Millville City Zoning Code
ARTICLE XX
Residential Clusters
§ 30-232 Purpose.
A.
Article VI of the Municipal Land Use Law[1] authorizes municipalities to adopt an ordinance providing for planned developments in the form of residential clusters. This form of planned development encourages and promotes flexibility and economy in layout and design while preserving substantial open space, including agricultural lands and environmentally sensitive lands.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
A residential cluster of single-family dwellings may be permitted as an alternative form of development in specific zones on contiguous parcels that are developed as a single entity, according to a plan that preserves a significant area of open space and farmland. Applicants utilizing the cluster development option must demonstrate that compared to a conventional layout, the cluster design will benefit the community by reducing impervious surfaces, conserving natural resources and open space by minimizing land disturbance from grading and clearing, reducing the need for roadway and utility infrastructure, and reducing the need for stormwater management basins.
§ 30-234 Applicability.
Residential cluster development shall be permitted in accordance with the provisions of this article. This form of planned development is authorized as a permitted use in the following zoning districts:
LDR | Low Density Residential |
FP | Farmland Production |
§ 30-235 General criteria for eligibility.
One of the prime objectives of a residential cluster development of land is the availability and quality of open space made possible by deviation from usual zoning requirements. The following general criteria shall govern the eligibility of an application for development of this type of planned development:
A.
Minimum required acreage. The required minimum acreage shall be:
B.
One person or one legal entity shall own or control by deed, contract, option or other legal instrument the land area at the time that the application for development is filed.
C.
Municipal sewage shall be available to the project site at the time that the application for development is filed or planned to be online at the time of project occupancy.
D.
Municipal water shall be available to the project site at the time that the application for development is filed or planned to be online at the time of project occupancy.
E.
Residential cluster developments may be built in stages, provided the applicant can demonstrate to the satisfaction of the Planning Board the following:
(1)
The plan submitted for preliminary approval shall delineate each phase and include an expected construction schedule.
(2)
The residential cluster development may provide for a greater or lesser concentration of density within a section than the overall project density, provided that it is offset by a lesser or greater density in subsequent stages.
(3)
Each stage of development shall be substantially self-functioning and self-sustaining with regard to traffic circulation and access, utility services, off-street parking and loading and open space.
(4)
Each stage shall be property related to every other stage of development and the neighborhood and community as a whole and to all necessary community services needed in the future to accommodate the proposed development.
§ 30-236 Land use and design standards.
The general development plan shall set forth the permitted number of dwelling units based on the permitted gross density and the plan for open space, in its entirety, according to a schedule which sets forth the timing of the various sections or phases of development. The general development plan and the subsequent site plan or subdivision shall conform to the following land use and design standards:
A.
Land use standards.
(1)
Permitted gross density. The permitted gross density of residential units shall not exceed the dwelling units per acre in the following table:
Zoning Districts | Dwelling Units per Gross Acre |
|---|---|
Low Density Residential District | 1.10 |
FP-Farmland Production | 0.10 |
(2)
Single-family detached dwellings shall be the only permitted principal housing types in residential clusters.
(3)
Permitted accessory uses shall include project maintenance buildings, private attached garages architecturally integrated into residential structures and active and passive recreational uses incidental to the residential development.
(4)
Permitted active recreational uses shall include golf courses, swimming pools and courts for badminton, basketball, racquetball, tennis and volleyball.
(5)
Permitted passive recreational uses shall include parks and nature trails suitable for bicycle and pedestrian travel.
(6)
Lots and structures shall be laid out to the greatest extent feasible in a manner to preserve the natural landscape of the site, including scenic vistas that may exist on the site.
(7)
Lots and structures shall be laid out to the greatest extent feasible in a manner to meet the energy conservation standards contained in this chapter.
(8)
Lots and residential structures shall be arranged to maximize privacy for residents and neighbors in the surrounding community and to minimize conflict with abutting uses and exposure to nuisance factors such as lighting glare and noise.
