As used in this article, the following terms shall have the meanings indicated:
CONSERVATION PLAN
A two-part detailed analysis of the land area proposed to be preserved as detailed in § 112-242 of this chapter. All conservation plans shall consist of a written narrative which provides all information required by § 112-242 of this chapter; and a conservation plan which shall also consist of a map or maps showing the existing natural features and contours and any changes if proposed by an applicant.
PRESERVATION AREA
In addition to any other definition provided in this chapter, the area of property as detailed in the conservation plan which shall be preserved without any modifications to the existing grades, vegetation or any other natural or historic resources on the site, except in accordance with a conservation plan approved by the Planning Board pursuant to this chapter which plan may specifically provide for the retention or creation of agricultural or horticultural uses and/or structures pursuant to Article XXI, § 112-172, herein.
Cluster development under this provision is optional and intended to:
A. 
Promote imaginative, well-designed subdivisions.
B. 
Encourage a coordinated plan of development of major land parcels under one ownership, where significant portions of such land parcels contain, or are in proximity to, natural resource features which should be preserved from development.
C. 
Retain the rural character of the area in which said land parcels are situated.
D. 
Establish procedures to assure adequate maintenance and restricted use of open space areas for the benefit of the inhabitants of the subdivision, or for dedication to public use.
E. 
Establish procedures to assure adequate protection of existing and potential developments adjoining the proposed cluster subdivision.
F. 
Protect historic villages, historic districts, and historic structures or sites.
G. 
Protect aesthetically significant ridgelines and viewsheds from the Delaware & Raritan Canal State Park and Canal Road.
H. 
Protect frontage along any existing or proposed reservoir, as well as along all reservoir-owned property.
I. 
Protect forests, significant stands of trees and individual trees of significant size.
J. 
Protect stream corridors, headwaters of streams, wetlands, floodplains, flood hazard areas, ponds or lakes.
K. 
Protect farmland and recently cultivated farm fields including typical farm features such as hedgerows and individual tree stands.
L. 
Protect rock outcroppings, including the bluffs and cliffs along Canal Road and the Delaware & Raritan Canal State Park.
M. 
Maintain the gross density of the tract in compliance with the Comprehensive Plan of the Township.
N. 
Permit a reduction in lot size within the developed portion of the R-40 Zone and A Zone, and in the RR3 Zone and RR5 Zone when combined with lands within the A Zone, for the preservation of open space.
O. 
Provide for dedication of land as identified in the Master Plan.
P. 
Protect land and natural resources from damage both prior to and after construction with a direct ban on the mining or extraction of any natural resources from the portion of real property to be preserved as part of the preservation area except in accordance with a conservation plan approved by the Planning Board pursuant to this chapter.
Q. 
Provide for a financial endowment by the applicant under a formula determined by the Township for the property to be deeded to the Township to be used for the costs of upkeep and maintenance by the Township of that specific on tract open space.
The uses permitted in the NRPC option shall be those uses and accessory uses permitted in the district in which the cluster development is located and also preservation areas.
The NRPC Option may be permitted in the R-40 District alone, the A District alone or the A and RR3 and RR5 combination districts, provided that the requirements set forth below are met:
A. 
The tract shall be under one ownership or controlled by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the NRPC District.
B. 
All contiguous or noncontiguous tracts shall have an aggregate area of not less than 40 acres, which acreage may be reduced to 10 acres if the resulting preservation area will adjoin another preservation area or land of similar nature that has been protected in a similar manner.
C. 
At least 40% of the tract shall be a preservation area.
(1) 
The preservation area shall contain two or more of the following natural resource features:
(a) 
Heavily wooded and forested areas, hedgerows, significant stands of trees or individual trees of significant size;
(b) 
Natural wildlife habitats;
(c) 
Streams, stream corridors, headwaters of streams, wetlands, flood hazard areas, ponds or lakes;
(d) 
Rock outcroppings, including the bluffs or cliffs along the Delaware & Raritan Canal;
(e) 
Frontage along the Delaware & Raritan State Park and Canal Road;
(f) 
Historic structures, sites, villages or districts;
(g) 
Frontage along any existing or proposed reservoir and all reservoir owned acreage;
(h) 
Farmland and recently cultivated farm fields, including typical farm field features such as hedgerows and tree stands.
