[Ord. No. 2018-11 § 4]
The Municipal Council to implement the goals and objectives
of the Princeton master plan has determined that the residential cluster
development technique should be allowed and encouraged in particular
zoning districts as an alternative to conventional development, in
order:
(a)
To allow for innovation in residential development to meet the
demands of the citizens for a variety of housing types, sizes, designs
and forms of ownership and affordable housing opportunities.
(b)
To provide a flexible design method which can relate the type
and layout of residential developments to the particular site constraints
and to the particular demands for housing and related facilities.
(c)
To protect environmentally sensitive lands, such as stream corridors,
steep slopes and other critical site features and natural resources
by requiring that the more fragile areas of the site remain in preserved
open space.
(d)
To allow the most developable areas of the site to be more intensely
developed in return for retaining other portions of the site in common
open space.
(e)
To allow residential developments to be designed and constructed
at a lower cost per dwelling unit for streets, utilities, and other
site improvements.
(f)
To reduce the amount of blasting and other subsurface disturbances
required for street and utility installations.
(g)
To provide for recreation facilities which are appropriate to
the needs and convenient to the residents of the development.
(h)
To allow for the installation of pedestrian and bicycle circulation
networks to serve the residents of the development and which are integrated
with the other community facilities.
(i)
To provide a desirable visual environment through creative development
techniques and design arrangements related to the particular site.
(j)
To provide substantive and administrative regulations which
can control development pressures so that the flexibility and innovation
allowed is channeled into developments which accomplish the purposes
herein stated.
[Ord. No. 2018-11 § 4]
The Planning Board shall grant preliminary subdivision and/or
site plan approval for proposed residential cluster applications only
if it finds and reduces to writing the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations,
if any, otherwise applicable to the tract conform to the applicable
standards of this division;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable and such common open space is consistent with
the requirements for same as hereinafter set forth in this division.
(c)
That adequate provision has been made through the physical design
of the residential cluster for public services, control over vehicular
and pedestrian traffic, the amenities of light and air, and recreation
and visual enjoyment.
(d)
That the residential cluster will not have an unreasonably adverse
impact upon the area in which it is proposed to be established. This
evaluation shall include reference to the Natural Resources Inventory.
(e)
In the case of a residential cluster 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.
(f)
That the residential cluster complies with all applicable requirements
of this division and chapter.
[Ord. No. 2018-11 § 4]
An applicant when submitting a development application for major
subdivision or site plan approval, may at the same time seek approval
of a residential cluster if the development is located in a zoning
district in which residential clusters are permitted uses. All applications
for residential clusters shall include sufficient information to enable
the Planning Board to determine whether the requirements of this division
have been met. In addition, all provisions of this Chapter relating
to subdivision and site plan approval shall apply, except as modified
by the provisions of this division. The design standards and plat
details of the subdivision article shall apply even if only site plan
approval is required. All applicants seeking approval of a residential
cluster development are encouraged to utilize the concept review procedure
pursuant to Section 10B-9 before applying for preliminary approval.
[Ord. No. 2018-11 § 4]
In addition to the requirements for preliminary subdivision
and site plan approval set forth in this Chapter, the following information
shall be shown on or shall accompany the application for preliminary
approval of a cluster development:
(a)
Data on or accompanying the preliminary plat showing the location
and extent of common open space, a statement of the nature of the
owning entity, such as a homeowner's association, and a description
of the documentation which will provide for the retention and maintenance
of the common open space for open space uses in perpetuity.
(b)
An outline of the covenants and restrictions describing the
rights, limitations and obligations of the owners and occupants of
the dwelling units relative to the common open space and its appurtenant
facilities and to the dwelling units and their appurtenant land and
facilities, and in the entity which will own or control the common
open space.
(c)
If all or a portion of the development will involve zero lot
line units or structures, a plat shall be submitted showing imaginary
lot lines superimposed to show compliance with the required lot line
standards of this division.
(d)
Schematic plans and elevation drawings for all buildings whether
or not the applicant plans to be responsible for the construction,
except that elevations for single family structures need not be submitted
if the applicant proposes to sell such house lots as vacant land to
individual purchasers.
[Ord. No. 2018-11 § 4]
In addition to the requirements for final subdivision and site
plan approval set forth in this Chapter, the following information
shall be shown on or shall accompany the application for final approval
of a cluster development:
(a)
The location and extent of common open space, with accurate
dimensions, bearings and acreage.
