The intent of this article is to provide for cluster and conservation design development (hereinafter referred to as "cluster development") consistent with the Land Use Plan Element of the Master Plan and as defined at §
230-3.2. Cluster development is a development design technique under which principal buildings and structures are grouped together on a portion of the Cluster Project Area, while the remaining land area is permanently deed-restricted in agricultural use, for conservation of natural resources, or as open space for environmental protection including public recreational use. Cluster development allows flexibility in the design and layout of development projects, providing opportunity for new construction while addressing other priorities, such as: protecting environmentally sensitive areas, preserving large contiguous areas of open space and agricultural land, supporting the continuation of existing agricultural and/or horticultural land uses, and developing attractive residential development consistent with community character.
The provisions of this section shall apply to all lands in the ARA, including that in both the Preservation Area and the Planning Area, as provided at §
230-4.3.11 and as designated in the map entitled "Agricultural Resource Area" (Exhibit 8). The permitted principal residential use for any underlying
municipal Zoning District in the ARA which permits single-family residential
development as a principal use, is restricted solely to cluster development
in accordance with all provisions of this section. Cluster development
within the ARA shall be consistent with the Agriculture Retention/Farmland
Preservation Plan Element of the Master Plan and the provisions of
this part by supporting the preservation of farmland, avoiding conflicts
with agriculture, maintaining and enhancing the sustainability and
continued viability of the agricultural industry, protecting Important
Farmland Soils, and meeting the management and protection provisions
of this part for Highlands Area Resources. All residential cluster
development in the ARA shall be conditioned upon approval by the Highlands
Council.
The Cluster Project Area (as defined at §
230-3.2) includes all of the individual parcels from which development is clustered, including the area set aside for preservation and the area set aside for development. A Major Highlands Development in the Preservation Area that proposes or is required to use cluster development shall comply with C. Residential cluster development shall be implemented in accordance with the Highlands Council Cluster/Conservation Design Development Guidelines, incorporated by reference herein, and shall incorporate the provisions below for the Cluster Project Area. The use of clustering in Highlands Zones or Sub-Zones having a high concentration of environmentally sensitive resources will be limited. The use of noncontiguous clustering, wherein the development rights of noncontiguous parcels are aggregated for use upon a single parcel (or group of adjacent parcels) suited to cluster development, shall be permitted and is encouraged where it affords a higher level of protection to Highlands Resources and Resource Areas than would otherwise be the case. Land management and stewardship, including best management practices and conservation and/or management plans, for the Cluster Project Area shall be subject to the provisions of Article
VI for all Highlands Area Resources including, but not limited to, protection, restoration, maintenance and mitigation, as applicable.
Residential cluster development shall be tailored to the characteristics
of the site and its environs, and shall be designed to avoid or minimize
disturbance of existing Highlands Area Resources. The following standards
shall apply to residential cluster development projects.
A. Minimum acreage threshold requirements.
(1)
Cluster Development reliant upon on septic systems:
(a)
Protection Zone: 120 acres.
(b)
Conservation Zone: 40 acres.
(c)
Existing Community Zone: 35 acres.
(2)
Cluster Development served by wastewater utilities:
B. Net density/intensity threshold requirements.
(1)
New single-family residential cluster development shall be subject to a net septic system density limitation, calculated on the basis of the developed portion of the Cluster Project Area (as provided at §
230-5.3.4). Such density (acres per septic system) shall comply with a nitrate dilution target for the developed portion of the Cluster Project of 10 mg/L or less.
(2)
Where new single-family residential development is proposed
to rely on existing wastewater utilities the density and intensity
standards shall be in compliance with the underlying municipal zoning
ordinance.
C. Minimum unit number threshold requirement. Application of the acreage and density/intensity requirements of Subsections
A and
B, above, shall yield a minimum of four dwelling units.
D. Bulk requirements. The following lot and setback requirements shall
apply for Cluster Development reliant on septic systems.
(1)
Minimum lot frontage shall be 150 feet.
(2)
Minimum lot width shall be 150 feet.
(3)
Principal building setbacks.
(a)
Minimum front yard setback shall be 50 feet.
(b)
Minimum side yard setback shall be 30 feet.
(c)
Minimum rear yard setback shall be 50 feet.
(4)
Accessory building setbacks.
(a)
Minimum setback from side or rear line shall be 15 feet; if
a reduction is allowed, it shall be no less than 10 feet.
(b)
Minimum setback from other buildings shall be 15 feet; if a
reduction is allowed, it shall be no less than 10 feet.
E. Other requirements. All other development requirements for single-family
dwellings, including any bulk standards not listed above (e.g., lot
coverage, building coverage, building height) shall be as required
pursuant to the underlying municipal zoning/land use ordinances. Cluster
development within the Preservation Area may be restricted beyond
these requirements, by applicable provisions of NJDEP Preservation
Area Rules (e.g., three-percent maximum impervious coverage).