(Added 2/9/88 by Ordinance #1380; Amended 6/12/01 by Ordinance No. 3223)
A. DEFINITIONS [Added 6/12/01 by Ord. No. 3223]
(1) CONSERVATION PLAN : means a two part detailed analysis of the land area proposed to be preserved as detailed in section (H)(3) of this ordinance. All Conservation Plans shall consist of a written narrative which provides all information required by section (H)(3) of this ordinance; and a Conservation Plan which shall also consist of a map or maps showing the existing natural features and contours and any changes if proposed by an applicant.
(2) In addition to any other definition provided in this Ordinance, for purposes of this section "Preservation Area" additionally means the area of property as detailed in the Conservation Plan which shall be preserved without any modifications to the existing grades, vegetation or any other natural or historic resources on the site, except in accordance with a Conservation Plan approved by the Planning Board pursuant to this Ordinance which plan may specifically provide for the retention or creation of agricultural or horticultural uses and/or structures pursuant to Section 112-9P(2) herein.
B. STATEMENT OF PURPOSE
Cluster Development under this provision is optional and intended to:
(1) promote imaginative, well-designed subdivisions;
(2) encourage a coordinated plan of development of major land parcels under one ownership, where significant portions of such land parcels contain, or are in proximity to, natural resource features which should be preserved from development;
(3) retain the rural character of the area in which said land parcels are situated;
(4) establish procedures to assure adequate maintenance and restricted use of open space areas for the benefit of the inhabitants of the subdivision, or for dedication to public use;
(5) establish procedures to assure adequate protection of existing and potential developments adjoining the proposed cluster subdivision;
(6) Protect historic villages, historic districts, and historic structures or sites.
(7) Protect aesthetically significant ridge lines and viewsheds from the Delaware & Raritan Canal State Park and Canal Road,
(8) Protect frontage along any existing or proposed reservoir, as well as -along all reservoir-owned property.
(9) Protect forests, significant stands of trees and individual trees of significant size.
(10) Protect stream corridors, headwaters of streams, wetlands, flood plains, flood hazard areas, ponds or lakes.
(11) Protect farmland and recently-cultivated farm fields including typical farm features such as hedgerows and individual tree stands.
(12) Protect rock outcroppings, including the bluffs and cliffs along Canal Road and the Delaware & Raritan Canal State Park.
(13) Maintain the gross density of the tract in compliance with the Comprehensive Plan of the Township.
(14) Permit a reduction in lot size within the developed portion of the R-40 Zone and A Zone, and in the RR3 Zone and RR5 Zone when combined with lands within the A Zone, for the preservation of open space. [Amended 6/12/01 by Ord. No. 3223]
(15) Provide for dedication of land as identified in the Master Plan. [Amended 6/12/01 by Ord. No. 3223]
(16) Protect land and natural resources from damage both prior to and after construction with a direct ban on the mining or extraction of any natural resources from the portion of real property to be preserved as part of the preservation area except in accordance with a Conservation Plan approved by the Planning Board pursuant to this Ordinance. [Added 6/12/01 by Ord. No. 3223]
(17) Provide for a financial endowment by the Applicant under a formula determined by the Township for the property to be deeded to the Township to be used for the costs of upkeep and maintenance by the Township of that specific on tract open space. [Added 6/12/01 by Ord. No. 3223]
C. PERMITTED USES [Amended 6/12/01 by Ord. No. 3223]
The uses permitted in the NRPC option shall be those uses and accessory uses permitted in the district in which the cluster development is located and also preservation areas.
D. CRITERIA FOR CLUSTER DEVELOPMENT (Amended 1/28/97 by Ordinance No. 1992; 2/25/97 by Ordinance No. 1997; 6/12/01 by Ordinance No. 3223)
The NRPC Option may be permitted in the R-40 district alone, the A district alone or the A and RR3 and RR5 combination districts provided the requirements set forth below are met:
(1) The tract shall be under one ownership or controlled by the Applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the NRPC District.
(2) All contiguous or non-contiguous tracts shall have an aggregate area of not less than forty (40) acres, [which acreage may be reduced to ten (10) acres if the resulting preservation area will adjoin another preservation area or land of similar nature that has been protected in a similar manner. [Amended 6/12/01 by Ordinance No. 3223]
(3) At least forty (40 %) percent of the tract shall be a Preservation Area. The Preservation Area shall contain two or more of the following natural resource features: [Amended 6/12/01 by Ordinance No. 3223]
(a) Heavily-wooded and forested areas, hedgerows, significant stands of trees or individual trees of significant size;
(b) Natural wildlife habitats,
(c) Streams, stream corridors, , headwaters of streams, wetlands, flood hazard areas, ponds or lakes;
(d) Rock outcroppings, including the bluffs or cliffs along the Delaware & Raritan Canal;
(e) Frontage along the Delaware & Raritan State Park and Canal Road;
(f) Historic structures, sites, villages or districts;
(g) Frontage along any existing or proposed reservoir and all reservoir owned acreage;
(h) Farmland and recently cultivated farm fields, including typical farm field features such as hedgerows and tree stands;
(i) It may also include a dedication of land as identified in the Master Plan for public use. [Amended 6/12/01 by Ordinance No. 3223]
(4) Dwelling units within the cluster development may be serviced by individual wells and septic systems, provided the minimum lot size is equal to or greater than two (2) acres.
(5) Dwelling units within the cluster development may also be serviced by public sewer and public water utilities.
(6) The Applicant shall submit with its application a Yield Map demonstrating that under the lot size requirements particular to the zone, the Applicant at issue, would otherwise be entitled to approval for the number of units sought for the cluster development without resort to variances or other waivers or design modifications such as wetland buffer averaging. In applications for development of non-contiguous tracts, individual tracts may include more housing units than allowed by zone density, within allowable overall density for the total development, solely at the discretion of the Planning Board for the purpose of preservation and a coordinated plan of development. [Amended 6/12/01 by Ord. No. 32231
(7) The Applicant shall submit a commitment in the form of a letter of intent to create a financial endowment to the Township for the Preservation Area under a formula determined by the Township for the costs of upkeep and maintenance by the Township of that specific on-tract open space. [Added 6/12/01 by Ord. No. 3223]
E. DEVELOPMENT STANDARDS (Amended 2/25/97 by Ordinance No. 1997; 6/12/01 by Ordinance No. 3223)
An application submitted under this Option, in addition to compliance with the provisions of Section 112-31C hereof shall also comply with the following:
(1) The Development Areas may only be developed for detached single-family residential dwellings.
(2) Preservation areas shall be located in appropriate locations and arranged in such a manner so as to further and foster the purposes of the NRPC Option.
(3) All Preservation Areas shall be dedicated for non-development and open space uses in such manner as delineated in this ordinance, or for municipal purposes as identified in the Master Plan. Preservation Areas shall not be altered, disturbed or damaged by the applicant before or during construction. Activities including, but not limited to, the mining, extraction, or balancing of soil, subsoil or other natural resources, the stockpiling of soil or subsoil or any construction materials or activities are not allowed in Preservation Areas except in accordance with a Conservation Plan approved by the Planning Board pursuant to this Ordinance. The removal of trees or other existing vegetation is not allowed on Preservation Areas except in accordance with a Conservation Plan approved by the Planning Board pursuant to this Ordinance which plan may specifically provide for the retention or creation of agricultural or horticultural uses and/or structures pursuant to Section 112-9P (2) herein. [Amended 6/12/01 by Ord. No. 3223]
(4) Lots shall be developed according to the following lot and yard requirements:
15,000 square feet to .99 acres - in accordance with the R-15 standards;
