[Amended 7-6-1987; 8-7-1989 by Ord. No. 6-89]
A. In the R-1 (two-acre) and R-3 (three-acre) Residential Zones, the
Board may consider cluster development as a conditional use.
[Amended 12-18-1997 by Ord. No. 97-17; 11-4-1999 by Ord. No. 99-10]
B. Requirements shall be as follows:
(1) The minimum parcel size shall be 25 acres.
(2) Lot area may be reduced to a minimum of one acre. The maximum number
of lots on any given tract of land shall be determined by approval
by the Planning Board of a qualifying map meeting all the requirements
of the zone in which the property lies.
[Amended 12-18-1997 by Ord. No. 97-17; 11-4-1999 by Ord. No. 99-10; 10-7-2003 by Ord. No. 5-2003]
(a)
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated in §
105-6.
(b)
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 collectors/arterial roads.
(c)
Side yards. There shall be two side yards, and no side yard
shall be less than 20 feet, except that on an existing platted lot
in single ownership.
(d)
Rear yard. There shall be a rear yard of not less than 35 feet.
(e)
Corner lots. Corner lots shall have an average depth, measured
from each street, of not less than 200 feet.
(f)
Minimum lot width. The minimum lot width at the building setback
line shall be 150 feet.
(g)
Maximum building coverage. The total ground floor area of all
buildings shall not exceed 20% of the total lot area.
(3) Open space shall be provided in contiguous parcels of no less than
five acres.
(4) No less than 1/3 of open space provided shall be suitable for active
recreation.
(5) The site shall be designed so as to avoid, wherever possible, environmentally
sensitive lands.
(6) Appropriate public/association access and, where necessary, provisions
for off-street parking shall be made part of the open space dedication.
(7) Provisions acceptable to the Planning Board and Township Committee
shall be made for the operation and maintenance of dedicated open
space.
(8) All improvements within a cluster development shall be installed
in accordance with an approved site plan and with the specifications
of the Subdivision Regulations of the Township of Liberty.
An appeal to the Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the officer from whose action the appeal is
taken certifies to the Board of Adjustment, after the notice of appeal
shall have been filed with him, that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and on due cause shown.
[Amended 7-6-1987]
Any person who shall violate this chapter or do any act or thing
prohibited or refuse or fail to do any act or thing required to be
done or refuse or fail to comply with an order of the Zoning Officer
or an order of the Board of Adjustment shall, upon conviction thereof,
be subject, for each violation, to forfeit a fine not exceeding the
sum of $1,000. In default of the payment of any fine imposed hereunder,
such violator may be imprisoned in the county jail for a period not
exceeding 90 days. Whenever such person shall have been officially
notified by the Zoning Officer or by service of a summons in a prosecution
or in any other official manner that he is committing a violation,
each day's continuance of such violation after such notification shall
constitute a separate offense punishable by a like fine or penalty.