A parcel of land under single ownership zoned as residential
which permits residential cluster development as a matter of right,
with a minimum of three acres, may be designated as subject to the
regulations of this section. Such designation shall be at the discretion
of the Consolidated Land Use Board of Mansfield Township, where the
Consolidated Land Use Board of Mansfield Township determines that
such reduction shall serve the purpose of:
The Consolidated Land Use Board of Mansfield Township
may also require that entire developments or just sections of developments
be subject to this section in order to achieve the open space, parkland
and preservation of woodland objectives of this chapter.
The project is designed according to a pattern and
under conditions which would encourage only the most desirable type
of development, recognizing that the architectural quality and residential
character of certain neighborhoods in the Township of Mansfield shall
serve, protect and enhance the best interest of health, safety and
general welfare of the Township.
The proposed use shall exert no detrimental
effect upon surrounding areas because of poor arrangement, parking
and moving of vehicles, impairment of light or circulation of air
and destruction of neighborhood character.
Prior to submitting an application for a residential
cluster development, the applicant shall submit a subdivision designed
according to the R-1 zoning standards to the Consolidated Land Use
Board of Mansfield Township for review. The plans shall contain sufficient
information to ensure compliance with zoning requirements for the
R-1 Zone and environmental laws such as delineation of wetlands buffer
areas, floodplains and other critical areas. The plan shall address
circulation and drainage. A fully engineered plan shall not be required.
The Consolidated Land Use Board of Mansfield Township
review shall include reports of the Consolidated Land Use Board of
Mansfield Township Traffic Consultant, Engineer and Planning Consultant.
The maximum lot yield for the proposed residential
cluster development shall be the same number of lots as are shown
on the submitted subdivision based on full compliance with zoning,
subdivision and environmental requirements and standards. The maximum
lot yield for the proposed residential cluster development shall not
be based on variances or waivers from required standards for the subdivision.
The Consolidated Land Use Board of Mansfield Township
shall make a determination as to the maximum lot yield within 45 days
of an application for subdivision review or within such further time
as may be consented to by the applicant.
Nonsewered areas. The minimum lot size may be reduced to 40,000 square feet, subject to all of the permeability tests and other provisions as set forth in §§ 65-91.1 and 65-95.2.
Sewered areas. Proposed development located within
a designated sewer service area, as shown on the Township of Mansfield
Wastewater Management Plan, shall provide reduced minimum lot sizes
as follows, subject to each lot having the ability to connect to an
approvable central sewerage facility:
The reduction of lot sizes shall be designed so that
when the amount of land reserved under the requirements of this section
is added to the dwelling lots, the two will be equal to the lot size
requirements of the district in which it is located.
When a residential clustered development is permitted
by the Consolidated Land Use Board of Mansfield Township, the reserved
land resulting from the clustered housing design may be dedicated
to and accepted by the Township, dedicated to a homeowners' association
or retained in private ownership.
[Amended 8-11-1999 by Ord. No. 1999-15; 3-5-2020 by Ord. No. 2020-5]
Use of lands dedicated to and accepted by the Township
shall be limited to agricultural uses, including farm buildings, woodland,
conservation purposes, public educational facilities for grades kindergarten
through 12 or municipal uses, including recreation.
Use of lands dedicated to a homeowners' association
shall be limited to agricultural uses, including farm buildings, woodland,
conservation purposes or private recreational uses for members of
the homeowners' association.
The reserved land shall be restricted against future
development, except as specified in § 65-82H(1) through
(3) by the filing of a deed to record the restrictions on use and
annotation of the use restrictions on the filed plat. The wording
of the deed and the annotation on the filed plat shall be subject
to the review and approval of the Consolidated Land Use Board of Mansfield
Township Attorney.
In addition, municipal uses, including recreation,
private recreational uses and public educational uses, shall receive
the approval or the positive recommendation of the Township Consolidated
Land Use Board.