[Added 6-8-1998 by Ord. No. 15-98] Off-street parking requirements for residential developments shall be in compliance with, and all parking areas shall be designed and constructed in accordance with, Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.
Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:
A. Open space requirements. For the purposes of this section, the term "open space" is defined to mean any area of land (exclusive of lot yard requirements, streets, utility rights-of-way and detention basins) or water which is open to the sky and which is dedicated, designated or set aside for active or passive recreational use. Open space areas within developments in the MF, MHP, PRC, PMURD, PMUD, R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 zoning districts shall be subject to all provisions of this section and the following specific requirements:
[Amended 5-12-2003 by Ord. No. 6-03]
(1) A minimum of 40% in the MF Zone; 30% in the MHP PRC, PMURD and PMUD Zones; and 10% in the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 Zones of the tract of land proposed for development shall not be included in building lots or streets and shall be set aside for open space. In the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 Zones, the requirement applies to subdivisions of 10 lots or 10 units or more.
(2) Each open space area shall contain a minimum of two contiguous acres.
(3) Where feasible, the following land areas and features should be preserved as open space:
(a) Floodway and flood hazard areas, as defined in Chapter 210, Flood Damage Prevention, of the Code of the Township of Jackson.
(b) Freshwater wetlands and adjacent buffer areas under the jurisdiction of the New Jersey Department of Environmental Protection.
(c) Land with slopes in excess of 15%.
(d) Existing watercourses, ponds, bogs and swamps.
(e) Land with a seasonal high water table of less than two feet. Atsion, Berryland, Manahawkin, Mullica and Shrewsbury soils usually have a seasonal high water table of less than two feet.
(4) Within any development, a minimum of 50% of the open space area shall be land which can be developed for recreational use and shall be exclusive of the types of areas cited in Subsection A(3) above or required buffer areas. Stormwater management facilities shall not be included in the usable open space. If more than 50% of a tract of land is undevelopable wetlands, then the Planning Board may waive the open space requirement. Recreation facilities in accordance with § 244-200 may be constructed on the usable open space.
B. Site preparation. 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 the following:
(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.
C. Reservation of public areas.
(1) If the Township Master Plan 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. 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 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 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. 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 and required for final approval.
(2) The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. 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 shall not be limited to consideration of the real property tax apportioned to the land reserved and prorated for the period of reservation. 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.
D. Open space ownership.
(1) 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 and may include but is not necessarily limited to the following:
(a) The Township of Jackson, subject to acceptance by 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 ensure 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 purposes specified.
(c) Appropriate provisions are made for the maintenance of the open space areas.
E. Maintenance of common open space.
(1) 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 space be dedicated or made available to public use.
(2) 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. 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.
(3) Failure to maintain; hearing.
(a) In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Attorney 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 cured within 35 days or any permitted extension thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.
(b) At such hearing, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. 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.
(c) Before the expiration of said year, the Township Attorney 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 15 days' written notice to such organization and to the owners of the development, to be held by the Township Attorney, 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.
(d) If the Township Attorney 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 Township Attorney shall determine that 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 Township Attorney in any such case shall constitute a final administrative decision subject to judicial review.
(4) 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 shall 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 5-12-2003 by Ord. No. 6-03]
A. All residential developments which will result in five dwelling units or more shall provide recreational facilities in accordance with the requirements of this section. The developed open space shall consist of developable land devoid of buildings and other physical structures except for outdoor recreational facilities.
(1) Land provided in accordance with this section shall be provided in a single area or in individual parcels to accommodate the proposed recreation, but in any case not less than one acre in size.
(2) For the purposes of this section, a single-family detached house shall be deemed to contain three persons; a townhouse shall be deemed to contain 2.5 persons; and a garden apartment shall be deemed to contain two persons.
(3) Development of open space area improvements and construction of recreational facilities shall progress at the same rate as development of the dwelling units. An overall phasing plan should be submitted prior to final approval.
