Chester Township City Zoning Code
ARTICLE 40
Open Space Development Option
§ 113-275 Purpose.
A.
It is the purpose of the open space development option to protect open space and encourage the creation of conservation areas in the Township while permitting residential development which will blend with existing uses, perpetuate the rural character of the area and preserve environmentally sensitive lands. Accordingly, this article permits a reduction in lot size without increasing the total number of lots permitted under conventional subdivision.[1]
B.
The open space development option is an optional method of land subdivision applicable only in the R-5 and R-10 Residential Districts. Its use is at the discretion of the Planning Board. The applicant must demonstrate to the satisfaction of the Board the superiority of an open space development plan over that of a conventional plan.
[Amended 3-5-2002]
§ 113-276 Procedure.
A.
Application for approval of an open space development plan is optional and shall be made in the same form and shall follow the procedure set forth in Part 4, Subdivision of Land, relating to subdivision applications.
B.
In considering an application for the open space development option, the Planning Board shall find the following facts and conclusions prior to approval of such development:
(1)
The open space development shall be compatible with the natural and existing features of the tract and of abutting properties, including, for example, scenic views, historic sites, vegetation and other natural features.
(2)
The areas designated for open space shall be those which will serve to preserve environmentally sensitive lands, including but not limited to steep slopes, stream corridors, floodplains and wetlands, shallow water table, shallow depth to bedrock, woodlands and other natural features of the tract. Significant existing wildlife preserve or habitats shall be retained and protected. The Planning Board may also approve as permitted open space use those areas which are appropriate for park, recreation or other open space purposes.
(3)
The impact of the development on existing natural features and visual attributes of the site and abutting properties shall be minimized. The Board shall consider whether open space development would have less adverse impact on the natural features and visual attributes of the site and other properties in the vicinity than development pursuant to any other applicable section of Part 5, Zoning.
(4)
Departures by the open space development from zoning regulations otherwise applicable to the subject property shall conform to the open space development standards herein described.
(5)
Proposals for maintenance and conservation of the common open space shall be reliable, and the amount, location and purpose of the common open space shall be adequate for intended uses.
(6)
Provisions, 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 shall be adequate for intended uses.
(7)
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions designed to protect the interests of the public and of the residents of the proposed development shall be adequate for the intended uses.
§ 113-277 Density plan.
A.
To determine the maximum number of lots permitted in an open space development, the applicant shall submit a sketch density plan meeting all area and bulk requirements of the district as if the tract were to be developed as a conventional subdivision, although the slope area requirements, §§ 113-113 through 113-118, shall not apply. The density plan shall be prepared in sufficient detail to enable the Planning Board to evaluate whether the total number of lots could, in fact, be built in conformance with the Township's development ordinances. If the Planning Board concurs with the applicant, it may authorize the applicant to proceed with a cluster development plan. No cluster development plan shall be approved which exceeds the permitted number of lots as determined by the approved density plan.
B.
In preparing the density plan, a six-thousand-square-foot area of contiguous, non-environmentally sensitive land, free of all easements, shall be provided within the building envelope of each lot in a location and shape suitable to construct a home. Environmentally sensitive areas include slopes of 25% or greater, wetlands and their required transition areas, floodplains and soils with a depth to water table of 18 inches or less. Slope data shall be determined from a topographic map having two-foot contour intervals. Wetlands and their transition areas shall be field-delineated as per the Freshwater Wetlands Protection Act. Floodplains shall be mapped as per the Federal Emergency Management Agency (FEMA). Shallow water table shall be based on the Morris County Soil Survey or detailed field delineation. For the purposes of this section, "building envelope" shall be defined as that portion of a lot which remains to construct a residence after all bulk and yard requirements of this Part 5 are satisfied.
§ 113-278 Cluster development standards.
A.
The minimum tract size shall be 30 acres.
[Amended 7-17-1990 by Ord. No. 2:19V-90]
D.
