Old Bridge City Zoning Code
ARTICLE VIII
Alternative Development Options
§ 250-59 Purpose.
The purpose of these provisions is to provide a range of flexibility within which unique conditions relating to a lot or lots proposed for development may be accommodated. The standards herein establish the limits of discretionary action which may be taken by the approving board. These standards are adopted pursuant to the authority of N.J.S.A. 40:55D-39b and c, and no deviation from these standards may be granted pursuant to N.J.S.A. 40:55D-70. Prior to the submissions of an application for development which proposes the utilization of an alternative development option set forth in this Article VIII, the developer is encouraged to take advantage of the concept plan review procedure under Article IV.
§ 250-60 Optional development techniques generally.
[Amended 7-9-2024 by Ord. No. 2024-13]
As an alternative to conventional development the approving board may authorize one of the three alternative development options set forth herein in accordance with the standards herein established.
A.
(Reserved)
B.
Cluster option. The cluster option is a form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of residential lots or density permitted under conventional zoning and the remaining land is utilized to provide special amenities. It is intended to be employed to create suitable areas for organized outdoor recreation, a pedestrian path network linking all parts of a development and a closed traffic circulation system. These amenities are to be furnished in addition to protecting special environmental features.
C.
Planned development option. The planned development option further expands on the cluster option by allowing appropriate nonresidential uses to be incorporated into large scale residential development. Planned developments shall be composed of individual residential clusters each of which must individually satisfy the requirements for the cluster option. A Class I Planned Development may provide for convenience commercial facilities to be incorporated into a neighborhood scale residential development. A Class II Planned Development may provide for more extensive nonresidential development to be incorporated into a larger community scale residential development. Both classes may provide for public and quasi-public land uses, but only a Class II Planned Development may provide for a full range of neighborhood and community commercial facilities along with industrial land uses.
§ 250-61 (Reserved) [1]
[1]
Editor's Note: Former § 250-61, Density transfer option, was repealed 7-9-2024 by Ord. No. 2024-13.
§ 250-62 Cluster option.
[Amended 3-27-1995 by Ord. No. 12-95; 4-23-2001 by Ord. No. 17-01; 7-9-2024 by Ord. No. 2024-13]
The approving board may authorize the use of reduced lot sizes for cluster development in accordance with the aforesaid Schedule of Alternative Development Options attached hereto as Appendix H and made a part hereof[1] where a development meets the following qualifying criteria:
A.
Each cluster shall:
(1)
Be restricted to one type of land use or housing type in a contiguous group of not less than 100 dwelling units;
(2)
Be served by a street system which is designed to minimize through traffic;
(3)
Be served by a pedestrian circulation system which serves the development;
(4)
Be designed so that all residential lots shall adjoin an open space parcel. Alternately, the Board may deem this item satisfied where, in lieu of adjoining all lots, the open space is provided in such quantity or location that it serves a greater public good, such as adjoining other open space or parkland or serves to preserve unique environmental or other features; and
(5)
Be designed so that a minimum of 23% of the tract area shall be set aside in developed or undeveloped open space parcels. Developed open space parcels shall be designed to accommodate pedestrianways of not less than 10 feet in width and recreation sites of not less than five acres in area.
(a)
Developed open space is intended to provide sites for recreational facilities. Developed open space may include, but shall not be limited to, landscaped lawn areas, a golf course, which may include ancillary features of groundwater recharge, walkways, pedestrian bicycle paths, paved terraces and sitting areas, and recreational facilities such as playfields, playground, tot-lots, swimming pools, sports courts, community center, and ancillary roadways and parking.
(b)
Undeveloped open space is intended to preserve lands in a natural state for groundwater recharge, aesthetic appeal, recreation and conservation purposes. Undeveloped open space may include wetlands, woodlands, wildlife preserves, man-made and natural bodies of water, scenic areas, woodland trails, hedgerows and treelines, natural wooded areas around golf courses, and access roads and ancillary parking for undeveloped open space sites. Development in undeveloped open space shall be limited to the following: footpaths, jogging trails, bridle paths, bicycle paths, nature walks, nature preserves, bird sanctuaries, ecological study or alternative energy areas, nurseries for trees, shrubs, and other plants to be used in the development, access roads and ancillary parking for undeveloped open space sites, and lighting, retaining walls and other features necessary to protect the land or people who will use the undeveloped open space.
(6)
Have two or more points of access.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 250-63 Planned development.
The approving board may authorize a planned development consisting of three or more residential clusters along with other nonresidential land uses in accordance with the following standards:
A.
Criteria for planned developments. The approving board may authorize the use of reduced lot sizes for planned development in accordance with the aforesaid Schedule of Alternative Development Options[1] where a development meets the following qualifying criteria:
(1)
A planned development shall be a mixed use development and contain at least three residential clusters, one or more of which may conform to and take advantage of the density bonus provided for in Subsection B, and each residential cluster within a planned development shall individually conform to the requirements of the cluster option. Anything herein to the contrary notwithstanding, the granting of said density bonus shall only increase the permitted density only in the cluster portion of the planned development which conforms to the conditions permitting the application of such bonus.
