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.
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.