[Amended 10-5-2004 by Ord. No. 36-2004; 9-6-2005 by Ord. No. 34-2005; 3-7-2006 by Ord. No. 8-2006; 1-16-2007 by Ord. No. 1-2007; 8-19-2008 by Ord. No. 21-2008; 8-3-2010 by Ord. No. 14-2010; 8-2-2023 by Ord. No. 19-2023]
A.
Article VI of the Municipal Land Use Law[1] authorizes municipalities to adopt an ordinance providing
for planned developments in the form of residential clusters. This
form of planned development encourages and promotes flexibility and
economy in layout and design while preserving substantial open space,
including agricultural lands and environmentally sensitive lands.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
A residential cluster of single-family dwellings may be permitted
as an alternative form of development in specific zones on contiguous
parcels that are developed as a single entity, according to a plan
that preserves a significant area of open space and farmland. Applicants
utilizing the cluster development option must demonstrate that compared
to a conventional layout, the cluster design will benefit the community
by reducing impervious surfaces, conserving natural resources and
open space by minimizing land disturbance from grading and clearing,
reducing the need for roadway and utility infrastructure, and reducing
the need for stormwater management basins.
Residential cluster development shall be permitted in accordance
with the provisions of this article. This form of planned development
is authorized as a permitted use in the following zoning districts:
|
LDR
|
Low Density Residential
|
|
FP
|
Farmland Production
|
One of the prime objectives of a residential cluster development
of land is the availability and quality of open space made possible
by deviation from usual zoning requirements. The following general
criteria shall govern the eligibility of an application for development
of this type of planned development:
A.
Minimum required acreage. The required minimum acreage shall be:
B.
One person or one legal entity shall own or control by deed, contract,
option or other legal instrument the land area at the time that the
application for development is filed.
C.
Municipal sewage shall be available to the project site at the time
that the application for development is filed or planned to be online
at the time of project occupancy.
D.
Municipal water shall be available to the project site at the time
that the application for development is filed or planned to be online
at the time of project occupancy.
E.
Residential cluster developments may be built in stages, provided
the applicant can demonstrate to the satisfaction of the Planning
Board the following:
(1)
The plan submitted for preliminary approval shall delineate each
phase and include an expected construction schedule.
(2)
The residential cluster development may provide for a greater or
lesser concentration of density within a section than the overall
project density, provided that it is offset by a lesser or greater
density in subsequent stages.
(3)
Each stage of development shall be substantially self-functioning
and self-sustaining with regard to traffic circulation and access,
utility services, off-street parking and loading and open space.
(4)
Each stage shall be property related to every other stage of development
and the neighborhood and community as a whole and to all necessary
community services needed in the future to accommodate the proposed
development.
The general development plan shall set forth the permitted number
of dwelling units based on the permitted gross density and the plan
for open space, in its entirety, according to a schedule which sets
forth the timing of the various sections or phases of development.
The general development plan and the subsequent site plan or subdivision
shall conform to the following land use and design standards:
A.
Land use standards.
(1)
Permitted gross density. The permitted gross density of residential
units shall not exceed the dwelling units per acre in the following
table:
|
Zoning Districts
|
Dwelling Units per Gross Acre
|
|---|---|
|
Low Density Residential District
|
1.10
|
|
FP-Farmland Production
|
0.10
|
(2)
Single-family detached dwellings shall be the only permitted principal
housing types in residential clusters.
(3)
Permitted accessory uses shall include project maintenance buildings,
private attached garages architecturally integrated into residential
structures and active and passive recreational uses incidental to
the residential development.
(4)
Permitted active recreational uses shall include golf courses, swimming
pools and courts for badminton, basketball, racquetball, tennis and
volleyball.
(5)
Permitted passive recreational uses shall include parks and nature
trails suitable for bicycle and pedestrian travel.
(6)
Lots and structures shall be laid out to the greatest extent feasible
in a manner to preserve the natural landscape of the site, including
scenic vistas that may exist on the site.
(7)
Lots and structures shall be laid out to the greatest extent feasible
in a manner to meet the energy conservation standards contained in
this chapter.
