Manalapan Township City Zoning Code
§ 95-8.9
Open space design requirements.
[Amended by Ord. No. 95-14]
Where open space is proposed or required as part of a development, it shall adhere to the requirements of this subsection and to the provisions of the applicable planned development district. Developed common open space is to be designed to provide active and passive recreational facilities to serve the residents of the development. Undeveloped common open space is to be designed to preserve important site amenities and environmentally sensitive areas.
A.
Amount of common open space required. The amount of common open space proposed shall adhere to the applicable requirements of the zone district or planned development standards or conditional use provisions.
(1)
Absent other provisions specified for the particular type of planned development, at least 25% of the gross tract area shall be restricted as common open space. The portion of the gross tract area which is restricted as common open space shall encompass at least 25% of the net tract area. The net tract area is that area of the tract which is not encroached upon by freshwater wetlands, wetlands transition areas, detention basins, the area of the one-hundred-year floodplain, floodways, steep slopes of 15% or greater, existing easements, buildings, parking lots, and private space, such as patios or yards, not available for common use.
(2)
(Reserved)
(3)
No dimension shall be less than 75 feet.
(4)
The minimum contiguous area of an open space parcel shall be 20,000 square feet.
B.
The area of each parcel of open space shall be of such dimensions as to be usable for its intended purpose.
C.
A circulation plan showing a path system throughout the development which provides reasonable access to both the developed and undeveloped common space shall be provided.
D.
Developed common open space. The Planning Board or other approving authority may approve the installation of recreational facilities as part of developed open space. In all planned residential developments of 50 dwelling units or more, active recreation facilities consisting of playgrounds, playfields, parks or other recreation suitable to the development shall be provided as part of the developed common open space. Such facilities shall be conveniently located and accessible to all dwelling units and adhere to the following:
(1)
One active recreation area shall be provided for each 300 persons or 75 children of projected population. Such areas shall not be less than four acres.
(2)
For developments of more than 300 persons, active recreation or park space shall be provided at the rate of 10.25 acres per 1,000 population.
E.
Undeveloped common open space. Undeveloped common open space should be left in its natural state. A developer, however, may make limited improvements for the installation of utilities, detention basins, stormwater management, necessary grading and the provision of picnic areas, jogging and exercise trails, 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; reforestation of areas disturbed for utility installation; and grading and seeding, subject to approval by all regulatory agencies.
F.
Deed restrictions. Any lands dedicated for common open space purposes shall contain covenants and deed restrictions approved by the Municipal Attorney that ensure that:
G.
Common open space ownership. The Township or other governmental agency approved by the Township, at any time and from time to time, may accept the dedication of land or any interest therein for public use and maintenance, but the Township shall not require, as a condition of the approval of a planned development, that land proposed to be set aside for common open space be dedicated or made available to public use. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a planned development, if the open space is not dedicated to the municipality or other governmental agency. The type of ownership of land dedicated for common open space purposes shall be selected by the applicant subject to the approval of the municipal agency. Type of ownership may include, but is not necessarily limited to, the following:
(1)
The Township of Manalapan, subject to acceptance by the governing body of the municipality.
(2)
Homeowner, condominium, or cooperative associations or organizations.
(3)
Shared, undivided interest by all property owners in the subdivision.
(4)
Any organization provided for by the developer to own or maintain open space shall not be dissolved and shall not dispose of any of its open space without first offering to dedicate such property, without cost, to the Township of Manalapan.
H.
Homeowners' association. If the common 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 sale of any residential unit.
(2)
Membership shall be mandatory for each buyer and any successive buyer.
(3)
The open space restrictions shall be permanent.
(4)
The association shall be responsible for liability insurance, local taxes, and the maintenance and replacement of recreational and other facilities.
(5)
Homeowners shall 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.
(6)
The association must be able to adjust the assessment to meet changed needs.
I.
Maintenance of open space areas. In the event that a nonmunicipal organization with the responsibility for the common open space fails to maintain it in reasonable order and condition, then the Township Committee of Manalapan Township, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.