[Amended by Ord. No. 95-07]
Residential cluster developments shall be required
to provide open space. Developed open space is designed to provide
active recreational facilities to serve the residents of the development.
Undeveloped open space is designed to preserve the following important
site amenities and environmentally sensitive areas to the extent consistent
with the reasonable utilization of the land:
A.
Unique and/or fragile areas, including freshwater
wetlands delineated on wetlands maps prepared by the USFWS and field-verified
by an on-site inspection;
B.
Significant trees, defined as the largest known individual
trees of each species in New Jersey as listed by the NJDEP Bureau
of Forestry; large trees approaching the diameter of the known largest
tree; and/or species that are rare to the area or of particular horticultural
or landscape value;
C.
Lands in the floodplain, as defined by NJDEP in its
Stream Encroachment Manual;
D.
Steep slopes in excess of 25% as measured over a ten-foot
interval, unless appropriate engineering measures concerning slope
stability, erosion, and resident safety are taken;
E.
Habitats of endangered wildlife, as identified on
federal or state lists;
F.
Historic structures and sites, as listed on the National
or State Register of Historic Places, or the Hunterdon County listing
of historic places;
G.
Stream corridors, as defined in the supplemental development
regulations section of this chapter.
[Amended by Ord. No. 95-07; Ord. No. 98-11]
A.
Amount of open space required. A certain percentage
of the tract proposed for development shall be set aside for developed
and undeveloped open space in residential cluster developments. Forty
percent of the tract shall be devoted to common open space. Of this
open space, passive and active recreational areas shall be developed
for the benefit of the residents of the development. At least two
acres per 100 dwelling units in the development shall be devoted to
active recreational facilities such as, but not limited to, swimming
pools, tennis courts, tot lots, playgrounds, softball fields, basketball
courts, and pathways.
B.
Size of open space parcels. The area of each parcel
of open space designed for active recreational purposes shall be of
such minimum dimensions as to be functionally usable.
C.
Location of open space parcels.
(1)
Open space parcels should be convenient to the dwelling
units they are intended to serve. However, because of noise generation,
they should be sited with sensitivity to surrounding development.
(2)
The location and intended use of common open space
and public sites shall take into account factors, including but not
limited to environmentally critical areas such as floodplains, steep
slopes and wet soils; recreational needs; suitable sites for active
recreation; scenic features; and historic sites.
D.
Recreational facilities.
(1)
Pathways. Pathways shall connect open spaces and recreational
facilities to residential areas. Vehicular conflicts shall be discouraged.
Pathways shall be six feet wide. Benches and sitting areas shall be
located along the pathway at appropriate locations.
(2)
Tot lots. Tot lots shall be a minimum of 4,000 square
feet in area and recreational equipment shall be provided for children
six years of age and younger. Tot lots shall be a minimum of 75 feet
from any residential dwelling. Benches shall be provided for adults.
A minimum of one tot lot per 200 units shall be provided.
(3)
Tennis courts. A minimum of one tennis court per 200
units shall be provided. Two parking spaces per court and bicycle
parking facilities shall be provided.
(4)
Swimming pools. A minimum of one swimming pool per
350 units shall be required. Eight parking spaces per pool and bicycle
parking facilities shall be provided.
(5)
Basketball courts. A minimum of one basketball court
per 350 units shall be required. Six parking spaces per court and
bicycle parking facilities shall be provided.
A.
Developed open space. The Planning Board or other
approving authority may require the installation of recreational facilities,
taking into consideration:
B.
Undeveloped open space. As a general principle, undeveloped
open space should be left in its natural state. A developer may make
certain improvements such as the cutting of trails for walking or
jogging or the provision of picnic areas, etc. In addition, the Planning
Board may require a developer to make other improvements such as removal
of dead or diseased trees; thinning of trees or other vegetation to
encourage more desirable growth; and grading and seeding.
The Planning Board may permit minor deviations
from open space standards when it can be determined that:
Any lands dedicated for open space purposes
shall contain appropriate covenants and deed restrictions approved
by the Municipal Attorney that ensure that:
A.
The open space area will not be further subdivided
in the future.
B.
The use of the open space will continue in perpetuity
for the purpose specified.
C.
Appropriate provisions are made for the maintenance
of the open space.
D.
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public at a fee.
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:
A.
The municipality, subject to acceptance by the governing
body of the municipality.
B.
Other public jurisdictions or agencies, subject to
their acceptance.
C.
Quasi-public organizations, subject to their acceptance.
D.
Homeowner, condominium, or cooperative associations
or organizations.
E.
Shared, undivided interest by all property owners
in the subdivision.
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:
A.
The homeowners' association must be established before
the homes are sold.
B.
Membership must be mandatory for each homebuyer and
any successive buyer.
C.
The open space restrictions must be permanent, not
just for a period of years.
D.
The association must be responsible for liability
insurance, local taxes, and the maintenance of recreational and other
facilities.
E.
Homeowners must pay their pro-rata share of the cost;
the assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners'
association.
F.
The association must be able to adjust the assessment
to meet changed needs.
A.
In the event that a nonmunicipal organization with
the responsibility for the open space fails to maintain it in reasonable
order and condition, the West Amwell Township Committee 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.
B.
At such hearing, the West Amwell Township Committee
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 West Amwell Township
Committee 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 West Amwell
Township Committee, 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 West Amwell Township Committee 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 West Amwell Township Committee 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.
C.
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of 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.
