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 borough 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 tax 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 ballfields.
(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 municipal agency shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
(b) The municipal agency shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
(c) The municipal agency shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
(d) The municipal agency shall consider the sequence of 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 shall be subject to these requirements:
(1) 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.
(2) Where possible, certain land areas and features as follows shall be preserved as open space:
(b) Areas containing a significant number of trees twelve (12) inches or greater in diameter.
(c) Existing watercourses or ponds.
(d) Land with a seasonal high-water table of less than two (2) feet.
(e) Wetlands as defined by the New Jersey Wetlands Act of 1970 and the Freshwater Wetlands Act of 1987 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection and Energy or delineated in accordance with N.J.A.C. 7:7A. [Amended 12-13-1993 by Ord. No. 670]
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 Borough of Shrewsbury, subject to acceptance of the Borough Council.
(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 Mace 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 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 developer has submitted, and the municipal agency has approved, the master deed for such open space and the bylaws of the organization established pursuant to § 94-8.27H below.
H. The borough 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 borough 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) Thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the borough.
(2) In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer (Zoning Officer) 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 (Zoning Officer) 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 borough, 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. Said entry and maintenance shall not vest in the public any rights to use the open space by the owners.
[1] Before the expiration of said year, the Administrative Officer (Zoning Officer) 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 (Zoning Officer), at which hearing such organization and the owners of the development shall show cause why such maintenance by the borough shall not, at the election of the borough, continue for a succeeding year.
[2] If the Administrative Officer (Zoning Officer) shall determine that such organization is ready and able to maintain said open space in reasonable condition, the borough shall cease to maintain said open space at the end of said year.
[3] If the Administrative Officer (Zoning Officer) shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the borough 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.
[4] The decision of the Administrative Officer (Zoning Officer) in any such case shall constitute a final administrative decision subject to judicial review.
(d) The cost of such maintenance by the borough 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 interest by the same officers and in the same manner as other taxes.
Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of § 94-8.27 of this chapter.
A. 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.
(1) It should be located in an area which will not be detrimental to adjacent properties or uses.
(2) The provision and location of such equipment shall be subject to municipal agency approval.
B. 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.
(1) All swimming pools shall be fully enclosed by a four-foot chain link or other fully approved fence equipped with gates and locks.
(2) All swimming pools shall have adequate lifesaving equipment.
(3) Within accessory building(s), all such pools shall have adequate lavatory facilities, plus, under lock and key, storage facilities wherein shall be kept all pool chemicals and equipment.
(4) All swimming pool facilities shall comply with the regulations set forth in § 94-8.45 of this chapter.
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.
A. 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 and that:
(1) The proposed structure will have a harmonious relationship with area residential structures; and
(2) 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 borough at large.
B. The front facade for each residential unit shall be stantially 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. 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.
A. Roadways and all appurtenances, including subgrade, subbase. base courses and pavements, shall be constructed in accordance with the applicable requirements of the standard specifications as modified herein. All subsurface utilities, including service connections [terminating at least two (2) feet behind the sidewalk], to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.
B. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one (1) type of pavement shall be utilized throughout any development.
C. The pavement structure design for each particular development utilizing either a flexible or rigid pavement type must be approved by the Borough Engineer.
(1) The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.
(a) As minimum requirements, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation.
(b) Such paving shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of six and one-half (6 1/2) inches for local, local collector and minor collector streets and eight (8) inches for other classifications.
(2) Pavement on local, local collector and minor collector streets shall be a five-inch compacted thickness of bituminous stabilized base course with one-and-one-half-inch compacted thickness of bituminous concrete surface course. On all other streets, not county or state maintained, the pavement should be a six-inch compacted thickness of bituminous stabilized base course with a two inch compacted thickness of bituminous concrete surface course.
D. All subgrade shall be prepared in accordance with the applicable requirements of the standard specifications for bituminous concrete and reinforced concrete pavements.
E. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the standard specifications.
(1) Bituminous concrete pavements and stabilized bases may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described.
(2) Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A or Type 2. Class A or B.
(3) Portland cement concrete pavements must be constructed with a minimum of six (6) inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E.
(4) Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four (4) inches.
F. Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the standard specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four (4) inches. Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the standard specifications.
G. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the standard specifications.
(1) The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.
(a) Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer.
(b) Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer.
(c) If the Borough Engineer directs, a leveling course of FABC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement
(2) No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.
H. Concrete pavements shall be constructed in accordance with the requirements of the standard specifications.
I. In areas where alternate pavement-types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement-types proposed shall be submitted for approval with the preliminary and/or final plat.
(1) The use of alternate pavement-types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use and if the Borough Engineer has inspected the installation of and tested and approved of a suitable sample section of such pavement.
(2) In the event that the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the municipal agency.
