§ 294-118. Open space.

A. Purpose. It is the general purpose and intent of the open space and recreation requirements for residential development that all new residential developments in the growth areas of the township contribute to the overall recreation program of the township, in consideration of permitted development at higher densities; 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, particularly in the residential zones, and active recreation be centrally located in close proximity to existing recreation facilities, such as the schools and township-owned recreation lands; and that active recreation, designed or located such that the potential users of said facilities are limited to a certain development or portion thereof, be owned and maintained by private homeowners' associations and not the township through general tax dollars.

B. Open space. The following shall be the minimum open space requirements for the uses permitted in the residential zones:

(1) Single family detached (septic): ten percent (10%) of the total tract, of which one-half (1 /2) must be used for active recreation in accordance with Subsection C(1) below.

(2) Single-family detached (sewer): fifteen percent (15%) of the total tract, of which one-half (1/2) must be used for active recreation in accordance with Subsection C(1) below.

(3) Single-family attached: twenty percent (20%) of the total tract, of which one-half (1/2) must be used for active recreation in accordance with Subsection C(1) below.

(4) Multifamily residential: twenty-five percent (25%) of the total tract, of which one-half (1/2) must be used for active recreation in accordance with Subsection C(1) below.

C. Active recreation requirements.

(1) The following shall be the minimum active recreation requirements for the residential zones, based on the number of approved units:

(a) Fifty (50) units or more:

(i) Two (2) tennis courts, plus one (1) tennis court for each twenty-five (25) additional units.

(ii) One (1) basketball court, plus one (1) basketball court for each fifty (50) additional units.

(iii) One (1) tot lot, plus one (1) tot lot for each fifty (50) additional units.

(iv) One (1) ball field, regulation ninety-foot diamond (two (2) acres).

(v) One (1) multipurpose turfed area of at least one hundred by one hundred (100 x 100) feet, plus one (1) multipurpose turfed area for each fifty (50) additional units.

(b) Twenty-five (25) to fifty (50) units:

(i) One (1) tennis court.

(ii) One-(l)basketball court.

(iii) One (1) tot lot.

(iv) One (1) ball field (two (2) acres).

(v) One (1) multipurpose turfed area at least one hundred by one hundred (100 x 100) feet.

(c) Ten (10) to twenty-five (25) units:

(i) One (1) tennis court.



(ii) One (1) tot lot.

(d) Ten (10) units or less: cash contribution in accordance with Subsection E below.

(2) All active recreation constructed shall be dedicated to a homeowners' association created pursuant to § 294-119, unless the township specifically agrees to accept dedication pursuant to the developer's request.

D. All recreation areas or facilities shall be designed in accordance with § 294-120 of this Article.

E. Contribution in lieu of construction of active recreation. In lieu of construction of the active recreation required by Subsection C(2) above, the Planning Board may request that the developer make a contribution of one thousand five hundred dollars ($1,500.) per unit to a Recreation Trust Fund maintained by the township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of township residents. Said contribution shall be paid at the time of final approval. The land required to be used for active recreation pursuant to Section 294-118 C(1) above shall thereafter be used for passive recreation, unless the township elects to construct active recreation facilities thereon at the township's expense. [Amended 10-18-94 by Ord. No. 019-94; 4-27-04 by Ord. No. 0-10-04]

§ 294-119. Organization for ownership and maintenance of common open space.

A. In order to secure proper improvement and maintenance of all common open space in any proposed development, the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space. Such organization shall not be dissolved nor shall it dispose of any common space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the township or other governmental agency designated by the township. The Planning Board shall make findings concerning the operation of the organization for the ownership and maintenance of any common open space. It shall consider the following:

(1) Time when organization is created.

(2) Mandatory or automatic nature of membership in the organization by resident or successor.

(3) Permanence of open space safeguards.

(4) Liability of organization for insurance, taxes and maintenance of all facilities.

(5) Provision for pro rata sharing of costs and assessments.

(6) Capacity of the organization to administer common facilities and preserve the benefits of common open space.



B. In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the township governing body may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and 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. At such hearing, the township governing body may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within the said thirty-five (35) days or any extension thereon, the township governing body, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the township governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon fifteen (15) days written notice to such organization or to the residents and to the owners of the development, to be held by the township governing body, at which hearing such organization, or the residents and owners of the development, shall show cause why such maintenance by the township shall not, at the election of the township governing body, continue for a succeeding year. If the township governing body shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the township governing body shall not continue to maintain said open space for a succeeding year. If the township governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the township governing body may, at its discretion, continue to maintain said common open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the township governing body in any such case shall constitute a final administrative decision subject to judicial review.

**Webmasters Note: The previous sections, 294-118.C(1)(d) through 294-119.B, have been amended as per Supplement No. 9-30-04.

