[Added 8-8-1989 by Ord. No. 1989-4[1]]
[Amended 3-8-1999 by Ord. No. 1999-03]
Cluster residential developments of single-family detached dwellings,
which will meet applicable state, county and Township standards and
regulations, shall be permitted in all R-L, R-M and R-1B Districts,
subject to the provisions contained in this section.
A.
Purpose. The purpose of this section shall be to provide a method
of development of residential lands which will nevertheless preserve
desirable open spaces within the Township.
B.
Objectives. In order to protect and preserve the open space of the
Township and to further the public health, safety, morals and general
welfare, the following statement of objectives is set forth:
(1)
To encourage innovations in residential developments so that the
growing demands of the population may be met by a greater variety
of types, design and layout of buildings and by the conservation and
more efficient use of open space.
(2)
To encourage a more efficient use of land and of public services
or private services in lieu thereof.
(3)
To provide for a continuous and integral open space system.
(4)
To conserve the value of the land.
(5)
To encourage more flexible land development that will preserve and
enhance natural resources, such as streams, lakes, floodplains, groundwater,
wooded areas, steeply sloped areas and areas of unusual importance
to the natural ecosystems.
(6)
To provide a common open space within developments which shall be
planned and designed to achieve the Township goals of ensuring that
adequate recreation areas are set aside in suitable locations to provide
for the recreation needs of the residents of the development and Township.
(7)
To provide for various densities, lot sizes and street patterns that
are suitable to the land and aesthetic factors that will enhance each
development.
(8)
Furthermore, it is the general purpose and intent of the open space
and recreation requirements that all new development in the Township
contribute to the overall recreation and land conservation program
of the Township; that passive and active recreation are of equal importance
and both serve legitimate municipal health, safety and welfare purposes;
that, to the extent feasible, central recreation facilities owned
and maintained by the Township be generally accessible to the majority
of Township residents; that active recreation be centrally located
in close proximity to population centers and existing recreation facilities,
such as the schools and Township-owned recreation lands; and that
passive open space be utilized to create an integral community.
C.
Plan submission. A subdivision or site plan, as applicable, shall
be submitted, except that, when any portion of a project is being
subdivided, then the entire project shall be submitted as a subdivision
plan in one entity. The Land Use Planning Board may waive, for large
parcels, those submission requirements that are not needed at the
preliminary plan level and which will be submitted in detail with
the final plan submission.
[Amended 12-10-2001 by Ord. No. 2001-12]
D.
Size. The minimum tract size shall be 40 acres.
E.
Limitations. No cluster development shall be permitted to provide
a number of lots in excess of the number which would be permissible
under non-cluster-development procedures.
F.
Utility connections. The project shall be connected to and adequately
serviced by a utility system, including water, sewerage and drainage.
G.
Size requirements. The lot size, yard, bulk and height requirements
shall conform to the applicable standards for each zone.
H.
Open space. The open space areas resulting from the reduction in lot size, as set forth above, shall be in conformity with the definition of "open space" as set forth in § 540-6. The open space areas shall not constitute less than 25% of the total tract to be developed in the R-M District and 50% of the tract area in the R-L District. The open space areas shall be interior to the development, and no parcel of open space shall be less than four acres. Where possible, open space parcels should be large enough to accommodate active recreation facilities. In order to provide continuous jogging and bicycle paths, large parcels of open space should be interconnected using the regular sidewalks and/or separate path systems. Fingers of open space less than 50 feet wide are prohibited between the rear property lines of homes in order to discourage property encroachment and the movement of people close to the rear yards of homes and to encourage proper maintenance of open space. The entire project site design should locate homes adjacent to large-scale open space parcels so the aesthetic benefit of the open space is shared by as many residents as possible. At least 25% of the open space shall be developed as active recreation facilities, and wetlands shall comprise no more than 40% of any required open space. The open land shall include, whenever feasible, natural features, such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required by the Land Use Planning Board to plant trees or make other similar landscaping improvements in order to preserve the natural open areas.
[Amended 12-10-2001 by Ord. No. 2001-12]
I.
Location of open space. The open space shall be located so that it
is easily accessible to the maximum number of residents of the development.
There should be a close visual and physical relationship between the
open space and as many dwelling units as are reasonably possible.
The configuration of the open space area should be so arranged that
connections can be made to existing or future open spaces.
J.
Recreation. Portions of the open space shall be developed with passive and active recreation facilities in accordance with the standards set forth in Chapter 460, Subdivision of Land and Site Plan Review, of the Code of the Township of Eastampton.
K.
Roads. The roads within the cluster development shall be designed
to discourage any high-speed or through traffic, shall have the exclusive
function of providing access to properties abutting the road and shall
follow the contours of the land to the greatest extent possible. The
road system of a cluster development should provide a logical hierarchy
of roads in accordance with Township design standards. No home shall
front upon an arterial road, nor shall any private driveway enter
upon an arterial road.
L.
