Plumsted City Zoning Code
§ 15-4.1A
RA-5 Standards and Regulations for Open Space.
[Ord. #2007-01, § II]
Protected open space and greenway lands (referred to as Greenway Lands) in all subdivisions and site plans shall meet the following standards:
a.
Uses Permitted on Greenway and Open Space Lands. The following uses are permitted in greenway land areas:
1.
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
2.
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, pre-existing associated buildings that are specifically needed to support an active, viable agricultural or horticultural operation, excluding residences.
3.
Pastureland and facilities for horses. Equestrian facilities, including outdoor tracks, shall be permitted.
4.
Forestry, in keeping with State Approved Woodland Management Plan for selective harvesting and sustained yield forestry. Clear cutting is not permissible.
5.
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, paint ball operations, and other uses similar in character and potential impact as determined by the Board.
6.
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.
7.
Easements for drainage, access, sewer or water lines, or other public purposes.
8.
Underground utility rights-of-way. Above ground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required Greenway land.
b.
Greenway Design Standards.
1.
Greenway lands shall be laid out in general accordance with the municipality's Proposed Conservation Areas and Greenway Connections and Proposed Farmland Preservation maps of the 2003 Conservation Element of the Master Plan for Plumsted Township. The greenway lands shall be contiguous and not fragmented in order to ensure an interconnected network of open space throughout the Township, over time, as parcels undergo subdivision and site plans. In addition, the required greenway land shall consist of all Primary Conservation Areas (PCAs), and Secondary Conservation Areas (SCAs) to the greatest extent possible.
2.
In Option 1 subdivisions within the RA-5 Zone, the greenway land comprises a minimum of 50 percent of the gross tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse).
3.
Buffers for Adjacent Outdoor Recreation Land and other nonresidential development uses: Where the proposed development adjoins outdoor recreation land or other nonresidential development uses, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive exotic plant and tree species.
c.
Other Requirements.
1.
No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required Greenway land.
2.
When the Greenway lands are to be for common use, pedestrian and maintenance access shall be provided to Greenway land in accordance with the following requirements:
(a)
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 20 feet in width.
(b)
If the Greenway land is being used for agricultural purposes exclusively, access to such Greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
3.
All Greenway land areas that are wooded shall be left in a natural state. The use of fencing is strongly discouraged.
d.
Permanent Greenway Protection Through Conservation Easements.
1.
In Option 1 subdivisions, all Greenway land provided shall be subject to permanently marked conservation easements prohibiting future development and defining the range of permitted activities. The determination of necessity shall lie with the board.
2.
In Option 2 subdivisions (Country Properties), applicants who voluntarily develop their properties at densities conforming with Option 2 standards (minimum six acres per principal dwelling in the RA-5 Zone), shall place a deed restriction preventing future subdivision of the newly created parcels.
e.
Ownership of Greenway Land and Common Facilities.
1.
Development Restrictions. All greenway land shall be permanently deed restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except as indicated previously.
2.
Ownership Options. The developer of the tract may choose any of the following methods, either individually or in combination, for the ownership of the common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(b)
Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
(1)
The applicant shall provide the municipality a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
(2)
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
(3)
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
(4)
The association shall be responsible for maintenance and insurance of common facilities;
(5)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
(6)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event; and
(7)
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(c)
Private Conservation Organization or the County. With permission of the municipality, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County provided that:
(1)
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;
(2)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Ocean County becomes unwilling or unable to continue carrying out its functions;
(3)
The Greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and
(4)
A maintenance agreement acceptable to the municipality is established between the owner and the organization or Ocean County.
(d)
Dedication of Easements to the Municipality. The municipality may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the homeowners' association, or private conservation organization while the easements are held by the municipality. In addition, the following regulations shall apply:
(e)
Non-Common Private Ownership. Up to 100 percent of the required Greenway land may be included within one or more large "conservancy lots" of at least ten acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in Subsection 15-4.1A, and that the municipality is given the ability to enforce these restrictions.
f.
Maintenance of Greenway Land and Common Facilities.
1.
Unless otherwise agreed to by the board, the cost and responsibility of maintaining common facilities and Greenway land shall be borne by the property owner, homeowners' association, or conservation organization.
2.
The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities which shall be incorporated into the Developer's Agreement.
3.
In the event that the organization established to maintain the Greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
4.
The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, homeowners association, conservation organization, or individual property owners who make up a homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality with the county clerk or county registrar.