A subdivision is considered a cluster subdivision when lots
and dwelling units are clustered closer together than otherwise possible
in a conventional subdivision and where open space or active agricultural
land is conserved on the remainder of the property without increasing
density for the tract as a whole. Cluster subdivisions are authorized
under N.J.S.A. 40:55D-39b of the Municipal Land Use Law, and are encouraged
herein. In conformance with the Township's Master Plan, the purposes
of cluster subdivision are as follows:
A.
To provide greater economy, efficiency and convenience in the siting
of services and infrastructure, including the opportunity to reduce
road lengths, utility runs, and the amount of paving required;
B.
To conserve important open lands, including those areas containing
unique and sensitive natural features, such as steep slopes, floodplains,
stream corridors, and wetlands by permanently setting them aside from
development;
C.
To protect areas of the Township with productive agricultural soils
and lands for continued or future agricultural use, by conserving
blocks of land large enough to allow for efficient farm operations;
D.
To provide multiple options for landowners to minimize impacts on
environmental resources and natural or cultural features such as mature
woodlands, hedgerows and tree lines, critical wildlife habitats, historic
buildings, and fieldstone walls;
E.
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, with a strong neighborhood
identity;
F.
To provide a reasonable setback for new development adjacent to lands
in active farming due to potential incompatibility with nonfarm uses;
G.
To implement policies to conserve a variety of irreplaceable and
environmentally sensitive resource lands as set forth in the Township's
Master Plan, including provisions to create areas for active or passive
recreational use for the benefit of present and future residents;
H.
To conserve scenic views and elements of the Township's rural character,
and to minimize perceived density, by limiting views of new development
from existing roads;
I.
To promote development in harmony with the goals and objectives of
the Township's Master Plan; and
J.
To identify and mitigate the environmental impacts of a proposed
development to the greatest extent possible.
A.
Authorization is hereby granted to the Land Use Board to modify applicable provisions of this chapter as to lot size, lot width, depth, yard, and other applicable requirements of Chapter 550, Zoning, as well as Chapter 470, Subdivision of Land, subject to the purposes, standards and procedures contained herein, so as to accommodate cluster subdivisions.
B.
The Land Use Board may require cluster subdivision where it finds that any one of the elements required to be shown in the Existing Resources Map is present, justifying conservation of natural, cultural or historic resources, productive agricultural soils and lands, scenic features, or preservation of neighborhood character. The information required to be shown in the Existing Resources Map is outlined in § 550-101C(1).
Once the maximum permissible number of lots in a cluster subdivision has been established in accordance with § 550-102C, the next step is to create a cluster design layout. This layout shall include an identification of primary and secondary conservation lands within a parcel(s). These lands include natural and man-made elements that are most highly valued by the community. The identification and categorization of these elements shall be done in accordance with § 550-101C. Illustrations of the design process are provided therein to assist applicants and landowners.
A.
Sketch plan. If the applicant requests an informal review of a concept
plan for a cluster development, a sketch plan shall be submitted by
the applicant to facilitate an expedient review of proposed new subdivisions
in conformance with this chapter and the Township Master Plan. To
provide a full understanding of the site's potential and to facilitate
the most effective exchange with the Land Use Board, the sketch plan
shall include the information listed below:
(2)
Schematic layout indicating a general concept for land conservation
and development (bubble format is acceptable for this delineation
of conservation areas).
(3)
Site context map. A map showing the location of the proposed
subdivision within its neighborhood context shall be submitted. For
all sites, such maps shall be at a scale not less than one inch equals
1,000 feet, and shall show the relationship of the subject property
to natural and man-made features existing within 2,000 feet of the
site. The features that shall be shown on Site Context Maps include
topography and streams (from USGS maps), state and/or federal wetlands,
woodlands over 1/2 acre in area (from aerial photographs), ridge lines,
public roads and trails, utility easements and rights-of-way, public
land, and land protected under conservation easements.
B.
Preliminary plan documents. The next step after the informal review of a concept is the formal application process. If the applicant forgoes the informal review, the applicant must provide the preliminary plan documents for formal subdivision review by the Land Use Board. A preliminary cluster subdivision application shall be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of Chapter 470, Subdivision of Land:
C.