Clustered lots shall meet all the area and bulk requirements established for the R-3 Residential District.[1]
[1]
Editor's Note: See Schedule I, included at the end of this chapter.
E.
No proposed lot having an area less than the underlying zoning district shall have a private drive onto an existing street. If a clustered lot is proposed to have access to an existing street, then such lot must comply with the applicable area and bulk requirements of the underlying zoning district.
§ 113-279 Common open space requirements.
A.
Public open space shall be provided in an open space development in accordance with the following requirements: the minimum public open space shall be that percentage of the total tract equal to the percentage by which the required lot areas are reduced from five acres, but in no case less than 25% of the gross tract area.
B.
The area to be set aside under the terms of this subsection shall be of usable size and shape with a minimum depth or width of at least 200 feet provided. Where unusual site conditions exist, the Planning Board may approve lesser depths or widths for portions of such areas.
C.
The area to be set aside as public open space shall be accessible for a public street, with such access points having a minimum width of at least 100 feet.
D.
Land area provided for common open space within the open space development shall not be included in lots and shall be set aside for conservation, open space, recreation and/or other open space use approved by the Planning Board. Land utilized for street right-of-way shall not be included as part of the minimum open space requirement. It is encouraged that land defined as "environmentally sensitive areas" be used to satisfy the minimum common open space requirements.
E.
No part of the common open space for a cluster development may constitute any part of the common open space for any other cluster development.
F.
The applicant shall provide adequate passive and active recreation facilities for the use and enjoyment of the residents of the development. These facilities may consist of playing fields, play areas, jogging paths, tennis courts, swimming pools or similar facilities. The recreation facilities are subject to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the review and approval of the Planning Board. Recreational facilities shall be designed in accordance with § 113-245C.
[Amended 6-4-1990 by Ord. No. 2:19O-90]
G.
The maintenance of the common open space recreation facilities and common areas shall be maintained by an open space organization established by the applicant in accordance with Township policy. The documentation for the organization must be approved by the Planning Board prior to final approval. The open space organization's responsibilities will include but will not be limited to maintenance of any common open space and recreation facilities, common drives and parking areas, interior pedestrian paths and removal of garbage, trash and snow. The open space organization shall be required to obtain liability insurance for all common areas and facilities.
§ 113-280 Conservation easements; landscaping.
Except as modified by the Schedule of Area, Land and Building Requirements, Schedule I, Note 1,[1] an open space development shall include a minimum one-hundred-foot open space conservation easement between the proposed subdivision and all adjacent properties and public streets. No driveways shall enter upon or cross such conservation easement without the approval of the Planning Board. The area within the conservation easement shall be left in its natural state. Where the Planning Board finds existing vegetation, topographic features, tree cover or other plan cover is insufficient to provide an adequate conservation easement and open space area, the Board may require any applicant to submit landscaping plans showing sufficient plant cover and material.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
§ 113-281 Phasing.
In the case of any application of open space development which contemplates development in phases, the applicant shall provide a phasing plan indicating the phases of development and periods of time within which development of each phase is contemplated. Each phase shall contain sufficient land area to meet applicable Township requirements and provide for required open space.
§ 113-282 Environmental impact statement.
§ 113-283 Previously approved residential cluster subdivisions.
[Added 6-5-1995 by Ord. No. 2:19O1-95]
Subdivisions which were approved under Section 13.200 of the Zoning Ordinance, as amended, which section was repealed after certain subdivision approvals were granted, or subdivisions which were granted variances to permit the clustering of lots as a condition of approval may construct a single-family residence on a lot which was part of a residential cluster subdivision approved by the Planning Board or Zoning Board of Adjustment, provided that the lot meets the area requirements of the ordinance in effect at the time of approval, and further provided that no proposed structure encroaches into any required building setbacks in effect at the time of the approval. To be grandfathered as set forth herein, such lots must be a part of a previously approved subdivision which approval has not lapsed.