Delran City Zoning Code
ARTICLE IVA
Agricultural District A-1 Residential Cluster Provisions
§ 355-13.1 Purpose and intent.
A.
Age-Restricted Residential Cluster Development I. The Township Council, acting to reinforce the traditional purpose and intent of the Township's Agricultural Zoning District and implement the goals and objectives of the Delran Township Master Plan, has determined that limited age-restricted residential cluster development should be allowed and encouraged in the A-1 Zoning District as an alternative to conventional sprawl development to:
(1)
Supplement Delran Township's traditional A-1 zoning regulations by encouraging the continuation of agriculture and agricultural-related uses within this district by providing for open space areas and by accommodating the housing needs of our senior residents.
(2)
Protect our environmentally sensitive lands, including stream corridors, wetlands, floodplains, and other critical site features and natural resources by requiring that the more fragile or fertile areas of the site remain in preserved open space or agriculture.
(3)
Provide for recreation facilities which are appropriate to the needs and convenience of appropriate age groups.
(4)
Allow for innovation in residential development to meet the needs of our senior residents for a variety of housing types, sizes, designs and forms of ownership.
(5)
Provide flexible design methods which can relate the type and layout of residential developments to the particular site constraints and to the particular demands for age-restricted housing and related facilities.
(6)
Require installation of pedestrian and bicycle circulation networks to reduce vehicular dependence and encourage healthful living, to serve the residents of the development, and to integrate the networks with other community and extra-community facilities.
(7)
Provide a desirable visual environment through creative development techniques and design arrangements related to the particular site.
(8)
Consider additional methods and means for preserving agricultural open space, including an open space trust fund, development transfer, or other innovative approaches.
B.
Age-Restricted Residential Cluster Development II. The Township Council of the Township of Delran desires to allow limited Age-Restricted Residential Cluster Development II and further encourages the same in the A-I Zoning District as an alternative to conventional sprawl development to:
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
Supplement Delran Township's traditional A-I zoning regulations by accommodating the housing needs of our senior residents.
(2)
Protect our environmentally sensitive lands, including stream corridors, wetlands, floodplains, and other critical site features and natural resources by requiring that the more fragile or fertile areas of the site remain in preserved open space.
(3)
Encourage the provision of recreation facilities which are appropriate to the needs and convenience of not only senior residents but of all residents of Delran.
(4)
Allow for innovation in residential development to meet the needs and choices of our senior residents for a variety of housing types, sizes, designs and forms of ownership.
(5)
Provide flexible design methods which can relate the type and layout of residential developments to the particular site constraints and to the particular demands for age-restricted housing and related facilities.
(6)
Provide a desirable visual environment through creative development techniques and design arrangements related to the particular site.
(7)
Recognize the lower impact of age-restricted developments on the community in terms of traffic and public services.
§ 355-13.2 Required findings.
A.
Age-Restricted Residential Cluster Development I. The Planning Board shall grant approvals for proposed age-restricted attached or detached residential cluster applications only if it finds the following facts and conclusions:
(1)
The permitted number of clustered units is equal to no more than the by-right layout of usable, buildable and accessible nonclustered lots located in accord with NJDEP and other land use regulations under the current (Article IV) A-1 ordinance bulk regulations at a density of one unit per acre. A by-right layout of usable and buildable nonclustered lots must be presented to the Planning Board to ascertain the permitted number of units.
(2)
Adequate provision has been made through the physical design of the residential cluster for public services, public water and sewer, control over vehicular and pedestrian traffic, the amenities of light and air, and recreation and visual enjoyment.
(3)
The most fragile and fertile lands, and environmentally protected lands (example: wetlands, wetland buffers and floodplains) are part of the preserved lands.
(4)
The age-restricted residential cluster complies with all applicable requirements of this chapter.
(5)
A minimum of 70% of the total tract is reserved as common lands.
B.
Age-Restricted Residential Cluster Development II. The Planning Board shall grant approvals for proposed age-restricted attached or detached residential cluster applications only if it finds the following facts and conclusions:
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
The total tract area contains at least 30 acres.
(2)
The permitted number of clustered units is equal to no more than two dwelling units per gross acre located in accord with NJDEP and other land use regulations.
(3)
Adequate provision has been made through the physical design of the residential cluster for public services, public water and sewer, control over vehicular and pedestrian traffic, the amenities of light and air, and recreation and visual enjoyment.
(4)
The most fragile and environmentally protected lands for example, wetlands, wetland buffers and floodplains) are part of the preserved lands.
(5)
The age-restricted residential cluster complies with all applicable requirements of this chapter.
(6)
A minimum of 50% of the total tract is reserved as common lands.
§ 355-13.3 Permitted uses and definitions.
A.
Age-Restricted Residential Cluster Development I. The following uses or any combination thereof are permitted in an age-restricted attached or detached residential cluster:
(1)
Single-family/detached structures, defined as single freestanding buildings.
