[Added 11-13-01 by Ord. No. 560]
No structure or building shall be erected, located, positioned
or repositioned on any lot unless the entire structure or building
is within the geographic boundary of the Borough of Woodstown. This
section shall not be interpreted to prohibit separate structures on
the same parcel so long as the proposed development does not violate
some other section of the Woodstown Municipal Code.
[1]
Editor's Note: Former § 67-44, Cluster development, was
repealed 11-23-93 by Ord. No. 467.
[Added 2-26-2008 by Ord.
No. 2008-1]
A.
Clustering concept. Clustered single-family residential development
is a development technique based on the gross dwelling unit density
for the entire tract and allowing the lot size for individual units
to be reduced so long as the gross density is not exceeded.
B.
Purpose. The purpose of this section is to provide a method of developing
single-family detached dwellings which will preserve desirable open
spaces, conservation areas, floodplains, recreation and park area
and lands for other public purposes by permitting the reduction of
lot sizes and implementation of other regulations contained in this
chapter without increasing the number of total lots to be developed.
Cluster development is intended to encourage the retention of the
borough's historic character, enhance the borough's charm, promote
a sense of place and community through good design, and assist in
the implementation of the borough's open space and recreation goals.
The cluster development technique is also intended to allow residential
developments to be constructed at a lower cost per dwelling unit for
streets, utilities and other site improvements while creating value
for the residents and providing a desirable visual environment through
designs that respond to the particular site.
C.
General requirements.
(1)
The minimum tract size for use of the cluster provisions if
three acres or five residential lots.
(2)
The maximum number of dwelling units permitted for a residential
cluster is the number of dwelling units which could be constructed
on the tract if the tract were being developed as a conventional subdivision
in conformance with the zoning regulations and other applicable regulations.
(3)
The total "by-right" number of lots permitted on a tract shall
be calculated by subtracting 25% of the total land area as an allowance
for roadways and stormwater management facilities and dividing the
remaining land area the minimum lot size standard for development
in the zoning district. The number of units permitted may be further
restricted if the land is substantially constrained by wetlands or
other environmental considerations in accordance with the open space
formula below.
(4)
The undeveloped area (open space) of the cluster development shall be equal to the number of lots permitted on the tract multiplied by the standard minimum lot size for the zone minus the design lot sizes plus 50% of any undevelopable lands (such as wetlands). This land may be offered to the borough in accordance with Section 67-106.1. Land offered to the borough, but not accepted shall be transferred to a homeowners association or similar organization in accordance with N.J.S.A. 40:55D-43. The borough may request the dedication of land at specific locations for specific purposes.
(5)
The cluster development shall be designed to reflect a traditional
neighborhood character that promotes pedestrianism and incidental
social interaction. Front porches are encouraged and garages should
be set back from the front facade of the principal structure.
(6)
The preliminary and final subdivision plans shall clearly indicate
the location and extent of the open space, including dimensions, acreage,
bearings and a calculation of the wetlands and wetland buffer within
the open space.
(7)
Open space shall be planned within the development such that
there is a close visual and physical relationship between the open
space and as many dwelling units as is reasonably possible, with a
minimum of 40% of the residential lots abutting the open space, unless
the open space will be utilized for active recreational athletic fields,
then the percentage may be less. Open space areas should weave between
dwelling units generally respecting a minimum width of 50 feet and
periodically widening out into more significant and usable recreation
areas of "village greens" may be created so that lots face the common
open space. Other alternatives may be acceptable if the applicant
demonstrates that the proposal advances the Borough's Open Space and
Recreation Plan.
(8)
Open space and recreation areas within cluster developments
shall meet the following requirements:
(a)
Where possible open space parcels should be large enough to accommodate active recreation facilities. Lands offered for recreation purposes shall be improved by the developer in a manner consistent with the recreational purpose intended for that particular site in order to meet the requirements of Section 67-106.1.
(b)
Where wooded habitat areas or other environmentally valuable
lands are preserved as part of the cluster design, they should be
connected with other protected lands or lands proposed for protection
where possible to create greenway corridors and prevent fragmentation.
(c)
Any land offered to the borough shall be optimally related to
the overall plan and design of the development and improved to best
suit the purposes for which it is intended.
(d)
The lands proposed as open space shall be subject to review
by the Planning Board, which in its review and evaluation of the suitability
of such land shall be guided by the Master Plan of the borough, by
the ability to assemble and relate such lands to an overall plan and
by the accessibility and potential utility of such lands. The Planning
Board may request an opinion from other public agencies and individuals
as to the advisability if the borough's accepting any lands to be
offered to the borough.
The specific purpose and intent of this section is to prevent
excessive and unsafe development in areas deemed unfit by reason of
flood danger, to prevent unsanitary conditions and related hazards,
to minimize danger to public health by protecting water supplies,
recharge areas and the natural drainage system and to promote the
health, safety and welfare of the residents of Woodstown Borough and
property owners in or near streams or areas subject to flooding.
A.
