a. Under the provisions of this Chapter and the State statutes, the Township, other government agencies, the Board of Education and State, County and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses. These public agencies can accept and maintain such open space, provided that the dedication is not conditioned upon same being made available to public use.

b. Where a subdivision is required, this Chapter shall require that the developer provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development if the open space is not dedicated to the Municipality 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 Township wherein the land is located.

c. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer designated by resolution to administer this section 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 thirty-five (35) days thereof and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing the designated Municipal body or administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the thirty-five (35) days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. 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 designated Township body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by such Township body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the designated Township body or officer shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township body or officer shall determine that such organization is not ready and able to maintain the open space in a reasonable condition, the Township 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 Township body or officer in any such case shall constitute a final administrative decision, subject to judicial review.

d. If the Township body or officer is not designated by resolution to administer this section, the Township Council shall have the same powers and be subject to the same restrictions as provided in this section.

e. The cost of such maintenance by the Township 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, 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 shall be enforced and collected with interest by the same officers and in the same manner as other taxes. (Ord. #594; 1976 Code § 154-39)

a Where Applicable. If the Master Plan of the Township or the Official Map of the Township provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision, the approving authority 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 approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) 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 governmental entity having jurisdiction 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 applicant 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 subsection shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

b. Compensation to Applicant. The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be 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 taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval caused by the reservation. (Ord. #594; 1976 Code § 154-40)

a Any parcel of land receiving preliminary subdivision, site plan or planned development approval for a use other than agriculture or horticulture, notwithstanding its valuation, assessment and taxation as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), shall be valued, assessed and taxed as of January 1 of the year following such preliminary approval as other land in the taxing district, such value and assessment to be established and taxes paid in accordance with the provisions of Sections 8 and 9 of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:423.1 et seq.), provided that the provisions hereof shall apply serially to any development whose preliminary approval proposes construction in stages and separate application for final approval for each stage and only that stage of the development designated for the earliest application for final approval shall be valued, assessed and taxed, as provided herein, until Certificates of Occupancy for fifty (50%) percent of the building permits in such stage have been issued, at which time the second stage shall be valued, assessed and taxed, as provided herein, and so on until qualification for valuation, assessment and taxation pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), lapses for the last stage of such development.

b. Any parcel of land otherwise qualifying as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), for which preliminary approval shall have lapsed pursuant to law or for which the owner thereof shall have made request, in writing, to the Township Council for rescinding of such preliminary and all subsequent approvals shall be assessed, valued and taxed in the manner provided in the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), as of January 1 of the year following such lapse or rescission.

c. Any parcel of land to which the provisions of paragraph a. hereof are applicable but which cannot be developed because of the lack of available sanitary sewerage or water supply capacity necessary to serve such development shall be exempt from the operation of the provisions of paragraph a. herein for the period from January 1 of the year following the calendar year in which such development becomes impracticable because of such lack of capacity to January 1 of the year following the calendar year in which such capacity becomes available.

d. The provisions of this subsection shall apply to any parcel of land designated as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), which has tentative or subsequent planned development approval or site plan approval on the effective date of this Chapter. (Ord. #594; 1976 Code § 154-41)

a. Comprehensive Plan Required. The applicant for a planned development group shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. Plan shall be submitted in accordance with this Chapter, Chapter XXII, Site Plan Review, Chapter XXIV, Zoning, and other applicable Municipal, County and State regulations. The comprehensive plan shall be submitted as a part of the preliminary subdivision application.

b. Findings for Planned Developments. The approving authority shall find the following facts and conclusions relative to planned developments:

1. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to Chapter XXIV, Zoning, standards pursuant to State statutes.

2. That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

3. That the provisions, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

4. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

5. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

6. In the deliberation of the proposed sequence of stages, the approving authority shall be guided by the following criteria and factors:

(a) That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

(b) That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

(c) That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.

(d) That the landowner will provide a balanced distribution for development in each stage. Distribution shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.

7. The approving authority, at its discretion, may require additional documentation and study by the applicant, including:

(a) A market feasibility study and other possible study techniques of the demand for the principal proposed uses within each stage and the probable rental prices or sales costs for such facilities and other relevant market data.

(b) A cost benefit analysis or other similar study to review the relative estimated Municipal costs, services and ratable which might be anticipated for each stage of development.

(c) An operational time sequence chart of anticipated construction and completion of various stages of development, including all necessary Municipal and other governmental approvals which are required. The chart may be in the form of a Program Evaluation Review Technique (PERT) Chart.

(d) A circulation study both within the planned development and as it may affect the surrounding areas, including estimates of total automotive trips generated, peak-hour demand, present and anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned development.

c. Final Approval; Compliance with Comprehensive Plan.

1. A plat submitted for final approval shall be required to be in substantial compliance with the comprehensive plan. A plan shall be deemed to be in substantial compliance where the plat does not:

(a) Vary the proposed residential density or intensity of use by more than five (5%) percent;

(b) Involve a reduction in open space or the substantial relocation of such area nor increase by more than five (5%) percent of the floor area proposed for nonresidential use; or

(c) Increase by more than three (3%) percent the total lot coverage or five (5%) percent of the improved lot coverage nor involve the increase in height of any building greater than permitted in Chapter XXIV, Zoning.

2. Any plat which is not in compliance with the comprehensive plan shall require an amendment to the preliminary approval, including new public hearings as provided in subsection 26-3.3. (Ord. #594; 1976 Code § 154-42)