a. Primary Intended Purpose The purpose of the cluster option in the C, RC, R-1, R-1A and R-1B residential zones is to provide standards pursuant to R S 40 55D39 or any amendments thereto which encourage and promote flexibility and economy in layout and design, as well as the conservation of natural resources In accordance with the standards, the Planning Board may approve the varying of lot areas and dimensions, and yard, setback and coverage provisions otherwise required in the C, RC, R-1, R-1A and R-1B zones

b. Standards of Development A developer of a major subdivision may propose, subject to Planning Board approval, to utilize the cluster option plan in lieu of a conventional design conforming to the requirements established for the zoning district in which the subdivision is located All applications seeking to utilize the cluster option plan shall comply with the criteria and requirements enumerated below

1. The total number of lots permitted under an approved cluster option plan, in lieu of a conventional design, shall be conclusively determined by the number of lots that would be realized by the conventional subdivision of the tract onto regulation lots which in all respects conform to the Land Use Ordinance and all applicable Federal, State and County regulations, as determined by the Planning Board on the basis of a conventional subdivision plan submitted by the applicant, Such conventional plan shall show proposed roads and existing topographic contours as set forth in subsection 19-4 406h, 6(a)(6), but need not include plans for utilities

2. A complete cluster option plan application showing reduced lot sizes pursuant to the criteria set forth in Section 19-5,11 for the applicable zone district and the proposal for the disposition of open space shall be submitted to the Planning Board, together with the conventional subdivision plan and shall include

(a) Appropriate application forms

(b) Application fees as may be established by ordinance

(c) Plans which conform with the requirements of this Chapter 19, Land Use

c. Public Hearing

1. Within forty-five (45) days of receipt of a completed cluster option plan application as set forth in subsection 19-5 1110b, 2 , the Planning Board shall hold a public hearing and grant or deny the use of the cluster option plan At the public hearing, the applicant shall have the opportunity to demonstrate that utilizing the cluster option plan would be more beneficial to the natural environment of Denville Township than the conventional zone regulations The public shall also be afforded full opportunity to offer testimony and exhibits on any aspect of the application

2. The applicant shall be required to provide notice of this public hearing in compliance with Sections 40 55D-11 and 40 55D-12 of The Municipal Land Use Law

d. Findings by the Planning Board Prior to approval for the use of the cluster option plan, the Planning Board shall make the following factual findings and conclusions

1. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance criteria pursuant to subsection 40 55D-65c of The Municipal Land Use Law,

2. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location, and purpose of the common space are adequate,

3. That provisions regarding 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, are adequate,

4. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established, and

5. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants, and owners of the proposed development in the total completion of the development are adequate

e. Resolution of Planning Board

1. All decisions of the Planning Board on an application to use a cluster option plan shall be memorialized by a written resolution The resolution shall set forth findings of facts and conclusions to support the Board's grant of approval or denial of the use of the cluster option plan

2. A copy of the resolution shall be mailed by the Planning Board within ten (10) days of the date of adoption of the resolution to the applicant and if represented, to his attorney

3. A brief notice of the adoption of a resolution of the Planning Board concerning the use of the cluster option plan shall be published in a newspaper of general circulation in the Township within thirty (30) days of the adoption of the resolution.

f. Preliminary Subdivision Plan Application.

1. Upon approval by the Planning Board for the developer to proceed with the cluster option plan as set forth in subsection 19-5 1110e above, the developer shall proceed to submit a complete preliminary subdivision plan application with reduced lot sizes pursuant to the criteria set forth in Section 19-5 11 for the applicable zone district depicting the number of lots approved under the cluster option plan, both of which shall conform in all respects to the Land Use Ordinance In addition to meeting all applicable requirements set forth in the Land Use Ordinance, such plan shall make provision for open space lands which meet the criteria set forth in subsection 19-5 110g

2. The Planning Board shall hold a public hearing on the subdivision upon application described in subsection 19-5 1110f,l above, in accordance with the requirements for securing approval of preliminary subdivision set forth in The Municipal Land Use Law and the Township of Denville Land Use Ordinance Notice and publication shall be required pursuant to the Municipal Land Use Law

g. Open Space Requirements

1. The cluster option plan shall make provision for open space lands and to that end, the subdivider shall designate as open space that percentage of the total tract equal to the percentage by which the required lot areas are reduced from

(a) 81,000 square feet, for properties in the C zone,

(b) 40,250 square feet, for properties in the R-C zone,

(c) 40,250 square feet, for properties in the R-1 zone,

(d) 208,000 square feet, for properties in the R-1A zone, and

(e) 81,000 square feet, for properties in the R-1B zone

2. The property to be designated for open space shall be for one or more of the following purposes

(a) Undeveloped public open land

(b) Public recreational facilities

(c) Municipal administration buildings

(d) Public schools and school grounds

(e) Firehouses

(f) Libraries

(g) Common open space for the benefit of owners or residents of the development

3. No open space area shall be less than eight (8) acres, except in the R-1A zone in which case no open space area shall be less than ten (10) acres, unless the area is to be joined to an existing parcel of Township land, the aggregate size of which shall be not less than ten (10) acres or unless a smaller area is shown on the Master Plan or Official Map.

4. Any subdivision employing open space zoning shall not be approved if there is more than one (1) building lot per acre, including all open space lands

5. The open space area designated tinder the terms of this subsection shall be of usable size and shape with a minimum depth or width of at least two hundred fifty (250') feet provided, where unusual topographic conditions exist, the Planning Board may accept lesser depths or widths for portions of such area

6. The open space area designated under the terms of this subsection shall be an accessible location and provision shall be made for adequate access to such lands from public streets with such access points having a minimum width of at least one hundred (100') feet

7. The subdivider shall provide for the establishment of an organization for the ownership and maintenance of the common open space for the benefit of owners or residents of the development Said organization shall be required to maintain the common open space in reasonable order and condition in accordance with the design and function of said space as approved by the Planning Board hereunder The deed of the open space to said organization shall contain the applicable restrictions as set forth herein If said open space is not dedicated to and accepted by the Township or other governmental agency, such 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 the owners and residents of the 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 Township Nothing herein shall be construed to require the Township or other governmental agency to accept any such dedication of open space (Ord #1-92, 1)