[Ord. 93-5 § 603, 1993]
No townhouse or apartment dwelling unit or accessory deck, patio or fence of a townhouse unit shall be constructed in the Borough unless the following minimum standards are met, in addition to other applicable requirements of this title, and unless the dwelling and/or accessory deck, patio or fence is part of an approved original or amended site plan application, which application included homeowners' association bylaws and/or resolutions governing the provisions for accessory decks, patios and fences and a typical drawing of the envisioned appearance of such accessory decks, patios and fences.
A. 
Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development compatible within the development and in relation to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the board for review and approval.
B. 
All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
C. 
Parking.
1. 
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve.
2. 
Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.
D. 
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.
E. 
Dwelling units shall have access to a master television antennae system and individual townhouse units may not erect individual external television antennae.
F. 
Each unit shall have the following minimum net habitable floor areas:
Type
Minimum Net Habitable Floor Area
Apartments
Efficiency
500 square feet
1-bedroom
600 square feet
2-bedroom
750 square feet
3-bedroom
950 square feet
4-bedroom
1,150 square feet
Townhouses
1-bedroom
600 square feet
2-bedroom
750 square feet
3-bedroom
950 square feet
4-bedroom
1,150 square feet
G. 
For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be stored without constituting a fire hazard and where such belongings and effects may be kept locked and separated from the belongings of other occupants.
H. 
No townhouse dwelling unit shall be less than 20 feet wide.
I. 
For fee simple townhouse lots, lot and yard dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met:
1. 
The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from any driveway or parking lot area.
2. 
No lot line shall be located closer than 15 feet from any tract property line nor closer than 10 feet from any street.
3. 
No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.
[Ord. 93-5 § 604, 1993]
A homeowners' association or other open space organization may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. A homeowners' association shall be established prior to the issuance of any certificate of occupancy for any dwelling unit in the development. If established, the organization shall incorporate the following provisions:
A. 
Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his or her pro rata share of the organization's costs.
B. 
The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough.
C. 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
D. 
The organization shall clearly describe in its bylaws and resolutions all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property. The articles of incorporation shall contain provisions to ensure adequate funds are available for maintenance of the common elements. In the case of townhouse dwelling units, the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the townhouse dwelling units which shall be approved as part of the original site plan application and/or amendments to such application. The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review by the land use review board prior to the granting of the original final or amended site plan approval by the Borough.
E. 
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization and title to the common open space shall be transferred to the members of the homeowners' association based on a percentage of the dwelling units sold and/or occupied; such schedule shall be subject to review and approval by the board.
F. 
Should the association fail to maintain the common open space or common property in reasonable order and condition, the Borough may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Borough to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43c. shall be followed.