The purpose of this article is to provide a method of developing
residential dwellings which will preserve usable open space, conservation
areas, floodplains, recreation and park areas and lands for other
public purposes.
In the R-15, R-20 and R-40 Zones, lot cluster developments may
be permitted, subject to the approval of the municipal agency in accordance
with the following standards:
A. The minimum size of a tract of land proposed for development under
the lot cluster development provisions of this article shall be 20
acres.
B. Land area equal to a minimum of 25% of the tract of land proposed
for development shall not be included in building lots but shall be
set aside for conservation, open space, recreation and park area or
similar purposes, not including street rights-of-way, driveways, parking
areas, utility stations and buffer strips.
C. The open space area saved shall be permanently devoted to one or
more of the following open space uses: woodland conservation areas,
game preserves, wild fowl refuges, pedestrian walkways, cycling (excluding
motorized cycles) and bridle trails, stream preservation, watershed
protection, flood control areas, parks, playgrounds and ball fields.
D. Prior to any final approval, an open space organization shall be established pursuant to Article
XV of Chapter
17, Land Development Review, of the Code of the Borough of Lincoln Park to own and maintain common open space areas established pursuant to this article or such common open space areas shall be dedicated to and accepted by the Borough.
E. Not in excess of 50% of the total open space of the area required in Subsection
B above shall be located in any one or any combination of the following: a floodplain having an existing grade four feet or more below the base flood elevation, floodways, areas with a slope greater than 15%, watercourses or bodies of water or areas deemed unsuitable for recreational purposes due to environmental reasons.
F. While nothing herein contained shall be deemed to require that as
a condition of lot cluster development project approval a developer
must make available lands for public use which are proposed as open
space, the Borough may, at any time and from time to time, accept
a voluntary dedication of said land or any interest therein for public
use and maintenance, provided that such dedication shall not prohibit
the installation of underground public utilities.
G. No building or structure shall be located within 75 feet of any development
boundary line, provided that 50 feet of such area may be utilized
as any required buffer strip.
H. A buffer strip of at least 50 feet in width shall be provided along
any zone boundary line except where a residential lot cluster development
abuts an R-15, R-20 or R-40 Zone. The municipal agency may require
a buffer strip in excess of 50 feet for good planning reasons, including
but not limited to the need to additionally buffer uniquely sensitive
areas having ecological, historical or archaeological significance,
fully taking into consideration the tract size, the total quantum
of land devoted to the required buffer strip, the effect thereof upon
the development proposal and the impact upon surrounding properties.
I. The lot cluster subdivision development plan shall not result in
a greater average gross density than if the property in question were
developed without residential lot clustering.
J. The common open space shall be reserved in perpetuity by dedication for public use or by private covenant or by deed restriction in conformance with Article
XV of Chapter
17, Land Development Review, of the Code of the Borough of Lincoln Park for use by the residents of the development for one of the following purposes:
(2)
Recreation areas, including but not limited to the following
purposes: environmental study areas, parks, playgrounds and ball fields.
(3)
Conservation of environmentally sensitive features, including
but not limited to steep slopes, wetlands, floodplains, and wooded
areas.