Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with State regulations as detailed in Figure 7. Parking spaces for the physically handicapped shall be a minimum of twelve feet (12') in width, and the number of spaces to be provided shall be determined by N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations.

Parking lots which have a capacity for parking more than fifty (50) vehicles shall be designed in accordance with the minimum design standards contained herein.

a. All the minimum design standards for small parking areas.

b. All entrance drives shall extend a minimum distance of fifty feet (50') back from the street curb line or to an access aisle.

c. All exit drives shall extend a minimum distance of thirty feet (30') back from the street curb or to a major access aisle.

d. No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.

e. Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.

f. Access drives shall not be located closer than fifty feet (50') from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which in the opinion of the municipal agency will generate large traffic volumes, access drives shall not be located closer than one hundred feet (100') from the nearest right-of-way line of an intersecting street.

g. No driveway shall be located less than four feet (4') from the side property line.

h. Where the Planning Board determines that the total number of off-street parking spaces required by this Ordinance may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area be completed initially, subject to the following regulations:

1. The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this Ordinance.

2. The site plan shall provide for adequate drainage of both the partial and total parking areas.

3. The portion of the parking area not to be paved initially shall be landscaped in accordance with Section 25-1700.5 of this Ordinance.

4. The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article 1700 of this Ordinance which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

5. In lieu of a permanent Certificate of Occupancy, a temporary Certificate of Occupancy shall be issued for a period of two (2) years. Prior to the expiration of the two (2) year period, the applicant may either: 1) install the additional parking shown on the site plan and apply to the Construction Official for issuance of a permanent Certificate of Occupancy or; 2) apply to the municipal agency after the use has been in operation a minimum of eighteen (18) months for a determination as to whether or not the initial parking area provided is adequate.

(a) If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees may be released and a permanent Certificate of Occupancy issued.

(b) If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent Certificate of Occupancy.

6. Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking area, to use which requires more parking spaces than are provided on the site, shall require submission of a new site plan.

Minimum off-street parking spaces required will be in accordance with Section 25-300.12.5.v

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.

Natural features such as trees, water areas, marshes, and views shall be preserved whenever possible in designing any subdivision containing such features.

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 Planning Board may further require that such streets, ways, basins, or areas be shown on the plat in locations and sizes suitable to their intended uses.

a The Planning Board 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.

b. Unless during such period or extension thereof the City 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.

c. 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.

d. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use.

1. 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.

2. 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.

e. 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.

Where it is considered appropriate by the Planning Board, portions of proposed open spaces may be designated for passive and/or active recreational activities.

a. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.

b. Active recreation activities may include, but are not limited to, swimming pools, tennis courts, and ball fields.

c. The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the standards contained herein.

1. The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.

2. The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.

3. The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.

4. The Board shall request and consider recommendations from the appropriate City officials.

5. 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.

6. The Board shall consider the sequence of development.

7. 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.

Within open space areas, the Planning Board may require a developer to make certain site preparation improvements, which may include, but are not limited to those contained herein.

a. Removal of dead or diseased trees.

b. Thinning of trees or other growth to encourage more desirable growth.

c. Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.

d. Grading and seeding.

Open space areas shall be subject to these requirements:

a. Open space areas should not be less than thirty feet (30') in width at any location.

b. Where possible, certain land areas and features shall be preserved as open space.

1. Floodway and flood hazard areas.

2. Existing watercourses, and marshes.

3. Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

4. Dunes.

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 Planning Board.

a. These shall include:

1. The City of Ocean City (subject to acceptance of the City Council).

2. Other public jurisdictions or agencies (subject to their acceptance).

3. Quasi-public organizations (subject to their acceptance).

4. Homeowners or condominium associations or organizations.

5. Shared, undivided interest by all property owners in the development.

b. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which insure that:

1. The open space area will not be further subdivided in the future.

2. The use of the open space areas will continue in perpetuity for the purpose specified.

3. Appropriate provisions are made for the maintenance of the open space areas.

c. 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 Planning Board has approved the Master Deed for such open space and the by-laws of the organization established pursuant to Section 25-1700.23.8, below.

The City 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 Planning Board 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.

a. 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 City or other governmental agency.

1. 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;

2. 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 City.

b. 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.

1. 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.

2. 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.

3. 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 City, 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.

4. 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 (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 City shall not, at the election of the City continue for a succeeding year.

If the Administrative Officer (Zoning Officer) shall determine that such organization is ready and able to maintain said open space in reasonable condition, the City shall cease to maintain said open space at the end of said year.

If the Administrative Officer (Zoning Officer) shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the City 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 (Zoning Officer) in any such case shall constitute a final administrative decision subject to judicial review.

5. The cost of such maintenance by the City 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.

Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of Section 25-1700.26 of this Ordinance.

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. It should not produce objectionable features to emanate from such facility.

3. The provision and location of such equipment shall be subject to Planning Board approval, after review by the Department of Parks and Recreation.