A. Public open space or common open space shall be proposed to be provided in conjunction with applications for development for subdivisions or site plans in accordance with requirements contained herein.
B. Natural features such as trees, brooks, hilltops, and views shall be preserved whenever possible in designing any subdivision containing such features.
C. If the Master Plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Municipal Agency may further require that such streets, ways, basins, or areas be shown on the plat in locations and sizes suitable to their intended uses.
1. The Municipal Agency 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.
2. Unless during such period or extension thereof the municipality 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 developer 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.
3. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development as required for final approval.
4. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use.
a. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the 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 taxed apportioned to the land reserved and prorated for the period of reservation.
b. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
5. Any land shown on the master plan as proposed for park, playground, school site, or other public use shall be designated and reserved for such use.
D. Where it is considered appropriate by the Municipal Agency, portions of proposed open spaces may be designated for passive and/or active recreational activities.
1. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.
2. Active recreation activities may include, but are not limited to, swimming pools, tennis courts, and ball fields.
3. The location and shape of any land to be designated for recreational activities shall be approved by the Municipal Agency based on, but not limited to, the standards contained herein.
a. The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
b. The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
c. The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
d. The Board shall request and consider recommendations from the appropriate Township officials.
e. The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
f. The Board shall consider the sequence of development.
g. The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
E. Within open space areas, the Municipal Agency may require a developer to make certain site preparation improvements, which may include, but are not limited to those contained herein.
1. Removal of dead or diseased trees.
2. Thinning of trees or other growth to encourage more desirable growth.
3. Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.
4. Grading and seeding.
F. Open space areas within performance residential subdivisions shall be subject to these specific requirements and all provisions of this section.
1. Each open space area should contain a minimum of one (1) contiguous acre.
2. Open space areas should not be less than fifty (50') feet in width at any location, except where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of twenty (20') feet for a length not to exceed two hundred fifty (250') feet.
3. Where possible, certain land areas and features shall be preserved as open space.
b. Areas containing a significant number of specimen trees.
c. Existing watercourses, ponds.
d. Land with a seasonal high water table of less than two (2') feet.
e. Wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 1987 and delineated on the New Jersey Wetlands Maps prepared by the New Jersey Department of Environmental Protection and Energy.
G. 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.
1. These shall include:
a. The Township of Middletown (subject to acceptance of the Township Committee).
b. Other public jurisdictions or agencies (subject to their acceptance).
c. Quasi-public organizations (subject to their acceptance).
d. Homeowners' or condominium associations or organizations.
e. Shared, undivided interest by all property owners in the development.
2. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Agency, which insure that:
a. The open space area will not be further subdivided in the future.
b. The use of the open space areas will continue in perpetuity for the purpose specified.
c. Appropriate provisions are made for the maintenance of the open space areas.
3. No final approval of a subdivision or site plan containing open space created pursuant, to this section shall be granted until the following have been done:
a. The developer has submitted and the Municipal Agency has approved the master deed for such open space which shall include the annotation required.
b. The developer has submitted and the Municipal Agency has approved the bylaws of the organization established pursuant to Section 16-628.H.
c. The plat has been annotated to reference the dedication.
d. The developer has submitted and the Municipal Agency has approved wording to be incorporated into each contract of sale for real estate within the development as required pursuant to Section 16-628.G.4.
4. The developer shall be obligated to provide all prospective purchasers with a copy of the master deed and bylaws at least forty-eight (48) hours prior to the signing of any contract for sale and the contract of sale itself shall acknowledge that said purchasers have received copies of same.
H. The Township or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Municipal Agency shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.
1. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the Township or other governmental agency.
a. 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;
b. 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.
2. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer (Township Planner) 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.
a. Said 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.
b. At such hearing, the Administrative Officer (Township Planner) 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 cured.
c. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 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.
d. Said entry and maintenance shall not vest in the public any rights to use the open space by the owners.
Before the expiration of said year, the Administrative Officer (Township Planner) shall, upon his 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 Administrative Officer (Township Planner). 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 Administrative Officer (Township Planner) shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year.
If the Administrative Officer (Township Planner) shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township 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 Administrative Officer in any such case shall constitute a final administrative decision subject to judicial review.
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, 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 enforced and collected with intersect by the same officers and in the same manner as other taxes.
A. Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate, sections of Section 16-628 of this Chapter.
1. Sufficient outdoor play and activity equipment shall be installed in accordance with standards of the National Parks and Recreation Association for the expected number of residents in the development.
a. It should be located in an area which will not be detrimental to adjacent properties or uses.
b. It should not produce objectionable features to emanate from such facility.
c. The provision and location of such equipment shall be subject to Planning Board approval, after review by the Department of Parks and Recreation.
2. Private swimming pools in residential areas shall have a gross area of water and deck designed for the needs of the residents of the development.
a. All swimming pools shall be fully enclosed by a six (6') foot chain link or other fully approved fence equipped with gates and locks.
b. Shall have adequate lifesaving equipment.
c. Within accessory building(s), shall have adequate lavatory facilities, plus, under lock and key, storage facilities wherein shall be kept all pool chemicals and equipment.
d. All swimming pool facilities shall comply with the regulations set forth in Section 16-646 of this Chapter.
A. In order to preserve and assure the harmonious relationship of residential units to the comprehensive neighborhood pattern and to prevent undue similarity of design which may lead to undue impairment of the stability and value of residential units and produce neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety, morals, and general welfare of the inhabitants thereof and the ownership at large, no major subdivision shall be approved until the planned construction (including front, side, and rear elevations) of residential units has been reviewed and approved by the Design Committee in accordance with the standards enumerated below, or unless a waiver of these requirements has been granted by the Municipal Agency as provided for elsewhere in this Chapter.
1. The residential unit shall be of such character, quality, or architectural design, and construction materials as will assure that the proposed structure will be in keeping with the general character of the area in which it is located;
a. That the proposed structure will have a harmonious relationship to the comprehensive community plan;
b. That the proposed structure is not likely to produce any of the harmful effects which lead to neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety, morals, and general welfare of the Township at large.
2. The floor plan for each residential unit shall be sufficiently different from the existing or planned residential unit immediately adjacent to it on either side and from the existing or planned residential unit on a lot which is immediately across a street from any portion of its lot or of the adjacent lots, to be deemed sufficiently different.
a. Said floor plan shall have a substantial reorganization and relocation of the various living areas of the residential units.
b. Mere variation or room sizes or reversal of floor plans, whether from side to side or front to back shall not be construed as sufficiently different.
3. The front facade for each residential unit shall be substantially different from the front facade of any existing or planned residential unit within five (5) lots in either direction on the same side of the street from any portion of the above described lots; in the case of the corner lots, the side and rear elevations of any existing or planned residential unit or any other corner lot at the same street intersection:
a. To be deemed substantially different, the facade or side and rear elevation thereof, as the case may be, must be different in at least three (3) of the following five (5) respects:
(1) The relative location of a garage, if attached, a portico, if any, or any other such structural appurtenance with respect to the residential unit itself;
(2) The relative, location or type of windows and doors;
(3) The type or pitch of the roof;
(4) The type of siding material;
(5) The type of roofing material, or the color thereof or the pattern.
4. Not less than four (4) different residential unit floor plans together with not less than three (3) different front, side, and rear elevations for each.
a. Such floor plans and elevations shall be sufficiently different and distinct so as to meet the design standards of this Chapter.
b. Such plans and elevations shall be accompanied by a map of the tract indicating the plan and elevation to be placed on each lot in the tract.
c. In the event that the subdivider contemplates selling lots only or building custom designed and built residences, and so indicated on his application this requirement shall be waived.
