Washington Township
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Open Space Regulations
§ 285-174 Objectives.
In order to protect and preserve the open space of the Township and to further the public health, safety, morals and general welfare, the following statement of objectives is set forth:
A.
To encourage innovations in residential development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings.
B.
To encourage a more efficient use of land and of public services, or private services in lieu thereof.
C.
To provide for a contiguous and integral open space system.
D.
To conserve the value of the land.
E.
To encourage more flexible land development that will preserve and enhance natural resources such as streams, lakes, floodplains, high water table, wooded areas, wetlands, steeply sloped areas and areas of unusual importance to the natural ecosystem.
F.
To provide that open space within developments shall be planned and designed to achieve the Township's goal of ensuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the development and that those portions of the Township which, because of their natural features, constitute important visual amenities and environmental resources are preserved; and that common open space configuration within a development may be evaluated in terms of inventories of the natural features of the site, recreation demand projections prepared by the applicant and a plan indicating the general location of common open space areas for natural preserves and for active recreational purposes.
§ 285-175 Required open space in residential developments.
[Amended 3-12-2003 by Ord. No. 4-2003]
A.
In all residential developments, except Planned Residential One, Two and Three, which will result in 10 or more dwelling units, not less than 15% of the total area shall be set aside for open space combining active and passive recreation uses.
B.
This 15% shall not include easements, wetland areas and buffers (transition areas), stormwater basins, rights-of-way or areas designated as open space because of natural characteristics cited in § 285-174E. The location, form and design of such areas shall be approved by the Planning Board or Zoning Board. The area specifically designated for open space shall be fully usable for its intended purpose and shall have all improvements as required by this article. The size and location of all active recreation areas are to be determined by the Planning Board or Zoning Board.
§ 285-176 Standards.
A.
The designated active recreation areas which may be used for recreational purposes shall not contain grades that prevent the construction of recreational facilities.
B.
The open space should be appropriately located so that it is easily accessible to the maximum number of residents of the development.
C.
There should be a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible.
D.
The configuration of the open space area should be so arranged that the connections can be made to existing or future adjacent open spaces where desirable.
E.
Open space areas should be located to preserve unique characteristics of the site such as woodlands, streams and topography, or characteristics cited in § 285-175B.
F.
Portions of the open space should be developed to afford both passive and active recreational opportunities.
G.
The usage of open space should be appropriate, but not limited to the residents of the development it serves.
§ 285-177 Required active recreational facilities in residential developments.
A.
Minimum requirements. In all residential developments which require recreation facilities, the developer shall install, as a minimum, the following recreational facilities on the land which has been set aside for recreational purposes. The Planning Board may, at its discretion, alter the schedule of active recreation facilities required. Equivalent facilities may be specified by the Planning Board. Developments containing fewer than three dwelling units are not required to provide recreational facilities.
Dwelling Units | Tot Lots1 | Tennis Courts1 | Basketball Courts2 | Playgrounds2 | Softball Fields3 | |
|---|---|---|---|---|---|---|
3 - 24 | 1 | --- | --- | --- | --- | |
25 - 50 | 1 | --- | --- | --- | --- | |
51 - 150 | 1 | 1 | 1 | --- | --- | |
151 - 200 | 2 | 2 | 1 | --- | --- | |
201 - 250 | 2 | 2 | 1 | 1 | 1 | |
251 - 350 | 2 | 3 | 1 | 1 | 1 | |
351 - 450 | 3 | 4 | 2 | 1 | 1 | |
NOTES: 1 Plus one for every 100 additional units. | ||||||
2 Plus one for every 300 additional units. | ||||||
3 Plus one for every 400 additional units | ||||||
B.
Tot lots.
(1)
Each tot lot shall contain, as a minimum, the following:
(a)
Two benches, not less than six feet in length, with back supports.
(b)
One four-seat swingset with parallel overhead bars, animal seats and push-pull handles.
(c)
One three-seat infant swingset, containing infant chair seats with safety bars.
(d)
One two-unit seesaw set.
(e)
One whirl, not less than 10 feet in diameter.
(f)
One slide, not less than five feet high.
(g)
One ten-foot slide.
(h)
One jungle gym climber, not less than five feet high.
(i)
Two shade trees located near each bench, with a minimum tree caliper of three inches.
(2)
The lot shall be enclosed with a chain-link fence four feet high.
(3)
The ground area shall be covered with six inches of sand.
(4)
A four-foot concrete sidewalk shall connect the tot lot with the adjacent residential sidewalks.
C.
Playground. Each playground shall contain a minimum of the following:
(1)
One tot lot.
