a. Materials designated in the Borough of Keansburg Re-cycling Ordinance #976 shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:

1. For each subdivision application for fifty (50) or more single family units, the applicant shall provide a storage area of at least twelve (12) square feet within each dwelling unit to accommodate a four (4) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

2. For each subdivision application for twenty-five (25) or more multi-family units, the applicant shall provide a storage area of at least three (3) square feet within each dwelling unit to accommodate a one (1) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one (1) or more common storage areas must be provided at convenient locations within the development.

3. For each site plan application for commercial and industrial developments that utilize one thousand (1,000) square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be pro-vided to accommodate a one (1) to four (4) week accumulation of recyclable material. The Municipal Agency may require the location of one (1) or more common storage areas at convenient locations within the development. (Ord. #1045, §8.6; Ord. #1073, §1)

Planned developments, multi-family developments, and mixed use commercial residential developments shall be required to provide open space.

a. Minimum Requirements.

1. Amount of Open Space Required. At least twenty (20%) percent of the developable acreage of a tract proposed for development shall be set aside for developed and undeveloped open space.

2. Size of Open Space Parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable.

3. Location of Open Space Parcels. Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.

b. Recreation Improvements.

1. Passive recreation areas, such as pathways, seating areas and lawns, shall be provided, suit-ably arranged, throughout any multi-family site.

2. In addition, an active recreation area or areas shall be provided at the rate of at least two hundred fifty (250) square feet per dwelling unit. Outdoor play equipment shall be installed in each re-creation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to fifteen (15) square feet per unit, except no pool less than five hundred (500) square feet will be allowed, and no pool greater than three thousand (3,000) square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools.

c. Deed Restrictions. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the municipal agency that ensure that:

1. The open space area will not be further subdivided in the future.

2. The use of the open space will continue in perpetuity for the purpose specified.

3. Appropriate provisions are made for the maintenance of the open space.

4. Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

d. Open Space Ownership. 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 Municipal Agency. Type of ownership may include, but is not necessarily limited to, the following:

1. The municipality, subject to acceptance by the governing body.

2. Other public jurisdictions or agencies, subject to their acceptance.

3. Quasi-public organizations, subject to their acceptance.

4. Homeowner, condominium, or cooperative associations or organizations.

5. Shared, undivided interest by all property owners in the subdivision.

e. Homeowners Association. If the open space is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

1. The homeowners association must be established before the homes are sold.

2. Membership must be mandatory for each home buyer and any successive buyer.

3. The open space restrictions must be permanent, not just for a period of years.

4. The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

5. Homeowners must pay their pro rata share of the costs; the assessment levied by the association shall become a lien on the property and be so stated in the master deed establishing the homeowners association.

6. The association must be able to adjust the assessment to meet changed needs.

f. Maintenance of Open Space Areas.

1. In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Borough Council 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 said notice shall include a demand that such deficiencies of maintenance be remedied 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.

2. At such hearing, the Borough Council 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 shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said thirty-five (35) days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said 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 date of said year, the Borough Council 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 the Borough Council at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Municipal Body or officer in any such case shall constitute a final administrative decision subject to judicial review.

3. The cost of such maintenance by the municipality 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 said 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. #1045, §8.7)