B. The location, form and design of such areas shall be approved by the reviewing board. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this section. Wherever possible, recreation sites should be located next to adjacent school sites. The applicant shall determine with the Township's approval whether the land to be utilized for recreational purposes shall remain for private recreational uses or be dedicated for public use.
(1) Open space areas that will be maintained by a homeowners' association or other private entity shall be recorded in the master deed and/or homeowners' documents for each project. This will ensure permanent preservation of the open space. Such documents shall be submitted to the Planning Board prior to final approval of the project.
C. Exception. In special circumstances where the development will result in at least five but no more than 10 dwelling units or where, due to the size, location and design requirements of the development, it is not feasible in the opinion of the reviewing board to set aside such area or areas for developed open space, the applicant shall make payment in lieu of the provision of such open recreation land to the Township. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of or improvement of public recreational open space. Additionally, developers of five or more units in the FA-1, FA-2 and FA-3 Zones shall make a payment in lieu of providing facilities, since only low-intensity recreation is permitted in these zones. (See §§ 244-82A, 244-83A and 244-84A.)
(1) The required amount of the contribution in lieu of providing recreation facilities and equipment that would otherwise be required for the proposed development shall be estimated based upon the value of the land and the improvements. This estimated cost shall also account for the value of the additional lots that the developer shall have for sale as a result of not providing recreational space.
D. Improvements. The developer shall install, as a minimum, the following recreational facilities or their equivalent on the land which has been set aside for recreational purposes.
(1) The developer's recreation plans shall be submitted to the reviewing boards for review and approval. The Board and its professional planner and engineer shall evaluate the plans in terms of the following considerations:
(a) District parks and preservation areas. A minimum standard of 10 acres per 1,000 persons is recommended. Large tracts of 50 acres or more are preferable to scattered sites. Lands with mature vegetation, high scenic qualities, historical significance, or other unique characteristics are especially recommended.
(b) Neighborhood playgrounds. A minimum standard of two acres per 1,000 persons is recommended. Individual sites should be three to five acres in size and within walking distance of the people served. Separate play areas for age groups one through five, six through ten and eleven through fifteen should be included. Equipment for these areas should be based on the recreation needs for each age group.
[1] Infants through five-year-olds should have a sand area, small swings, static play animals, a small sliding board, and other similar equipment. A sitting area for parents should be provided in close proximity to the play areas. Tricycle space and pavement should be a part of this area.
[2] Children through 10 years old are interested in movement, slides, seesaws, balance beams, rope climbing areas, chin-up bars and other similar equipment.
[3] Children 11 through 15 are interested in two kinds of spaces, a general use field where a Frisbee or a football can be thrown and a space of identity for the age group. Bicycle paths and hills, jumps and other similar features are recommended in this area. Landscaping should provide shade and separation for each area.
(c) Tennis courts. A recommended standard is one court per 1,500 persons.
(d) Baseball diamonds. A recommended standard is one diamond for every 3,000 persons.
(e) Softball diamonds. A recommended standard is one softball diamond for every 2,000 persons.
(f) Football fields. A recommended standard is one football field for every 10,000 persons.
(g) Soccer fields. A recommended standard is one field per 3,000 persons.
(h) Lacrosse/field hockey fields. A recommended standard is one field per 4,000 persons.
(i) Multipurpose/general-use fields. A recommended standard is one field per 6,000 persons.
(j) Basketball courts. A recommended standard is one hard-surface play area with basketball nets for every 2,000 persons.
(k) Picnic areas. One acre per 1,000 persons is recommended. This use may be part of a district park.
(l) Bike trails. One mile of five-foot-wide bituminous trail for each 1,000 persons is recommended. These trails should link homes with local recreation and service opportunities.
(m) Jogging and fitness trails. One mile per 1,000 persons is recommended. These should be integrated into district parks or create linkages to other recreation areas.
