Development under this provision is optional
and is intended to:
A.
Maintain the gross density of the tract in compliance
with the Master Plan.
B.
Permit a reduction in lot size within the developed
portion of the agricultural cluster to compensate for the 50% open
space set-aside.
C.
Provide a density bonus to encourage the continued
practice of agriculture and horticulture.
D.
Encourage development outside the A Zone in zones
which have been planned for medium to high density development and
accordingly planned for utility extensions.
E.
Recognize the requirement for a minimum size tract
of 200 acres to provide a minimum 50% set aside for a one-hundred-acre
farm.
The uses permitted in the AC option shall be
those uses and accessory uses permitted in the district in which the
cluster is located and cluster open space.
The AC option may be permitted in the A and
RR3/RR5, R-40 or C-R Districts, provided that the requirements set
forth below are met:
A.
The tract of land must contain lots which are all
contiguous as defined in the Farmland Assessment Act.
B.
The tract must contain lands in both the A Zone and
either the RR3/RR5, R-40 or C-R Zone.
C.
A minimum of 33% of the tract must be within the RR3/RR5,
R-40 or C-R Zone.
D.
The minimum tract size shall be 200 acres, except
that agricultural cluster developments that are found by the Planning
Board to be a logical extension of an existing or approved agricultural
cluster development may contain fewer acres to be approved by the
Planning Board.
E.
The total number of dwelling units permitted in the
cluster subdivision shall be determined by dividing the total land
area in the A Zone by 2.3 and adding that to the number of units permitted
on lands in the RR3/RR5, R-40, or C-R Zone to be determined by dividing
the total land area by the minimum lot size.
F.
The subdivision shall be served by public sewer and
water.
A.
The minimum lot standards set forth in Schedule 2,
Lot and Yard Requirements, may be reduced to not less than the standards
specified hereafter:
B.
The required frontage shall be met on each frontage
of a corner or through lot.
C.
No building lot shall front on an arterial street.
D.
Yards abutting the boundaries of the entire development
shall not be less than the minimum requirements for the RR3/RR5, R-40
or C-R Zone in which the tract is located under conventional zoning,
provided that this requirement shall not apply if there is proposed
common open space of a minimum one-hundred-foot depth at the edge
of the cluster development.
A.
Not less than 50% of the entire parcel shall be designated
as cluster open space. A minimum of 33% of the cluster open space
shall be in active agricultural or horticultural use at the time of
filing the application for development.
B.
A plan shall be presented to the Planning Board pursuant to Subsection D herein designed to insure continued active devotion to an agricultural or horticultural use for a period of not less than 20 years.
C.
No credit for cluster open space shall be given for
land within the one-hundred-year floodplain; except, however, where
the tract exceeds 500 acres in area, land in the one-hundred-year
floodplain shall receive credit for cluster open space, provided that
in no event shall such floodplain lands comprise more than 20% of
the cluster open space.
D.
Cluster open space shall first be made available to
the Township. Prior to dedication to the Township, the lands shall
be improved by the developer in accordance with Township requirements.
E.
If cluster open space is not accepted to public use,
it shall be protected by legal arrangements, satisfactory to the Planning
Board, sufficient to assure its maintenance and preservation in perpetuity
for its intended purpose. Covenants or other legal arrangements shall
specify ownership of the cluster open space; method of maintenance;
responsibility for maintenance; maintenance taxes and insurance; compulsory
membership and compulsory assessment provisions; guaranties that any
association formed to own and maintain cluster open space will not
be dissolved without the consent of the Planning Board; and any other
specifications deemed necessary by the Planning Board.
F.
Lands designated as cluster open space may be incorporated
into private lots which conform to this chapter upon approval by the
Planning Board that such land will be permanently protected from development,
and that the proposal conforms to the intent of the cluster open space
requirement.
An applicant proposing to develop lands in accordance with the above conditions shall first submit a sketch subdivision plan to the Planning Board in accordance with standards enumerated in § 112-181 of this chapter. After approval of the plat by the Planning Board, the applicant may then submit a plan in accordance with the standards and conditions of § 112-179 et seq.
The Planning Board shall determine, at a minimum,
the following findings with respect to the proposed cluster development:
A.
The development provides for a total environment better
than that which could be achieved under conventional subdivision.
B.
The application conforms to the Comprehensive Plan
of the Township.
C.
The application is designed to produce an environment
of stable and desirable character, consistent with the intent and
purpose of the cluster development regulations to promote public health,
safety and general welfare, and not out of harmony with its surrounding
neighborhood.
D.
The property would be used for purposes and in a manner
permitted in the existing district except for lot size and siting
of dwellings.
E.
The location, size, nature and topography of the cluster
open space areas make them suitable for agricultural and horticultural
uses or use as common areas for park, recreational purposes and buffer
areas between groups of dwellings.
F.
Cluster open space shall include irreplaceable natural
features located in the tract, such as but not limited to stream beds,
significant stands of trees, individual trees of significant size
and rock outcroppings; and shall also attempt to preserve existing
structures of features having historic or social value to the Township.
G.
If open space is intended to be improved and utilized
for active recreational or active public use, it shall be easily accessible
to pedestrians and designed to meet the needs of the handicapped and
elderly.
H.
If open space is intended for scenic value and purposes,
the suitability shall be determined by its visibility from a significant
number of units or length of streets.
I.
Diversity and originality in lot layout and individual
building design shall be encouraged to achieve the best possible relationship
between development and the land.
J.
Property in the vicinity of the area included in the
plan shall not be adversely affected by the cluster subdivision proposal.
K.
If the cluster open space is intended to be devoted
to an agricultural or horticultural use, it shall be designed to be
compatible with the overall development including that of the immediate
area, and sufficient arrangements made in accordance with Section
G5 herein to insure the maintenance and continuance of the use.