(2)
Planned developments shall be of two classes, namely Class I PD and Class II PD, and shall meet the size criteria set forth herein.
(a)
A Class I PD shall be a planned residential development designed for residential use with retail and service conveniences. A site submitted for approval as a Class I PD shall contain a contiguous area of not less than 100 acres.
(b)
A Class II PD shall be a planned unit development designed for residential and nonresidential employment generating uses. A site submitted for approval as a Class II PD shall contain a contiguous area of not less than 300 acres.
[1]
Editor's Note: Appendix H, Schedule of Alternative Development Options, is included at the end of this chapter.
B.
Allowable discretion. Flexibility in the planning and design of a planned development is provided within a limited range of possibilities.
(1)
Land use.
(b)
A Class II PD shall:
[1]
Contain general office, community commercial or special development parcels of not less than 10% and not more than 20% of the tract area;
[2]
Contain public space parcels of not less than 3% of the tract area;
[3]
Consist of at least seven separate residential clusters;
[4]
Contain at least five housing types;
[5]
Contain at least three housing densities; and
[6]
Contain neighborhood commercial parcels of not less than 3% and not more than 10% of the tract area.
(c)
The nonresidential land uses in a Class I or Class II PD shall be subject to the following additional restrictions:
[2]
Public community service uses include, but are not limited to, schools, libraries, fire stations, first aid and rescue squad stations, municipal offices or quasi-governmental offices, public recreational amenities, parks, play areas or other similar facilities.
[3]
Private community service uses are uses of a nature similar to public community service uses, but which shall be offered directly to the prospective users. Upon the written acceptance of such lands by the private community service user, the approving board shall formally approve the inclusion of such uses for credit as public space.
(2)
Density.
(a)
In order to encourage a variety of residential densities, the total number of residential units shall be developed according to the following schedule:
Class I PD | Class II PD | ||||
|---|---|---|---|---|---|
Minimum | Maximum | Minimum | Maximum | ||
Low density/ LD | 30% | 70% | 15% | 45% | |
Low medium density/ LMD | 30% | 70% | 20% | 35% | |
Medium density/ MD | N.A. | N.A. | 25% | 35% | |
Medium high density/ MHD | N.A. | N.A. | 10% | 20% | |
(b)
(c)
Density averaging may be used in distributing gross residential parcel densities from one land use parcel to another within the same overall land use category (i.e., LD, LMD, MD, MHD); provided that the average density and maximum number of dwelling units permitted in the given land use category is not exceeded within each section embraced by the preliminary plan submission. The approving authority shall approve all applications for density averaging during the preliminary approval process.
(d)
A mixture of residential housing types within each of the density categories shall be provided by the applicant and approved by the approving board so that no single housing type dominates.
C.
Planning requirements. Planned developments shall be subject to the following standards which shall supplement other provisions of this chapter:
(1)
Land use. The land use proposals for any planned development shall be consistent with the policies articulated in the Master Plan as relates to land use, community facilities and housing.
(2)
Circulation. The circulation proposals for any planned development shall be consistent with the policies articulated in the circulation element of the Master Plan.
(3)
Utilities and services. The utilities proposals for any planned development shall be consistent with the policies articulated in the Master Plan as relates to stormwater management, utilities, local services and fiscal impact on the county, municipality and special districts, including the local school district.
(4)
Open space. The open space proposals for any planned development shall be consistent with the policies articulated in the Master Plan as relates to open space and environmental features.
(5)
Staging. The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of residential and nonresidential land uses in proportion to the mix for the entire development and that each stage shall encompass completion of all streets, utilities and services necessary for the section whether located within or outside the section. The Township encourages completion of approved stages that are substantially self-functioning and self-sustaining with respect to traffic circulation, access, utilities, off-street parking and loading, open space and other PD requirements before development proceeds for new stages.
(a)
In addition to the foregoing, residential housing units and acres of nonresidential uses that may be developed in a Class I or Class II PD shall be timed at intermediate points following the staging performance schedule outlined below. The staging performance schedule shall be established for the entire development at the time of approval of the general development plan timing schedule, if any, or otherwise at the time of preliminary approval. At each subsequent approval stage, the approving board shall review each application for conformance with the staging performance schedule and may establish bench marks within intermediate points.
(b)
The staging performance schedule shall relate maximum percentage of dwelling units (expressed as the maximum number of construction permits issued) to the minimum percent of acres of nonresidential uses that must be improved with public water and sewer facilities, and minimum assessed valuation of building space under construction devoted to nonresidential uses, set forth in the following schedule:
Maximum Dwelling Units | Minimum Commercial and Office Industrial Acreage (deed restricted and served by water sewer) | Minimum Ratables as Percent of Total Assessed Valuation of Commercial Office Industrial Defined at GDP | |
10% | 10% | 0% | |
25% | 25% | 10% | |
40% | 40% | 25% | |
60% | 60% | 45% | |
85% | 85% | 65% |
(c)
Affordable housing units approved pursuant to Article IX shall not be counted as residential housing units and shall be excluded from the staging performance scheduling requirement.
(d)
Construction permits may be withheld for noncompliance with the staging performance schedule set forth herein.