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Union Beach City Zoning Code

§ 13-8.9

Common Open Spaces and Public Open Spaces.

a. 
Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:
1. 
Each open space area should contain a minimum of two contiguous acres.
2. 
Open space areas should not be less than 50 feet in width at any location, except where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.
3. 
Where possible, all of the following land areas and features shall be preserved as open space:
(a) 
Floodway and flood hazard areas.
(b) 
Areas containing a significant number of specimen trees as determined by the planning board.
(c) 
Existing watercourses, ponds.
(d) 
Land with a seasonal high water table of less than two feet.
(e) 
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
b. 
Site Preparation. Within open space areas, the planning board may require a developer to make certain site preparation improvements, which may include, but are not limited to the following:
1. 
Removal of dead or diseased trees.
2. 
Thinning of trees or other growth to encourage more desirable growth.
3. 
Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.
4. 
Grading and seeding.
c. 
Reservation of Public Areas.
1. 
If the master plan or the official map provides for the reservation of designated streets, public drainage-ways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the planning board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The planning board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
2. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxed apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
d. 
Recreation Areas. Where it is considered appropriate by the planning board, portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include, but are not limited to, swimming pools, tennis courts, and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the planning board based on, but not limited to, the following standards:
1. 
The board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
2. 
The board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
3. 
The board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
4. 
The board shall request and consider recommendations from the appropriate borough officials.
5. 
The board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
6. 
The board shall consider the sequence of development.
7. 
The board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
e. 
Open Space Ownership.
1. 
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 planning board and may include, but is not necessarily limited to the following:
(a) 
The Borough of Union Beach (subject to acceptance of the borough council).
(b) 
Other public jurisdictions or agencies (subject to their acceptance).
(c) 
Quasi-public organizations (subject to their acceptance).
(d) 
Homeowners' or condominium associations or organizations.
(e) 
Shared, undivided interest by all property owners in the development.
2. 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the planning board, which insure that:
(a) 
The open space area will not be further subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
f. 
Maintenance of Common Open Space.
1. 
The borough or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the planning board shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.
2. 
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the borough or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the borough.
3. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer 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 the notice shall include a demand that such deficiencies of maintenance be cured within 35 days, and shall state the date and place of a hearing which shall be held within 15 days of the notice. At such hearing, the administrative officer 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 cured.
If the deficiencies set forth in the original notice or in the modification shall not be cured within the 35 days or any permitted extension thereof, the borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The 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 of the year, the administrative officer shall, upon his initiative or upon the request of the organization responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to the organization and to the owners of the development, to be held by the administrative officer, at which hearing the organization and the owners of the development shall show cause why such maintenance by the borough shall not, at the election of the borough, continue for a succeeding year. If the administrative officer shall determine that the organization is ready and able to maintain the open space in reasonable condition, the borough shall cease to maintain the open space at the end of the year. If the administrative officer shall determine the organization is not ready and able to maintain the open space in a reasonable condition, the borough may, in its discretion continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the administrative officer in any such case shall constitute a final administrative decision subject to judicial review.
4. 
The cost of the maintenance of by the borough 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 become a lien and tax on the 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 same officers and in the same manner as other taxes.