32 § 8.5]
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:
a.
Materials designated in the Borough of Belmar Revised General Ordinances, Chapter 10, "Garbage and Waste," § 10-7.6 shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
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 cans
and bi-metal cans). The storage area may be located in the laundry
room, garage, basement or kitchen.
2.
For major applications, each multi-family unit, shall provide a storage
area of at least four 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 cans and
bi-metal 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.
3.
Each application for a non-residential use which utilizes 1,000 square
feet or more of land, shall provide the Municipal Agency with estimates
of the quantity of mandated recyclable materials (including but not
limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal
cans, high grade paper, and corrugated cardboard) that will be generated
by the development during each week. A separate storage area must
be provided to accommodate a one to two week accumulation of recyclable
material. The Municipal Agency may require the location of one or
more common storage areas at convenient locations within the development.
b.
Common storage or holding areas shall be designed to accommodate truck access and shall be suitably screened as required by Subsection 40-8.4e2. It is preferred that solid waste collection areas be adjacent to but separate from recyclable storage areas.
c.
The applicant shall submit sufficient details of the solid waste
and recyclables to be generated by any application to allow the Municipal
Agency to reach an affirmative conclusion that proposed provisions
are sufficient.
d.
The Municipal Agency, in the interpretation/enforcement of this section
may consult with the Director of Public Works and/or the Municipal
Recycling Coordinator.
[Ord. No. 1992-32 § 8.6]
Multi-family development shall be required to provide open space.
a.
Minimum Requirements.
1.
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.
2.
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.
3.
Location of Open Space Parcels. Open space parcels should be convenient
to the dwelling units they are intended to serve.
b.
Recreation Improvements.
1.
Passive recreation areas, such as pathways, seating areas and lawns,
shall be provided and suitably arranged in a multi-family site.
2.
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.
c.
Deed Restrictions. Any lands dedicated for open space purposes shall
contain appropriate covenants and deed restrictions approved by the
Municipal Agency that ensure that:
1.
The open space area will not be further subdivided in the future.
2.
The use of the open space will continue in perpetuity for the purpose
specified.
3.
Appropriate provisions are made for the maintenance of the open space.
4.
Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
d.
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 Municipal Agency. Type
of ownership may include, but is not necessarily limited to, the following:
1.
The municipality, subject to acceptance by the governing body.
2.
Other public jurisdictions or agencies, subject to their acceptance.
3.
Quasi-public organizations, subject to their acceptance.
4.
Homeowner, condominium, or cooperative associations or organizations.
5.
Shared, undivided interest by all property owners in the subdivision.
e.
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:
1.
The Homeowners Association must be established before the homes are
sold.
2.
Membership must be mandatory for each home buyer and any successive
buyer.
3.
The open space restrictions must be permanent, not just for a period
of years.
4.
The association must be responsible for liability insurance, local
taxes, and the maintenance of recreational and other facilities.
5.
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.
6.
The association must be able to adjust the assessment to meet changed
needs.
f.
Maintenance of Open Space Areas.
1.
In the event that a non-municipal 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.
2.
At such hearing, the Borough Council may modify the terms of the
original notice of 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. 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 the year, the Borough Council shall upon its initiative or upon
the request of the organization 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 the open space in
reasonable condition, the municipality shall cease to maintain the
open space at the end of the year. If the Borough Council shall determine
such organization is not ready and able to maintain the open space
in a reasonable condition, the municipality may, in its discretion,
continue to maintain the 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.
3.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right to enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and shall be enforced and collected
with interest by the same officers and in the same manner as other
taxes.
