Greenwich Township City Zoning Code
§ 16-15.6.7
Open space requirements.
[Ord. No. 1992-8]
a.
Land area equal to a minimum of 15% of the tract of land proposed for the planned development shall be specifically set aside for conservation, open space, flood plain, wetlands, easements and storm drainage basins, recreation and/or other open space. Land utilized for street right-of-way shall not be included as part of the above 15%.
b.
In its preparation of the set-aside open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township master plan prepared by the Land Use Board, the environmental characteristics of the land, and the anticipated demographics of the resident population. High priority concerns include:
[Amended by Ord. No. 2014-02]
1.
The location and construction of adequate recreational facilities throughout the project;
2.
The conservation of stream rambles throughout the project for passive recreational use, thereby forming connective links for pedestrian travel;
3.
The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, flood plains, wetlands, and treed acreage.
4.
The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space.
c.
Open space will be deeded to the Township or dedicated to an open space organization or trust, with incorporation and bylaws to be approved by the Land Use Board. If common open space is not dedicated to the Township, the developer shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.
[Amended by Ord. No. 2014-02]
1.
If the applicant proposes that the open space shall be dedicated to the Township, then the Land Use Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing such open space.
2.
All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulate herein.
d.
In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the Township 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 time the deficiencies shall be cured.
1.
If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 35 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.
2.
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the 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 enforced and collected with interest by the Township in the same manner as other taxes.
3.
Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation of the organization shall be submitted for review by the Land Use Board prior to the granting of final approval by the Township.
[Amended by Ord. No. 2014-02]