A cluster development must consist of at least one or more contiguous tracts of land containing not less than 20 acres.

The parcel of land must be serviced by municipal water supply and a municipal sanitary sewer system.

The permitted gross density of a cluster development shall be as set forth in the schedule below. Gross density shall be calculated by dividing the number of proposed dwellings by the acreage of the tract. The acreage of the tract shall not include natural tidal or nontidal bodies of water or any other property which is not able to be built upon under existing state or local laws. A duplex shall be counted as two dwellings. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded off to the nearest whole number. Further, the lots must meet all requirements of the following schedule:

A "duplex" is defined as two individual dwelling units located side by side sharing a common center wall and having separate entrances.

Duplexes are permitted in a cluster project, provided that they do not total more than 20% of buildable units. A duplex shall count as two units in terms of the permitted gross density and shall meet all cluster zoning requirements of the particular cluster zone. Four off-street parking spaces per duplex shall be provided. In calculating the parking spaces required, credit shall be given for garage spaces available in the duplex unit. The duplexes shall be located in a cohesive design rather than scattered.

Whenever possible, buildings shall front on culs-de-sac, loop streets or P-loops.

Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.

Lots proposed to front on existing streets which border the cluster development shall provide a minimum lot frontage equal to the existing lots fronting on that street or a reasonable average if the existing lots fronting on that street vary in lot frontage, but in no case less than the minimum for cluster development as contained herein.

Lots proposed to abut rear or side lot lines of the tract of land proposed for cluster development shall provide a minimum rear setback of 50 feet from the rear property line, except that in-ground swimming pools shall have a minimum rear setback of 30 feet.

Streets and roads.

A minimum of 25% of the cluster development, as originally determined for our density computation, shall not be included in building lots or streets and shall be set aside for open spaces. For the purpose of Part 2 of this chapter, the definition of "street area" shall be calculated using the full right-of-way width.

Of the required open space in the cluster development, 25% thereof shall be landscaped with trees and/or shrubs, and 50% thereof may be lands from one or more of the following categories:

Whenever possible, the preservation of natural species and limited land disturbance is preferred over clearing and replanting of buffer areas. In the event planting is necessary, the use of native vegetation, which require less fertilization than nonnative species, is required.

Each open space area shall contain a minimum of two contiguous acres.

Open space areas shall not be less than 50 feet in width at any location.

There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.

The configuration of open space should be so arranged that connections can be made to existing or future adjacent open spaces.

Land so reserved or dedicated for open spaces shall include, wherever feasible, natural features, such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value. The developer may be required to plant trees or other similar landscaping improvements.

Where it is considered appropriate by the Planning Board, portions of the open space may be designated for passive and/or active recreational activities. Passive recreational activities may include but not be limited to swimming pools, tennis courts and ball fields. There shall be provided at least one field of not less than 400 feet by 400 feet and at least one swimming pool with the size to be calculated based upon five square feet per dwelling unit. The minimum size of the pool shall be 2,500 square feet for each 500 dwelling units, or fraction thereof, exclusive of wading or other accessory pools. The size, location and type of all such recreational facilities shall be approved by the Planning Board. Of the total recreational area designated within the cluster development, there shall not be greater than 50% allocated to passive recreational activities.

Within open space areas, the Planning Board may, upon review by the Environmental Commission and the Shade Tree Commission, require the developer to make certain site preparation improvements, which may include but are not limited to the following:

The type of ownership of land dedicated for open space purposes shall be subject to approval of the Planning Board and shall be a shared, undivided interest by all property owners in the subdivision.

Any lands reserved or dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensure that:

The developer shall also provide such covenants, agreements and/or means to provide adequate maintenance facilities necessary to control soil erosion and sedimentation on the subject property, which may include but not be limited to retention ponds, both intermittent and permanent siltation basins, floodways, excessive slopes and other similar conditions.

Pursuant to N.J.S.A. 40:55D-43, the developer shall be required to provide an organization for the ownership and maintenance of any open space for the benefit of the owners or residents of the development. The developer shall make provisions which ensure that the open space lands continue as such and are properly maintained in perpetuity. The organization 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.

The organization shall be responsible for the maintenance of insurance and taxes on the common open space. The members of the organization shall be responsible for bearing equitably the cost of maintaining and developing common open space in accordance with procedures established by them. The organization shall have the right to hire adequate staff to administer common facilities and maintain the common open spaces.

Pursuant to N.J.S.A. 40:55D-43, in the event that such organization shall fail to maintain the open space in reasonable order and condition, the governing body or officer designated by ordinance to administer this section 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 state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the designated governing body 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 municipality, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights 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 dedicated body 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 such body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for the succeeding year. If the designated body, as the case may be, shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality 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 governing body shall constitute a final administrative decision subject to judicial review.

The open space organization shall be made up of and administered by the resident homeowners prior to the issuance of the building permit for the final unit in the development.