Four-step design process for cluster subdivisions. All sketch plans
shall include Steps 1 and 2 of the four-step design process. All preliminary
plans shall include documentation of the entire four-step design process
in order to determine the layout of proposed conserved lands, house
sites, streets and lot lines, as described below:
(1)
Step 1: Preparation of Existing Resources Map.
(a)
Unless otherwise specified by the Land Use Board, such plans
shall be prepared at the scale of one inch equals 100 feet or one
inch equals 200 feet, whichever would fit best on a single standard-size
sheet.
(b)
The following information shall be included in this plan:
[1]
Topography, the contour lines of which shall be at two-foot
intervals, determined by photogrammetry (although ten-foot intervals
are permissible beyond the parcel boundaries, interpolated from published
USGS maps). The determination of appropriate contour intervals shall
be made by the Land Use Board, which may specify greater or lesser
intervals on exceptionally steep or flat sites. Slopes between 15%
and 25% and exceeding 25% shall be clearly indicated. Topography for
major subdivisions shall be prepared by a professional land surveyor
from an actual field survey of the site or from stereoscopic aerial
photography and shall be coordinated with official USGS benchmarks.
[2]
The location and delineation of ponds, streams, and natural
drainage swales as well as the one-hundred-year floodplains and wetlands,
as defined by the State of New Jersey and the US Army Corps of Engineers.
[3]
Vegetative cover conditions on the property according to general
cover type, including cultivated land, permanent grass land, old field,
hedgerow, woodland and wetland, isolated trees with a caliper in excess
of 12 inches, the actual canopy line of existing trees and woodlands.
Vegetative types shall be described by plant community, relative age
and condition.
[4]
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service in the Sussex
County Soil Survey, and accompanying data published for each soil
relating to its suitability for construction (and, in unsewered areas,
for septic suitability). Classify soils into Land Capability Classes
I through VIII.
[5]
Ridgelines and watershed boundaries shall be identified.
[6]
A viewshed analysis, including a photographic inventory, showing
the location and extent of views into the property from public roads
and from public parks, public forests, and state game lands.
[7]
The location and dimensions of all existing streets, roads,
buildings, utilities (including existing wells and septic systems),
and other man-made improvements located on all lands immediately adjacent
to the subject site.
[8]
Locations of all historically significant structures and elements
on the tract and on any abutting tract.
[9]
Locations of trails that have been in public use (pedestrian,
equestrian, bicycle, etc.).
[10]
All easements and other encumbrances of property
which are or have been filed of record with the Sussex County Clerk's
office shall be shown on the plan.
(2)
Step 2: Delineation of conserved lands. Proposed conserved lands
shall be designated using the Existing Resources Map as a base. The
environmental inventory of the Township's Master Plan shall be utilized
in the delineation process. The delineation of conserved land shall
be mapped into two categories: primary and secondary conservation
areas. Primary conservation areas shall be delineated comprising the
resources listed in Table 2a and as shown by example on Figure 2a.
Secondary conservation areas shall be delineated comprising the resources
listed in Table 2b and as shown by example on Figure 2b. The result
is shown on Figure 2c, Potential Conserved and Development Areas.
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Table 2a
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Primary Conservation Areas
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All zones shall include:
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•
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Freshwater wetlands and ponds.
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•
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Steep slopes of 25% or more.
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•
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One-hundred-year floodplains, as shown on Federal Emergency
Management Agency maps.
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Category 1 streams.
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AR Zone (in addition to requirements for all zones) shall include:
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•
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At least 60% of existing farmland where one or more of the following
elements are present (listed in order of priority for preservation):
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1.
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Water supply.
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2.
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Soils classified as Land Capability Classes I, II or III.
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3.
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Tillable fields.
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4.
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Pasture lands.
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5.
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Managed wood lots.
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6.
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Orchards.
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7.
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Christmas tree farms.
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8.
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Housing.
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9.
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Structures for farms.
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Figure 2a: Primary Conservation Areas
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Table 2b
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Secondary Conservation Areas
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All zones shall include the following (listed in order of priority
for preservation):
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•
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Historic structures and elements of national, state or local
importance as identified in the 2007 Fredon Master Plan.