(2)
Two-family structures, defined as freestanding buildings containing two dwelling units sharing one or more vertical or horizontal common walls and with each unit having a separate exterior entrance.
(3)
Multifamily structures nontownhouse, defined as freestanding buildings containing three, four, five or six dwelling units, with each unit sharing with another unit or units one or more vertical or horizontal common walls and with each unit having a separate exterior entrance. If a multifamily structure also meets the definition of a townhouse structure, it shall be considered a townhouse structure.
(4)
Townhouse structures, defined as freestanding buildings containing two, three, four, five or six townhouse units.
(5)
Townhouse unit, defined as one section of a townhouse structure containing only one dwelling unit which has freestanding walls on two sides (or, if at the end of the townhouse structure, three sides) and shares party walls with units on both sides (or, if it is at the end of a townhouse structure, shares a party wall on one side), with the unit having a separate exterior entrance.
(6)
Accessory structures and uses customarily incidental to a residential cluster development.
B.
Age-Restricted Residential Cluster Development II. The following uses or any combination thereof are permitted in an age-restricted attached or detached residential cluster:
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
Single-family/detached structures, defined as single freestanding buildings.
(2)
Two-family structures, defined as freestanding buildings containing two dwelling units sharing one or more vertical or horizontal common walls and with each unit having a separate exterior entrance.
(3)
Townhouse structures, defined as freestanding buildings containing two, three, four, five or six townhouse units.
(4)
Townhouse unit, defined as one section of a townhouse structure containing only one dwelling unit which has freestanding walls on two sides (or, if at the end of the townhouse structure, three sides) and shares party walls with units on both sides (or, if it is at the end of a townhouse structure, shares a party wall on one side), with the unit having a separate exterior entrance.
(5)
Accessory structures and uses customarily incidental to a residential cluster development.
§ 355-13.5 Permitted number of dwelling units.
A.
Age-Restricted Residential Cluster Development I.
(1)
Maximum number of dwelling units for A-1 age-restricted residential cluster. The maximum number of dwelling units permitted in an A-1 age-restricted residential cluster shall be no more than the number of dwelling units which could be constructed if the tract were being developed as a conventional development in conformance with the nonclustered A-1 bulk regulations at a density of one unit per acre as set forth in § 355-13.2A(1), above. The number of dwelling units yielded by this process shall be the maximum density for the gross area of land.
(2)
Maximum gross density for A-1 non-age-restricted residential development: one unit per two acres, with an open space requirement of 50%.
B.
Age-Restricted Residential Cluster Development II. The maximum number of dwelling units permitted in an Age-Restricted Residential Cluster Development II shall be no more than two units per acre calculated on the overall tract acreage.
[Added 7-15-2009 by Ord. No. 2009-6]
§ 355-13.6 Lot standards for age-restricted cluster development.
A.
Age-Restricted Residential Cluster Development I. The following standards shall apply to clusters:
(1)
Single-family detached.
(a)
Minimum lot width and frontage: 60 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Minimum lot area: 6,000 square feet.
(d)
Minimum front yard setback to garage: 20 feet.
(e)
Minimum side yard setback: eight feet/18 feet combined.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum height: 27 feet.
(h)
Maximum impervious coverage: 60%.
(2)
Two-family attached.
(a)
Minimum lot width and frontage: 50 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Minimum lot area: 5,000 square feet.
(d)
Minimum front yard setback to garage: 20 feet.
(e)
Minimum (nonadjoining) side yard setback: 15 feet.
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum height: 27 feet.
(h)
Maximum impervious coverage: 60%.
(3)
Townhouses.
(a)
Minimum lot width and frontage: 28 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Minimum lot area: 2,800 square feet.
(d)
Minimum front yard setback to garage: 20 feet.
(e)
Minimum side yard setback: 15 feet (end units).
(f)
Minimum rear yard setback: 20 feet.
(g)
Maximum height: 27 feet.
(h)
Maximum impervious coverage: 75%.
(4)
Multifamily structures. Since the dwelling units in multifamily structures may contain a variety of configurations, no specific lot dimensions are prescribed in this article for the individual units. Each multifamily structure shall conform to the following requirements, with all other lot dimensions as approved by the Planning Board:
(5)
Applicable to all cluster developments: Front yard setback limits shall be staggered with a minimum setback of 20 feet measured from the right-of-way. Fifty percent of all units may have a setback of 20 to 23 feet. The remaining lots shall have setbacks from 23 to 25 feet, or greater. No more than two adjoining lots fronting on the same street shall have similar front yard setbacks within three feet of each other. Corner lots shall conform to front yard setbacks on both streets.
B.
Age-Restricted Residential Cluster Development II. The following standards shall apply to clusters:
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
Single-family detached.
(a)
Minimum lot width: 50 feet.
(b)
Minimum lot depth: 100 feet.
(c)
Minimum lot area: 5,000 square feet.
(d)
Minimum front yard setback: 20 feet.