(2) 
It may also include a dedication of land as identified in the Master Plan for public use.
D. 
Dwelling units within the cluster development may be serviced by individual wells and septic systems, provided the minimum lot size is equal to or greater than two acres.
E. 
Dwelling units within the cluster development may also be serviced by public sewer and public water utilities.
F. 
The applicant shall submit with its application a yield map demonstrating that under the lot size requirements particular to the zone, the applicant at issue, would otherwise be entitled to approval for the number of units sought for the cluster development without resort to variances or other waivers or design modifications such as wetland buffer averaging. In applications for development of noncontiguous tracts, individual tracts may include more housing units than allowed by zone density, within allowable overall density for the total development, solely at the discretion of the Planning Board for the purpose of preservation and a coordinated plan of development.
G. 
The applicant shall submit a commitment in the form of a letter of intent to create a financial endowment to the Township for the preservation area under a formula determined by the Township for the costs of upkeep and maintenance by the Township of that specific on-tract open space.
An application submitted under this option, in addition to compliance with the provisions of § 112-237 hereof shall also comply with the following:
A. 
The development areas may only be developed for detached single-family residential dwellings.
B. 
Preservation areas shall be located in appropriate locations and arranged in such a manner so as to further and foster the purposes of the NRPC option.
C. 
All preservation areas shall be dedicated for nondevelopment and open space uses in such manner as delineated in this chapter, or for municipal purposes as identified in the Master Plan. Preservation areas shall not be altered, disturbed or damaged by the applicant before or during construction. Activities including, but not limited to, the mining, extraction, or balancing of soil, subsoil or other natural resources, the stockpiling of soil or subsoil or any construction materials or activities are not allowed in preservation areas except in accordance with a conservation plan approved by the Planning Board pursuant to this chapter. The removal of trees or other existing vegetation is not allowed on preservation areas except in accordance with a conservation plan approved by the Planning Board pursuant to this chapter which plan may specifically provide for the retention or creation of agricultural or horticultural uses and/or structures pursuant to § 112-172 herein.
D. 
Lots shall be developed according to the following lot and yard requirements:
(1) 
Fifteen thousand square feet to 0.99 acres: in accordance with the R-15 standards.
(2) 
One to 1.99 acres: in accordance with R-40 standards.
(3) 
Two to 5.99 acres: in accordance with RR-3 standards.
(4) 
Six acres and larger: in accordance with A standards.
A. 
No less than 40% of the entire tract shall be designated as preservation area.
B. 
The preservation area shall have a minimum contiguous lot area of not less than 15 acres, and no portion thereof shall be less than 500 feet in width except, however, the Planning Board may allow the creation of a preservation area less than 15 acres or less than 500 feet in width as may be reasonable and within the general purpose and intent of the ordinance if the literal enforcement of the provisions of this subsection is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C. 
Preservation areas shall first be made available for the benefit of all residents of the Township, and accordingly shall be offered for dedication to the Township or its designee. The applicant shall deed all preservation areas to the Township upon final approval and prior to the commencement of any construction or the issuance of any building permits by the Township for work on the site. Prior to the dedication to the Township or its designee, the lands shall be improved by the developer in accordance with Township requirements. Improvements to the property may include but are not limited to development of the site for its natural and scenic qualities, including the removal of all debris by the applicant, the establishment of trails or other means to view the site, or to connect the site to other preservation areas or similar areas, landscaping or other measures to improve the environmental characteristics of the property. The Environmental Commission shall provide a list of all recommended improvements, all or any of which may be incorporated into any preliminary and final approvals at the discretion of the Planning Board. Improvements to the site may also include recreational facilities, provided that they are approved by the Township Council upon a recommendation from the Planning Board and/or as recommended in the Township Master Plan.
D. 
If all or a portion of the property designated a preservation area is not accepted to public use, or if the approving agency shall determine only a portion thereof be accepted to public use, said areas not so accepted to public use shall be protected by legal arrangements, satisfactory to the Planning Board, sufficient to assure its maintenance and preservation for its intended purpose. Covenants and other legal arrangements shall specify ownership of the area; method of maintenance; responsibility for maintenance, taxes and insurance; compulsory membership and compulsory assessment provisions; guaranties that any association formed to own and maintain said area will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board.
