Township of Eagleswood, NJ Open Space and Recreation

Amount of open space required. Five percent of the buildable area of the tract proposed for development shall be set aside for undeveloped and developed open space. The developer shall have the option of providing payment as an off-site assessment, in an amount provided in § 285-57, in lieu of the recreation set aside.

Size of open space parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable and meet or exceed minimums set by the NRPA, National Recreation and Parks Association, or other standards acceptable to the approving authority.

Location of open space parcels. Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.

Improvement of open space parcels.

Developed open space. The Land Use Board or other approving authority may require the installation of recreational facilities and site improvements, taking into consideration:

(a)

The character of the open space land.

(b)

The estimated age and the recreation needs of persons likely to reside in the development.

(c)

Proximity of municipal recreation facilities.

(d)

The cost of the recreational facilities.

Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Land Use Board may require a developer to make other improvements, such as removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth.

Exceptions to the standards. The Land Use Board may permit minor deviations from open space standards when it can be determined that:

The objectives underlying these standards can be met without strict adherence to them; and

Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

Deed restrictions. All lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

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

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

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

(4)

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

Open space ownership. 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 Land Use Board. The type of ownership may include but is not necessarily limited to the following:

The municipality, subject to acceptance by the governing body of the municipality.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

(4)

Homeowners', condominium or cooperative associations or organizations.

(5)

Shared, undivided interest by all property owners in the subdivision.

Homeowners' association. If the open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association to be submitted with the application for the preliminary approval. The provisions shall include but are not necessarily limited to the following:

The homeowners' association must be established before homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

(4)

The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.

(5)

Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

(6)

The association must be able to adjust the assessment to meet changed needs.

Maintenance of open space areas.

In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Mayor and Committee or Administrator 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 remedied within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

At such hearing, the Mayor and Committee or Administrator may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. 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. Before the expiration date of said year, the Mayor and Committee or Administrator 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 Mayor and Committee or Administrator, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Mayor and Committee or Administrator shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Mayor and Committee or Administrator shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality 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 municipal body or officer in any such case shall constitute a final administrative decision, subject to judicial review.