(b)
Documentation of title to common open space, and the documentation
establishing the owning entity, in final and recordable form, subject
to and accompanied by the approval of the municipal attorney all in
accordance with the preliminary approval. The documentation of title
shall be recorded in the office of the county clerk, and a copy of
such recorded documentation certified by the county clerk shall be
furnished to the municipality by and at the cost and expense of the
applicant after the approval of the final plat. The documentation
establishing the owning entity shall, if necessary, be filed with
the Secretary of State and a certified copy shall be furnished to
the municipality by and at the cost and expense of the applicant after
the approval of the final plat.
(c)
The declaration of covenants and restrictions, in final and
recordable form, subject to and accompanied by the approval of the
municipal attorney, all in accordance with the terms of the preliminary
approval including documentation to insure the retention and maintenance
of the common open space for open space use in perpetuity. Such documentation
shall be recorded in the office of the county clerk and a copy of
such recorded documentation certified by the county clerk shall be
furnished to the municipality by and at the cost and expense of the
applicant after the approval of the final plat.
(d)
A deed in recordable form which provides that any local property
taxes that would otherwise be assessed against common open space shall
instead be assessed against the residential units within the development
that have a right of enjoyment of said common open space in proportion
to the assessed values of said units, and said deed shall further
provide that any amounts so assessed against the residential units
shall thereupon become a lien and tax on said units and be added to
and be part of the taxes to be levied and assessed thereon and enforced
and collected with interest by the same officers and in the same manner
as other taxes.
[Ord. No. 2018-11 § 4]
The following uses or any combination thereof are permitted
in a residential cluster:
(a)
Single family structures. Conversion of single family structures
to two family structures shall be prohibited.
(b)
Two family structures.
(c)
Multi-family structures other than townhouses, limited to a
maximum of 20% of the units in the development. Multi-family structures
shall only be permitted in residential clusters on tracts of more
than 25 acres.
(d)
Townhouse structures.
(e)
Accessory structures and uses customarily incidental to the
principal uses allowed herein.
[Ord. No. 2018-11 § 4]
(a)
Each residential cluster shall consist of at least six contiguous
acres except that at least eight contiguous acres shall be required
in the R-A district.
(b)
An application for approval of a residential cluster shall include
all undeveloped contiguous land in the same ownership unless this
requirement is waived by the Board. Undeveloped land includes the
portion of a developed lot which is in excess of the minimum lot sizes
for the zoning district. The standard for granting a waiver from this
requirement is whether the contiguous undeveloped land sought to be
excluded can be separately developed with no greater adverse environmental
impact than if developed as part of the proposed cluster. For this
purpose conceptual plans shall be submitted showing how the contiguous
undeveloped land could be separately developed.
(c)
Public streets shall not be deemed to make land non-contiguous
for purposes of this section.
[Ord. No. 2018-11 § 4]
(a)
Maximum gross density. The maximum number of dwelling units permitted in a residential cluster is the number of dwelling units which could be constructed on the tract (excluding the area of existing and proposed streets) if the tract were being developed as a conventional development in conformance with the zoning regulations set forth in Section 10B-246 and related provisions for the zoning district in which the tract is located. In determining the number of dwelling units, lots which are precluded because of unusable areas shall not be counted. For purposes of this section "unusable areas" shall be determined with reference to Section 10B-254.1 (steep slopes), Section 10B-238 (flood hazard areas), Section 10B-233(h) (wetlands) and Section 10B-185 (other unusual suitability conditions). In applications in which it is proposed that the maximum gross density is to be computed under subsections (b) or (c) of this section, the applicant may submit a schematic test subdivision for a conventional development for purposes of demonstrating that the alternative computation under subsection (b) will not exceed by more than 50% the number of units which could be produced under a conventional development, unless the municipal engineer determines that a more detailed submission is required.
(b)
Cluster density bonus. A density bonus, computed as hereinafter
stated, is hereby authorized for residential clusters which in addition
to meeting the basic requirements of this division (residential clusters)
achieves one or more of the following design objectives:
(1)
Residential clusters designed with walking paths of at least
1,000 lineal feet at locations through the common open space approved
by the Planning Board, with the use of those walking paths being dedicated
by easement to the municipality for the use of the general public;
or
(2)
Residential clusters designed with more than 50% common open
space; or
(3)
Residential clusters designed with an active recreation area
of at least one-half acre, dedicated and conveniently accessible to
the public, provided that the Municipal Council has agreed to accept
said dedication. This area may also be counted toward the developer's
obligation to provide on-site active recreation areas for the residents
of the development; or
(4)
Residential clusters which dedicate suitable land for affordable
housing provided the Municipal Council has agreed to accept said dedication.
