Amount. Except as provided for in § 195-32.2.F(5)(c) below, at least 50% of any residential development tract shall be set aside as permanently deed-restricted open space (as defined in § 195-5 of this chapter) for the benefit of the residents of the development and/or general public. The open space calculation shall not include any areas in individual residential lots and areas devoted to public streets or rights-of-way.

Location and suitability. The developer's open space proposal shall be designed to preserve environmentally sensitive lands, scenic features and existing outdoor recreational facilities and shall further the purposes of this subsection. All open spaces shall be located and sized in accordance with sound planning and design principles. The Planning Board shall determine the suitability of the open space proposal and in doing so shall consider, among other factors, the relationship of the proposed open space to its surroundings both within and outside of the proposed development.

The layout of the subdivision shall avoid and preserve historic resources listed in the historic preservation element of the Master Plan. The development shall incorporate creative development techniques to conserve historic sites and resources. The visual pattern of the historic resources on the property and on adjoining properties shall be harmonized. New construction shall strengthen the historic design features of the property by, for example, framing views, enclosing open space or continuing design features or statements. Historic structures and resources shall be maintained within the development and shall be designed with adequate buffers and transition areas to preserve the integrity of the historic structures.

Structures built in open space areas. Any structure(s) accessory to conservation open space (e.g., paths) may be erected within the dedicated open space. These accessory structures shall not exceed, in the aggregate, 1% of the required open space area. A portion of the open space may also be used for the construction of retention or detention facilities. Easements shall be no larger than reasonably necessary, and the Planning Board shall require reasonable assurances and covenants that such facilities shall be maintained.

Access to open space. Open space intended for use by the public, if any, shall be easily accessible to pedestrians.

Pedestrian walks. A portion of the open space may be used for ways serving as pedestrian walks if such a use, in the opinion of the Planning Board, enhances better site and community planning and the general purpose of the RC Zone and if the Planning Board finds that adequate assurances and covenants exist to ensure proper maintenance of such walks.

Dedication of open space and historic resources. The developer may dedicate any open space and historic resources as required by this section to the Borough of Madison, and the Borough Council may accept such a dedication in its discretion.

Restrictive covenant. The developer shall prepare a restrictive covenant, which shall embody the open space and historic preservation restrictions where such open space and historic resources are not dedicated to the Borough of Madison. The restrictive covenant shall be recorded simultaneously with the subdivision plat and shall be referred to therein. The form and substance of the restrictive covenant shall be appropriate to accomplish the purposes of this section and shall be satisfactory to the Planning Board and Borough Attorney.

Homeowners' association. If the proposed open space and/or historic resources are not dedicated to and accepted by the Borough, the developer shall establish a homeowners' association for the purpose of owning and maintaining the common open space and/or the historic resources within the development for the benefit of its residents. Membership in the homeowners' association shall be mandatory for the owners of all lots within the development. The homeowners' association shall not be dissolved and shall not dispose of any open space or historic resources without first offering to dedicate such open space or historic resources to the Borough. In the event that any homeowners' association organized pursuant to this subsection fails to maintain its open space or historic resources in reasonable order and condition, the Borough shall have all rights and remedies provided by the Municipal Land Use Law (N.J.S.A. 40:55D-43). The certification of incorporation or other document creating the homeowners' association shall be prepared by the developer and submitted to the Borough Attorney for review and approval of form and substance.

Yards. Front and side yards may be staggered to provide a variety in the size of such yards.

Common open space shall include irreplaceable natural features located on the parcel, such as but not limited to stands of trees, individual trees of significant size, steep slopes and wetlands.

Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.

The construction of all roadways, interior streets, sidewalks, curbing, street trees, stormwater control and utilities shall be in accordance with the standards specified in the subdivision regulations of this chapter. The Planning Board shall consider allowing deviations from those sections of the subdivision standards in the interest of good design if it determines that adequate access will be provided to all lots in the development by ways that will be safe and convenient for travel. While each development proposal is unique, the Planning Board shall consider allowing deviations from standards for cartway width, curbing, right-of-way, cul-de-sac streets, street trees and sidewalks and methods of stormwater removal, where the deviation significantly minimizes or reduces land disturbance, tree removal, cut and/or filling and impervious coverage or sensitive or scenic natural features of the land, or otherwise furthers the purposes of this subsection and is reasonable and consistent with the purposes of this subsection without resulting in a detriment to the public good and surrounding neighborhood.

The maximum number of residential lots in a cluster development shall be determined by Planning Board approval of a conceptual subdivision plan for conventional development of the tract under the standards applicable to the R-1 Zone.

Residential lots produced by clustering shall comply with the standards of the R-2 Zone, except that a minimum lot size of 12,700 square feet shall be required.

Where open space suitable for active recreation at the discretion of the Planning Board and amounting to at least 40% of the tract area is dedicated to the Borough of Madison, the Planning Board may permit the maximum number of clustered residential lots determined by way of a conceptual R-1 conventional development to be increased by 15%, the required amount of open space shall be minimum of 40%, including dedications to the Borough of Madison, and the dimensional standards of the R-2 Zone shall apply, except that the minimum lot area shall be 12,000 square feet and the minimum lot width for interior lots shall be 80 feet.

Where at least 50% of the tract is reserved as open space, an impervious coverage for the remainder of the tract of up to 30% shall be permitted.

Where at least 40% of the tract which is suitable for active recreation is dedicated to the Borough of Madison, an impervious coverage for the remainder of the tract of up to 40% shall be permitted.