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(Last Amended 8/27/96-Source ordinance.com)
88-53.3 Recreation and open space standards [Added 6-28-83 Ord. No 1983-13].
A. Objectives.
(1) The following objectives am hereby established to guide and promote the development of a coordinated and balanced open space recreation program for the township-
(a) To provide for the recreational needs of a growing and diverse population.
(b) To reduce maintenance responsibilities.
(c) To provide flexibility as recreation needs change over periods of time.
(d) To provide alternative options in response to the individual physical characteristics associated with development projects.
(e) To prevent duplication or an imbalance of facilities.
(f) To make facilities accessible to persons with handicapping conditions.
(2) Furthermore, it is the general purpose and intent of the open space and recreation requirements that all new development in the township contribute to the overall recreation and land conservation program of the township; that passive and active recreation are of equal importance and both serve legitimate municipal health, safety and welfare purposes, that, to the extent feasible, central recreation facilities owned and maintained by the township be generally accessible to the majority of township residents, and that active recreation be centrally located in close proximity to population centers and existing recreation facilities. such as the schools and township-owned recreations lands, and that passive open space be utilized to create an integral community [Added 4-12-88 by Ord No.1988-2].
B. Off- Street space, contributions for requirements [Amended 4-12-1988 by Ord. No.1988-2].
(1) All subdivisions which result in ten (10) or more dwelling units shall set aside no less than ten percent (10%) of the total area of the subdivision for off-street recreation and open space.
(2) Notwithstanding any open space provisions of this chapter requiring that the open space be located on the property which is the subject of the proposed development, the Township Council, at its own discretion, may require the applicant/developer of the property to contribute an amount of money to the township, in lieu of all or part of the open space requirement. Said contribution shall be for the purpose of financially assisting the township to purchase open space in the municipality on other tracts for recreation, passive or active open space, for preservation purposes or for financially assisting the township with respect to the construction of a community center thereon The contribution shall be placed by the township in an interest-bearing account known as 'Open Space Recreation Trust Fund'. The Township Council shall have unfettered discretion in locating the property and providing for the development of the off-tract open space. The amount of the contribution shall be determined by the Township Council based upon the recommendation of the Tax Assessor and the Township Engineer. The recommendation shall be based on the value of the open space after subdivision approval has been granted, the applicant/developer is not required to set aside, the value of the off-tract open space purchased or to be purchased, and the cost of the improvements to be placed thereon. The developer shall submit an appraisal of the value of the open space which the township is permitting the developer to utilize, and the Township Council shall determine the amount of contribution which shall be thirty percent (30%) of the value of said open space. In the event of a dispute, the township and the developer shall prepare separate appraisals of the valuation of the increase and submit the same to the American Arbitration Association for a determination as to the amount of the contribution. The amount of the contribution shall be thirty percent (30%) of the amount of the value of the land as determined by the Township Council or the American Arbitration Association, whichever the case may be. As part of the submission to arbitration, the developer shall post an escrow, the amount determined by the township to be the contribution, said amount to be increased or decreased, depending upon the outcome of the American Arbitration Association decision. Said fund shall be placed in an escrowed interest hearing account.
(a) As an incentive to encourage developers to cooperate with the municipality in its efforts to produce a contribution system, bonuses may be granted under the formula in §103-24C [Amended 8-27-1996 by Ord. No.1996-05].
(b) The number of bonus units shall be exclusively determined by the chart set forth in this subsection. The units, as constructed, shall be consistent with the clustering concept contained in the preliminary approval obtained from the Planning Board and/or Zoning Board of Adjustment, as the case may be, on the respective application.
BP Business Park.
(c) With respect to the BP Business Park contributors, the amount of the required contribution shall also be based upon the increased value of the land resulting from the increase in the allowable building coverage. The developer shall submit an appraisal of the valuation of the increase to the township who shall review the same with the township appraiser, and the Township Council shall determine the amount of the contribution which shall be thirty percent (30%) of the amount of the increased value as determined by the Township Council. In the event of a dispute, the township and the developer shall prepare separate appraisals of the valuation of the increase and submit the same to the Society of Industrial Appraisers for a determination as to the amount of the contribution. The amount of the contribution shall be thirty percent (30%) of the amount of the increased value determined by the Township Council or the Society of Industrial Appraisers, whichever the case may be [Amended 8-27-1996 by Ord. No.1996-05].
(d) Immediately upon determination of completeness, the Planning Board shall refer an application for preliminary approval of a major subdivision and major site plan or cluster to the Township Council for the contribution decision as per this section. The Township Council shall make its decision within thirty (30) days of the date of the receipt of the application or, in any event, within the time period allowed for the decision by the Planning Board with respect to the preliminary approval. If a contribution is required, the Planning Board shall condition all approvals upon the receipt of said contribution in the amount and at the time determined by the Township Council.
C. Open space and recreation sites proposed for dedication shall be large, useful and usable parcels, and not small, fragmented and isolated pieces of land. If, in the opinion of the Planning Board, the proposed open space, recreation areas and facilities do not conform to the township's current programs and policies, that portion of the plan so affected shall be revised by the applicant as directed by the Planning Board Any recreation and open space modifications shall be deemed to be minor plan amendments not having a major impact on the basic housing concept and, therefore, shall not be subject to further public hearings to accomplish such plan changes. As a minimum, any modified and substituted facilities should be equivalent in dollar value, except for the provision of night lighting.
D. This ten percent (10%) area shall not include rights-of-way, easements, (except easements across open space), retention and detention ponds, man-made or natural, or flood plains.
E. The applicant should try to create open space and recreation parcels not less than one-half (1/2) acre in size if possible. Wherever possible, one (1) open space recreation site per development should be provided.
F. All proposed recreation areas shall have minimum grades sufficient to permit active recreation facilities. All recreation areas and open space shall have a detailed grading plan submitted at the time of preliminary application.
G. The method of preserving such areas for recreation and open space shall be by dedication to the township or a homeowners association, or other means approved by the Planning Board.
H. In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features. With respect to open areas, and accessways where deemed necessary by the Planning Board, such areas shall be covered with approved plantings such as seedlings or permanent ground cover that will eliminate repetitive maintenance such as grass cutting. All stream banks and swales shall be covered with a maintenance free ground cover and/or suitable engineering improvement, such as riprap, as required by the Planning Board Slopes over 51 may be in grass.
I. The developer shall install as a minimum the following recreation facilities or the equivalent if approved by the Planning Board on the land which has been set aside for these purposes.
II.The mix of facilities shall be determined by the Planning Board.
J. Each recreation area shall also contain one (1) free-standing shelter building as manufactured by Game time, #2824, or equivalent.
K. The size of the ballfields and baselines and soccer and football fields shall be determined by the Planning Board.
L. The playgrounds shall be one (1) or more of the models shown in the construction specifications or equivalent as determined by the Planning Board.
M. Unless waived by the Planning Board, all facilities, except playgrounds, shall be lighted in accordance with the following guidelines:
(1) The number and type of existing and lighted facilities in the neighborhood.
(2) The proximity to adjacent residential dwellings.
(3) The anticipated service level.
(4) The need for lighted facilities according to the following list in order of priority.
(a) Ballfields.
(b) Basketball courts.
(c) Tennis courts.
(d) Hockey courts.
N. Wherever possible priority shall be given to locating playgrounds in wooded areas, and adjacent to local residential streets.