[Added 4-10-72 by Ord. No. 72-8-EE]
[Amended 11-24-86 by Ord. No. 86-793; 6-12-89 by Ord. No. 89-36]
Cluster development zoning may be applied as a conditional use in accordance with the provisions of this Article to modify lot areas, lot widths and depths and front yard, side yard and rear and requirements specified in the R-1 Single-Family Rural, R-2 Single-Family Suburban Residence District and the R-3 Single Family Residence Districts.
The Township Council of East Brunswick. being aware of the need to preserve open spaces within the community and of current practices in the development of residential land and being further aware of the problems such needs and practices create, has determined that the purposes of this chapter as enumerated in §228-2 would be furthered by permitting reductions in lot area in the case of residential developments where such developments provide compensating open spaces, all as hereinafter provided. It finds that such cluster development zoning:
A. Can serve the needs of conservation by permitting the preservation of the natural ecological features of the community, by lessening the impact of development on the land and by providing for population growth without the development of all our land.
B. Can be designed with a lower per lot cost for streets and utilities
C. Can result in lower total length of streets and utility lines. thereby lowering the municipality's costs of service and maintenance.
D. Can be developed to encourage separation of vehicular and pedestrian traffic.
E. Can be developed to include recreational facilities in appropriate relation ship to places of residence.
F. Can allow the linkage of open spaces, thereby creating a continuous greenbelt.
G. Can create buffer areas to separate incompatible land uses or hide unsightly areas
H. Can promote diversification of development, including curvilinear streets, culs-de-sac. staggered setbacks and varied lot sizes
[Amended 6-12-89 by Ord. No. 89]
[Amended 6-12- 89 by Ord. No. 8936; 12-13-93 by Ord. No. 93-76]
A. In an R-1 zone, the following criteria shall be utilized in determining whether to grant a conditional use for clustering:
1. Minimum Tract Area: twenty (20) acres.
2. Maximum Density: one (1) dwelling unit per acre. Maximum density shall be the same as in a conventional subdivision. The applicant shall submit a sketch of a feasible conventional subdivision to establish the allowable number of developable lots within the cluster subdivision.
[Amended 12-13-93 by Ord. No. 93-76]
3. Developable lots shall be located to minimize impact of adjacent environmental nuisances, such as highway noise or glare. The applicant shall demonstrate that adjacent environmental nuisances are mitigated to jevels specified in the Township's performance standards (T.C. 228-216) at each developable lot's property line.
4. Common Open Space: twenty-five (25) percent of the site with a minimum of five (5) contiguous acres
5. Minimum Lot Size: twenty thousand (20,000) square feet
6. Minimum Lot Width: one hundred twenty (120) feet.
7. Minimum Front Yard Setback: forty (40) feet for principal or accessory buildings
8. Minimum Side Yard Setback: one side: twenty (20) feet; two sides: forty (40) feet
10. Minimum Accessory Building Side or Rear Setback: fifteen (15) feet
11. Minimum Off Street Parking: 2.0 spaces for each dwelling unit (garages shall not be considered parking spaces).
12. Maximum Height: 2-1/2 stories or 35 feet measured from grade.
B. In an R-2 zone, the following criteria shall be utilized in determining whether to grant a conditional use for clustering:
1. Minimum Tract Area: twenty (20) acres
2. Maximum Density: one (1) dwelling unit per twenty thousand (20,000) square feet. Maximum density shall be the same as in a conventional R-2 subdivision. The applicant shall submit a sketch of a feasible conventional subdivision to establish the allowable number of developable lots within the cluster subdivision.
[Amended 12-13-93 by Ord. No. 93-76]
3. Developable lots shall be located to minimize impact of adjacent environmental nuisances, such as highway noise or glare. The applicant shall demonstrate that adjacent environmental nuisances are mitigated to levels specified in the Township's performance standards (T.C. 228-2.16) at each developable lot's property line.
4. Common Open Space: twenty-five (25) percent of the site with a minimum of five (5) contiguous acres.
5. Minimum Lot Size: fifteen thousand (15,000) square feet
6. Minimum Lot Width: one hundred (100) feet
7. Minimum Front Yard Setback: thirty-five (35) feet for principal or accessory buildings.
8. Minimum Side Yard Setback: one side: ten (10) feet; two sides: twenty-five (25) feet.
10. Minimum Accessory Building Side or Rear Setback: ten (10) feet
11. Minimum Off Street Parking: 2.0 spaces for each dwelling unit (garages shall not be considered parking s aces).
12. Maximum Height: 2-1/2 stories or 35 feet measured from grade.
C. In an R-3 zone, the following criteria shall be utilized in determining whether to grant a conditional use for clustering.