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•
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Scenic viewsheds to and from the site as identified in the 2007
Fredon Master Plan and Scenic Corridor Ordinance.
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Areas with rare vegetation, significant habitats, or habitats
of endangered, threatened or special concern species as determined
by the New Jersey Natural Heritage Program or Landscape Project.
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•
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Mature forests over 100 years old and isolated trees of minimum
24-inch caliper.
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Steep slopes of 15% to 25%.
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Riparian zones.
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Stone walls and hedgerows.
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Vegetation types by ecological niche.
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RA Zone (in addition to requirements for all zones) shall include:
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•
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Existing farmland where one or more of the following elements
are present (listed in order of priority for preservation):
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1.
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Water supply.
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2.
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Soils classified as Land Capability Classes I, II or III.
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3.
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Tillable fields.
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4.
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Pasture lands.
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5.
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Managed wood lots.
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6.
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Orchards.
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7.
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Christmas tree farms.
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8.
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Housing.
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9.
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Structures for farms.
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Figure 2b: Secondary Conservation Areas
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Figure 2c: Potential Conserved and Development Areas
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(a)
In accordance with § 550-102B, in order to execute a cluster subdivision design, the applicant shall conserve at least 60% of the total tract area. Once the potential conserved areas are mapped, calculations shall be provided indicating the acreage of conserved land and its percentage of the total tract. At a minimum, 60% shall be conserved. The required conserved land area shall consist of the totality of the primary conservation areas. Secondary conservation areas shall also be included in the required conserved land area if necessary to achieve the minimum area percentage requirements for conserved land. If the minimum 60% conserved tract area is still not achieved with the inclusion of the primary and secondary conservation areas, then land within the potential development area must be included to meet the minimum 60% requirement. However, where necessary to preserve existing farmland in the AR Zone, potential development areas shall be permitted to encroach into wetland transition areas, steep slopes and one-hundred-year floodplains, provided that Township, county and state ordinances are met.
(3)
Step 3: Location of dwellings and streets. Dwellings should not be located closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas where necessary to achieve the minimum area percentage requirements for conserved land, taking into consideration the potential negative impacts of residential development on such areas. Upon designating the dwelling locations, a street plan shall be designed to provide vehicular access to each dwelling, complying with the New Jersey Residential Site Improvements Standards (RSIS), the standards identified herein and bearing a logical relationship to topographic conditions. Street crossings shall be permitted on undeveloped lands in secondary conservation areas, but shall be prohibited in primary conservation areas. The result is shown on Figure 3, Conceptual Development Map.
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Figure 3: Conceptual Development Map
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Except as specified herein, all area and bulk standards normally
applicable to other subdivisions and uses shall also be applicable
to cluster subdivision. For examples of how these area and bulk standards
can be applied on a tract, please refer to the Cluster Subdivision
Examples Nos. 1 and 2 located at the end of this chapter.
A.
Minimum tract size. The minimum tract size eligible for clustering
shall be 28 acres.
B.
Minimum required conserved land. In all zoning districts, a cluster subdivision must preserve at least 60% of the tract's gross acreage as conserved land. The required conserved land area shall consist of the totality of the primary conservation areas. Secondary conservation areas shall also be included in the required conserved land area if necessary to achieve the minimum area percentage requirements for conserved land. If necessary to achieve the minimum 60% conserved area, lands located in the potential development areas shall also be included in the conserved land. Where more than 60% of a site's gross acreage is located within primary conservation areas, the entire primary conservation area shall be preserved and the site's permitted density shall be reduced in accordance with Subsection C(2) below. However, where necessary to preserve existing farmland in the AR Zone, potential development areas shall be permitted to encroach into wetland transition areas, steep slopes and one-hundred-year floodplains, provided that Township, county and state ordinances are met. The following additional requirements shall be met, where applicable:
(1)
Where existing farmland is to be preserved, such farmland shall
remain as a contiguous area and shall not be fragmented by the resulting
cluster development.
(2)
No portion of any house lot may be used for meeting the minimum
required conserved land unless encumbered with a restriction.