Common open space. Whenever feasible, the applicant shall provide
common open spaces designed and intended for the use of residents
of or ancillary to the cluster residential development. Common open
spaces shall be maintained by an open space trust. The choice of dedication
to the Township or an association shall be decided by the Township
Council.
M.
Additional plan requirements. Each sketch plan and preliminary plan
for a cluster residential development shall clearly show all of the
contiguous property holdings of the applicant and/or developer so
that the purposes and intent of this section are not circumvented.
The Land Use Planning Board may request an overall development plan
of contiguous properties in order to evaluate the relationship of
the proposed project with contiguously owned properties, adjacent
land developments and the Township Master Plan.
[Amended 12-10-2001 by Ord. No. 2001-12]
N.
Lands reserved for or dedicated to open space. Lands reserved for or dedicated to public use shall be physically suitable for public use. Such lands shall be coordinated with other public lands to achieve effective locational distribution of public lands within the Township. Sites designed for public use shall be readily accessible and shall be of such size and shape as to be usable for public uses as approved or designated by the Land Use Planning Board. The Board, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and link such lands to adjoining areas to form continuous bands of open space and by the accessibility and potential utility of such lands. Every parcel of land so dedicated on the subdivision plat of a cluster development shall be free of any liens of any nature at the time final approval is granted by the Township to the final subdivision plat, and each parcel so dedicated shall have the following wording written on the plat in conformance with Chapter 460, Subdivision of Land and Site Plan Review, of the Code of the Township of Eastampton: "Lands dedicated to the Township of Eastampton for conservation, open space and public uses under the cluster zoning provisions of the Zoning Chapter of the Township of Eastampton, § 540-30O."
[Amended 12-10-2001 by Ord. No. 2001-12]
O.
Phases. The applicant shall submit a plan for phasing any development
which will be developed in phases. Each phase of development shall
require separate final approval by the Land Use Planning Board before
a building permit will be issued. No stage or phase shall exceed 100
dwelling units. Any development which exceeds 100 dwelling units shall
provide a phasing plan. No more than 75 units of any one development
shall be developed per year without the express approval of the Land
Use Planning Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
P.
Traffic impact report. A traffic impact report shall be prepared,
at the applicant's expense, by a qualified traffic engineer in accordance
with the Eastampton Township Traffic Study, as amended and supplemented.
[Added 3-8-1999 by Ord. No. 1999-03[2]]
Planned developments shall be permitted in the R-1B and BP Zones.
For said purpose, the following regulations shall apply:
A.
Findings for planned developments. Prior to approval of such planned
developments, the Land Use Planning Board shall find the following
facts and conclusions:
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the standards
of this chapter, pursuant to N.J.S.A. 40:55D-65c;
(2)
That the proposals for maintenance and conservation of the common
open space are reliable and the amount, location and purpose of the
common open space are adequate;
(3)
That provisions throughout the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
B.
General development plan; duration.
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the planned development
in its entirety, according to a schedule, which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Land Use Planning Board, notwithstanding any provision
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance
or regulation adopted pursuant thereto after the effective date of
approval.
(2)
The term of the effect of the general development plan approval shall be determined by the Land Use Planning Board, using the guidelines set forth in Subsection B(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development. The developer must obtain final approval of the first section of the planned development within five years of the date the developer received approval of the planned development, or, upon the failure to obtain final approval of the first section within five years, the approval for the entire planned development shall expire. In the event of expiration of the approval, the conditional use shall be deemed terminated with respect to any portion of the planned development not yet constructed, and existing zoning requirements shall thereafter govern such portion not yet constructed. In the event of expiration of approval, the applicant's obligation to complete improvements secured by performance guarantees shall not be affected by such expiration.
(3)
In making its determination regarding the duration of the effect
of approval of the development plan, the Land Use Planning Board shall
consider the number of dwelling units or amount of nonresidential
floor area to be constructed; prevailing economic conditions; the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment; the developer's capability of completing
the proposed development; and the contents of the general development
plan and any conditions which the Land Use Planning Board attaches
to the approval thereof.
C.
General development plan contents. A general development plan may
include, but not be limited to, the following:
(1)
A general land use plan, at a scale specified by ordinance, indicating
the tract area and general locations of the land uses to be included
in the planned development. The total number of dwelling units and
amount of nonresidential floor area to be provided and proposed land
area to be devoted to residential and nonresidential use shall be
set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided.
(2)
A circulation plan showing the general location and types of transportation
facilities, including facilities for pedestrian access within the
planned development and any proposed improvements to the existing
transportation system outside the planned development.
(3)
An open space plan showing the proposed land area and general location
of parks and any other land areas to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands.
(4)
A utility plan indicating the need for and showing the proposed location
of sewerage and waterlines; any drainage facilities necessitated by
the physical characteristics of the site; proposed methods for handling
solid waste disposal; and a plan for the operation and maintenance
of proposed utilities.
(5)
A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site.
(6)
An environmental inventory, including a general description of the
vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site; existing man-made structures or
features; and the probable impact of the development on the environmental
attributes of the site.
