[Amended 11-9-1992 by Ord. No. 14-92]
In the RR-2, RR-5 and R-5 Zones, cluster development, whereby the minimum lot area and yard requirements may be reduced as prescribed in the Schedule of Requirements in §
157-87B below, is permitted in large scale subdivisions, subject to the following conditions.
[Amended 11-9-1992 by Ord. No. 14-92]
The intent of this article is to permit, as
a principal permitted use, the creation of single-family detached
dwellings on smaller lots than would otherwise be permitted within
certain districts, for the purpose of creating open space in usable
areas and quantities, preserving desirable natural features and tree
cover and encouraging the high quality of lot layout, planning and
land design which will stabilize and enhance the character of the
district of which they are a part and to preserve the health, welfare
and safety to the entire community.
The following special provisions shall be satisfied
before a cluster development conditional use shall be approved:
A. Total land area. The proposed cluster development
shall embrace a minimum contiguous land area and have a maximum density
in the zone or zones wherein such use is authorized in accordance
with the following schedule:
|
Zone
|
Minimum Tract Area
(acres)
|
Density
(dwelling units per acre)
|
---|
|
RR-5
|
22
|
1 per 2.5
|
|
R-5
|
15
|
1 per 5
|
|
RR-2
|
22
|
1 per 1
|
B. Each individual lot (and structure thereon) within
a cluster development shall meet the requirements as prescribed in
the R-1 Zone as shown in the Schedule of Lot, Yard and Height Regulations, except for lot area, and shall satisfy all applicable
requirements of the general regulations. The minimum lot area of each
individual lot in each zone shall be as follows:
|
Zone
|
Minimum Lot Area
(square feet)
|
---|
|
RR-5
|
50,000
|
|
R-5
|
60,000
|
|
RR-2
|
30,000
|
C. Subdivision and/or site plan approval for the cluster development shall be required in accordance with the provisions of Articles
III and
IV of this chapter.
D. Underground utilities. The entire project shall be
designed and constructed to provide public utility services, including
stormwater drainage and public water, as well as electric, telephone
and, where desired, CATV cables, all of which utility service systems
shall be installed underground, except that in cases where the Planning
Board, because of soil conditions or other special physical site problems,
shall determine that this requirement would be unreasonable or not
feasible, the Planning Board may waive the underground installation
requirement as to one or more of such utility services.
E. Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by Article
III of this chapter, shall be provided as approved by the Planning Board of the Borough of Hampton.
F. Detached single-family dwellings. Only detached single-family
homes can be constructed and occupied as such in cluster developments.
No other uses shall be permitted.
G. Open space. There shall be dedicated irrevocably for
use as common open space within the cluster development, for the benefit
of the residents of such development, an area or areas shown on the
plan of the entire development and approved by the Planning Board.
(1) The required minimum open space for the cluster development
shall be calculated as a percentage of the tract area and shall be
as follows for the different zones:
|
Zone
|
Percentage
|
---|
|
RR-5
|
45
|
|
R-5
|
65
|
|
RR-2
|
25
|
(2) In calculations for density, open space, etc., the
area of the tract shall be used. Such area shall be based upon a certified
property survey prepared by a land surveyor licensed to practice in
the State of New Jersey and shall exclude areas for existing road
rights-of-way and aerial utility line easements.
(3) As part of the minimum open space described in Subsection
G(1) above, there shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of five acres of well-drained, reasonably level land suitable for recreation and/or horticultural use. The Planning Board may require that the open space be improved for recreational purposes by the installation of facilities and/or equipment, such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. Use of open space for horticultural purposes is encouraged in addition to recreational use.
[Amended 8-13-1984]
(4) Usable common open space shall be developed and improved
in accordance with the declared proposals set out in the developer's
approved site plan of the entire development in a manner and rate
consistent with the development of the subdivision. The developer
shall complete various stages or portions of the improved common open
space and facilities to be constructed thereon prior to final subdivision
plat approval of any section of the cluster development.
(5) Each additional unit of common open space shall contain
an area of at least two acres and shall have a reasonable access strip
at least 25 feet in width, with frontage on a street.
