A.
Findings. 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 § 101-13. 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 lay-out 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.
B.
Applicability. 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 § 101-16K and as designated in the map entitled "Agricultural Resource Area" (Appendix N[1]). 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 chapter 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 chapter for Highlands Area Resources. All residential cluster
development in the ARA shall be conditioned upon approval by the Highlands
Council.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
Cluster Project Area standards. The Cluster Project Area (as defined at § 101-13) 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 the provisions herein. Residential cluster development shall be implemented in accordance with the provisions herein. 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.
D.
Preservation set aside of Cluster Project Area standards.
(1)
The area set aside for preservation in a Cluster Project Area shall comprise at least 80% of the total Cluster Project Area, and shall be preserved in perpetuity for agricultural use or for environmental protection. If the Cluster Project Area is served by a public or community on-site wastewater system, the area set aside for preservation shall comprise at least 90% of the Cluster Project Area to the maximum extent this is feasible. All land preserved in perpetuity shall require a conservation restriction that complies with § 101-34 and is enforceable and monitored by the Highlands Council, the Township, and, where requested by the Highlands Council: for environmental protection, the NJDEP Green Acres or a qualified land trust nonprofit organization, or for agricultural use, the CADB or the SADC. All preservation set-asides shall be deed-restricted against further subdivision and shall consist of one contiguous parcel, to the maximum extent feasible, unless noncontiguous clustering is utilized.
(2)
When agricultural resources are preserved the following provisions
shall apply:
(a)
The most productive Important Farmland Soils, determined in
accordance with NRCS USDA soil survey data, NJDA and the local SCD
shall be given priority in determining the area set aside for agricultural
preservation within the Cluster Project Area.
(b)
The conservation easement or deed restriction and a legally
enforceable homeowner's agreement, where applicable, shall include
Right to Farm Act provisions.
(c)
Retention of the original farmstead or construction of new farmsteads
associated with preserved agricultural lands in cluster developments
shall be permitted.
(d)
The preserved portion of the Cluster Project Area shall be buffered
appropriately to avoid conflicts between agricultural operations and
adjacent development, including the developed portion of the Cluster
Project Area, and to facilitate compliance with Township Right to
Farm regulations.
(e)
This chapter supports sustainable agriculture (as defined at § 101-13 and consistent with the Agriculture Retention/Farmland Preservation Plan Element of the Master Plan) and requires the implementation of best management practices on the agricultural land, including as a condition of any approval development and implementation of a Farm Conservation Plan (as defined at § 101-13 and described at § 101-30D) that addresses the protection of water and soil resources, prepared by the USDA NRCS, TSP, appropriate agent or NJDA staff, and approved by the local SCD.
(f)
Community supported agriculture businesses shall be permitted
within the preserved portion of the Cluster Project Area to allow
homeowners to take advantage of local agricultural goods and services
and to enhance the viability of the agricultural industry.
(3)
When natural resources are protected the following provisions shall
apply:
(a)
Cluster development shall meet the resource management and protection requirements of Article VI and shall be consistent with the policies of the Conservation Plan Element of the Master Plan.
(b)
Where high value natural resources are preserved, the conservation
easement or deed restriction shall prohibit active recreational uses
and facilities, and only allow minimal passive recreational uses dependent
upon the nature of the resources.
(c)
Passive recreational trails shall be allowed provided they do
not disturb habitat and shall be natural landscape trails constructed
using native pervious materials. Where feasible, such passive recreational
trails shall link to existing federal, state and local trail systems,
greenways and parks.
(d)
Buffering techniques, management and stewardship of natural
resources, and site design for the Cluster Project Area shall be used,
where feasible, to enhance the existing natural resources protected
within the Cluster Project Area.
E.
Development set aside of Cluster Project Area standards.
(1)
Cluster development shall be designed to avoid or minimize disturbance
of natural resources and agricultural resources (including ARAs) of
the Highlands Region in compliance with the provisions of this chapter.
(2)
The total area set aside for development in the Cluster Project Area
shall not exceed 20%. To the maximum extent feasible, the developed
area of the Cluster Project Area shall occupy no more than 10%, if
the project area is served by a public or community on-site wastewater
system.