(9)
The safety of the residents shall be considered in project design particularly with regard to the elements of circulation, landscaping, lighting and the location of lots and structures.
B.
Circulation standards.
(1)
A traffic impact study shall be submitted with the application for development as required by this chapter.
(2)
Traffic facilities affording general access to and circulation within the development may be developed as public streets or private roads. However, access must be perpetually available to residents and emergency vehicles.
(3)
Streets contained within the development shall conform with the design standards contained in this chapter. The City has the right to refuse to accept streets proposed as public streets if they do not meet these standards.
(4)
The approving authority may require whatever off-tract improvements are necessary to accommodate projected traffic impacts based on the development's proportional share of additional traffic to insure safe vehicular and pedestrian circulation.
(5)
Clear site triangles shall be required where streets intersect dedicated public streets. A distance of 300 feet shall be maintained clear of obstructions measured from the stop sign of the streets within the development.
(6)
Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.
(7)
Access for bicyclists and pedestrians entering or leaving the site shall be made by convenient and safe routes. Such access need not be adjacent or limited to the vicinity of access points for motor vehicles. Sidewalks shall be constructed for pedestrian access. Bicycle and pedestrian paths within the development shall be encouraged to be separated from motor vehicle traffic to the greatest extent feasible. Bicycle paths shall be interconnected with the existing or proposed bicycle circulation system for the City.
(8)
Where there are bicycle or pedestrian paths from within the development to a street at its edge, no material impediment to visibility shall be created.
(9)
Curbing shall be required along all public streets and the streets within the development in accordance with the standards contained in this chapter.
(10)
Concrete sidewalks shall be required along all dedicated public streets and the streets within the development in accordance with the standards contained in this chapter.
(11)
Sidewalks shall be required to connect all residential units to parking areas. Paths intended for recreational use may be constructed of materials other than concrete.
(12)
Resident spaces for residential structures may be provided by driveway allowing a maximum of two stacked cars. Garages may be counted toward meeting the parking requirements only if the management organization prohibits their conversion to living spaces.
C.
Open space standards.
(3)
Common open space shall include an area of land reserved for the use or enjoyment of the owners and residents of the development. Such land may contain complementary structures and improvements as are appropriate and necessary for the use or enjoyment of the owners and residents of the development, including active and passive recreational uses.
(4)
The common open space shall be considered part of the open space for the purpose of fulfilling the open space requirements contained in this article.
(5)
Wherever feasible, the common open space shall connect to existing conservation lands, historic sites, parks, recreational lands, farmlands, or, as applicable, lands proposed for these uses in the Master Plan.
D.
Local service and utility standards.
(1)
The development shall be serviced by the municipal wastewater collection and treatment system. The developer shall design and construct a common system on site to site into the municipal system.
(2)
The development shall be serviced by the municipal water system. The developer shall design and construct a common system on site to the into the municipal system.
(3)
All electric, telephone, television and other communication facilities, both main and service lines, shall be provided by underground wiring within easements or dedicated public rights-of-way and installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. Overhead lines may be permitted as an exception by the Planning Board in areas of severe geological conditions. The placement and alignment of the poles shall be designed to lessen the visual impact of overhead lines.
(4)
The developer shall provide adequate and efficient methods for handling solid waste disposal, including materials that are required to be recycled pursuant to municipal ordinance.
E.
Stormwater management standards.
(1)
Stormwater management systems shall emphasize a natural drainage strategy as opposed to an engineered drainage strategy. The applicability of a natural drainage strategy depends on such factors as site storage capacity, open channel hydraulic capacity and maintenance needs and resources.
(2)
Where natural drainage strategies are inadequate to accommodate stormwater management for the site, detention facilities and other stormwater facilities shall be designed and engineered according to the best available technology.
(3)
When the site contains or is adjacent to natural lakes, ponds, rivers, streams or wetlands, the runoff collection system shall be designed to prevent watershed runoff into these areas to the greatest extent feasible.
