Upper Township City Zoning Code
§ 20-6.2
Conservation Residential Cluster Development.
[Ord. #009-2007, § 2]
a.
The purpose of this subsection is to provide a method of developing single-family detached dwellings which will preserve desirable open spaces, conservation areas, flood plains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes (and certain other regulations hereinafter stated) without increasing the number of lots in the total area to be developed. Cluster single-family residential developments are permitted in the "AR" and "C" Districts and the "RD," "F3," "F10" and "F25" Districts in the Pinelands Area.
b.
All conservation residential cluster developments shall meet the following requirements:
1.
Total lots permitted shall be calculated by preparing a conventional subdivision concept plan for lots which conform to the area standards for the underlying zone district. The portion of the lot constrained by environmental restrictions shall be excluded from the concept plan.
2.
Area and yard requirements for lots developed as part of a conservation residential cluster development in the "AR," "RD" and "F3" Districts are as follows:
(a)
Minimum lot size - one acre.
(b)
Maximum impervious lot coverage per lot - 15%.
(c)
Maximum building coverage - 10%.
(d)
Minimum vegetation preservation - 10%.
(e)
Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "RD" and F3" Districts shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.
(f)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(g)
Minimum open space lot - 60% of total tract area.
3.
Area and yard requirements for lots developed as part of a conservation residential cluster development in the "C" and "F10" Districts are as follows:
(a)
Minimum tract area shall be 20 acres.
(b)
Minimum lot size - one acre.
(c)
Maximum impervious lot coverage per lot - 15%.
(d)
Maximum building coverage per lot - 10%.
(e)
Minimum vegetation preservation per lot - 10%.
(f)
Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "RD" and "F3" Districts shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.
(g)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(h)
Minimum open space lot - 80% of total tract area.
4.
Area and yard requirements for lots developed as part of a conservation residential cluster development in the "F25" District are as follows:
(a)
Minimum tract area shall be 50 acres.
(b)
Minimum lot size - one acre.
(c)
Maximum impervious lot coverage per lot - 15%.
(d)
Maximum building coverage per lot - 10%.
(e)
Minimum vegetation preservation per lot - 10%.
(f)
Minimum lot frontage, yard, height requirements for principal and accessory buildings shall be the "R2" Moderate Density Zone requirements; notwithstanding, the front yard setback requirements for lots within the "F25" District shall be 200 feet except setback may be reduced to 100 feet in agricultural areas or where environmental limitations require reduction.
(g)
Lots proposed for development within the Pinelands Area otherwise must meet the minimum standards of Subsection 20-5.14 of this chapter.
(h)
Minimum open space lot - 85% of total tract area.
5.
Improvements and design standards for cluster developments shall conform to the standards of Chapter 19, Land Subdivision and Site Plan as amended.
6.
All lands not included in or assigned to individual lots and not utilized for street rights-of-way must be permanently dedicated through recordation of a restriction on the deed to the parcel as open space with no further development permitted. All lands not accepted by the Township shall be owned and maintained by a homeowners association. All streets within the development shall be dedicated to the Township.
7.
All land areas shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which intended.
8.
The lands offered to the Township shall be subject to review by the Planning 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 Planning 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.
9.
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 Planning Board to effectuate the provisions of this chapter pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Planning 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.
10.
A homeowners association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, flood plain, recreation and park areas and other lands which would otherwise be dedicated to the Township, shall be in accordance with the following provisions:
(a)
Membership in any created homeowners association by all property owners shall be mandatory. Such required membership in any created homeowners association and the responsibilities upon the members shall be in writing between the association and the individual, in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs, providing that the Township shall be a party beneficiary to such covenant and entitled to enforce its provisions.
(b)
Executed deeds with restrictions stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development shall be tendered to the Township simultaneously with the granting of final subdivision approval.
(c)
The homeowners association shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners association and shall hold the Township harmless from any liability.
(d)
The assessment levied by the homeowners association shall become a lien on the private properties in the development. The duly created homeowners association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.
(e)
The homeowners association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development. Before final approval, copies of the bylaws, covenants, model deeds and Articles of Incorporation shall be submitted to the Township.
(f)
The developer shall provide a procedure by which lands will be transferred to the homeowners association. This schedule shall be based on a percentage of the lots and/or homes sold or occupied. The bylaws of the homeowners association should include provisions which will insure that the maintenance responsibilities for the commonly owned land are the obligation of the association.
11.
No Certificate of Occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the structure are properly completed and functioning.