(8)
Lots and residential structures shall be arranged to maximize privacy
for residents and neighbors in the surrounding community and to minimize
conflict with abutting uses and exposure to nuisance factors such
as lighting glare and noise.
(9)
The safety of the residents shall be considered in project design
particularly with regard to the elements of circulation, landscaping,
lighting and the location of lots and structures.
B.
Circulation standards.
(1)
A traffic impact study shall be submitted with the application for
development as required by this chapter.
(2)
Traffic facilities affording general access to and circulation within
the development may be developed as public streets or private roads.
However, access must be perpetually available to residents and emergency
vehicles.
(3)
Streets contained within the development shall conform with the design
standards contained in this chapter. The City has the right to refuse
to accept streets proposed as public streets if they do not meet these
standards.
(4)
The approving authority may require whatever off-tract improvements
are necessary to accommodate projected traffic impacts based on the
development's proportional share of additional traffic to insure
safe vehicular and pedestrian circulation.
(5)
Clear site triangles shall be required where streets intersect dedicated
public streets. A distance of 300 feet shall be maintained clear of
obstructions measured from the stop sign of the streets within the
development.
(6)
Principal vehicular access points shall be designed to encourage
smooth traffic flow with controlled turning movements and minimum
hazards to vehicular and pedestrian traffic.
(7)
Access for bicyclists and pedestrians entering or leaving the site
shall be made by convenient and safe routes. Such access need not
be adjacent or limited to the vicinity of access points for motor
vehicles. Sidewalks shall be constructed for pedestrian access. Bicycle
and pedestrian paths within the development shall be encouraged to
be separated from motor vehicle traffic to the greatest extent feasible.
Bicycle paths shall be interconnected with the existing or proposed
bicycle circulation system for the City.
(8)
Where there are bicycle or pedestrian paths from within the development
to a street at its edge, no material impediment to visibility shall
be created.
(9)
Curbing shall be required along all public streets and the streets
within the development in accordance with the standards contained
in this chapter.
(10)
Concrete sidewalks shall be required along all dedicated public
streets and the streets within the development in accordance with
the standards contained in this chapter.
(11)
Sidewalks shall be required to connect all residential units
to parking areas. Paths intended for recreational use may be constructed
of materials other than concrete.
(12)
Resident spaces for residential structures may be provided by
driveway allowing a maximum of two stacked cars. Garages may be counted
toward meeting the parking requirements only if the management organization
prohibits their conversion to living spaces.
C.
Open space standards.
(3)
Common open space shall include an area of land reserved for the
use or enjoyment of the owners and residents of the development. Such
land may contain complementary structures and improvements as are
appropriate and necessary for the use or enjoyment of the owners and
residents of the development, including active and passive recreational
uses.
(4)
The common open space shall be considered part of the open space
for the purpose of fulfilling the open space requirements contained
in this article.
(5)
Wherever feasible, the common open space shall connect to existing
conservation lands, historic sites, parks, recreational lands, farmlands,
or, as applicable, lands proposed for these uses in the Master Plan.
D.
Local service and utility standards.
(1)
The development shall be serviced by the municipal wastewater collection
and treatment system. The developer shall design and construct a common
system on site to site into the municipal system.
(2)
The development shall be serviced by the municipal water system.
The developer shall design and construct a common system on site to
the into the municipal system.
(3)
All electric, telephone, television and other communication facilities,
both main and service lines, shall be provided by underground wiring
within easements or dedicated public rights-of-way and installed in
accordance with the prevailing standards and practices of the utility
or other companies providing such services. Overhead lines may be
permitted as an exception by the Planning Board in areas of severe
geological conditions. The placement and alignment of the poles shall
be designed to lessen the visual impact of overhead lines.
(4)
The developer shall provide adequate and efficient methods for handling
solid waste disposal, including materials that are required to be
recycled pursuant to municipal ordinance.
E.
Stormwater management standards.
(1)
Stormwater management systems shall emphasize a natural drainage
strategy as opposed to an engineered drainage strategy. The applicability
of a natural drainage strategy depends on such factors as site storage
capacity, open channel hydraulic capacity and maintenance needs and
resources.
(2)
Where natural drainage strategies are inadequate to accommodate stormwater
management for the site, detention facilities and other stormwater
facilities shall be designed and engineered according to the best
available technology.
