Woodbine City Zoning Code
§ 26-22.2
Requirements.
[Added 6-16-2022 by Ord. No. 606-2022]
All cluster single-family residential developments shall meet the following requirements:
a.
The minimum size of a tract of land proposed for development under the cluster development provision of this Chapter shall be 30 acres, including the areas of existing streets and water areas within the tract boundary lines provided they total no more than 5% of the tractarea.
b.
Total lots permitted shall be calculated by subtracting 15% of the site area as an allowance for streets and dividing the remaining land area by the minimum required lot size for nonclustered lots in the applicable zoning district.
c.
d.
All land area not included in lots and/or utilized for street rights-of-way shall be delineated on the plat submitted to the Planning Board and shall be offered to the Borough without charge. A portion of this land area, such portion equivalent to a minimum of 20% of the total tract of land proposed for development, shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designated in accordance with the requirements stipulated in Subsection 26-22.2e (Requirements). All lands not accepted by the Borough shall be owned and maintained by a Homeowners' Association. In any case, all streets within the development shall be dedicated to the Borough; however, the Borough shall not be responsible for the maintenance of the streets until officially accepting their dedication.
e.
At least 20% of the total tract of land proposed for development shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designed as follows:
1.
The minimum contiguous acreage of each parcel shall be two acres.
2.
Lands set aside for recreational purposes shall be improved (including but not limited to equipment, walkways and landscaping) by the developer in order to qualify the lands for acceptance by the Borough, as required by the Planning Board.
3.
All land areas shall be optimally related to the overall plan and design of the development and improved to best suit the purposes for which intended.
f.
The lands offered to the Borough shall be subject to review by the Planning Board which, in the review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Borough, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Borough's accepting any lands to be offered to the Borough.
g.
Every parcel of land offered to and accepted by the Borough shall be conveyed to the Borough by deed at the time final plan approval is granted. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this Chapter pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Borough simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.
h.
A Homeowners' Association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas and other lands which would otherwise be dedicated to the Borough, shall be in accordance with the following provisions:
1.
Membership in any created Homeowners' Association by all property owners shall be mandatory. Such required membership in any created Homeowners' Association and the responsibilities upon the members shall be in writing between the association and the individual, in the form of a covenant, with each member agreeing to the liability for the pro rata share of the association's costs, providing that the Borough shall be a party beneficiary to such covenant and entitled to enforce its provisions.
2.
Executed deeds with restrictions stating that the prescribed uses of the lands in the common ownership shall be absolute and not subject to reversion for possible future development shall be tendered to the Borough simultaneously with the granting of final subdivision approval.
3.
The Homeowners' Association shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the Homeowners' Association and shall hold the Borough harmless from any liability.
4.
The assessment levied by the Homeowners' Association shall become a lien on the private properties in the development. The duly created Homeowners' Association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any purposes only.
5.
The Homeowners' Association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development. Before a final approval, copies of the bylaws, covenants, model deeds and articles of incorporation shall be submitted to the Borough for review and approval.
6.
The developer shall provide a procedure by which lands will be transferred to the Homeowners' Association. This schedule shall be based on a percentage of the lots and/or homes sold or occupied. The bylaws of the Homeowners' Association should include provisions which will ensure that the maintenance responsibilities for the commonly owned land are the obligation of the association.
Prior to preliminary approval, the developer shall submit preliminary public water and/or public sewer system plans for the dwelling units in the development. Prior to final approval, the developer shall submit final plans for these systems which shall have been approved by the local and/or County Board of Health and the State Department of Environmental Protection.
(a)
No Certificate of Occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the said structure are properly completed and functioning.