(7)
A community facility plan indicating the scope and type of supporting
community facilities, which may include but not be limited to, educational
or cultural facilities; historic sites; libraries; hospitals; firehouses;
and police stations.
(8)
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the Township
pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.), will be
fulfilled by the development.
(9)
A local service plan indicating those public services which the applicant
proposes to provide and which may include, but not be limited to,
water, sewer, cable and solid waste disposal.
(10)
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by Township or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, Township and school district according to the timing schedule provided under Subsection C(11) of this section and following the completion of the planned development in its entirety.
(11)
A proposed timing schedule, in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public and of the residents who occupy any section of the planned
development prior to the completion of the development in its entirety.
(12)
A municipal development agreement, which shall mean a written
agreement between a Township and a developer relating to the planned
development.
D.
General development plan approval procedure.
(1)
Any developer of a parcel of land greater than 100 acres in size
for which the developer is seeking approval of a planned development
shall submit a general development plan to the reviewing board prior
to the granting of preliminary approval of that development by the
reviewing board.
(2)
All general development plan applications shall be accompanied by the required fees and escrows. The fees and escrows to be submitted shall be 1/2 of the fees and escrows required by § 460-58 as if the general development plan proposed a major subdivision. In the event that the general development plan proposes a residential site plan, the fees and escrows shall be calculated as if the dwelling units were single lots of a major subdivision.
(3)
The Land Use Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant.
[Amended 12-10-2001 by Ord. No. 2001-12]
E.
General development plan; timing schedule; modification. In the event
that the developer seeks to modify the proposed timing schedule, such
modification shall require the approval of the Land Use Planning Board.
The Land Use Planning Board shall, in deciding whether or not to grant
approval of the modification, take into consideration prevailing economic
and market conditions, anticipated and actual needs for residential
units, nonresidential space within the Township and the region and
the availability of public facilities to accommodate the proposed
development.
[Amended 12-10-2001 by Ord. No. 2001-12]
F.
General development plan; variation in certain physical features;
approval required.
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
Except as provided hereunder, the developer shall be required to
gain the prior approval of the Land Use Planning Board if, after approval
of the general development plan, the developer wishes to make any
variation in the location of land uses within the planned development
or to increase the density of residential development or the floor
area ratio of nonresidential development in any section of the planned
development.
(2)
Any variation in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of,
or condition of development approval imposed by, the Department of
Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1
et seq.), shall be approved by the Land Use Planning Board if the
developer can demonstrate to the satisfaction of the Land Use Planning
Board that the variation being proposed is a direct result of such
determination by the Department of Environmental Protection, as the
case may be.
G.
General development plan; amendments; approval required.
(1)
Except as provided hereunder, once a general development plan has
been approved by the Land Use Planning Board, it may be amended or
revised only upon application by the developer approved by the Land
Use Planning Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
(2)
A developer, without violating the terms of the approval pursuant
to this act, may, in undertaking any section of the planned development,
reduce the number of residential units or amount of nonresidential
floor space by no more than 15% or reduce the residential density
or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided, pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et al.), without prior municipal approval.
H.
General development plan; completion of development sections.
(1)
Upon the completion of each section of the development, as set forth
in the approved general development plan, the developer shall notify
the administrative officer, by certified mail, as evidence that the
developer is fulfilling his obligations under the approved plan. For
the purpose of this section, "completion" of any section of the development
shall mean that the developer has acquired a certificate of occupancy
for every residential unit or every nonresidential structure, as set
forth in the approved general development plan and pursuant to Section
15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the Township does
not receive such notification at the completion of any section of
the development, the Township shall notify the developer, by certified
mail, in order to determine whether or not the terms of the approved
plan are being complied with. If a developer does not complete any
section of the development within eight months of the date provided
for in the approved plan, or if, at any time, the Township has cause
to believe that the developer is not fulfilling his obligations pursuant
to the approved plan, the Township shall notify the developer, by
certified mail, and the developer shall have 10 days within which
to give evidence that he is fulfilling his obligations pursuant to
the approved plan. The Township thereafter shall conduct a hearing
to determine whether or not the developer is in violation of the approved
plan. If, after such a hearing, the Township finds good cause to terminate
the approval, it shall provide written notice of same to the developer,
and the approval shall be terminated 30 days thereafter.
(2)
In the event that a developer who has general development plan approval
does not apply for preliminary approval for the planned development
which is the subject of that general development plan approval within
five years of the date upon which the general development plan has
been approved by the Land Use Planning Board, the Township shall have
cause to terminate the approval.
[Amended 12-10-2001 by Ord. No. 2001-12]
I.
General development plan; termination of general development approval.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development, in accordance with the timing
schedule set forth in the approved general development plan, and the
developer has fulfilled all of his obligations pursuant to the approval.[3], [4], [5]
[3]
Editor's Note: Original Art. X, B-2 Planned Business District, as amended 5-26-1969 by Ord. No. 1969-5; 4-26-1983 by Ord. No. 1983-6; 9-23-1986 by Ord. No. 1986-18, was repealed 8-8-1989 by Ord. No. 1989-4.
