[Added 6-3-1991 by Ord. No. 8-91]
As permitted in Chapter 105, Zoning, an applicant for major subdivision may apply to the Planning Board for an open space development. Such application shall be accompanied by a qualifying map and shall incorporate a proposed cluster design plat indicating the proposed layout, the area or areas to be retained in open space and proposed use or uses of the open space.
The objectives of open space development are as follows:
A. 
Preservation of environmentally sensitive lands.
B. 
Provision of active and/or passive recreation opportunities.
C. 
Preservation of unique or locally significant topographic features.
D. 
Creative design and more efficient use of lands.
E. 
Reduction in land disturbance, stormwater runoff, soil erosion and loss of vegetation and wildlife habitat.
Any application for open space development shall meet two or more of the above-enumerated objectives.
Any application for open space development shall specify the means by which the common lands are to be owned and operated. If Township ownership is proposed and, in the opinion of the Planning Board, such ownership will be consistent with the objectives of the Master Plan or Official Map, then the Planning Board shall recommend to the governing body that said open space or land resulting from the application of open space development be accepted by the Township. In the alternative, the applicant may submit an open space plan providing only for homeowners' ownership of common land.
The Planning Board may require that a conventional subdivision plan be submitted rather than an open space plan. The reasons for disallowing open space development may be related to topography, soil conditions, access and circulation, character of surrounding development, waste disposal, adverse impact on surrounding areas or any other concern relating to the objectives of open space development.
A. 
Any application for open space development shall comply with the requirements of this chapter governing major subdivisions.
B. 
Minimum tract size for open space development shall be 25 acres.
C. 
Required conditions shall be as follows:
(1) 
Height. Maximum building height shall not exceed 2 1/2 stories or 35 feet.
(2) 
Front yard. There shall be a front yard of not less than 75 feet from the center line of a local street and not less than 95 feet from the center line of collector/arterial roads.
(3) 
Side yard. There shall be two side yards, and no side yard shall be less than 20 feet.
(4) 
Rear yard. There shall be a rear yard of not less than 35 feet.
(5) 
Corner lots.
(6) 
Minimum lot width. The minimum lot width at the building setback line shall be no less than 150 feet.
[Amended 10-7-2003 by Ord. No. 5-2003]
(7) 
Minimum lot area. There shall be a minimum lot area of one acre.
[Amended 11-4-1999 by Ord. No. 99-10]
(8) 
Maximum lot coverage. There shall be a maximum lot coverage of 20%.
D. 
The maximum number of lots permitted shall be based on an approved qualifying map.
E. 
All roads in a cluster subdivision shall be built to Township standards.
A. 
The following lands shall require special consideration by the Planning Board. In some cases, development should be avoided and in other cases, very low density development may be permitted. Additional improvements and safeguards to protect significant environmental features and elements shall be required.
(1) 
Floodplain lands. Lands which lie adjacent to streams and are periodically inundated as watercourses overflow their banks. These areas should not be developed with buildings. The ban on development in this area is to protect the lives and property of those living in the floodplain and downstream from flooding, prevent increased flooding downstream and prevent pollution of streams and rivers.
(2) 
Areas of excessive slope. These are lands with slopes in excess of 25%. Depending on the nature of the soil, bearing capacity, erosion factor and degree of slope, development densities may vary from no building to very low densities with appropriate safeguards. In general, as slope increases, the density of development should decrease. The reasons for the decrease are to prevent landslides and erosion and sedimentation resulting from excessive stripping and cutting of land. Erosion causes siltation of streams and reduces the capacity of drainage structures exacerbating flooding in the Township.
(3) 
Areas characterized by soil classified as having severe limitations for development. This is land often characterized by high-water table, poor bearing capacity, high erosion factors or shallow depth to bedrock. Special treatment is necessary to prevent health and safety hazards and environmental degradation.
(4) 
Areas of significant horticultural or conservation features. These include mountain ridges, valleys, scenic vistas and significant horticultural features. These areas are valuable because of their beneficial impact on the social environment and their importance in ecological systems. Development should be designed to preserve these areas.
(5) 
Land suitable for specific purposes. Land suitable for active or passive recreational purposes, such as baseball fields, tennis courts, etc., or for other municipal purposes or because of their location, e.g., adjoining similar lands on adjacent properties.
B. 
Applicants using open space development to protect the areas indicated above should submit designs which generally allow for smaller lots on local streets on flat, well-drained land. Larger lots should be platted in areas of increasing slope, poorer (but still passable) percolation and lands closest to floodplains.
C. 
Lots adjacent to collector roads shall have greater depths to permit larger back yards and provision for shrubs and trees to serve as buffers. Direct residential access to collector or arterial roads shall be discouraged.
A. 
The Planning Board shall have full authority to approve or disapprove the location and proposed uses of lands required to be dedicated in accordance with the foregoing.
B. 
Dedicated areas proposed to be deeded to the Township shall be deeded free and clear of all mortgages and encumbrances.
C. 
Wherever possible, open space provided shall be contiguous to existing or proposed open space areas in order to better provide wildlife habitat, scenic views, protection of environmentally sensitive areas and other public benefits as determined by the Planning Board.
D. 
If deeded to a property owner's association, cooperative or condominium corporation, it shall be deeded free and clear of all mortgages and encumbrances for their use, control and management for open spaces, recreation or agricultural use and include appropriate restrictions to assure the implementation of the purposes of this chapter and to provide for the maintenance and control of the area. All provisions of N.J.S.A. 40:55D-43 relating to the establishment of open space organizations shall be complied with.
Proposals in accordance with this Article shall only be approved by the Planning Board if, in the opinion of the Planning Board, it will convey some overall benefit to Liberty Township or to the general health, safety and welfare of the neighborhood. Nothing herein shall be construed as requiring a developer to elect this means of developing a tract.