East Windsor City Zoning Code
§ 20-4.15
Residential Cluster Development. 1
a.
The purpose of this section is to provide flexibility in residential design, encourage energy conservation through flexibility, building orientation, reduce residential development costs, and provide a method of providing sufficient space in appropriate locations for agriculture, open space, common property, conservation, schools, recreation, parks and land for other public purposes by permitting a reduction in residential lot size without reincreasing the number of lots or permitted number of dwelling units. Lot size averaging shall be considered to be a form of residential cluster development. The minimum lot area set forth in Schedule of District Regulations for a cluster development shall be the minimum lot area for lot size averaging. Lot size averaging shall be considered to be that type of residential cluster development which does not offer land to either the Township or homeowners association, but instead retains it in private ownership with appropriate deed restrictions or conservation easements imposed on oversized lots to restrict further subdivision in order to insure that the overall development does not exceed the number of dwelling units which are permitted in the zoning district in which the lot is located and to further assure the objective of this section as set forth in paragraph b4 is followed.
b.
Cluster developments may but need not be approved at the sole discretion of the Township subject to these requirements:
1.
The tract size is at least ten acres.
2.
All dwelling units are connected to approved and functioning central water and sanitary sewer systems, except for developments which lie in the R.A. and R.E. zoning districts.
3.
The permitted number of dwelling units on cluster lots shall not exceed the number of units which could be developed on the site using the minimum lot size for the applicable zone district without clustering and meeting the standards set forth on the Schedule of District Regulations. The conventional sketch plan developed for purposes of establishing a lot count shall take into consideration the development constraints imposed by natural features such as wetlands and floodplains.
4.
Land equal in area to a minimum of 20% of the tract's total land area is set aside for agriculture, open space, common property, conservation, schools, recreation, parks, and land for other public purposes, singly or in combination, except that land utilized for streets, parking, drives and required yards shall not be included as part of the 20%. Lands to be set aside shall be either dedicated to the Township, owned in common by an association as outlined below, or retained in private ownership with appropriate deed restrictions or conservation easements assuring their continued use for the above-stated purposes. At least one-half of the required land to be set aside (10% of the tract's total land area) shall lie outside delineated wetlands, wetland transition areas, and lands which lie within 100 year flood hazard area. Land to be used for open space, recreation or any other public purpose shall be in one functional and contiguous parcel to the maximum extent practicable. The land to be set aside shall be suitable and usable for active recreation and/or other stated purposes as determined by the Township, and shall be concentrated in one part of the site in order to maximize usability. Scattered site and linear arrangements of land to be set aside shall not be permitted unless the Planning Board within its sole discretion makes a finding that such an arrangement is otherwise beneficial and in the public interest.
c.
Lands offered to the Township or a homeowners association shall meet the following requirements:
1.
The minimum size shall be two acres.
2.
Lands for recreation purposes shall be improved by the developer including equipment, walkways and landscaping as set forth in the Technical Standards and shall have sufficient size for the intended purposes.
3.
Such lands shall be an integral part of the development and designed, improved and located to best suit the purpose(s) for which it is intended.
4.
Every parcel accepted by the Township shall be conveyed by deed at the time final plat approval is granted.
d.
Concurrence of Governing Body Procedure. A copy of any proposed dedication of land to the Township shall be transmitted to the governing body and be subject to the approval of the Planning Board and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose, and such existing features as topography, soils, wetlands, and tree cover as these features may enhance or detract from the intended use of the land.
[1]
Editor's Note: The Schedule of District Regulations referred to herein is included as an attachment to this chapter.