(6) All land to be devoted to common open space shall
be reasonably usable for the purpose proposed. Undrained swampland
or land with a slope in excess of 8% or other peculiar topographic
characteristics which cannot be reasonably used for any recreational
or horticulture purposes shall not qualify for inclusion in common
open space, nor shall any land be included unless reasonable provision
is made by the developer for the drainage of surface waters therefrom
to prevent erosion thereof or of abutting properties.
(7) All or part of such common open space may be offered
for dedication to the Borough, but the Borough shall not be obligated
to accept the same. All common open space not accepted by the Borough
shall be conveyed irrevocably to a duly incorporated property owners'
association (in which the owners of each lot in the cluster development
shall be entitled to vote on the basis of lot ownership), which shall
be responsible to properly maintain perpetually all of such common
open space, pay all taxes assessed to the land constituting the same,
as well as any improvements thereon, and supervise all activities
conducted thereon, it being understood that the municipality shall
have no obligation whatsoever in connection with such common open
space other than normal municipal services furnished to the public
in general.
(8) The deed of conveyance of such common open space to
the property owners' association shall contain restrictive convenants
limiting such land to the common use of the homeowners or tenants
within the cluster development, for the purposes (not inconsistent
with those initially approved) which the Planning Board might subsequently
approve at the request of the property owners' association. Said deeds
shall also contain a restriction that said lands may not be sold or
disposed of by the association, except to another organization formed
to own and maintain said common open space, without first offering
to dedicate the land to the municipality. If the land is refused by
the Borough governing body, it shall then be offered to another Borough
agency or any other governmental agency.
(9) Prior to the sale of any lots within the cluster development,
the developer shall execute and record a declaration of convenants
and restrictions (after approval thereof by the attorney for the Planning
Board as to form and by the Planning Board as to adequacy) by the
terms of which all lands within the cluster development the owners
thereof shall at all times be bound to an annual assessment, according
to an equitable formula based upon lot ownership, to meet the expenses
of maintaining the common open space and all facilities therein. Such
declaration of covenants and restrictions shall contain clear, unequivocal
provisions creating an enforceable lien in favor of the property owners'
association upon each and every lot within the development (regardless
of whether or not a home shall have been constructed thereon and whether
or not the vacant lot shall have been sold by the developer) for any
unpaid annual assessment by the property owners' association. The
declaration of covenants and restrictions shall also make the Borough
of Hampton a party thereto, granting to the municipality express power
to compel the association to perform its obligations relative to the
maintenance of the common open space and all facilities thereon, and
providing that in case of default by the association, the municipality,
subject to the giving of notice and hearings provided in N.J.S.A.
40:55D-43, shall cause such work to be done as may be reasonably necessary
to properly maintain such common land and facilities, and in addition
the municipality, in the event of failure of the association to maintain
the common open space in a reasonable condition, shall have the right,
after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain
said common space from year to year and to charge the cost ratably
against each and every lot in the development for its proportionate
share. Such charge shall be a tax lien upon such properties, payable
with the taxes. The declaration shall also provide that each deed
for each lot shall contain a specific covenant to run with the title
to such lot, obligating the owner to promptly pay the annual assessments
of the property owners' association and providing for a lien therefor
upon the lot until paid.
(10)
Certified copies of the certificate of incorporation
of the property owners' association, its bylaws and the declaration
of covenants and restrictions therein to be contained, as well as
any general declaration of restrictions, protective covenants and
other documents that affect the title and/or the implementation of
the administration of the common open space within the cluster development,
shall be submitted to the Planning Board for approval and filed with
the Borough Clerk prior to final plat approval of the first section
of the cluster development by the Planning Board. The declaration
of covenants and restrictions and any general declaration restricting
the use, area and yard requirements of the individual lots shall be
recorded in the office of the County Clerk.
(11)
The implementation of a cluster development
shall be planned so as to coordinate the improvement of common open
space and recreation uses and the construction of dwelling units,
so that development of each use shall proceed at the same rate or
in the same proportion. To ensure compliance with this subsection,
the Borough Engineer shall, prior to final plat approval of each section
of the cluster development, review said development and examine the
construction which has taken place on the site. If he shall find that
the development has not taken place in accordance with the approved
plan, then he shall report such fact to the Planning Board, which
may not approve the final plat.