C. The cost of such maintenance by the -township shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development.

§ 294-120. Recreation.

A. All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection's publication, Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.

B. All recreation areas and facilities shall be located and planned so as not to create a nuisance for adjacent dwelling units.

C. To the extent feasible, all recreation areas and facilities shall be located so as to be accessible to the majority of township residents unless those areas are to be owned and maintained by a private association for use by the members of said association.

D. All recreation areas and facilities shall be properly fenced or screened as appropriate to protect the use and enjoyment of adjacent residences or residential uses.

E. All recreation areas and facilities designed as part of a residential development shall meet with the requirements specified in § 294- 118, entitled Open Space, of this Article.

§ 294-121. Sanitary sewers.

A. Compliance. Every proposed subdivision or commercial or industrial building shall be connected to a public sanitary sewer system prior to occupancy of said subdivision or building. Each lateral connection in addition to any required gravity lines, force mains, and/or pumping stations shall be designed in conformance with the technical standards of the Subsection B of this section and installed and connected at the expense of the owner of the proposed subdivision or building. An exemption to this requirement may be granted by the Township Committee upon recommendation from the Planning Board, if the latter deems that the density proposed could support individual septic systems and/or the cost of such connection and/or extension would be prohibitive.

B. Technical standards and requirements. All sanitary sewers and appurtenances shall be designed and installed in conformance with the New Jersey Department of Environmental Protection's standards for sanitary sewers.

§ 294-122. Sidewalks.

A. Each land development shall provide a sidewalk within the road right-of-way.

B. The construction, repair, restoration, and maintenance of all sidewalks shall be in accordance with the following standards:

(1) A minimum of four (4) inch thickness of concrete shall be installed for all sidewalks.

(2) Sidewalks shall be four (4) feet wide.

(3) Where sidewalks overlap with concrete driveways the sidewalk shall have a six (6) inch thickness of concrete.



§ 294-123. Signs.

A. No signs shall be erected or maintained in the Township of Winslow except as provided in this chapter and Chapter 228 of the Winslow Township Code.

B. Illumination.

(1) The area, brilliance, character, color, degree, density, intensity, location and type of illumination shall be the minimum necessary for the intended purpose of such illumination, consistent with public safety and welfare.

(2) All sources of illumination shall be shielded or directed in such a manner that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated.

(3) The period or time of illumination shall be the minimum necessary for the intended purpose of such illumination, consistent with public safety and welfare.

(4) No illumination shall be located so as to be confused with traffic control signals, either by color or proximity.

C. General regulations.

(1) Signs may be erected or maintained only in connection with permitted uses.

(2) A sign readable from two (2) sides and with parallel faces shall be considered to be one (1) sign.

(3) No sign shall be erected or maintained so as to be distractive or hazardous or to obstruct visibility with respect to the safety of motorists or pedestrians proceeding along any public way or entering or leaving any lot.

(4) No signs, except directional signs or traffic signs, shall be permitted on public streets or rights-of-way.

(5) No signs shall be erected or maintained on the roof or eaves of any building.

(6) Signs shall be properly maintained so as to present a legible appearance. All signs shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into a good state of repair. All nonoperative or broken interior-lighted illuminated signs shall be repaired or removed. All temporary signs shall be removed at the expiration of the event or sale for which they are erected.

(7) Signs shall be hung or erected in a secure and safe manner so as to present no danger of falling or collapse.



(8) Signs painted, erected, affixed or maintained on any tree, stone or other natural object shall be prohibited.

D. Specific regulations for various types of signs.

(1) Business signs.

(a) Business signs shall release solely to the business conducted on the lot and shall advertise only:

(i) The name of the owner or lessee.

(ii) The name of the establishment.

(iii) The type of establishment.

(iv) The type of goods manufactured or sold or the type of services rendered.

(b) There shall be no more than two (2) business signs permitted per business, regardless of the method of display employed, except that only one (1) of such signs may be a freestanding sign. Further, only one (1) freestanding sign shall be permitted on any lot, regardless of the number of separate or individual businesses located on such lot.

(c) Business signs shall be permitted only on the front face of a structure, except that on a corner lot situated in a business district, a second business sign facing a side street may be permitted as a wall sign; provided, however, that such second sign faces property situated in a business district and that said second sign is of similar design and contains similar wording to the permitted sign on the building front and is no greater in dimension than such permitted sign.

(2) Canopy signs.

(a) Canopy signs shall not project horizontally beyond the supporting canopy.

(b) The maximum area of a canopy sign shall be thirty-two (32) square feet.

(c) The bottom edge of a canopy sign shall not be less than eight (8) feet above the sidewalk or ground elevation over which the canopy extends.

(d) Any light from an illuminated canopy sign shall not be visible to the rear thereof.

(e) Canopy signs shall be permitted only on the front face of a structure.

