Union Township City Zoning Code
§ 30-7.6
Open Space Performance Standards.
[Ord. No. 85-9, § 705; Ord. No. 90-2, § 2]
The following open space performance standards shall apply to all uses, as they are applicable.
a.
General Provisions.
1.
It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development. The open space shall be restricted against any future building, development, or use except as is consistent with that of providing for open space for recreation, conservation, agriculture, and aesthetic satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreation, cultural, or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Planning Board, following approval of the building, site, and operational plans by the Planning Board.
2.
All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Planning Board as to legal form and effect with recommendations from the Planning Board as to suitability for the proposed use of the open space and be approved by the Planning Board and governing body as part of the final plan approval.
3.
Layout of Open Space Within the Agricultural Preservation District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture. The Planning Board may recommend greater encroachment into areas of forests, slopes, or shorelines in order to maximize the protection of Class I, II or III agricultural soils. A plan which does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provision of this section. A planted buffer may be required between the residential areas and the open space retained for agricultural purposes where appropriate.
b.
Open Space Design Standards.
1.
Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land use in the municipality. Any such area shall contain no structure other than a structure related to the purposes of open spaces. Where structures relating to open space or recreational activity are located in the developed open space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform with the provisions of Use A-1, Subsections a1, 2, 3 and 4 in § 30-5.4.
2.
Any land set aside as open space must be made subject to a deed restriction or agreement in a form acceptable to the Planning Board and governing body and duly recorded in the office of the Recorder of Deeds in and for Hunterdon County.
c.
Methods of Conveyance and Maintenance. All open space shown on the final development plan as filed with the municipality and subsequently recorded in the office of the Recorder of Deeds of Hunterdon County must be conveyed in accordance with one or more of the following methods:
1.
Dedication in Fee Simple to the Municipality.
(a)
The municipality may, at the discretion of the Planning Board and governing body, accept any portion or portions of the open space, provided:
(1)
If, upon the recommendation of the Planning Board, it is determined that such land is suitable regarding size, shape, location, and access, the governing body may determine that such lands will benefit the general public of the municipality;
(2)
The municipality agrees to and has access to maintain such lands;
(3)
The titles are conveyed to the municipality without cost; and
(4)
The governing body shall adopt a resolution accepting a deed of dedication from the land owner together with an account of monies as determined by the governing body which shall be deposited in a special municipal account that shall be used only for the purposes of maintaining the land.
2.
Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community trust, condominium, individual or other legal entity:
(a)
The terms of such instrument of conveyance must include provisions suitable to the municipality assuming such organization shall guarantee:
(1)
The continued use of such land for the intended purpose in perpetuity;
(2)
Continuity of proper maintenance for those portions of the open space requiring maintenance;
(3)
Available funds required for such maintenance;
(4)
Adequate insurance protection;
(5)
Provision for payment of applicable taxes;
(6)
Recovery for loss sustained by casualty, condemnation, or otherwise;
(7)
The right of the municipality to enter upon and maintain such property at the expense of the organization in the event the organization fails to maintain the property; and
(8)
Such other covenants and/or easements to fulfill the purposes and intent of this chapter.
(b)
The following are prerequisites for a corporation or association.
(1)
It must be approved by the municipality, prior to final plan approval, and the linens recorded before any homes or dwelling units are sold, leased or otherwise conveyed;
(2)
Membership must be mandatory for each buyer and/or lessee. The organizational paper shall specify the voting rights as per adult, per unit, or per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to home-owner.
(3)
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities.
(4)
Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become alien on the property, including any maintenance and associated administrative costs incurred by the municipality.
(5)
It must be able to adjust the assessment to meet conditions by a stated margin of votes.
(6)
Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the municipality before any such sale or disposition of the open space.
(c)
The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the municipality shall be absolute and not subject to reversion for possible future use for further development.
3.
By conveyance of the restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, funded community trust, or other legal entity, the open space may remain totally lotted off to adjacent fee simple lots, provided:
(a)
The terms of such instrument of conveyance must include provisions to the municipality for guaranteeing:
(b)
The following are prerequisites for the conveyance of easements, etc.;
(1)
Such conveyance of the total easements, etc., must transpire prior to any lots or dwelling units being sold, leased, or otherwise conveyed;
(2)
Each owner of the open space shall be responsible for liability insurance, insurance, taxes, recovery of loss sustained by casualty, condemnation, or otherwise, and the general maintenance thereon.
d.
Specific Use Regulations for Common Open Space.
1.
No motor vehicle usage in the open space area shall be permitted except for maintenance or agricultural purposes.
2.
No cutting of any trees or destruction or removal of vegetation, rocks, or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.
3.
No alteration of any stream, pond, or lake shall be permitted unless in accordance with plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with other applicable sections of this chapter and all applicable regulations of the New Jersey Department of Environmental Protection.
4.
No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan should be in accordance with all other applicable sections of this chapter.
5.
Conservation Sewerage Easement. No sewage disposal system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a conservation sewerage easement has been designated. Such easement shall provide for future expansion of the disposal area and provide right of access by the managing organization and municipality.
6.
Stormwater Management Easement. No stormwater management system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a stormwater management easement has been designated. Such easement shall provide for future expansion of the stormwater management area and provide right of access by the managing organization and municipality.