112-31 NATURAL RESOURCES
PRESERVATION CLUSTER OPTION (Added
02/09/88 by Ord. No. 1380; Amended
06/12/01 by Ord. No. 3223)
A.
DEFINITIONS [Added 06/12/01 by Ord. no. 3223)
(1)
"Conservation Plan" means a two-part detailed analysis of the
land area proposed to be preserved as detailed in section (H)(3) of this
ordinance. All Conservation Plans shall consist of a written narrative which
provides all information required by section (H)(3) of this ordinance; and a
Conservation Platt which shall also consist of a map or maps showing the
existing natural features and contours and any changes if proposed by an
applicant.
(2)
In addition to any other definition provided in this Ordinance, for
purposes of this section "Preservation Area" additionally means 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 Ordinance
which plan may specifically provide for the retention or creation of
agricultural or horticultural uses and/or structures pursuant to Section 112‑9P(2)
herein.
B.
STATEMENT OF PURPOSE
Cluster
Development under this provision is optional and intended to:
(1)
promote imaginative, well‑designed subdivisions;
(2)
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;
(3)
retain the rural character of the area in which said land parcels are
situated;
(4)
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;
(5)
establish procedures to assure adequate protection of existing and
potential developments adjoining the proposed cluster subdivision;
(6)
Protect historic villages, historic districts, and historic structures
or sites.
(7)
Protect aesthetically significant ridge lines and viewsheds from the
(8)
Protect frontage along any existing or proposed reservoir, as well as
along all reservoir‑owned property.
(9)
Protect forests, significant stands of trees and individual trees of
significant size.
(10) Protect stream corridors,
headwaters of streams, wetlands, flood plains, flood hazard areas, ponds or
lakes.
(11) Protect farmland and
recently‑cultivated farm fields including typical farm features such as
hedgerows and individual tree stands.
(12) Protect rock outcroppings,
including the bluffs and cliffs along
(13) Maintain the gross density
of the tract in compliance with the Comprehensive Plan of the Township.
(14) 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. [Amended
6/12/01 by Ord. No. 3223]
(15) Provide for dedication of
land as identified in the Master Plan. [Amended
6/12/01 by Ord. No. 3223]
(16) 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
Ordinance. [Added 6/12/01 by Ord. No.
3223]
(17) 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. [Added 6/12/01 by Ord, No. 3223)
C.
PERMITTED USES [Amended 6/12/01 by Ord. No. 3223]
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.
D.
CRITERIA FOR CLUSTER
DEVELOPMENT [Amended 1/23/97 by Ord. No. 1992;
2/25/97 by Ord. No. 1997; 6/12/01 by
Ord. No. 3223]
The
NRPC Option may be permitted in the R40 district alone, the A district alone or
the A and RR3 and RR5 combination districts provided the requirements set forth
below are met:
(1)
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.
(2)
All contiguous or non-contiguous tracts shall have an aggregate area of
not less than forty 940) acres [which acreage may be reduced to ten (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. [Amended 6/12/01 by Ord. No. 3223]
(3)
At least forty percent (40 %) of the tract shall be a Preservation
Area. The Preservation Area shall contain two or more of the following natural
resource features: [Amended 6/12/01 by
Ord. No. 3223)]
(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
(e)
Frontage along the
(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;
(i)
It may also include a dedication of land as identified in the Master
Plan for public use. [Amended 6/12/01 by
Ord. No. 3223]
(4)
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 (2) acres.
(5)
Dwelling units within the cluster development may also be serviced by
public sewer and public water utilities.
(6)
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. [Amended 6/12/01 by Ord. No. 3223]
(7)
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. [Added 6/12/01 by Ord. No. 3223]
E.
DEVELOPMENT STANDARDS (Amended 2/25/97 by Ord. No. 1997; 6/12/01
by Ord. No. 3223)
An
application submitted under this Option, in addition to compliance with the
provisions of Section 112‑31C hereof shall also comply with the
following:
(1)
The Development Areas may only be developed for detached single‑family
residential dwellings.