(2)
One play area with a minimum of the following equipment:
(a)
One major central piece of apparatus similar to a tumble gym.
(b)
One horizontal ladder, not less than 16 feet long.
(c)
One slide, not less than 10 feet high.
(d)
One six-seat adult swingset.
(e)
One wooden lug component play structure containing a slide, a climber, a ladder and a swing.
(f)
One whirl or merry-go-round, not less than 12 feet in diameter.
(g)
One triple arch climber, not less than 10 feet high.
(h)
Two benches, not less than six feet in length, with back supports.
(i)
Two trees at each bench with a minimum caliper of three inches.
(4)
A field area, not to be less than one acre.
D.
Modification, waiver of requirements; cash contribution.
[Amended 7-19-2001 by Ord. No. 19-2001]
(1)
The requirements of this article relating to the contribution of active and passive recreation facilities and the requirements of § 285-175 relating to the total percentage of open space required within a development may be modified and/or waived by the Planning Board, with the consent of the applicant, upon the Planning Board's determination that both the area local to the development and the Township's park and recreation needs would be better served by a cash contribution.
(2)
In regard to the waiver or modification of open space as it relates to the construction of active and passive recreation facilities, the Township Parks and Recreation Commission shall be consulted on the generic provisions of the cash contribution. These contributions shall be placed in the parks and recreation capital improvement fund.
(3)
With respect to the open space requirements discussed in § 285-175, the Township Council shall be consulted on all applications where this article is applicable. Written recommendations of the Open Space Committee shall be requested by the applicant 45 days in advance of any vote on the application. Cash contributions related to waiver of the open space requirements shall be placed in the Open Space Trust Fund account.
(4)
The amount of the contribution for waiver of recreational facilities required pursuant hereto shall be determined by the Township Council on the estimated cost of the passive and active recreation facilities and equipment that would otherwise be required for the proposed development and shall be prorated over the total number of building lots, as shown on the preliminary plans submitted by the applicant and approved by the Planning Board, in order to determine a per-lot amount.
(5)
The amount of the contribution for waiver of the open space provisions discussed in § 285-175 shall be determined by the Township Council in consultation with the Open Space Committee, on the site-specific value of the open space lands that would otherwise be required for the development, and shall be prorated over the total number of building lots, as shown on the preliminary plans submitted by the applicant and approved by the Planning Board, in order to determine a per-lot amount.
(6)
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chair, Planning Board Secretary and Township Clerk, and shall be equal to the per-lot amount times the number of building lots shown on the final plans. The Planning Board Secretary shall collect the funds and forward them to the Township Treasurer who shall deposit said funds into the appropriate deposited in the Township accounts and designated to be used to offset the cost of parks and recreation capital improvement projects or Open Space Trust Fund acquisitions, as stipulated in this article.
§ 285-178 Timing of construction of recreational facilities; posting of areas.
A.
All required facilities shall be completed before 51% of the certificates of occupancy are issued for the completed section, but in any event all recreation facilities shall be completed prior to the issuance of certificates of occupancy for units which are immediately contiguous to such recreational facilities.
§ 285-179 Ownership and maintenance of open space.
A.
The locations, types, uses, design and development of any open space shall be coordinated so as to achieve the purposes of this article. Where the Township deems appropriate, it may accept dedications of ecologically sensitive areas and active recreation facilities in order to promote adequate control and preservation of natural drainage systems throughout the region. In order to secure proper open space, the developer shall dedicate such land to the Township.
B.
The Township shall require a maintenance guarantee to be posted with the Township Council which will assure that open space to be dedicated to the Township shall be maintained and/or restored to an acceptable condition by the developer prior to acceptance of the deed by the Township.
C.
Any open space where ownership is retained privately, as in a rental project, or semipublicly, as in a nonprofit homeowners' association, shall be exclusive of the requirements for open space, as provided for in this article. Such private and semipublic areas shall not be used to meet the required 10% of area to be set aside, as specified in § 285-177. In the case of private or semipublic areas, the developer shall either:
(1)
Retain ownership of the open space, but only in rental, commercial or industrial projects; or
(2)
Provide for and establish one or more organizations for the ownership and maintenance of all open space. Each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization. The procedures for establishing such an organization and for maintaining the open space shall be in accordance with N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
§ 285-180 Lots abutting a public street.
All lots must have a minimum fifty-foot-wide area abutting and contiguous to the right-of-way of a public street, except for lots on a cul-de-sac street that are pie-shaped, in which case the abutting area may be reduced to 30 feet in width.