The dedicated land must have:
a.
Sewer service or be in an area that permits sewer service; and
b.
Frontage on an existing road or proposed roadway which is part
of a development; and
c.
No more than 20% in steep slopes, defined as slopes greater
than 50%, wetlands, wetland buffers and wetland transition areas,
as shown on an approved letter of interpretation, and flood hazard
areas and riparian areas,
d.
All structures removed and be free of any environmental hazards.
The density bonus units shall be in addition to the number of
units which may be constructed under the calculation in Section 191.2(a).
The bonus units in a residential cluster shall be subject to the same
requirements as apply to the units permitted under Section 10B-191.2(a).
The housing units to be constructed in the dedicated affordable housing
site are not subject to the provisions of the residential cluster
but shall be subject to the standards adopted by the Municipal Council.
(c)
The number of bonus units shall be calculated as follows:
(1)
For public access to the approved walking paths in the common
open space the bonus shall be 5% but this bonus may be increased by
an additional 5% if the linear feet of dedicated paths exceeds 1,000
linear feet and is equal to the lesser of (i) 5,000 linear feet or
(ii) that number which is 1% of the area of the preserved open space.
The total bonus for this category shall not exceed 10%.
(2)
For common open space in excess of 50%, the bonus shall be 5%
for each additional 10% of common open space but the total bonus for
this category shall not exceed 10%.
(3)
For a dedicated public active recreation area meeting the above
stated design objectives, the bonus shall be 5% with an additional
bonus of 5% for each additional one acre of dedicated area, but the
total bonus for this category shall not exceed 15%. With the approval
of the Board this area may be located off-site.
(4)
To be eligible for the affordable housing land dedication bonus
the residential cluster must have:
a.
A tract size of at least 75 acres.
b.
At least 70% of the tract must be common open space of which
at least 60% shall be in preserved open space either dedicated to
the municipality or maintained and owned by a homeowners' association.
c.
A minimum setback of 100 feet from off tract property lines.
This area shall be planted with appropriate planting and screening
material in areas that are not currently wooded. Such landscaping
shall consist of a mixture of evergreen and deciduous trees and shrubs
so as to produce a screen at least eight feet in height within two
growing seasons. The plantings shall not be arranged in a straight
row but rather staggered to create a more natural appearance.
The bonus for dedicating land for affordable housing shall be
calculated as follows: for every one acre of land dedicated to the
municipality for affordable housing in excess of one acre, the developer
shall receive a 15% bonus for housing units in a conventional development.
This land dedication shall not relieve the developer from any other
applicable affordable housing fee. The total bonus for this category
shall not exceed 30%.
If the developer exceeds the minimum requirements for a bonus
in a category, there shall be an additional bonus interpolated from
the above numbers, e.g., a 7% bonus for 64% common open space, or
12% bonus for a 1.9 acre public service recreation area. If the developer
qualifies for a bonus in more than one category, the bonuses shall
be cumulative but shall not exceed 50%. A fractional bonus for units
of 0.5 or more shall be rounded up.
By way of example, if the number of dwelling units authorized
under Section 10B-191.2(a) is 50 units and if the residential cluster
is designed with 64% open space and if a one and nine-tenths acre
active recreation area is dedicated as a public active recreation
area, the bonus for these two categories will be 19% or 10 additional
units. In addition to the above, if the residential cluster is designed
with eight acres of preserved open space and with public access of
2,790 lineal feet of walking paths, then the bonus for this category
will be 9%, and the total bonus will be 28% or 14 additional units.
[Ord. No. 2018-11 § 4]
It is not the intent of this division to prescribe the form
of ownership for the dwelling units in a residential cluster and the
ownership may be fee simple, condominium, or cooperative or any combination
thereof. However for purposes of regulating the location of buildings
within the cluster development it is necessary to prescribe lot sizes,
dimensions and setbacks standards. (See Section 10B-192.) Each dwelling
unit or structure shall be located so that it would comply with the
prescribed lot standards if imaginary lot lines were superimposed
on the development.