1. Minimum Tract Area: fifteen (15) acres.
2. Maximum density: one (1) dwelling unit per fifteen thousand (15,000) square feet. Maximum density shall be the same as in a conventional R-3 subdivision. The applicant shall submit a sketch of a feasible conventional subdivision to establish the allowable number of developable lots within the cluster subdivision.
[Amended 12-13-93 by Ord. No. 93-76]
3. Developable lots shall be located to minimize impact o adjacent environmental nuisances, such as highway noise or glare. The applicant shall demonstrate that adjacent environmental nuisances are mitigated to levels specified in the Township's Performance Standards (T.C. 228-216) at each developable lot's property line.
4. Common Open Space. Twenty-five (25) percent of the site with a minimum of three (3) contiguous acres
5. Minimum lot size: 6,000 square feet, except that in no case may the area of lots which adjoin either existing residential lots or open spaces that adjoins existing residential lots be reduced in area to less than 90 percent of the average area of the adjoining existing residential lots.
6. Minimum lot width: sixty (60) feet
7. Minimum front setback: 2 feet for principal buildings.
8. Minimum rear yard setback: 20 feet for principal buildings.
9. Minimum side yard setback: 20 feet between structures on adjacent lots
10. Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any clustered development. the front and side setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, or side yard setbacks as defined herein.
11. Accessory structures: shall not be permitted in the front yard area and shall be setback a minimum of 5' from the rear and side lot lines.
12. Minimum Oft Street Parking: 2.0 spaces for each dwelling unit (garages are not considered parking space).
[Amended 6-12-89 by Ord. No. 89-36]
Lot areas may be reduced as indicated in this Article, provided that the land which would otherwise be required for house lots, but which is not so used under the permitted lot size reduction provisions of this section, shall be devoted instead to open space, and further provided that the average lot area shall not be less than the minimum, lot area otherwise required in the Zoning District referred to in this section.
A. Common open space shall remain m private ownership unless the Planning Board determines that public ownership is desirable and unless the subdivider agrees to the necessary land donation, in which case ownership shall be in the Township of East Brunswick or in such other public body as shall be deemed appropriate, provided that the township or such other public body shall approve such public ownership in accordance with the terms and provisions of Article VI of Chapter 192. Subdivision of Land, of the Code of the Township of East Brunswick
B. If private ownership in common open space is contemplated by the subdivider, documentation of such ownership shall be submitted. Such documentation shall include the name and address of the owner, if then known, or, if not, a statement of the nature of the owning entity, such as a homeowner's association. It shall also include adequate provisions to ensure the retention and maintenance of such space for open space uses in perpetuity. Such documentation shall be subject to and accompanied by the approval of the Township Attorney, and it may include a provision that the fee title vest in the township in the event that the space shall not be retained or maintained for open space uses.
C. In the event that the township shall obtain title to such open space, the township shall then maintain the land for open space uses. Proposed documentation of such public ownership shall be submitted and shall be subject to and accompanied by the approval of such ownership and the terms and conditions of such documentation by the Township Attorney and by the Township Council or other public body that is to assume ownership.
D. In no event shall title to open space be conveyed by the developer prior to the posting of maintenance guaranties
[Added 2-27-89 by Ord. No. 89-995]
[Added 12-10-73 by Ord. No. 73-8-JJ]
The same rules, regulations and enforcement procedures set forth in §132-52 shall be applicable herein.
**Webmasters Note: The previous article has been amended as per Ordinance No. 01-28.
[Added 11-25-96 by Ord. No. 96-39]
Unless specifically prohibited in this Article, the following regulations shall apply to all R-5 Districts
[Added 11-25-96 by Ord. No. 96-39]
Principal uses and building permitted are as follows
A.Single-family dwellings
[Added 11-25-96 by Ord. No 96-39]
A.Home occupations as defined in Section 228-3B of this chapter
B.Private garages as defined in Section 228-3B of this chapter, provided, however, that the garage shall be for not more than three (3) private cars or two (2) private cars and one (1) commercial vehicle as defined in Section 228-224C
[Added 11-25-96 by Ord. No. 96-39]
Prohibited buildings and uses are as follows
A.Any uses and building not listed in Section 228-48 2 and Section 228-48 3
B.Professional occupations
C.Parking of trucks or other commercial vehicles and trailers as restricted in Section 228-224C
D.Mechanical amusement devices and mechanical amusement facilities
E.Sex clubs and massage parlors
F.Limousine and livery service
[Added 11-25-96 by Ord. No. 96-39]
A.Density one (1) dwelling unit per twenty thousand (20,000) square feet
B.Minimum Lot Width eighty (80) feet
C.Minimum Lot Area eight thousand (8,000) square feet
D.Front yard setback for principal and accessory structures thirty-five (35) feet
E.Side Yard Setback for principal and accessory structures one side Ten (10) feet, two sides twenty (20) feet
H.Maximum Height Thirty-five (35) feet