(2)
Preservation areas shall be located in appropriate locations and
arranged in such a mariner so as to further and foster the purposes of the NRPC
Option.
(3)
All Preservation Areas shall be dedicated for non‑development and
open space uses, in such manner as delineated in this Ordinance, 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 Ordinance. 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 Ordinance
which plan may specifically provide for the retention or creation of
agricultural or horticultural uses and/or structures pursuant to Section 112‑9P(2)
herein. [Amended 6/12/01 by Ord. No.
3223]
(4)
Lots shall he developed according to the following lot and yard
requirements:
·
15,000 square feet to .99 acres ‑ in accordance with the R‑115
standards;
·
1‑1.99 acres ‑ in accordance with R‑40 standards;
·
2‑5.99 acres ‑ in accordance with RR‑3 standards;
·
6 acres and larger ‑ in accordance with A standards.
F.
PRESERVATION AREA
(1)
No less than forty (40%) percent of the entire tract shall be
designated as Preservation Area.
(2)
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.
(3)
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
they are approved by the Township Council upon a recommendation from the
Planning Board and/or as recommended in the Township Master Plan. [Amended 6/12/01 by Ord. No. 3223]
(4)
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; maintenance taxes
and insurance; compulsory membership and compulsory assessment provisions;
guarantees 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. [Amended 6/12/01 by Ord. No. 3223]
(5)
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. [Added 6/12/01 by Ord. No. 3223]
(6)
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. [Added 6/12/01 by
Ord. No. 3223]
G.
FIND1NGS [Amended 6/12/01 by Ord. No. 3223]
The
Planning Board shall determine, at a minimum, the following findings with
respect to the proposed NRPC application:
(1)
The development provides for a total environment better than that which
could be achieved under conventional subdivision.
(2)
The application conforms to the Comprehensive Plan of the township.
(3)
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.
(4)
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.
(5)
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. [Added
6/12/01 by Ord. No. 3223]
H.
APPLICATION
(1)
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 Section 112‑12 et seq. of this
Ordinance. After approval of the plat by the Planning Board, the applicant may
then submit a plan in accordance with the standards and conditions of Section
112‑9D and Section 112‑10 et seq.
(2)
An NPRC application accompanied by a Sketch Plat in conformity with
Section 112‑12C shall further contain the following:
(a)
A designation of those portions of the combined tract intended for
residential cluster development and the development densities proposed (the
"Development Areas");
(b)
Projects in excess of 500 acres shall not be required to designate lot
layouts on the sketch plat.
(3)
In addition, the Applicant shall also submit a Conservation Plan in
accordance with the following standards:
(a)
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.
(b)
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. [Amended 6/12/01 by Ord. No. 3223]
(c)
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.
(d)
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.
(e)
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 ordinance.
(f)
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.
(g)
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. [Added 6/12/01
by Ord. No. 3223]
(h)
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. [Added 6/12/01 by Ord. No. 3213]
NRPC Ordinance Sliding Scale
|
|
A/RR-3 & RR-5 Zone
|
|
|
Open Space |
Bonus |
Minimum |
Well & Septic |
|
|
|
40% |
05% |
2.0 acres |
|
45% |
10% |
2.0 acres |
|
50% |
15% |
2.0 acres |
Public Utilities |
|
|
55% |
20% |
1.0 acres |
60% |
25% |
1.0 acres |
65% |
30% |
1.0 acres |
70% |
35% |
1.0 acres |
|
|
A Zone Only (6 single family) |
|
Open Space
|
Bonus |
Minimum |
Well & Septic |
|
|
|
40% |
10% |
2.0 acres |
|
45% |
15% |
2.0 acres |
|
50% |
20% |
2.0 acres |
Public Utilities |
|
|
55% |
20% |
1.0 acres |
60% |
25% |
1.0 acres |
65% |
30% |
1.0 acres |
70% |
35% |
1.0 acres |
|
|
R-40 Zone |
|
Open Space
|
Bonus |
Minimum |
Public Utilities |
|
|
40% |
0% |
15,000 square feet |