[Amended 1-27-1983]
Within any major subdivision employing the use
of residential cluster - open space zoning as defined in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., all lots may be reduced in
area as follows:
A.
In the case of a subdivision located in the AAA Residential
Zone District, the lot may be reduced to an area of not less than
26,000 square feet with an average width of 130 feet within 200 feet
of the street lot line. The shortest distance between side lot lines
shall not be less than 100 feet measured along a line parallel with
the street lot line and 40 feet therefrom and not less than 90 feet
within 200 feet of the street lot line, except that any lot so situated
that its side lot lines would meet at an angle of 70° or more
if extended in the direction of the street may have a minimum distance
between side lot lines at the street lot line which is not less than
80 feet.
B.
In the case of a subdivision located within the AA
Residence Zone District, all lots may be reduced to an area of not
less than 20,000 square feet with an average width of 115 feet within
175 feet of the street lot line. The shortest distance between side
lot lines shall not be less than 90 feet measured along a line parallel
with the street lot line and 35 feet therefrom and not less than 80
feet within 175 feet of the street lot line, except that any lot so
situated that its side lot lines would meet at an angle of 70°
or more if extended in the direction of the street may have a minimum
distance between said lot lines at the street lot line which is not
less than 70 feet.
Within any major subdivision employing the use
of residential cluster - open space zoning as defined in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., the following requirements
shall be complied with:
A.
A sketch plat shall be submitted to the Planning Board
complying with all the requirements of the zone district in which
the proposed subdivision is located, without regard to the open space
zoning exceptions as set forth herein. This sketch plat shall be used
by the Planning Board to determine the maximum number of homes permissible
in the proposed subdivision.
B.
Upon a determination as to the maximum number of homes permissible in the proposed subdivision, the applicant shall submit an additional sketch plat to the Planning Board setting forth the details of the proposed subdivision pursuant to this Article XXIII pertaining to residential cluster - open space zoning. The subdivision shall then be proceeded upon by the Planning Board in the manner set forth in the Land Subdivision Ordinance pertaining to major subdivisions.[1]
C.
The balance of the land remaining in the proposed subdivision, which has been set aside for open space after the subdivision approval in accordance with the requirements set forth in this Article XXIII, shall be reserved for common open space; and such reservation shall, as far as practical, defer the precise location of such common open space until final approval is requested. The reservation as aforesaid may, at the election of the applicant or property owner, be in the form of a dedication of the land to the Borough for public use and maintenance (acceptance at election of the Municipal Governing Body) or by grant of easement or covenant in favor of the Borough (acceptance at election of the Municipal Governing Body) or by the establishment of an organization for the ownership and maintenance of common open space for the benefit of the owners or residents of the development, provided that such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the land to the Borough. In the event that such organization shall fail to maintain the common open space in reasonable order and condition, the Municipal Governing Body shall serve notice and demand and conduct public hearings and assessments for cost in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-43b and c. The applicant shall advise the Planning Board prior to the time of preliminary approval as to the type of ownership proposed for the common open space area.
D.
No area to be reserved for common open space under
the terms of this chapter shall be less than five acres.
F.
The Planning Board, before preliminary or final approval
of any subdivision employing residential cluster - open space zoning
as provided herein, shall make specific findings as to the following
facts and conclusions:
(1)
That departures by the proposed subdivision development
from the normal zoning regulations otherwise applicable to the subject
property conform to the Zoning Ordinance standards pursuant to the
Municipal Land Use Law and the provisions of this chapter.
(2)
That the proposals for maintenance and conservation
of the common open space are reliable and that the amount, location
and purpose of the common open space are adequate. This provision
shall be applicable to final approval only.
(3)
That provision 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 are adequate.
(4)
That the proposed subdivision employing residential
cluster - open space zoning will not have an unreasonably adverse
impact upon the area in which the subdivision is proposed to be established.
(5)
That in the case of a proposed development which contemplates
construction over a period of years, the terms and conditions intended
to protect the interest of the public, residents, occupants and owners
of the proposed development in the total completion of the development
are adequate. This provision shall be applicable to final approval
only.
