[Added 10-3-1989 by Ord. No. 2:19F-89]
A.
It is the purpose of the open space development option
to protect open space and encourage the creation of conservation areas
in the Township while permitting residential development which will
blend with existing uses, perpetuate the rural character of the area
and preserve environmentally sensitive lands. Accordingly, this article
permits a reduction in lot size without increasing the total number
of lots permitted under conventional subdivision.[1]
[1]
Editor's Note: See Part 4, Subdivision of
Land.
B.
The open space development option is an optional method
of land subdivision applicable only in the R-5 and R-10 Residential
Districts. Its use is at the discretion of the Planning Board. The
applicant must demonstrate to the satisfaction of the Board the superiority
of an open space development plan over that of a conventional plan.
[Amended 3-5-2002]
A.
Application for approval of an open space development
plan is optional and shall be made in the same form and shall follow
the procedure set forth in Part 4, Subdivision of Land, relating to
subdivision applications.
B.
In considering an application for the open space development
option, the Planning Board shall find the following facts and conclusions
prior to approval of such development:
(1)
The open space development shall be compatible
with the natural and existing features of the tract and of abutting
properties, including, for example, scenic views, historic sites,
vegetation and other natural features.
(2)
The areas designated for open space shall be
those which will serve to preserve environmentally sensitive lands,
including but not limited to steep slopes, stream corridors, floodplains
and wetlands, shallow water table, shallow depth to bedrock, woodlands
and other natural features of the tract. Significant existing wildlife
preserve or habitats shall be retained and protected. The Planning
Board may also approve as permitted open space use those areas which
are appropriate for park, recreation or other open space purposes.
(3)
The impact of the development on existing natural features and visual attributes of the site and abutting properties shall be minimized. The Board shall consider whether open space development would have less adverse impact on the natural features and visual attributes of the site and other properties in the vicinity than development pursuant to any other applicable section of Part 5, Zoning.
(4)
Departures by the open space development from
zoning regulations otherwise applicable to the subject property shall
conform to the open space development standards herein described.
(5)
Proposals for maintenance and conservation of
the common open space shall be reliable, and the amount, location
and purpose of the common open space shall be adequate for intended
uses.
(6)
Provisions, through the physical design of the
proposed development, for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment shall be adequate for intended uses.
(7)
In the case of a proposed development which
contemplates construction over a period of years, the terms and conditions
designed to protect the interests of the public and of the residents
of the proposed development shall be adequate for the intended uses.
A.
To determine the maximum number of lots permitted in an open space development, the applicant shall submit a sketch density plan meeting all area and bulk requirements of the district as if the tract were to be developed as a conventional subdivision, although the slope area requirements, §§ 113-113 through 113-118, shall not apply. The density plan shall be prepared in sufficient detail to enable the Planning Board to evaluate whether the total number of lots could, in fact, be built in conformance with the Township's development ordinances. If the Planning Board concurs with the applicant, it may authorize the applicant to proceed with a cluster development plan. No cluster development plan shall be approved which exceeds the permitted number of lots as determined by the approved density plan.
B.
In preparing the density plan, a six-thousand-square-foot area of contiguous, non-environmentally sensitive land, free of all easements, shall be provided within the building envelope of each lot in a location and shape suitable to construct a home. Environmentally sensitive areas include slopes of 25% or greater, wetlands and their required transition areas, floodplains and soils with a depth to water table of 18 inches or less. Slope data shall be determined from a topographic map having two-foot contour intervals. Wetlands and their transition areas shall be field-delineated as per the Freshwater Wetlands Protection Act. Floodplains shall be mapped as per the Federal Emergency Management Agency (FEMA). Shallow water table shall be based on the Morris County Soil Survey or detailed field delineation. For the purposes of this section, "building envelope" shall be defined as that portion of a lot which remains to construct a residence after all bulk and yard requirements of this Part 5 are satisfied.
A.
The minimum tract size shall be 30 acres.
