[Amended 9-27-2006 by Ord. No. 784]
Vertical (straight-face) curbs shall be required
in all subdivisions and wherever sidewalks are required. Curb cuts,
mountable curbs or ramps shall be provided wherever sidewalks cross
streets to accommodate wheelchairs and bicycles in accordance with
New Jersey Barrier Free Design Criteria.
Culverts shall have headwalls and railings,
where necessary, placed on right-of-way lines unless the stream flow
is judged minor by the Planning Board and the Township Engineer. In
this case, at the option of the developer, pipes may be extended no
less than 25 feet beyond the right-of-way line, and a single head
wall may be built to grade on the upstream side without a railing.
Because of traffic hazard, intruding curbs and abutments near the
paving line are prohibited.
In subdivision and site design, the following
areas shall be preserved:
A. Wetlands (as defined in Section 404, Federal Water
Pollution Control Act Amendments of 1972, and delineated on wetlands
maps prepared by the United States Fish and Wildlife Service, and/or
N.J.A.C. 7:7A, the New Jersey Freshwater Protection Act Rules, 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 New Jersey Department
of Environmental Protection (NJDEP), 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.
C. Lands identified as floodways or V-zones on the current
Flood Insurance Rate Map.
D. Steep slopes, in excess of 15% 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. Historically significant structures and sites, as
listed on the federal or New Jersey list of historic places.
In order to ensure that future development is
designed to accommodate the recycling of solid waste, subdivision
applications shall adhere to the following:
A. Each major application for residential development
shall include provisions for the collection, disposition and recycling
of recyclable materials. For major applications, each single-family
unit or unit within a two-family dwelling should provide at least
12 square feet of floor area conveniently arranged and located as
a holding area for a four-week accumulation of materials. Such an
area may be within a laundry room, basement or garage.
Major subdivision developments shall be required
to provide open space.
A. Minimum requirements.
(1) Amount of open space required. At least 20% of the
developable acreage of a tract proposed for development shall be set
aside for developed and undeveloped open space.
(2) 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.
(3) Location of open space parcels. 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.
B. Recreation improvements.
(1) Passive recreation areas, such as pathways, seating
areas and lawns, shall be provided, suitably arranged, throughout
any multifamily site.
(2) In addition, an active recreation area or areas shall
be provided at the rate of at least 250 square feet per dwelling unit.
Outdoor play equipment shall be installed in each recreation area
in sufficient amount and variety to service the occupants of the project.
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 Township Committee to 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 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 Township Committee.
Type of ownership may include, but is not necessarily limited to,
the following:
(1) The municipality, subject to approval 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 homeowners' 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 nonmunicipal organization with
the responsibility for the open space fails to maintain it in reasonable
order and condition, the 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.
(2) At such hearing, the 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 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 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 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 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.
(3) 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 be
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.
G. Cash contribution in lieu of facilities.
(1) The amount of contribution required pursuant hereto
shall be determined by the estimated cost of the recreation facilities
and equipment that would otherwise be required for the proposed development,
which shall also take into consideration the value of the additional
lots that the developer will have for sale, and shall be prorated
over the total number of building lots, as shown on the preliminary
plans submitted by the applicant and approved by the Planning Board
in order to determine a per lot amount. The amount of the contribution
to be provided pursuant to this subsection shall not be less than
$1,500 per lot.
[Amended 4-26-2006 by Ord. No. 779]
(2) Payment of the contribution required pursuant hereto
shall be made prior to the issuance of a building permit for the lot
for which the cash contribution is made. If a cash contribution is
required for several lots in a major subdivision development, the
cash contribution must be paid only for that lot or those lots for
which a building permit is issued.
[Amended 5-21-2008 by Ord. No. 806]
(3) The cash contribution shall be used exclusively for
park and recreation purposes and shall be placed in the current budget
line item designated “Parks and Recreation, Other Expenses.”
Carneys Point Township reserves the right to use said funds for a
purpose related to recreation anywhere within the Township of Carneys
Point.
[Amended 5-21-2008 by Ord. No. 806]