(3)
For cluster development dependent upon septic systems, the unit yield for the whole of the Cluster Project Area shall be based on the septic system density allowances as established at § 101-21D, or at the development density allowed under Township zoning, whichever is more restrictive.
(4)
Septic system density allowances within the development set-aside
portion of the Cluster Project Area shall not exceed that necessary
to ensure that nitrate dilution for the developed portion of the site
is maintained at 10 mg/L, or less. These allowances shall be calculated
in accordance with the Highlands Council Nitrate Dilution Model, information
concerning which may be obtained through the Highlands Council. This
model derives from two independent methods: a mass-dilution (modified
Trela-Douglas) model and the New Jersey Geological Survey's (NJGS)
ground-water-recharge method. It provides the minimum number of acres
required per septic system (applied as an average density) to ensure
that recharge is sufficient to achieve nitrate dilution targets.
(5)
Water and wastewater availability, expansion, or creation for cluster development shall be in compliance with § 101-21F through H and shall meet the resource management and protection provisions of this chapter.
(6)
Cluster residential development proposing to use septic systems shall
meet the resource management and protection provisions of this chapter.
(7)
All infrastructure, open space and utilities necessary to support
the residential cluster development shall be located within the development
set-aside of the Cluster Project Area (i.e., streets, common open
space areas, wastewater facilities and stormwater management).
(8)
Where a municipality has developed and the Highlands Council has
approved a plan for the aggregation of cluster developments to minimize
the potential for dispersed clusters, the cluster development shall
be consistent with such plan.
(9)
Cluster development shall incorporate smart growth principles where
feasible, including but not limited to a mix of land uses; compact
building design; walkable neighborhoods; a range of housing opportunities
and choices; foster distinctive communities with a strong sense of
place; preserve critical natural and agricultural resources; direct
development towards existing infrastructure (i.e., water, wastewater,
transportation, and community facilities); provide a variety of transportation
choices (i.e., pedestrian, bicycle automobile, bus, rail); and encourage
community and stakeholder collaboration in development decisions.
(11)
Cluster development shall be designed to maintain the Highlands
rural, scenic and historic character and shall consider and harmonize
with existing community character with respect to architectural style,
scale, massing and arrangement of buildings. Protection of Highlands
Historic, Cultural and Archaeological Resources and Highlands Scenic
Resources (Appendix O[2]) shall be considered and incorporated consistent with the provisions at §§ 101-31 and 101-32. Primary criteria for site design decision-making shall include protection of existing resources and minimization of negative impacts.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(12)
All buffers and setbacks shall consider and incorporate or harmonize
with existing natural, agricultural, historic and scenic resources
and with community character. Buffers and setbacks shall be designed
to consider and harmonize with the Cluster Project Area and adjacent
existing development. Existing natural resources and vegetation (e.g.,
hedgerows/trees, woodlands or forest, wetlands, streams) shall be
retained and may be enhanced as buffer features whenever feasible.
Where the cluster development is integrated into an existing neighborhood
or center-type development, the developed area of the cluster shall
be located behind an existing hedgerow (mature trees) or screened
with a new buffer as appropriate, such as a thickly planted berm of
native trees or shrubs that is landscaped in such a manner as to resemble
existing woodlands.
(13)
Site disturbance shall be restricted to clearing and grading to the minimum extent necessary to make reasonable use of the designated building envelopes, including but not limited to compliance with LID requirements at § 101-34 and retention of existing mature trees.
(14)
Cluster development shall be configured to minimize impervious
coverage.
F.
Single-family dwelling area, yard and bulk standards. 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.
(2)
Net density/intensity threshold requirements.
(a)
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 § 101-21D). 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.
(b)
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 Land
Use Ordinance.
(4)
Bulk requirements. Where the applicant demonstrates and the reviewing Board finds, based upon submission of an analysis of natural and agricultural resources within the Cluster Project Area, that the site design shall be enhanced by reducing the bulk requirements of this subsection (e.g., where existing topography or vegetation provides an effective visual screen), these requirements may be reduced by up to 50%. Such reductions shall similarly apply to the extent they may be necessary to ensure compliance with the density or intensity requirements of Subsection F(2)(a) and (b) above.
(5)
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., 3% maximum impervious coverage).
