Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #585, § 617A; Ord. #1932, 4-10-2007, amended]
When a development plan incorporates open space, the applicant may, if both the applicant and the Township agree, deed the open space to the Township. If the development plan incorporates multiple ownership such as a cooperative or condominium, any open space not deeded to the Township shall be owned and maintained by an association.
The minimum amount of open space for the tract shall be as follows:
Type of Development
Cluster Residential Development
Natural Resource Conservation Development
1A minimum of 25% of the open space must be developed for active recreational uses.
2A maximum of 75% of the open space may be land classified as wetlands.
3Open space within a Natural Resource Conservation Development Overlay Zone shall be in accordance with § 21-10.14.1.
As part of the application for any development plan incorporating open space, a maintenance agreement shall be submitted to the Board for review and approval and shall conform to the requirements of Subsection 21-58A.4.
[Ord. #1932, 4-10-2007, amended]
[Ord. #585, § 617B]
The use of land for active recreation shall be limited to those areas where topographic features will allow such use without extensive grading and removal of natural vegetation. While the specific usage shall be determined by the applicant, the recreational facilities provided should be suitable for use by the anticipated occupants of the development and should augment and not duplicate existing Township recreational facilities in the vicinity of the tract if such facilities adequately serve the proposed development.
Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian and bicycle circulation, hiking trails, picnic areas and similar uses.
Both active and passive open space areas should be developed as part of a larger system of contiguous or related land areas, rather than as separate parcels scattered throughout a development. Further, open space areas in a development should be located so that they will be contiguous to existing and planned open space areas off-tract to ensure continuity throughout the Township. Wherever possible, the open space areas should be connected by existing and proposed pedestrian and bicycle routes.
[Ord. #585, § 617C]
Plans, specifications and manufacturers' catalog cuts of any proposed recreational improvements or equipment shall be included for the Board's review prior to final approval of the development plan.
For planned residential developments, the applicant may request that the Board permit the final design and construction of all or part of the active recreational areas to be left to the discretion of the association which will control the project. If this request is agreed to by the Board, the applicant shall, at the time of initial sale or occupancy of each unit, deposit in an escrow account a sum sufficient to ensure that the estimated cost of the design, approval, construction and inspection of future recreational facilities will be funded in an amount proportional to the occupancy of the project.
The basis for establishing the improvement costs and appropriate escrow deposit shall be agreed to by the applicant and the Board, and the estimated improvement costs shall be determined by the Township Engineer.
The plans for construction shall be approved by the Board prior to construction.
If such escrow account is not used for the design, approval, construction and inspection of the recreational improvements within 10 years, it shall be used by the Township for improvements to the closest Township recreational facility. In the case that such funds are not used by the Township within 15 years, they shall be returned to the owner(s) of the property.