Mannington Township
City Zoning Code
City Zoning Code
ARTICLE X
Supplementary District Regulations
§ 70-38 Mandatory residential cluster subdivision.
[Amended 12-7-2006 by Ord. No. 06-16]
A.
Purpose.
(1)
This mandatory residential cluster subdivision section implements the land use principles of Mannington Township, as articulated in the Master Plan Goals and Objectives, Land Use Plan Element and Farmland Preservation Plan Element, among others, and is consistent with applicable Salem County planning documents and the New Jersey State Development and Redevelopment Plan. The overriding policy which will be advanced by this ordinance amendment is the preservation of the Township's agricultural land base and natural open spaces as subdivision of land for residential development occurs. The section also establishes standards for residential cluster subdivision design so as to minimize conflicts between farming activities and nearby residential neighbors.
(2)
Goals and objectives of this cluster ordinance include:
(a)
Clustering development on a portion of a tract preserves the balance of the tract for agriculture and open space; this is particularly critical for soils of prime and statewide importance which constitute the core of the Township's agricultural land base;
(b)
Clustering development provides preserved farmland and/or open space which may be located adjacent to other preserved lands to form large contiguous corridors for farming or environmental preservation;
(c)
Clustering development provides the opportunity to separate residential units from active agricultural operations on adjacent farmland thus reducing land use conflicts and helping to preserve the viability of farming in the Township;
(d)
Clustering development provides the opportunity to buffer residential units from view from public rights-of-way, thus protecting the viewshed along public roads and preserving the Township's rural character;
(e)
Clustering development reduces impervious surface coverage thus reducing the volume of development-related stormwater runoff which must be managed and maximizes the proportion of the tract which is retained for natural stormwater infiltration and aquifer recharge;
(f)
Clustering development with smaller lots reduces the initial cost of infrastructure (streets and utilities) as compared with conventional subdivision design and also lowers the Township's continuing costs of service and maintenance; and
(g)
Clustering development on smaller lots fosters social interaction among neighbors.
B.
Application. Residential cluster refers to a mandatory subdivision design approach for major subdivisions regardless of tract area in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones. Conventional subdivision design standards for the respective districts are being retained in the chapter only for the purpose of calculating the lot yield applicable for residential cluster design.
C.
Gross density. The permitted gross density of development in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones is indicated in § 70-33, Schedule of District Regulations, and is also a function of the application of any and all related chapter provisions. The number of permitted lots is determined as follows:
(1)
The maximum number of residential lots permitted under this mandatory residential cluster subdivision section may not exceed the number of lots which would be permitted under a conventional subdivision designed in compliance with all of the Township's applicable zoning, subdivision and design standards for the respective zoning districts and for which each lot could have an approvable well and on-site septic system.
(2)
To determine the number of permitted lots for a specific parcel, the applicant must submit a sketch plat with the following information:
(a)
A boundary survey;
(b)
Floodplains, wetlands, wetland transition areas, and topography at two-foot intervals;
(c)
Soil types and permeability classifications;
(d)
In the Agricultural (A) and Conditional Residential (CR) zones, lots with a minimum area of three acres shall be plotted in compliance with all applicable Township, county and state land development standards. In the Conservation (C) Zone, lots with a minimum of five acres shall be plotted in compliance with all applicable Township, county and state land development standards.
[Amended 11-1-2007 by Ord. No. 07-14]
(e)
Road width and access points must be located in compliance with applicable local and County standards; and
(f)
Two test borings with permeability tests must be performed for each of the soil types represented on the parcel and a minimum of one test boring with permeability test must be performed for every five acres. The tests shall be performed in compliance with all local, county and state regulations. All tests must be witnessed by either a representative of the Salem County Health Department or by the Township Engineer. The location and results of all tests shall be shown on the sketch plat.
D.