(4)
A stormwater management system shall be designed and engineered to prevent an increase in nonpoint pollution to the greatest extent feasible.
F.
Environmental and visual standards.
(1)
An environmental impact study shall be submitted as required by this chapter. It shall include an inventory and general description of the natural attributes of the site, including an inventory and general description of the soils, topography, vegetation, geology and surface hydrology on the site.
(2)
Special natural features such as lakes, streams, wetlands and woodlands as well as scenic viewsheds shall be preserved to the greatest extent feasible.
(3)
Lots and structures shall be laid out to the greatest extent feasible so they are located on the least environmentally sensitive area of the site and in a manner which maximizes the preservation area for long-term conservation.
(4)
A buffer zone of at least 150 feet in width shall be required between residential uses and environmentally sensitive areas such as floodplains, natural drainageways, unique vegetation, wetlands and wildlife habitats.
(5)
Within the FP-Farmland Production District, lots and structures shall be laid out to the greatest extent feasible on the least fertile soils for agricultural uses and in a manner which maximizes the farmland preservation area for active agricultural use.
(6)
A buffer zone of at least 75 feet in width shall be required between residential uses and agricultural uses and shall be thickly planted with fast growing native shrubs and trees to create an effective barrier separating residential uses from fields and pastures.
(7)
The design and placement of lots and structures shall be made in a manner to integrate the development attractively and harmoniously with its surroundings to enhance the natural features of the site.
(8)
Careful attention shall be given to the design and quality of all structures and site amenities so that they are compatible within the development and compatible with the natural landscape.
(9)
Adequate and functional lighting shall be located so as to provide maximum aesthetics and safety while minimizing glare and nuisance.
(10)
Existing topography and natural drainage patterns shall be retained to the maximum extent feasible.
(11)
Grading and construction plans shall comply with applicable soil erosion and sediment control regulations.
(12)
Fences, walls or hedges shall be utilized at the edges of the site where buffers or screening are needed to protect the residents from undesirable views, lighting glare, noise or other off-tract influences which are undesirable.
(13)
Off-street parking areas, service areas and areas for the collection and storage of garbage and refuse shall be screened by a visual barrier of at least six feet in height.
§ 30-237 Performance standards.
A.
The land proposed to be set aside for common open space may be dedicated by the developer to the City for public use. The City reserves the right to accept or reject the proposed dedication. If the common open space is not dedicated to the City and accepted by the City, the developer shall provide for an organization to own and maintain the common open space for the benefit of the residents of the development. These lands shall be owned by one of the following legal entities: owned jointly or in common by the owners of the building lots or owned by a land conservation trust. The agreement of the management organization shall guarantee continued ownership and maintenance of all of the common open space.
B.
All preservation lands reserved for agricultural use or environmental protection shall be owned by one of the legal entities described above and shall be subject to a permanent deed restriction or conservation easement.
C.
As part of the agreement of the management organization, residents of the development shall be informed of the customary farming practices related to agricultural use or the environmental sensitivities of the area and shall be provided with all guidelines and restrictions that are identified by the Planning Board in its review of the site.
D.
The applicant shall provide copies of the articles of incorporation, bylaws, deeds with covenants, deeds with easement, deeds of trust and the management agreement which provides for the ownership and maintenance of the common open space.
§ 30-238 Waivers and adjustments.
The Planning Board may grant a waiver or an adjustment to a particular design or performance standard contained in this article if the Board finds that the use of a more flexible design or performance standard will achieve or enhance the benefit intended by this chapter. No design or performance standard contained in this chapter shall be waived where it adversely affects the public health, safety or general welfare.
§ 30-239 Off-tract improvements.
Where improvements outside of the boundaries of the residential cluster development are necessary to ensure adequate access or provision of necessary facilities or utilities such as drainage, street, sewer and water, plans for such off-tract improvements shall accompany the preliminary plan.