(n) Volleyball courts. A recommended standard is one court per 2,000 persons.
(o) Street hockey. A recommended standard is one street hockey rink per 8,000 persons.
(p) Community pools. A recommended standard is one community pool for every 25,000 persons.
(q) Golf courses. A recommended standard is one golf course per 25,000 residents.
(2) All improvements, play surfaces and equipment shall be constructed and installed to current industry standards and in compliance with all relevant laws, subject to review and approval by the Township Engineer.
A. When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:
(1) Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season; and
(2) A solid and uniform fence at least five feet in height on four sides of said equipment; or
(3) A masonry wall at least five feet in height on four sides of said equipment; or
(4) Extensions of parapet walls or mansard rooflines or structural or ornamental screens or baffles; or
(5) Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.
B. The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.
A. The design and construction or approval of all public systems or extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Jackson Township Municipal Utilities Authority or Ocean County Utilities Authority, as the case may be.
B. Prior to the approval of any final plat of a subdivision or site plan, the full approval of any sewage disposal system must have been obtained from the appropriate Utilities Authority and filed with the municipal agency, or the final approval will be conditioned upon full approval of the appropriate Utilities Authority.
C. Septic systems.
(1) In the event that the appropriate Utilities Authority determines that the lots in any subdivision or site plan cannot be served at the time of application by a public sewage disposal system, septic systems may be installed, provided that:
(a) The requirements of state statute, including the New Jersey Realty Improvement Sewerage and Facilities Act, are met.
(b) They are installed in accordance with the regulations of the Ocean County Board of Health.
(c) The minimum lot size shall not be less than 40,000 square feet. However, the Ocean County Board of Health may require a larger lot size if it deems such increased lot size is necessary for such purposes. In the Pinelands Area of the Township, minimum lot size shall be one acre.
(d) If any existing land drainage structures, such as french drains, are encountered during the course of construction of any development, no septic system or any part thereof shall be installed on any lot within 400 feet thereof without the prior approval of the Ocean County Board of Health. Such approval shall only be granted if new percolation tests, taken at least two months after such drainage structures are removed, show that satisfactory soil conditions exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of the Township residents or cause pollution of any of its water.
(e) The developer conforms to all conditions set forth in the report of the Utilities Authority which originally provided that public sewage was not available.
(2) Mounded disposal fields shall only be permitted upon approval by the New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:9A-1.1 et seq.
D. All private development utilizing public sewerage collection shall be required to utilize a public water supply. [Added 12-23-2002 by Ord. No. 50-02]
[Added 2-26-2008 by Ord. No. 08-08]
A. Notwithstanding any provision to the contrary in Chapter 244, sidewalks and curbing shall be required along all street frontages as a condition relating to any development for which approval is granted by the Planning Board or Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of §§ 244-186 and 244-187, and the proposed sidewalk shall be designed and constructed in accordance with the requirements of §§ 244-204 and 244-205.
B. Payment in lieu of sidewalk and curbing.
(1) Any developer seeking approval may request a waiver of the requirement to install curbing and sidewalks along all street frontages of the subject property by agreeing to pay a sum to the Jackson Township Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.
(2) In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:
(a) The presence or absence of curbing and sidewalks in the general vicinity of the subject property.
(b) The practical difficulty as established by the applicant of installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns and/or the deleterious impact or surrounding properties as a result of the installation of such improvements.
(c) The recommendation of the Board or Township Engineer.
C. Jackson Township Pedestrian Safety Fund.
(1) There is hereby established the Jackson Township Pedestrian Safety Fund (hereinafter "fund").
(2) Said fund shall be dedicated to pay for the cost of designing and constructing various ped estrian safety projects within Jackson Township.
(3) All monies paid by developers in accordance with this section shall be deposited into said fun d.
(4) The Chief Financial Officer of the Township is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Township Engineer for designated pedestrian safety improvements.
