3010 State Rte 10 Morris Plains, NJ 07950-3421

Residential cluster development in the R-1 Zone. In a residential subdivision in the R-1 Residence Zone the minimum lot area may be reduced to not less than that specified in Schedule D [5] for a clustered lot, provided that all of the following requirements are met: (12.1) The subdivision development plan will not result in a greater dwelling unit density than of the property in question were developed without residential clustering. In order to demonstrate compliance with this provision, the applicant shall submit a qualifying plan showing a conventional subdivision plan which will satisfy all zoning and development standards. (12.2) The open space area shall be equal to or greater than the same percentage of the total subdivision tract area that the lot areas have been reduced from the area requirements. (12.3) Any area reserved as permanent open space shall be suitable for its intended purpose and shall be at a location and of a shape as approved by the Planning Board. (12.4) The open space area shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes: (a) Undeveloped open space. (b) Public or private recreation facilities. (c) School grounds, including but not limited to the following purposes: undeveloped open space, recreational areas, environmental study areas and areas to improve access to a school site; provided, however, that the area dedicated shall not be utilized for the purpose of school construction. (d) Conservation of environmentally sensitive features, including but not limited to steep slopes, wetlands, floodplains and wooded areas. (12.5) Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owner's association or other appropriate organization. (12.6) No single area to be dedicated for public purposes shall be less than eight acres, unless the area is to be joined to an existing parcel of public property or unless a smaller area is shown on the Master Plan or unless, due to unusual circumstances, the area would serve an important public function, the general welfare of the Borough or otherwise promote the sound planning objective of the Borough as reflected in the Master Plan.