(3)
When the site contains or is adjacent to natural lakes, ponds, rivers,
streams or wetlands, the runoff collection system shall be designed
to prevent watershed runoff into these areas to the greatest extent
feasible.
(4)
A stormwater management system shall be designed and engineered to
prevent an increase in nonpoint pollution to the greatest extent feasible.
F.
Environmental and visual standards.
(1)
An environmental impact study shall be submitted as required by this
chapter. It shall include an inventory and general description of
the natural attributes of the site, including an inventory and general
description of the soils, topography, vegetation, geology and surface
hydrology on the site.
(2)
Special natural features such as lakes, streams, wetlands and woodlands
as well as scenic viewsheds shall be preserved to the greatest extent
feasible.
(3)
Lots and structures shall be laid out to the greatest extent feasible
so they are located on the least environmentally sensitive area of
the site and in a manner which maximizes the preservation area for
long-term conservation.
(4)
A buffer zone of at least 150 feet in width shall be required between
residential uses and environmentally sensitive areas such as floodplains,
natural drainageways, unique vegetation, wetlands and wildlife habitats.
(5)
Within the FP-Farmland Production District, lots and structures shall
be laid out to the greatest extent feasible on the least fertile soils
for agricultural uses and in a manner which maximizes the farmland
preservation area for active agricultural use.
(6)
A buffer zone of at least 75 feet in width shall be required between
residential uses and agricultural uses and shall be thickly planted
with fast growing native shrubs and trees to create an effective barrier
separating residential uses from fields and pastures.
(7)
The design and placement of lots and structures shall be made in
a manner to integrate the development attractively and harmoniously
with its surroundings to enhance the natural features of the site.
(8)
Careful attention shall be given to the design and quality of all
structures and site amenities so that they are compatible within the
development and compatible with the natural landscape.
(9)
Adequate and functional lighting shall be located so as to provide
maximum aesthetics and safety while minimizing glare and nuisance.
(10)
Existing topography and natural drainage patterns shall be retained
to the maximum extent feasible.
(11)
Grading and construction plans shall comply with applicable
soil erosion and sediment control regulations.
(12)
Fences, walls or hedges shall be utilized at the edges of the
site where buffers or screening are needed to protect the residents
from undesirable views, lighting glare, noise or other off-tract influences
which are undesirable.
(13)
Off-street parking areas, service areas and areas for the collection
and storage of garbage and refuse shall be screened by a visual barrier
of at least six feet in height.
A.
The land proposed to be set aside for common open space may be dedicated
by the developer to the City for public use. The City reserves the
right to accept or reject the proposed dedication. If the common open
space is not dedicated to the City and accepted by the City, the developer
shall provide for an organization to own and maintain the common open
space for the benefit of the residents of the development. These lands
shall be owned by one of the following legal entities: owned jointly
or in common by the owners of the building lots or owned by a land
conservation trust. The agreement of the management organization shall
guarantee continued ownership and maintenance of all of the common
open space.
B.
All preservation lands reserved for agricultural use or environmental
protection shall be owned by one of the legal entities described above
and shall be subject to a permanent deed restriction or conservation
easement.
C.
As part of the agreement of the management organization, residents
of the development shall be informed of the customary farming practices
related to agricultural use or the environmental sensitivities of
the area and shall be provided with all guidelines and restrictions
that are identified by the Planning Board in its review of the site.
D.
The applicant shall provide copies of the articles of incorporation,
bylaws, deeds with covenants, deeds with easement, deeds of trust
and the management agreement which provides for the ownership and
maintenance of the common open space.
The Planning Board may grant a waiver or an adjustment to a
particular design or performance standard contained in this article
if the Board finds that the use of a more flexible design or performance
standard will achieve or enhance the benefit intended by this chapter.
No design or performance standard contained in this chapter shall
be waived where it adversely affects the public health, safety or
general welfare.
Where improvements outside of the boundaries of the residential
cluster development are necessary to ensure adequate access or provision
of necessary facilities or utilities such as drainage, street, sewer
and water, plans for such off-tract improvements shall accompany the
preliminary plan.
