[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.