Floodplain designation. There are hereby designated within the Borough of Woodstown floodplain areas comprised of those sections of the borough which are shown on the map designated as the "Woodstown Borough Floodplain Map," which is hereby made a part of this Part 3. These designations are based on the Flood Insurance Rate Map, as issued by the United States Department of Housing and Urban Development.
(1)
Map filing. For purposes of defining the application of the Floodplain
Area Map to any specific areas, the maps, data and other sources utilized
to establish, define and designate floodplain areas shall be kept
on file in the Borough Engineer's office and shall be proof of the
intended limits of the floodplain areas.
(2)
Floodway. Within the floodplain areas described above, there are
hereby designated floodways as defined in this Part 3.
(3)
Amendment. Any changes in the floodplain map may be recommended by
the Borough Engineer based upon a proper survey and upstream drainage
calculations or as a result of an acceptable engineering delineation
of an outside agency. The Borough Council may consider these recommendations
for proper enactment of an amendment of this Part 3.
B.
Procedures.
(1)
The designated floodplain shall be shown on all plat plans, site
plans and subdivision plats submitted to the approving authority or
administrative office.
(2)
The applicability of floodplain boundaries or the definition of the
floodway to specific sites shall be determined by the Zoning Officer.
C.
Interpretation.
(1)
In case of any dispute concerning the boundaries of floodplain areas
or floodways as shown on the Woodstown Borough Floodplain Area Map,
a determination shall be made by the Borough Engineer.
(2)
The Borough Engineer may certify that the area is not within the
floodplain or that the floodway is smaller than defined by this Part
3, if conclusive and documented information is submitted by the applicant.
(3)
Any party aggrieved by a decision of the Borough Engineer as to the
proper location of said boundaries may appeal to the Zoning Board
of Adjustment.[1] For the purpose of this section, if the Borough engineer
has determined the map boundary lines to be correct, any change in
said boundaries applied for shall be considered by the Board of Adjustments[2] as an application for use variance. The burden of proof
in any such appeal shall be on the applicant.
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and is functions combined with that of
the Planning Board..
[2]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and is functions combined with that of
the Planning Board.
(4)
Any appeal to utilize land located within the floodplain for purposes
not permitted by this section shall be considered by the Board of
Adjustment[3] as an application for a use variance and shall require
the approval of the New Jersey Department of Environmental Protection
and the United States Corps of Engineers.
[3]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and is functions combined with that of
the Planning Board.
D.
Permitted uses.
(1)
The Conservation District has been delineated to include all floodplain
areas in the borough. Therefore, those uses permitted in the Conservation
District, as listed in the Schedule of District Regulations,[4] shall be permitted uses to the floodplain areas as well,
provided that:
(a)
The minimum lot area shall be one acre.
(b)
The maximum lot coverage shall be 5%.
(c)
Any structure proposed to be erected, constructed or located
shall not have a basement.
(d)
The first-floor elevation of any principal-use structure shall
be at or above the one-hundred-year flood level, as determined by
the Borough Engineer. Any fill used to raise the existing elevation
of a building site shall not encroach upon the floodway of any watercourse.
(e)
No vegetation removal or regrading of the site shall be carried
out within a floodplain unless expressly permitted by the borough
approving authority after site plan review. The authority shall further
determine that any land-disturbance activity shall be the minimum
required to accomplish the use to be permitted.
(g)
No zoning permit shall be issued for any use requiring new or
expanded water or sewer facilities without evidence of review and
approval by the proper health officials and, in addition, a statement
by the Borough Engineer that said water and/or sewer facilities are
so located and/or designed to avoid impairment from flooding.
(h)
In case of lots split by the floodplain area designation, all
construction and accompanying land-disturbance activities shall take
place outside the floodplain area, unless construction within or land
disturbance of the floodplain area is permitted in accordance with
the provisions of this subsection.
[4]
Editor's Note: The Schedule is included as an attachment to this chapter.
(2)
Where less than 20% of an existing lot is located within a floodplain
area, the uses, as permitted and regulated by this Part 3 for the
zone district in which the area is located, shall apply, provided
that no structures are placed within the floodplain area and no fill
encroaches upon the floodway.
E.
Specific standards.
(1)
Residential construction. New construction and substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
(2)
Nonresidential construction. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to the
level of the base flood elevation or be floodproofed so that below
the base flood level the structure is watertight and be certified
by a registered professional engineer or architect as satisfying the
standards of this subsection. Such certifications shall be provided
to the official as set forth below. The official shall:
F.
Floodways. Located within areas of special flood hazard, as identified
by the Federal Insurance Administration, are areas designated as "floodways."
Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projections and erosion
potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements
and other development, shall be prohibited, unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
G.
Municipal liability. The granting of a zoning permit in the floodplain
area shall not constitute a representation, guaranty or warranty of
any kind by the Borough of Woodstown or by any official or employee
thereof of the practicability and safety or floodproof status of the
proposed use, nor shall the granting of such a permit create any liability
upon the Borough of Woodstown, the officials or employees.