Bulk requirements. The bulk requirements are predicated on the type of soils and the method of wastewater management, regardless of zoning district, as follows:
Lot Size and Bulk Requirements for Residential Lots in Cluster Development in all Zoning Districts | |||||
|---|---|---|---|---|---|
Soil Permeability Rating | Lot area * (square feet) | Lot width (feet) | Front yard (feet) | Side yard (feet) | Rear yard (feet) |
K-0, K-1 and K-2 | 25,000** | 125 | 25 | 15 | 15 |
K-3, K-4 and K-5 | 20,000** | 100 | 25 | 15 | 15 |
All soil ratings | 15,000*** | 100 | 25 | 15 | 15 |
All soil ratings | 10,000**** | 80 | 20 | 10 | 15 |
* Lot areas shown are the minimum. The maximum lot size is a 10% increase over the minimum. |
** On-site septic system and private wells. |
*** Community wastewater system or community water system. |
**** Community wastewater system and community water system. |
All requirements of the respective zoning districts other than those specifically superseded by this section shall be continue to apply to residential cluster subdivisions. |
E.
Community design principles. The residential cluster subdivision design shall maximize the utility and aesthetics of the undeveloped farmland and/or open space as well as provide an attractive, walkable neighborhood for the residents. The following community design principles shall guide the design of residential cluster subdivisions:
(1)
The preserved agriculture/open space area shall be configured in such a manner as to facilitate continued or future agricultural use. Factors to be considered in design should include, but not be limited to, the desirability of locating the farmland/open space on prime soils and/or soils of statewide importance, the desirability of linking the proposed agriculture/open space area to adjacent tracts containing farming operations, the ability to create contiguous tracts of farmland and/or open space and the desirability of maximizing separation between farming operations and residential units.
(2)
The location of the houses shall be sited to minimize visual intrusions on the rights-of-way of existing Township and county roads by locating farmland and/or open space between clustered homesites and roads to minimize visual intrusions on scenic vistas and viewsheds and any adjoining public lands.
(3)
Where subdivision tracts include existing farmland operations, the farmland/parcels should include such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
(4)
Proposed roads should be located within the development portion of the property. It is the intent to keep the open space portion continuous and free of intrusions; however, adequate access must be provided to this area.
(5)
Existing hedgerows, historic structures, mature trees/woodlands, and orchards should be incorporated into the subdivision design to the extent possible. Residential lots shall be set back at least 100 feet from existing surface water (both total and nontidal), unless a more extensive setback is required by another local, county or state statute or regulation.
(6)
A pedestrian circulation system shall be designed for residents to walk safely and easily on the site among residential lots, to active or passive open space, to connect to Township greenway path systems and to points of nearby interest.
F.
Open space requirements. The following requirements govern the character and administration of the required farmland/open space:
(1)
The open space shall be permanently deed-restricted from further development and shall be utilized either for agriculture, conservation or passive open space as approved by the Planning Board. If the open space is currently farmed, it should continue to be farmed rather than converted to open space.
(2)
A preservation/conservation easement shall be placed on the farmland/open space at the time of final subdivision approval, permanently restricting the land from being developed. The language of the easement shall be subject to approval by the Township Solicitor.
(3)
The applicant shall indicate at the time of preliminary subdivision whether the open space is proposed to be dedicated to the Township or owned and maintained by a homeowners' association or open space organization. The dedication of open space to the Township is subject to its acceptance and approval by the Township Committee.
(4)
The deed of any single-family dwelling sold as part of a cluster development under this section shall contain a notification that the Township Zoning Ordinance specifically includes farming as a permitted use in the Agricultural (A), Conditional Residential (CR) and Conservation (C) Zones and that the open space in the development may be deed-restricted for farming use. Furthermore, prospective purchasers shall be separately informed in writing of the protection the Township Ordinance conveys to agricultural operations.
(5)
The applicant may be required to provide heavy landscape screening in order to buffer proposed residential lots as viewed from the public right-of-way.
G.
Utilities.
(1)
A long-term maintenance plan must be submitted for community wastewater and potable water systems, subject to the approval of the Township Engineer. A qualified licensed operator must be assigned to the operation and maintenance responsibility of any proposed wastewater and/or potable water system. For final subdivision approval, a developer's agreement must be submitted and approved by the Township, outlining the details of the operation and maintenance plan and responsibilities.
(2)
The Planning Board may require the installation of monitoring wells, at the recommendation of the Township Engineer.
(3)
The construction, operation and maintenance of any proposed community wastewater and/or potable water system shall be bonded to the Township. The amount and form of such bond shall be subject to the approval of the Township Committee upon recommendation from the Township Engineer (as to amount) and the Township Solicitor (as to form).