Rockaway Township City Zoning Code
§ 54-30.13
Cluster development and condominium administration.
[Ord. No. 95-24 § 54-111]
Where permitted by this chapter, cluster development shall be subject to the following requirements. The Board need not approve any subdivision employing cluster development if, in its sole discretion, it determines that cluster development would not be suitable for the orderly development of the area in which it is located, or would not conform to the general pattern of development for existing community facilities or school-park lands or to the general pattern of development for such facilities or school-park lands as shown on the Master Plan or Official Map of the Township. Cluster development is optional with the applicant and the following requirements apply only if such option is exercised and the plan approved by the Planning Board.
A.
Density.
(1)
The maximum number of lots which may be permitted under the cluster development option for a subdivision shall be determined by the Board after reviewing a plan submitted by the applicant which shows a conceptual layout of the property as it could be developed as a conventional subdivision in conformance with all the regulations of this chapter.
(2)
The conceptual plan shall provide, at a minimum, all the information required by Subsection 54-28.4, and shall also include road profiles, a wetlands delineation from a qualified professional, designed to meet the requirements of the Freshwater Wetlands Act, and a floodplain delineation pursuant to the most recent Federal Flood Insurance Rate Map.
(3)
The maximum number of lots which shall be permitted for a cluster development shall equal the number of lots on the conceptual plan for a conventional subdivision, as determined by the Board taking into account good planning, zoning, and engineering principles, and provided that the conventional subdivision layout conforms with the requirements of this chapter.
B.
Dedication or reservation of open space. Any subdivision that employs the concept of cluster development as heretofore regulated shall dedicate any open space land resulting from the development to the Township or shall include provision for an organization to own and maintain the open space for the benefit of owners or residents of the development. Any area to be dedicated to the Township for open space under the terms of this section shall be at a location and shape as approved by the Planning Board and Township Council.
C.
Open space organizations. The following requirements shall apply to any organization which is required to own and maintain open space resulting from a cluster development. In addition, any condominium development within the Township shall make provision for the establishment of an open space organization as regulated below:
(1)
No open space organization shall be dissolved and no such organization shall 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 any of its open space without first offering to dedicate the same to the Township.
(2)
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. The notice shall include a demand that such deficiencies of maintenance be cured within 35 days, and shall state the date and place of a hearing, which hearing shall be held within 15 days of notice.
(3)
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.
(4)
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured with the 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. 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.
(5)
Before the expiration of the year, the Planning Board shall, upon its initiative or upon the request of the organization responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owner of the development, which hearing is to be held by the Planning Board. At such hearing the 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.
(6)
If the Planning Board shall determine that such organization is ready and able to maintain the open space in a responsible condition, the Township shall cease to maintain the open space at the end of the year.
(7)
If the Planning Board shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, at its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review.
(8)
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of 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 the 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.