(e)
Minimum side yard setback: five feet minimum/15 feet combined.
(f)
Minimum rear yard setback: 10 feet.
(g)
Maximum height: 35 feet.
(h)
Maximum impervious coverage: 60%.
§ 355-13.7 Arrangement of buildings; height.
A.
Age-Restricted Residential Cluster Development I.
(1)
Distances between buildings.
(a)
Multifamily and townhouse structures shall be no closer to each other or to two-family structures than 60 feet on the plane, which describes the buildings as backing or fronting each other.
(b)
An accessory structure related to a townhouse structure or multifamily structure shall be no closer than 20 feet to an accessory structure related to another townhouse structure or multifamily structure.
(c)
Garages for adjacent townhouse units may be attached to each other.
(2)
Internal setbacks from off-tract property lines. A landscaped buffer area shall be required along the property lines of the tract as follows: along existing public streets, a distance equal to at least 40 feet or such greater distance as the Planning Board may determine to be necessary to be protective for the existing neighborhood or adjoining public open space or agricultural uses.
(3)
Offsets and architectural features. Townhouse structures and multifamily structures shall be designed with multiple offsets and other architectural features so as to provide breaks in the linear plane.
(4)
Height limitations. No principal structure shall have a height greater than 27 feet, and no accessory structure shall have a height greater than 15 feet.
B.
Age-Restricted Residential Cluster Development II.
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
Distances between buildings.
(a)
Townhouse structures shall be no closer to each other or to two-family structures than 50 feet on the plane, which describes the buildings as backing or fronting each other.
(b)
An accessory structure related to a townhouse structure or multifamily structure shall be no closer than 20 feet to an accessory structure related to another townhouse structure or multifamily structure.
(c)
Garages for adjacent townhouse units may be attached to each other.
(2)
Internal setbacks from off-tract property lines. A landscaped buffer area shall be required along the property lines of the tract as follows: along existing public streets, a distance equal to at least 40 feet to be protective for the existing neighborhood or adjoining public open space or agricultural uses.
(3)
Height limitations. No principal structure shall have a height greater than 35 feet, and no accessory structure shall have a height greater than 15 feet.
§ 355-13.8 Common open space.
A.
Age-Restricted Residential Cluster Development I.
(1)
Amount exclusions. At least 70% of the tract shall be devoted to preserved common lands.
(2)
Golf courses shall be considered as preserved and protected open space and may be included as part of the recreation or preservation, or both. The preservation of existing golf courses shall have priority over preservation of other nonexisting.
§ 355-13.9 Ownership and maintenance of the common open space.
A.
Age-Restricted Residential Cluster Development I. The developer shall first offer dedication of the common open space to the Township. If refused by the Township, the developer shall establish an organization for the ownership and/or maintenance of the common open space and stormwater management facilities outside public rights-of-way 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 dispose of any of its common open space without first offering to dedicate such to the Township of Delran. 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. Dedication of stormwater management facilities to the municipality outside public rights-of-way is prohibited and shall remain the responsibility of the homeowner's organization.
B.
Age-Restricted Residential Cluster Development II. The developer shall offer and the Township shall accept dedication of the common open space. Dedication of stormwater management facilities to the municipality outside public rights-of-way is prohibited and shall remain the responsibility of the homeowner's organization.
[Added 7-15-2009 by Ord. No. 2009-6]
§ 355-13.10 Other site design standards.
A.
Age-Restricted Residential Cluster Development I.
(1)
Pedestrian and bicycle circulation. Bicycle paths and sidewalks, whether or not proposed by the Township Master Plan, shall be provided so as to connect to existing bicycle paths already developed or for which the Township has developed plans, adjacent to the tract and to bicycle paths proposed on the Master Plan.
(2)
Landscaping and other improvements. All areas other than preserved natural 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, trees, 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, shall be provided with subsurface drip-type irrigation, and shall be replaced where necessary by the organization.
B.
Age-Restricted Residential Cluster Development II
[Added 7-15-2009 by Ord. No. 2009-6]
(1)
Pedestrian and bicycle circulation. Bicycle paths and sidewalks, whether or not proposed by the Township Master Plan, shall be provided so as to connect to existing bicycle paths already developed or for which the Township has developed plans, adjacent to the tract and to bicycle paths proposed on the Master Plan.
(2)
A Recreation Plan shall be provided as part of the land development application. Such a plan shall provide for recreation appropriate for the age group.
(3)
Landscaping and other improvements. All areas other than preserved natural 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, trees, 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.
§ 355-13.11 Affordable housing.
[Added 7-15-2009 by Ord. No. 2009-6]
A.
Developments in the Age-Restricted Residential Cluster Development II Zone shall not be required to provide affordable housing and shall not be required to make any payment in lieu of providing affordable housing.
B.
Any affordable housing obligation created by virtue of an Age-Restricted Residential Cluster Development II project shall be satisfied by the Township at another location.