A. All major subdivisions and residential site plans of six units or greater shall be required to provide open space. Developed open space is designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space is designed to preserve important site amenities and environmentally sensitive areas.

B. Minimum requirements.

(1) Amount of open space required. Ten percent of the buildable area of the tract proposed for development shall be set aside for undeveloped and developed 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 and meet or exceed minimums set by the NRPA, National Recreation and Parks Association, or other standards acceptable to the approving authority.

(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.

C. Improvement of open space parcels.

(1) Developed open space. The Board or other approving authority may require the installation of recreational facilities and site improvements, taking into consideration:

(a) The character of the open space land.

(b) The estimated age and the recreation needs of persons likely to reside in the development.

(c) The proximity of municipal recreation facilities.

(d) The cost of the recreational facilities.

(e) The landscape requirements set forth in this chapter.

(2) Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as the cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a development to make other improvements, such as the removal of dead or diseased trees and thinning of trees or other vegetation, to encourage more desirable growth, planting, grading and seeding.

D. Exceptions to the standards. The Planning Board may permit minor deviations from open space standards when it can be determined that:

(1) The objectives underlying these standards can be met without strict adherence to them; and

(2) Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

E. Deed restrictions. All lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

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

(2) The open space area 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.

F. 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 Board. The type of ownership may include but is not necessarily limited to the following:

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

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

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

(4) Homeowners', condominium or cooperative associations or organizations.

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

G. Homeowners' association. If the open space is owned and maintained by a homeowners' 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 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 cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

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

H. 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 Mayor and Council or Administrator 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 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

(2) At such hearing, the Mayor and Council or Administrator may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 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 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 Mayor and Council or Administrator shall, upon their initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Mayor and Council or Administrator, 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 Mayor and Council or Administrator shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Mayor and Council or Administrator shall determine that 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 the 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.

[Added 3-24-1998 by Ord. No. 8-98]

A. The Planning Board of the City of Long Branch shall utilize the Commercial Facade Design Kit, a four-part pamphlet series on file with the Planning Department of the City of Long Branch, in overseeing and requiring new development and renovations of existing structures in all commercial areas of the City of Long Branch.

B. The Zoning Board of Adjustment shall utilize the Commercial Facade Design Kit, a four-part pamphlet series on file with the Planning Department of the City of Long Branch, in overseeing and requiring new development and renovations of existing structures in all commercial areas of the City of Long Branch.

C. The concepts and regulations contained in the four-part Commercial Facade Design Kit shall be followed by the appropriate Boards for all new development and renovations of existing buildings in all commercial zones of the City in order to ensure aesthetically pleasing and architecturally consistent design throughout the City of Long Branch.

D. The references in the Commercial Facade Design Kit to the Broadway Corridor shall not limit the application of the designs, comments and regulations in the design kit to that area solely and that the City specifically desires the information and standards contained in the Commercial Facade Design Kit to apply to all commercial zones in the City of Long Branch.