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§ 217-62. Cluster subdivision.
A. General. In any residential zone, an applicant for a major subdivision may apply to the Planning Board for a cluster subdivision. Such application, as proposed in a letter, shall be accompanied by a sketch plat indicating in general the plan and the area to be retained in open space or used for other municipal purposes. If, in the opinion of the Planning Board, such a development will assist in achieving the objectives of the Master Plan, Official Map or other codes and ordinances the applicant may be permitted to submit a cluster plan. The Planning Board shall have sole authority as to whether cluster shall be permitted. If the applicant proposes that the open space shall be dedicated to the township, then the Planning Board shall request approval from the governing body that the open space or land resulting from the application of cluster development will be accepted by the township. If approval is not granted within 60 days from the date of referral and the Planning Board approves submission of a cluster plan, the applicant may submit a cluster plan providing only for ownership of common land in accordance with the regular subdivision procedures as provided in Chapter 175, Subdivision of Land.
B. Maximum number of lots. The maximum number of lots shall be determined by design of a conventional subdivision with the following areas excluded from consideration:
(1) Lands with slopes in excess of 30%.
(2) Lands in floodways.
(a) Lots backing up to existing easement shall not have more than 40% of the lot depth within the easement. Lands with slopes of 15% or greater shall be modified in accordance with § 217-38.
C. Criteria for cluster development.
(1) Minimum tract size: no less than 10 acres.
(2) Minimum lot size and yard requirements. [Amended 4-19-1982 by Ord. No. 6-82]
(a) The Planning Board may authorize up to a fifty-percent reduction of lot area, dimensions and yards, except that the minimum lot width shall not be less than:
[1] R-20 Zone: 80 feet.
[2] R-1 Zone: 125 feet.
[3] R-2A Zone 22: 145 feet.
[4] R-2 Zone: 145 feet.
[5] R-MDU Zone: 145 feet.
[6] PUD/R-2 Zone: 145 feet.
[7] R-3 Zone: 185 feet.
[8] R-5 Zone: 225 feet.
(b) The percentage of the total tract of land equal to the percentage that the average lot areas are reduced from that otherwise required in the zone shall be used for open space. However, such open space shall not be less than five acres.
(3) Housing type: the same as permitted in the zone.
(4) Utilities required: Any cluster plan calling for lots of less than 80,000 square feet shall be served by public sewer and public water. [Amended 3-17-1986 by Ord. No. 6-86]
(5) Cluster development shall not be permitted in an R-20 Zone. [Added 8-18-1980 by Ord. No. 34-80]
D. Location and use of dedicated lands. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of lands required to be dedicated in accordance with the foregoing and as guided in its decisions by this section and the following:
(1) Lands required to be dedicated shall be located so as to meet the needs of open spaces, parks, playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, for agricultural purposes or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only township requirements shall be satisfied but that dedicated area shall be so located as to meet possible future needs of the neighborhood or region.
(2) The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. They shall not generally approve areas of less than five acres except when such a site is considered adequate for its specific use, and they shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the needs of the development where located.
E. Disposition of dedicated areas. Dedicated areas shall be:
(1) Deeded free and clear of all mortgages and encumbrances to the township if the township so indicates as provided in Subsection A above.
(2) Deeded free and clear of any encumbrances to permanent property owners' association, cooperative or condominium corporation, for their use, control and management for open space, recreational or agricultural use and providing appropriate restrictions to assure the effectuation of the purpose of this section and to provide for the maintenance and control of the area. Said organization shall meet the following standards to be written into the articles of incorporation and/or bylaws:
(a) It shall not be dissolved and shall not dispose of any open space by sale or otherwise except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
(b) In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Planning Board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall be held within 15 days of the notice. At such hearing, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any fights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the Planning Board shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the township shall cease to maintain said open space at the end of said year. If the Planning Board shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Planning Board shall constitute a final administrative decision subject to judicial review.
(c) The cost of such maintenance by the township shall be assessed pro rata against the properties within the development that have a right to enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
(3) Added to one or more of the proposed lots in the subdivision, subject to the open space portion being in the form of a conservation easement dedicated to the township with the deed restrictions per Chapter 175, Subdivision of Land, § 175-47B, except that upon a finding that there will be no significant adverse environmental impact, the Planning Board may permit easements to allow specified limited home or commercial agriculture, but no structure as defined in 17-2. [Added 4-17-1989 by Ord. No. 11-89; amended 7-15-1991 by Ord. No. 17-91]