E. 
Preservation areas shall not be approved to include facilities necessary for approval of construction of the developed portion of the property including but not limited to drainage basins.
F. 
All tracts of land deeded to the Township designated as a preservation area shall be deed restricted and contain specific notation reflecting that the property was acquired for preservation and is subject to all conditions and restrictions of such designation. No building, real property or interest therein acquired as part of the NRPC Ordinance shall be sold, conveyed, leased or otherwise alienated from Township ownership, unless it has been approved by the Township Council after review by and comment from the Planning Board, Agricultural Advisory Committee, Environmental Commission and Open Space Advisory Committee.
The Planning Board shall determine, at a minimum, the following findings with respect to the proposed NRPC application:
A. 
The development provides for a total environment better than that which could be achieved under conventional subdivision.
B. 
The application conforms to the Comprehensive Plan of the Township.
C. 
The application is designed to produce an environment of stable and desirable character, consistent with the intent and purpose of the cluster development regulations to promote public health, safety and general welfare, and not out of harmony with its surrounding neighborhood.
D. 
The property would be used for purposes and in a manner permitted in the existing district except for lot size, and site of dwellings in the zone.
E. 
The conservation plan has been submitted to the Agricultural Advisory Committee, Environmental Commission, the Shade Tree Commission and the Open Space Advisory Committee for review and comment and is in accordance with the standards set forth in the ordinance.
A. 
An applicant proposing to develop lands in accordance with the above conditions shall first submit a sketch subdivision plat to the Planning Board in accordance with standards enumerated in § 112-181 et seq. of this chapter. After approval of the plat by the Planning Board, the applicant may then submit a plan in accordance with the standards and conditions of Article XXII, § 112-179 et seq.
B. 
An NPRC application accompanied by a sketch plat in conformity with § 112-181 shall further contain the following:
(1) 
A designation of those portions of the combined tract intended for residential cluster development and the development densities proposed (the "development areas").
(2) 
Projects in excess of 500 acres shall not be required to designate lot layouts on the sketch plat.
C. 
In addition, the applicant shall also submit a conservation plan in accordance with the following standards:
(1) 
A conservation plan for all preservation areas within the total project shall be provided. Such a conservation plan shall include the location, size, nature and topography of all preservation areas.
(2) 
The conservation plan shall describe in a written report any irreplaceable natural resource features located on the tract, such as but not limited to stream corridors, headwaters of streams, wetlands, ponds or lakes; wildlife habitats; forests, significant stands of trees, hedgerows and individual trees of significant size; farmland; significant viewsheds and ridgelines; rock outcroppings, including the bluffs or cliffs along Canal road and the Delaware & Raritan Canal State Park. These irreplaceable natural features shall be included within preservation areas to the maximum extent practicable. All trees or forests with trees greater than 18 inches in diameter shall be separately identified on the conservation plan.
D. 
If any preservation areas within the conservation plan are slated for preservation because of scenic value and purposes, their suitability shall be determined by visibility from a roadway and/or visibility to a significant number of people.
E. 
The conservation plan shall describe existing structures or sites having significant historic or social value to the Township. Such historic structures and sites shall be preserved to the maximum extent practicable.
F. 
The conservation plan shall describe how preservation areas are protective of the environment and wildlife and shall demonstrate how preservation areas support the goals and intent of the Comprehensive Plan of the Township and of this chapter.
G. 
All preservation areas within the conservation plan shall be designed to be compatible with the submitted cluster development proposal, as well as with existing development in the immediate area.
H. 
The applicant shall meet with the Environmental Commission and provide a copy of the conservation plan prior to any preliminary approvals by the Planning Board. The Environmental Commission shall review the conservation plan and make any proposed changes to it which will enhance the public's ability to enjoy the property. The Planning Board shall review the comments of the Environmental Commission and may incorporate these changes into the approved conservation plan if it determines the proposed changes are in the best interests of the public.
I. 
The Planning Board with the assistance of the Environmental Commission and the Open Space Advisory Committee shall rank the land proposed for preservation to determine if the best land available to the Township has been offered. A criteria-ranking system for preservation areas shall be established by the Environmental Commission.