(3)
Those elements located in secondary conservation areas shall
continue to be subject to the Township's environmental ordinances
and shall be preserved to the greatest extent possible.
(4)
Where the applicant and/or Land Use Board determines that an
element warranting preservation is located in the secondary conservation
area, the applicant may preserve that element and reduce the lands
preserved in the primary conservation area by an equal amount, up
to 25% of the total parcel area.
C.
Maximum density. The permitted number of dwelling units in a cluster
subdivision shall not exceed the following requirements:
(1)
Where 60% of a site's gross acreage is being conserved, the
maximum number of dwelling units shall be as follows:
(2)
Where more than 60% of a site's gross acreage is determined
to be located within primary conservation areas, the maximum number
of dwelling units shall be as follows:
(a)
AR Agricultural Residential Zone: one dwelling unit per 2.8
acres of site acreage located outside of primary conservation areas.
(b)
RA Residential Agricultural Zone: one dwelling unit per 2.8
acres of site acreage located outside of primary conservation areas.
(c)
R-6 Residential Zone: one dwelling unit per 2.5 acres of site
acreage located outside of primary conservation areas.
D.
Minimum lot size. The minimum lot size for single-family development
in a cluster subdivision shall meet the following minimum lot size
requirements:
(1)
Where a tract's conserved land area includes land to be preserved for agricultural purposes, the lot size shall be no less and no greater than 2.0 acres, regardless of zoning designation. The remaining land area located in potential development areas shall be set aside as a dedicated buffer area, in accordance with § 550-103 below.
F.
Minimum lot width at building line: 100 feet.
G.
Minimum street frontage: 50 feet.
H.
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation, but shall observe
the following minimum standards:
I.
Maximum impervious coverage. No more than 35% of any parcel shall
be covered with impervious surfaces.
A.
Residential uses shall be buffered from land to be preserved for
agricultural purposes by a minimum buffer area of at least 100 feet
deep. Native species are encouraged.
B.
No clearing of trees or understory growth shall be permitted in this
buffer area. However, periodic removal of invasive alien plant and
tree species may be permitted (refer to the Plant Conservation Alliance
Working Group: http://www.nps.gov/plants/alien/factmain.htm#pllists).
C.
Where this buffer area is unwooded, the Land Use Board may require
a plan detailing planting to provide a naturalized buffer (e.g., saplings
of native plant material), or a management plan to encourage natural
forest succession through no-mow policies and the periodic removal
of invasive alien plant and tree species. The final plan shall be
subject to Land Use Board approval.
In addition to those design standards set forth in Article VI of this chapter, the following regulations apply to all cluster subdivisions:
A.
Existing and future street connections are encouraged to eliminate
the number of new culs-de-sac to be maintained by the Township and
to facilitate access to and from homes in different parts of the tract
and adjoining parcels. Culs-de-sac are appropriate when they support
greater open space conservation or provide extensive pedestrian linkages.
B.
Regardless of the street design employed, the applicant shall demonstrate
and the Land Use Board shall find that emergency services access is
adequate for the number of dwellings proposed.
C.
From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by 90° and 135° bends are preferred in a more formal or traditional arrangement. However, all street geometry shall meet RSIS requirements, and adequate and proper sight distance in accordance with AASHTO and Chapter 219, Driveways, shall be provided along all sections of the roadway and driveways connected to the roadway.
D.
Single-loaded streets are encouraged alongside conservation areas.
The conservation areas should be immediately adjacent to at least
one side of the street, with the dwellings on the opposite side. This
design could include dwellings on both sides of the street as long
as they are not directly opposite one another and they alternate locations
with conserved land. This design will provide views of the conserved
lands for residents and visitors.
All sanitary sewage disposal systems for cluster developments
shall be subject to the regulations and approval of the Sussex County
Health Department. Such systems may be located in the required open
space lands such as on conservation meadows, village greens, and active
or passive recreations areas, provided such areas are not paved or
covered with other impervious surfaces. Sanitary sewage disposal systems
of an individual nature may also be located within or extend into
required open space areas. Regardless of the type of subsurface sewage
disposal methods employed, all required separation distances shall
be observed and the ownership and maintenance responsibilities associated
therewith shall be clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved
that does not provide lot buyers with both the legal authority and
the responsibility, individually or collectively, to maintain all
sewer facilities on a continuing basis. This may include the creation
of a special district(s).