[Ord. No. 2018-11 § 4]
The following standards shall apply to clusters in which less
than 80% of the tract is devoted to open space.
(a)
Single-family structures. Single-family structures shall have
the following lot area, dimensions and yard setback requirements.
(1)
Minimum width and frontage. No lot shall have a width or frontage
less than 75 feet.
(2)
Maximum depth. No lot shall have a depth of more than three
times its width.
(3)
Minimum area. No lot shall have an area of less than 10,000
square feet.
(4)
Front and rear yard setbacks. The front yard setback shall be
not less than 15 feet, and the rear yard setback shall not be less
than 25 feet.
(5)
Setbacks for corner lots. Corner lots shall observe a setback
of at least 15 feet from each street right-of-way line.
(6)
Side yard setback. Each lot shall have combined side yard setbacks
of at least 30 feet, but neither side yard setback shall be less than
10 feet, except that one of the side yards may be reduced to zero
feet; provided that the sill of the window in a building abutting
a lot line shall be no less than seven feet above the elevation of
the ground and shall contain no windows if it is a common or abutting
wall with a building on the adjacent lot.
(7)
Floor area ratio. The maximum floor area ratio shall be as follows:
|
Lot size
|
F.A.R.
(max %)
|
|---|---|
|
10,000 to 10,890 square feet
|
25
|
|
10,891 to 21,780 square feet
|
20
|
|
21,781 to 43,560 square feet
|
15
|
|
43,561 to 65,340 square feet
|
12.5
|
|
65,341 square feet or more
|
10
|
(b)
Two-family structures. Two-family structures shall have the
following lot area, dimensions and yard setback requirements:
(1)
Minimum width and frontage. No lot shall have a width or frontage
of less than 100 feet.
(2)
Maximum depth. No lot shall have a depth of more than three
times its width.
(3)
Minimum area. No lot shall have an area of less than 12,000
square feet.
(4)
Front and rear yard setbacks. The front yard setback shall be
not less than 15 feet, and the rear yard setback shall be not less
than 25 feet.
(5)
Setbacks of corner lots. Corner lots shall observe a setback
of at least 15 feet from each street right-of-way line.
(6)
Side yard setback. Each side yard setback shall be at least
20 feet.
(7)
Floor area ratio. The maximum floor area shall be the same as
is set forth in Section 10B-192(a)(7).
(c)
Townhouse units. Townhouse units shall have the following lot
area, dimensions, yard setback, and outdoor living space requirements:
(1)
Minimum width and frontage, lot and building. No lot shall have
a width of less than 20 feet, nor a lot frontage of less than 20 feet.
No townhouse unit shall have a width of less than 20 feet.
(2)
Maximum depth. No lot shall have a depth of more than five times
its width.
(3)
Minimum area. No lot shall have an area of less than 2,000 square
feet.
(4)
Front and rear yard setbacks. Each lot shall have a combined
front and rear yard setback of at least 35 feet, but neither the front
nor rear yard setback shall be less than 15 feet.
(5)
Setbacks for corner lots. Corner lots shall observe a setback
of at least 15 feet from each street right-of-way line or common parking
area, whichever is greater.
(6)
Side yard. There shall be a side yard of not less than 15 feet
for each end townhouse unit.
(7)
Outdoor living space. There should be direct access from each
townhouse unit to outdoor living space having an area of not less
than 300 square feet in size, having no single dimension of less than
15 feet, which shall be clear of structures and shall be designed
for the recreational use of the occupants of the townhouse unit. The
space may be at ground level or elevated and may be composed of any
materials designed to create a patio surface or may be a wood deck
area, lawn, or other surface or structure or combination thereof,
in whole or in part. Adequate visual screening from neighboring dwelling
units and their outdoor living space, adjacent parking areas and roadways
shall be provided which may consist of plantings, masonry structures
or wood fencing. Architectural elements, such as masonry walls and
fences, shall be compatible in both style and materials with the dwelling
unit of which it is a part.
(d)
Multi-family structures. Because the dwelling units in multi-family
structures may contain a variety of configurations, no specific lot
dimensions are prescribed for the individual units. Each multi-family
structure shall conform to the following requirements:
(1)
Minimum area. Each multi-family structure shall be on a lot
having an area of 2,800 square feet per dwelling unit in the structure.