(3) Construction signs.

(a) There shall be one (1) construction sign permitted per lot upon which construction is taking place.

(b) The maximum area of a construction sign shall be thirty-two (32) square feet.

(c) The maximum height of the bottom of a freestanding construction sign above the ground shall be two (2) feet. The maximum height above the ground of all other construction signs shall be five (5) feet.

(d) On developed property, construction signs shall be located not nearer to an adjacent street than the building line of the premises thereon.

(e) On undeveloped property, construction signs shall be located not nearer to an adjacent street than twenty-five (25) feet.

(f) Construction signs shall be removed from the premises on which they are located prior to the issuance of a certificate of occupancy for the work to which they are related.

(g) The illumination of construction signs is prohibited.

(4) Directional signs.

(a) The maximum area of a directional sign shall be thirty-two (32) square feet.

(b) The maximum height of the bottom of a directional sign above the ground shall be five (5) feet.

(c) The number of directional signs on a lot applicable to a use thereon shall not exceed the number of approved entrances and exits thereto.

(d) The number of directional signs on a lot not applicable to the use thereof shall be limited to one (1).

(5) Freestanding signs.

(a) No freestanding sign or part thereof shall project over any property line.

(b) No such sign or part thereof shall extend more than eight (8) feet above the average grade of the surrounding area.

(c) A freestanding business sign shall be located only in a front yard and shall not be closer to the side lot lines than the required side yard.

(d) There shall be only one (1) freestanding sign permitted on any lot, regardless of the number of separate or individual businesses located on such lot.



(e) The maximum dimensions of freestanding business signs shall be thirty-two (32) square feet.

(f) The maximum dimensions of freestanding nonbusiness signs shall be the same as for the type of sign displayed.

(g) The maximum height of the bottom of a freestanding business sign above the ground shall be five (5) feet.

(h) The maximum height of the bottom of freestanding nonbusiness signs shall be as specified for the type of sign displayed.

(i) No freestanding sign shall be erected on a lot containing a projecting sign.

(6) Professional signs.

(a) There shall be one (1) professional sign permitted for each professional person occupying a structure.

(b) The maximum area of a professional signs shall be thirty two (32) square feet:

(c) The maximum height of the bottom of a professional sign above the ground shall be five (5) feet.

(7) Projecting signs.

(a) The maximum area of a projecting sign shall be thirty-two (32) square feet.

(b) The bottom edge of or any appendage to a projecting sign shall be not less than ten (10) feet above grade at the sign.

(c) No projecting sign or any part thereof shall extend over any property line.

(d) No projecting sign shall have advertising in a plane parallel to the surface to which it is attached, and no such sign shall have advertising in a plane which makes an angle of less than sixty (60) degrees with the surface to which it is attached.

(e) A projecting sign shall be permitted only on the front face of a structure.

(f) A projecting sign shall not be installed on a lot containing a freestanding sign.

(8) Public convenience signs.

(a) There shall be one (1) public convenience sign permitted per lot.

(b) The maximum area of a public convenience sign shall be sixteen (16) square feet.

(c) The maximum height of the bottom of a public convenience sign above the ground shall be five (5) feet.

(9) Real estate signs.

(a) There shall be one (1) real estate sign permitted per lot.

(b) The maximum dimensions of real estate signs shall be six (6) square feet.

(c) The maximum height of the bottom of a freestanding real estate sign above the ground shall be two (2) feet. The maximum height above the ground of all other real estate signs shall be five (5) feet.

(d) Real estate signs shall be removed forthwith upon completion of the transaction advertised.

(e) The illumination of real estate signs is prohibited.

(10) Wall signs.

(a) Except on corner lots, there shall be one (1) wall sign permitted per lot.

(b) Except on corner lots, wall signs shall face the front street of the lot on which the building containing the sign is located.

(c) The maximum area of a wall business sign shall be thirty-two (32) square feet for each front foot of building on which the sign is located.

(d) The maximum dimensions of wall signs other than business signs shall be the same as for any permitted sign in the zoning district in which it is located.

(e) No wall sign shall project over the parapet or eaves of rooflines, whichever shall be the lower part of the building on which it is located.

(f) No wall sign or any part thereof shall project more than twelve (12) inches from the wall to which it is affixed.

(g) The bottom edge of a business wall sign or any appendage thereto shall not be less than ten (10) feet above grade at such sign.

(h) A business wall sign shall be permitted only on the front face of a structure, except that on a corner lot situated in a business district, a second business wall sign of equal or lesser dimension facing a side street may be permitted.

E. Permitted signs.



In addition to the regulations set forth above, the following regulations shall control the erection and maintenance of signs in the districts indicated. No signs other than those listed shall be permitted in the districts indicated.

(1) Residence Districts.

(2) Commercial Districts.