Conservation easements are the preferred method to protect open
space under New Jersey State law. Other instruments, such as deed
restrictions acceptable to the Township Attorney, may also be used
to protect open space at the option of the applicant. Regardless of
the method chosen, the permanent preservation of such open space shall
be legally assured to the satisfaction of the Land Use Board and Township
Attorney. In all cases, the Township Board shall be granted third-party
enforcement rights to enforce the terms of the easement or other legally
binding instrument. The following regulations shall apply:
A.
Conservation easements shall be titled to a private conservation
organization, provided that:
B.
The conservation easement or other legally binding instrument shall
permanently restrict the open space from future subdivision, shall
define the range of permitted activities, and shall give the Township
the ability to enforce these restrictions. Further, the conservation
easement or other legally binding instrument shall give the Township
the power to impose liens on the conservation organization and/or
individual property owners within the development in the event of
violation of the terms of the easement. Under no circumstances shall
any development be permitted in the open space at any time, except
for the following uses:
(1)
Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow). The clearing of woodland
shall generally be prohibited, except as determined to be necessary
by the Land Use Board.
(2)
Agricultural and horticultural uses, including raising crops
or livestock, wholesale nurseries, and associated buildings, that
are specifically needed to support an active, viable agricultural
or horticultural operation. Specifically excluded are fish farming,
concentrated animal feeding operations (CAFOs) as defined by the U.S.
Environmental Protection Agency, or commercial livestock operations
involving swine, poultry, mink, ratites, and other animals likely
to produce highly offensive odors.
(3)
Game preserve, wildlife sanctuary, or other similar conservation
use.
(4)
Woodlots, arboreta, and silviculture in keeping with established
standards for selective harvesting and sustained-yield forestry.
(5)
Neighborhood open space uses such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses specifically excluding motorized off-road vehicles,
rifle ranges, and other uses similar in character and potential impact
as determined by the Land Use Board.
(6)
Active noncommercial recreation areas.
(7)
Golf courses may comprise the required open space land, but
shall not include miniature golf. Their parking areas and any associated
structures shall not be included within the open space requirement;
their parking and accessways may be paved and lighted.
(8)
Water supply and sewage disposal systems, and stormwater detention
areas designed, landscaped, and available for use as an integral part
of the open space area.
(9)
Easements for drainage, access, sewer or water lines, or other
public purposes.
(10)
Underground utility rights-of-way. Aboveground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required open space land.
The following methods may be used, either individually or in
combination, for ownership of conserved land (exclusive of its conservation
easement) and common facilities. Conserved land and common facilities
shall not be transferred to another entity except for transfer to
another method of ownership permitted under this section. Ownership
methods shall conform to the following:
A.
Homeowners' association. Conserved land and common facilities may
be held in common ownership by a homeowners' association, subject
to all of the provisions for homeowners' associations set forth in
New Jersey State regulations. In addition, the following regulations
shall be met:
(1)
The applicant shall provide the Township with a description
of the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities.
(2)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(3)
Membership in the association shall be mandatory for each property
owner within the subdivision and successive owners in title with voting
of one vote per lot or unit, and the subdivider's control, therefore,
passing to the individual lot/unit owners on sale of the majority
of the lots or units.
(4)
The association shall be responsible for liability insurance,
local taxes and maintenance of open space land, recreational facilities
and other commonly held facilities.
(5)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
in his or her dues. Such dues shall be paid with the accrued interest
before the lien may be lifted.
(6)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the Township
no less than 30 days prior to such event.
(7)
The association shall have adequate resources to administer,
maintain, and operate such common facilities.
Unless otherwise agreed to by the Land Use Board, the cost and
responsibility of maintaining common open space and facilities shall
be borne by the homeowners' association, conservation organization,
private owner, or, in the case of open space and facilities deeded
to the Township, the municipality.