(2)
Front and rear yard setbacks. Each multi-family structure shall
have a combined front and rear yard setback of at least 35 feet, but
neither the front nor rear yard setback shall be less than 15 feet.
(3)
Setbacks from corners. The portion of a multi-family structure
at a corner shall observe a setback of at least 15 feet from each
street right-of-way line or common parking area, whichever is greater.
(4)
Side yard. Each multi-family structure shall have a side yard
of not less than 15 feet.
(5)
Outdoor living space. Each unit in a multi-family structure
shall have outdoor living space comparable to that required from each
townhouse unit, but the Planning Board may allow those requirements
to be adjusted as may be necessary to accommodate the different arrangements
of units.
[Ord. No. 2018-11 § 4]
The following standards shall apply to clusters in which at
least 80% of the tract is devoted to open space.
(a)
Single-family structures. Single-family structures shall have
the following lot area, dimensions and yard setback requirements:
(1)
Minimum width and frontage. No lot shall have a width or frontage
of less than 55 feet, except for a flag lot, which shall have a minimum
width and frontage of 15 feet. The width of adjacent lots shall be
varied in order to reduce the appearance of a uniform subdivision.
A maximum of 10% of all lots may be flag lots.
(2)
Minimum depth. No lot shall have a depth of less than 110 feet.
(3)
Minimum area. No lot shall have an area of less than 6,500 square
feet.
(4)
Front and rear yard setbacks. The front yard setback shall be
not less than 15 feet, and the rear yard setback shall not be less
than 25 feet.
(5)
Setbacks for corner lots. Corner lots shall observe a setback
of at least 15 feet from each street right-of-way line.
(6)
Side yard setback. Each lot shall have combined side yard setbacks
of at least 25 feet, but neither side yard setback shall be less than
10 feet, except that one of the side yards may be reduced to zero
feet; provided that the sill of any window in a building abutting
a lot line shall be no less than seven feet above the elevation of
the ground and shall contain no windows if it is a common or abutting
wall with a building on the adjacent lot.
(7)
Floor area ratio. The maximum floor area ratio shall be as follows:
|
Lot size
|
F.A.R.
(max %)
|
|---|---|
|
6,500 square feet or less
|
35
|
|
6,501 to 8,500 square feet
|
30
|
|
8,501 to 10,890 square feet
|
25
|
|
10,891 to 21,780 square feet
|
20
|
|
21,781 to 43,560 square feet
|
15
|
|
43,561 to 65,340 square feet
|
12.5
|
|
65,341 square feet or more
|
10
|
|
For purposes of this subsection, gross floor area shall not
include porches, garages, carports and basements.
|
(b)
Two-family structures. Two-family structures shall have the
following lot area, dimensions and yard setback requirements:
(1)
Minimum width and frontage. No lot shall have a width or frontage
of less than 100 feet.
(2)
Minimum depth. No lot shall have a depth of less than 110 feet.
(3)
Minimum area. No lot shall have an area of less than 11,000
square feet.
(4)
Front and rear yard setbacks. The front yard setback shall be
not less than 15 feet, and the rear yard setback shall be not less
than 25 feet.
(5)
Setbacks of corner lots. Corner lots shall observe a setback
of at least 15 feet from each street right-of-way line.
(6)
Side yard setback. Each side yard setback shall be at least
20 feet.
[Ord. No. 2018-11 § 4]
(a)
Distances between buildings. Multifamily and townhouse structures
shall be no closer to each other or to single-family structures or
two-family structures than 60 feet on the plane which describes the
buildings as backing or fronting each other. An accessory structure
related to a townhouse structure or multi-family shall be no closer
than 20 feet to an accessory structure related to another townhouse
structure or multi-family structure. Garages for adjacent townhouse
units may be attached to each other.
(b)
Siting of buildings. In addition to the other requirements of this division and the requirements of Article X of this Chapter, the following standards shall govern the location and arrangement of buildings.
(1)
Structures shall be located on the least environmentally vulnerable
land on the tract as determined with reference to the Natural Resources
Inventory and shall be sited in one or more clusters in a manner most
appropriate to the natural features of the tract.
(2)
Each dwelling unit shall be located so that it is accessible
by police, fire fighting and emergency vehicles.
(3)
Each dwelling unit location shall be reasonably related to the
appurtenant parking areas.