[Amended 7-17-1990 by Ord. No. 2:19V-90]
B.
The open space development plan shall comply with
all other applicable Township regulations, including but not limited
to Part 4, Subdivision of Land; Part 5, Zoning; Part 3, Soil Removal
and Land Disturbances, and sewage disposal and water supply regulations.
E.
No proposed lot having an area less than the underlying
zoning district shall have a private drive onto an existing street.
If a clustered lot is proposed to have access to an existing street,
then such lot must comply with the applicable area and bulk requirements
of the underlying zoning district.
A.
Public open space shall be provided in an open space
development in accordance with the following requirements: the minimum
public open space shall be that percentage of the total tract equal
to the percentage by which the required lot areas are reduced from
five acres, but in no case less than 25% of the gross tract area.
B.
The area to be set aside under the terms of this subsection
shall be of usable size and shape with a minimum depth or width of
at least 200 feet provided. Where unusual site conditions exist, the
Planning Board may approve lesser depths or widths for portions of
such areas.
C.
The area to be set aside as public open space shall
be accessible for a public street, with such access points having
a minimum width of at least 100 feet.
D.
Land area provided for common open space within the
open space development shall not be included in lots and shall be
set aside for conservation, open space, recreation and/or other open
space use approved by the Planning Board. Land utilized for street
right-of-way shall not be included as part of the minimum open space
requirement. It is encouraged that land defined as "environmentally
sensitive areas" be used to satisfy the minimum common open space
requirements.
E.
No part of the common open space for a cluster development
may constitute any part of the common open space for any other cluster
development.
F.
The applicant shall provide adequate passive and active recreation facilities for the use and enjoyment of the residents of the development. These facilities may consist of playing fields, play areas, jogging paths, tennis courts, swimming pools or similar facilities. The recreation facilities are subject to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the review and approval of the Planning Board. Recreational facilities shall be designed in accordance with § 113-245C.
[Amended 6-4-1990 by Ord. No. 2:19O-90]
G.
The maintenance of the common open space recreation
facilities and common areas shall be maintained by an open space organization
established by the applicant in accordance with Township policy. The
documentation for the organization must be approved by the Planning
Board prior to final approval. The open space organization's responsibilities
will include but will not be limited to maintenance of any common
open space and recreation facilities, common drives and parking areas,
interior pedestrian paths and removal of garbage, trash and snow.
The open space organization shall be required to obtain liability
insurance for all common areas and facilities.
Except as modified by the Schedule of Area,
Land and Building Requirements, Schedule I, Note 1,[1] an open space development shall include a minimum one-hundred-foot
open space conservation easement between the proposed subdivision
and all adjacent properties and public streets. No driveways shall
enter upon or cross such conservation easement without the approval
of the Planning Board. The area within the conservation easement shall
be left in its natural state. Where the Planning Board finds existing
vegetation, topographic features, tree cover or other plan cover is
insufficient to provide an adequate conservation easement and open
space area, the Board may require any applicant to submit landscaping
plans showing sufficient plant cover and material.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
In the case of any application of open space
development which contemplates development in phases, the applicant
shall provide a phasing plan indicating the phases of development
and periods of time within which development of each phase is contemplated.
Each phase shall contain sufficient land area to meet applicable Township
requirements and provide for required open space.
[Added 6-5-1995 by Ord. No. 2:19O1-95]
Subdivisions which were approved under Section
13.200 of the Zoning Ordinance, as amended, which section was repealed
after certain subdivision approvals were granted, or subdivisions
which were granted variances to permit the clustering of lots as a
condition of approval may construct a single-family residence on a
lot which was part of a residential cluster subdivision approved by
the Planning Board or Zoning Board of Adjustment, provided that the
lot meets the area requirements of the ordinance in effect at the
time of approval, and further provided that no proposed structure
encroaches into any required building setbacks in effect at the time
of the approval. To be grandfathered as set forth herein, such lots
must be a part of a previously approved subdivision which approval
has not lapsed.
