The purpose of cluster residential development is to provide standards pursuant to N.J.S.A. 40:55D-39 to encourage and promote flexibility and economy in layout and design to preserve open space by reducing area and yard requirements. The cluster residential development option is permitted in the R-1 and R-2 Residential Districts in accordance with the following requirements:
A. Both a public water supply system and public sanitary sewage collection system and treatment system shall provide service to the development.
B. At least twenty (20) percent of the total tract area of a proposed cluster residential development shall display wetlands, 100 year floodplain, critical aquifer recharge areas, ridgelines and/or steep slopes as defined in Section 13-7.818E. The area of an overlapping critical natural resource may only be counted once.
C. When 20% critical areas are not present, a cluster residential development shall be permitted only if open space is developed for active or passive recreation with such improvements deemed as acceptable by the Planning Board.
D. The maximum number of buildable lots shall not be greater than the number of buildable lots for a noncluster development of the same property. Lot yield shall be determined by a conceptual plan delineating two foot contour intervals with wetlands, 100 year floodplain and steep slopes. The concept plan shall depict a viable conventional lot layout prepared in accordance with the respective zone district requirements and design regulations without creating variances and respecting current State wetland and floodplain regulations. Upon acceptance of the noncluster/conventional lot yield plan by the Planning Board, the applicant shall utilize the accepted lot yield for the cluster development.
E. The minimum number of buildable lots for a cluster residential development shall be ten (10).
F. The minimum lot area and bulk requirements for buildable lots in a cluster residential development shall be as follows:
G. The subdivider shall devote for open space the same percentage of the total subdivision tract area by which the lot area has been reduced.
H. The minimum size of an open space parcel offered to the Township, or homeowners association shall be 2.5 acres in the R-1 Residence District and
1.5 acres in the R-2 Residence District unless a lesser size is authorized by the
Planning Board for specific reasons that are peculiar to a particular parcel of property. The open space parcel shall first be offered to the Township; provided, however, the Township shall not be obligated to accept same.
1. Access to individual buildable lots shall be prohibited from existing secondary arterial and existing residential collector roads.
J. The land designated for open space shall include, wherever feasible, areas worthy of preservation such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value, as well as sites valuable for their historical significance. The developer may be required to plant trees or make other similar landscaping improvements to such areas. The land designated for open space areas shall be subject to approval by the Township Planning Board in its review and evaluation of the suitability of such land. Efforts should be made to assemble such land from adjoining areas so as to form continuous bands of open space.
K. Notwithstanding other provisions of this Ordinance, development proposals in accordance with this section shall only be approved by the Planning Board as regulated herein when the following findings are made:
1. That the proposals for maintenance and conservation of the permanent common open space are reliable, and the amount, location design and function of the permanent common open space are adequate.
2. That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, recreation and visual enjoyment are adequate.
3. That the proposed development will not have an unreasonably adverse impact upon the area in which the development is proposed to be established.
4. That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development are adequate.
L. Open space deeded to and accepted by the Township shall meet the following requirements:
1. Documentation of title duly executed and in recordable form shall be delivered to the Township Council accompanied by a Certificate of Title Insurance from a New Jersey title insurance company attesting to good and marketable title.
2. The documentation referred to above shall be in the form of a deed. The developer or subdivider, as the case may be, shall maintain the area and shall install any improvements thereon which may be required prior to the transfer of property.
M. Where open space or common property is created and the Township will not take title to such land, a homeowners association shall be established in accordance with N.J.S.A. 40:55D-43. The creation of the organization shall be approved by the approving Board's Attorney and shall incorporate the following provisions which shall be submitted and approved prior to final subdivision approval:
1. Membership in any created open space organization shall be mandatory by all property owners. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro-rata share of the organization's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of the covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.
2. Executed deeds shall be tendered to the Township simultaneously with the granting of final subdivision approval stating that the prescribed use(s) of the lands in common ownership shall be absolute. and not subject to reversion for possible future development.
3. The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability.
4. Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.
5. The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Township.
6. Part of the development proposals submitted to and approved by the Township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which it holds title.
N. The maintenance of open space owned by a non-municipal organization shall be subject to the following:
1. In the event that a non-municipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Township Council 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, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.
2. At such hearing, the Township Council 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 remedied. If the deficiencies set forth in the original notice or the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said 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 initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Township Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality continue for a succeeding year. If the Township Council shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.
3. The cost of such maintenance by the municipality shall be assessed prorata 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 said 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.
A. Purpose. The purpose of the cluster development option is to provide standards pursuant to N.J.S.A. 40:55D-29, or any amendments thereto which encourages and promotes flexibility, economy and environmental soundness in layout and design. In accordance with these standards, the Planning Board may approve the reduction of lot areas and dimensions, and yard, setback and coverage provisions otherwise required in these zones. The standards shall be appropriate to the type of development permitted.
B. Application. The cluster development option requirements may be applied in accordance with the provisions of this section to modify bulk and area requirements specified in the R-R and RR-5 residence districts.
C. Minimum Area. The minimum total area of a tract to be developed under the cluster development options shall be ten (10) acres in the R-R and OS districts and fifteen (15) acres in the RR-5 district. Such area to be so developed shall be as a single entity or under unified control.
D. Findings by the Planning Board. Notwithstanding other provisions of this section, development proposals in accordance with this section shall only be approved by the Planning Board as regulated herein if the following findings are made:
1. That departures by the development from zoning regulations otherwise applicable to the property conform to N.J.S.A. 40:55D-65 and any amendment thereto.
2. That the proposals for maintenance and conservation of the permanent common open space are reliable, and the amount, location, design and function of the permanent common open 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 propose development will not have any adverse impact upon the area in which the development is proposed to be established.
5. That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development regarding completion of the development are adequate.
E. General Procedures. Development proposals using the cluster development option shall comply with the applicable requirements of the Township's subdivision and site plan requirements. Further, nothing contained in this section shall relieve the owner or this agent or the developer of a cluster subdivision from receiving subdivision plat approval in accordance with the Township's subdivision regulations.
F. Maximum number of lots. The maximum number of cluster lots to be permitted in a subdivision application submitted under this section shall be determined by the approval of a sketch plat of the subdivision if developed in a conventional manner. The Planning Board shall not approve a subdivision development plan that will result in a greater number of buildable lots than would result in he property in question were developed meeting the conventional minimum lot area requirement for the applicable zone, as well as all applicable requirements of this Ordinance and other Township Ordinances. To this end, a developer requesting approval of a development under these provisions shall submit a density plan/sketch plat for approval of the Planning Board which shall demonstrate the number of achievable lots per the conventional minimum lot area requirements of the applicable zone. Such sketch plat shall show proposed roads and existing topographic contours at 2 foot intervals as well as environmental information which is typically provided during the preliminary plat approval, such as wetland information, steep slopes, flood plains and rock outcroppings. The number of lots contained in the approved sketch layouts shall be conclusive as to the total number of lots allowed under the cluster development option.
G. Area reductions permitted. In a cluster development, single lots for singlefamily detached dwelling units may be reduced in size as stipulated below. The number of individual building lots created shall be no greater than if the tract were developed as a conventional subdivision and the lots were not reduced in size. Lot areas may be reduced provided that the land which would otherwise be required for residential lots, but which is not so used under the permitted lot area reduction provisions in this subsection, shall be devoted to open space.