(4)
Each dwelling unit shall have at least two exposures. All buildings
shall be designated and sited in an energy-efficient manner.
(5)
Each dwelling unit shall be provided reasonable visual and acoustical
privacy and shall comply with the requirements of Sections 10B-280
and 10B-281.
(c)
Internal setbacks from off-tract property lines. A buffer area
shall be required along the property lines of the tract as follows:
along existing public streets — a distance equal to the minimum
front yard building setback requirement for the zoning district; and
along other property lines of the tract — a distance equal to
at least 40 feet or such greater setback as the Planning Board may
determine to be necessary to be protective for the existing neighborhood
or adjoining public open space. The Board may require the buffer area
to be landscaped pursuant to the provisions of Sections 10B-305 to
10B-310. Structures in the residential cluster shall be located and
sized so as to avoid abrupt changes from the existing neighborhood
development pattern.
(d)
Length and offsets. Townhouse structures and multi-family structures
shall not have a length on a single plane in excess of 180 feet and
shall be designed with offsets or other architectural features so
as to provide breaks in the linear plane.
(e)
Height limitations. No principal structure shall have a height
greater than 30 feet to the top of the building plate and no accessory
structure shall have a height greater than 20 feet.
[Ord. No. 2018-11 § 4]
(a)
Amount; exclusions. At least 40% of the tract shall be devoted
to common open space (usable and preserved for the benefit of the
residents of the residential cluster) and at least 50% of the required
common open space shall be in preserved open space. The following,
or the land under the following, shall not be considered common open
space: streets, driveways and parking areas; sidewalks and bicycle
paths not in or contiguous to the common open space; the lot areas
of individual lots or assigned to dwelling units or structures in
zero lot line developments; outdoor living space required for an individual
dwelling unit; structures other than those permitted in paragraph
(a) (1) of this section; and all other land which cannot reasonably
be considered common open space. The land area on which detention
basins are constructed, to the extent of 4% of the tract, may be counted
as open space which is usable open space.
(1)
Usable open space. Usable open space includes common open space
devoted to or reserved for active and passive recreation uses. To
the extent appropriate to the nature of the proposed residential cluster
and to the needs of the prospective residents, a portion of the common
open space shall be designated and developed for active and passive
recreation uses. In addition, the Planning Board may require the developer
to designate areas as reserved for future active and passive recreation
uses. Active recreation uses shall include areas devoted to swimming
pools, lakes, tennis and other racquet sport courts, stables, organized
sports, playgrounds, community gardens, and clubhouses. Passive recreation
use shall include areas devoted to lawns, picnic areas, court yards,
and other cleared areas which cannot reasonably be described as being
retained in their natural state.
(2)
Preserved open space. Preserved open space shall include that
portion of the common open space not devoted to or reserved for active
and passive recreation uses, except that unpaved paths for walking,
bicycling, or horseback riding shall be permitted. Preserved open
space otherwise shall be retained in its natural state; or in the
general condition in which it existed prior to the proposed development
of the remaining portions of the tract, with or without minimal periodic
maintenance to prevent the natural progression of vegetative growth.
Preserved open space may include existing farmland wherever feasible
or agricultural uses, as permitted under Section 10B-194(b) below,
and shall include such environmentally sensitive areas as stream corridors,
slopes of 15% grade or greater, unique natural features or lands of
historic significance as identified on the Environmental Resources
Inventory of Princeton, wetlands and areas of high water table, areas
of high concentration of boulders, mature stands of native vegetation,
and extraordinary wildlife, nesting, feeding, or breeding grounds.
Wherever feasible, not less than 80% of the preserved open space shall
be in two compact and contiguous parcels.
(b)
Agricultural uses. Common open space may be devoted to agricultural
uses but only if the land proposed for such use was actively devoted
to the type of agricultural use proposed within the thirty-year period
prior to the date on which the agricultural use is to be resumed.
[Ord. No. 2018-11 § 4]
The common open space shall be located and arranged in a manner
consistent with the provisions of Section 10B-188 and Section 10B-226
and with the following:
(a)
The siting shall be appropriate for the topography and geology
of the parcel;
(b)
The common open space shall be related to surrounding development
and public roads so as to produce an open quality of the residential
cluster when seen from such vantage points;
(c)
The common open space shall be accessible to all residents of
the residential cluster. The maximum feasible number of dwelling units
shall be adjacent to the common open space, and there shall be a close
visual and physical relationship between the common open space and
as many dwelling units as is reasonably possible.
