Lafayette City Zoning Code
§ 13-8.5
Lot Area and Density Requirements.
[Ord. No. 2012-06 § 13-8.7]
a.
Provided there is sufficient unconstrained land in accordance with Subsection d of this section, the minimum lot area requirements for conventional development shall be as follows:
Conventional Development | |
|---|---|
Zone | Minimum Lot Area |
R-5.0 | 5.0 acres |
R-4.0 | 4.0 acres |
R-2.5 | 2.5 acres |
b.
Lot Averaging Development. Provided there is sufficient unconstrained land in accordance with Subsection d of this subsection, the Land Use Board may approve a development employing the use of lot averaging provided the following requirements are met:
Lot Averaging Development | ||
|---|---|---|
Zone | Minimum Lot Area | Minimum Average Lot Area |
R-5.0 | 3.0 acres | 5.0 acres |
R-4.0 | 2.0 acres | 4.0 acres |
R-2.5 | 1.5 acres | 2.5 acres |
Where an applicant elects to utilize the technique of lot averaging, the following requirements shall apply:
1.
The land being developed shall have a minimum lot area of 50 acres.
2.
The arithmetic average lot area of all the lots created by the development plus any open space created under Subsection 13-8.5b shall not be less than the required minimum average lot area in the above table.
3.
In no case shall a lot be created for development which has less than the required minimum lot area in the above table.
4.
No more than 40% of the lots created shall be less than the required minimum average lot area in the above table.
5.
No lot created as a result of utilizing the technique of lot averaging shall be further subdivided and the deed for such lot shall contain a restriction against its further subdivision for the purposes of creating any additional lots.
6.
Final approval shall not be given for more lots than would be permitted by the requirements of the chapter in a conventional lot application. A density plan showing those attainable conforming lots without lot averaging shall be submitted with the lot averaging application.
7.
The approval of a lot averaging application is discretionary with the Land Use Board and must be predicated upon the uniqueness and the topographic characteristics of the land and the ability of the proposed development to ensure the preservation of open space.
c.
Cluster Subdivision. Provided there is sufficient unconstrained land in accordance with Subsection d of this subsection, the Land Use Board may approve a cluster subdivision provided the following requirements are met:
Cluster Subdivision | ||
|---|---|---|
Zone | Minimum Lot Area | Maximum Density |
R-5.0 | 3.0 acres | 1 Dwelling, Single-Family Detached /5.0 acres |
R-4.0 | 2.0 acres | 1 Dwelling, Single-Family Detached /4.0 acres |
R-2.5 | 1.5 acres | 1 Dwelling, Single-Family Detached /2.5 acres |
Where an applicant elects to use the development technique of cluster subdivision, the following requirements shall apply:
1.
The land being developed shall have a minimum lot area of 100 acres.
2.
The total number of lots created for single-family detached dwelling development shall not exceed the required maximum density in the above table.
3.
In no case shall a lot be created for development which has less than the required minimum lot area in the above table.
4.
Land area equal to a minimum of 30% of the tract of land proposed for development shall not be included in lots or streets and shall be set aside for conservation, open space, recreation or other public purposes. Land proposed for such public purposes shall be offered to the Township of Lafayette. All lands not accepted by the Township shall either be owned and maintained by a homeowners' association or any other entity determined by the Land Use Board to adequately safeguard the preservation of such lands. In any case, all streets within the development shall be deeded to the Township.
5.
Forty percent of the open space lands shall be unconstrained land.
6.
The developer shall submit to the Township Committee, upon final Planning Board approval, an open space easement for the land not to be developed to insure the public's interest that the remaining open space shall not be developed, with the exception of land needed for facilities in the development such as recreational facilities.
7.
The lands offered to the Township shall meet the following requirements:
(a)
Lands offered for recreational purposes shall be improved by the developer including equipment, walkways and landscaping in order to qualify the lands for acceptance by the Township.
(b)
Any land offered to the Township or a homeowners' association shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended.
(c)
(Reserved)
(d)
The lands offered to the Township or a homeowners' association shall be subject to review by the Land Use Board which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Land Use Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.
(e)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Land Use Board. Should the subdivision consist of a number of development stages, the Land Use Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.
8.
The developer is required to create a homeowners' association approved by the Township Committee upon the review and approval of the Land Use Board.
9.
An association, established for the purpose of owning and maintaining common lands and facilities including conservation, open space, floodplain, recreation and park areas and other lands, which would otherwise be dedicated to the Township.
10.
Final approval shall not be given for more lots than would be permitted by the requirements of this chapter in a conventional development. A density plan showing those attainable conforming lots without cluster subdivision shall be submitted with the cluster subdivision application.
11.
Should a tract be located in more than one zone, the maximum density calculations shall be applied to each zoned portion of the tract which is in a separate zone.
12.
The approval of a cluster subdivision is discretionary with the Land Use Board and must be predicated upon the uniqueness and topographic characteristics of the land and the ability of the proposed development to ensure the preservation of open space.
13.
The developer shall comply with all applicable provisions of the Land Subdivision Regulations in obtaining preliminary and final approval, respectively.
d.
Unconstrained Lands. On any lot proposed for development there shall be a minimum three-fourths acre of contiguous unconstrained land which has a shape and characteristics that can reasonably accommodate principal and accessory structures, domestic well, and septic system. No surface or stormwater management facility shall be included within the minimum contiguous unconstrained land.
e.
Maximum Permitted Disturbed Land Area. For conventional residential development, the maximum permitted land disturbance area for each lot shall be 45% of the lot area.
For residential developments utilizing lot averaging or clustering, the maximum permitted land disturbance area shall be 50% of the lot area. However, land disturbed to create active recreation facilities which are approved by the Land Use Board in accordance with Subsection 12-8.3c of the Lafayette Land Use Ordinance concerning "Recreational Open Space Requirements for Residential Developments" shall be excluded from the calculation of the maximum permitted land disturbance area.