(d)
Recreation facilities shall be reasonably accessible to the
residents of the residential cluster. They shall be located in an
area which will not be detrimental to adjacent property owners or
residents by virtue of noise, light, glare and any other objectionable
features emanating from such a facility.
(e)
The configuration of common open space area should be so arranged
that connections can be made to existing or future adjacent open spaces
and to contiguous publicly owned open space.
(f)
Not less than 60% of the common open space shall be in one compact
and contiguous parcel and the remainder shall be in linear parks,
having a minimum width of 75 feet, connecting sections of the development.
Sections of common open space not connected to other sections of common
open space shall be kept to the minimum required by particular site
constraints.
(g)
No more than 70% of the common open space required by Section
10B-194(a) or used for the computation of the additional bonus under
Section 10B-191.2(c) shall be satisfied by the areas devoted to existing
or new lakes and/or agricultural uses.
(h)
No more than 70% of the preserved open space required by Section
10B-194(a) or used for the computation of the additional bonus under
Section 10B-191.2(c) shall be satisfied by areas devoted to existing
lakes and/or agricultural uses.
[Ord. No. 2018-11 § 4]
(a)
The developer shall establish an organization for the ownership
and/or maintenance of the common open space for the benefit of owners
or residents of the residential cluster. Such organization shall not
be dissolved and shall not dispose of any common open space by sale
or otherwise except to an organization established to own and maintain
the common open space for the benefit of such residential cluster,
and thereafter such organization shall not be dissolved or disposed
of any of its common open space without first offering to dedicate
such to the municipality. Any disposition of the common open space
shall be subject to the requirement that the common open space will
be retained and maintained for open space use in perpetuity.
(b)
In the event that such organization shall fail to maintain the
common open space in reasonable order and condition, the municipal
engineer or the Governing Body or its designee may utilize the procedures
set forth in Section 31 of the Municipal Land Use Law (C.40:55D-43
b & c) to assure proper maintenance at the expense of the properties
within the residential cluster.
[Ord. No. 2018-11 § 4]
(a)
Pedestrian and bicycle circulation. In addition to complying
with the requirements of paragraphs (i) and (j) of Section 10B-160
and paragraph (g) of Section 10B-226:
(1)
Sidewalks and bicycle paths shall be provided so as to connect
to pedestrian circulation systems already developed, or expected to
be developed, adjacent to the tract; and
(2)
Bicycle paths whether or not proposed by the master plan, shall
be provided so as to connect to existing bicycle paths already developed,
or for which the municipality has developed plans, adjacent to the
tract and to bicycle paths proposed on the master plan and otherwise
when the standards set forth in paragraphs (i)(1)-(3) of Section 10B-160
(as applied to bicycle paths rather than sidewalks) have been met.
(b)
Landscaping and other improvements. In addition to the requirements
of paragraph (c) of Section 10B-160 and Sections 10B-304 to 10B-310,
all areas other than preserved open space shall be suitably landscaped.
Shade trees shall be provided along walks, driveways, and parking
areas. The Planning Board may require such grading, drainage, walkways,
fencing, lights and such other improvements in the common open space
as it shall deem appropriate to enhance the intended open space uses.
Screening or buffers consisting of fencing or landscaping may be required
around recreation, parking, utility and refuse disposal areas, and
around other similar areas as determined by the Planning Board. All
landscaping shall be maintained in good condition and shall be replaced
where necessary by the organization established pursuant to Section
10B-194.2(a).
(c)
Parking requirements. The parking spaces required by Section
10B-282 shall be designed and located pursuant to Sections 10B-287
to 10B-291.1.
[Ord. No. 2018-11 § 4]
If the residential cluster is to be developed in stages, the
Planning Board shall permit the total area proposed for common open
space to be divided among the sections submitted for final plat approval;
provided that each stage contains an amount of open space sufficient
to meet the needs of the residents of that section of the development,
and provided further that this can be accomplished in a manner which
is consistent with the requirements of Sections 10B-194, 10B-194.1.
[Ord. No. 2018-11 § 4]
Any residential cluster subdivision for which preliminary subdivision
and site plan approval has been granted prior to the effective date
of this division, may be developed under the pre-existing cluster
provisions.
