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Upper Township City Zoning Code

§ 20-6.8

Density Transfer.

[Ord. #009-2007, § 2]
a. 
Purpose. The purpose of density transfer is to allow for preservation of open space within the environmentally sensitive areas of the Township by providing a mechanism to compensate the current property owner for the potential residential unit yield on one tract, but allowing for these potential residential units to be developed on another suitable noncontiguous property.
1. 
The Township specifically has identified lands within the "TC" Town Center and "TCC" Town Center Core Districts as being most suitable for density transfer since these Districts permit higher density residential and mixed use development, are located within a State Designated Town Center, have been designated as appropriate wastewater treatment areas.
2. 
Density transfer can also preserve open space by clustering potential development between noncontiguous parcels onto one parcel and retaining the other parcel(s) as deed restricted open space.
3. 
For the Pinelands Area, density transfer can further protect this area by permitting potential residential unit yield to be transferred outside of the Pinelands Area to the "TC" and "TCC" Districts. The lands within the Pinelands Area will be maintained as dedicated open space.
4. 
A density bonus is provided under these regulations, to further encourage density transfer to the "TC" and "TCC" Districts.
5. 
Density transfer can also preserve open space by clustering potential development between non-contiguous parcels onto one parcel and retaining the other parcel(s) as deed restricted open space. This would apply to development within the "AR" and "C" Districts.
b. 
Density transfer within noncontiguous parcels located within the "AR" and "C" Districts area is permitted subject to the following requirements:
1. 
Lands shall be held in common ownership or under contractual agreement between property owners.
2. 
The development yield of the parcels shall be computed based upon the underlying zoning of these lands. A conceptual subdivision map in conformance with the zoning requirements shall be prepared to establish the parcel yield. The portion of the lot constrained by environmental restrictions shall be excluded from the concept plan.
3. 
The development yield may be transferred to the alternative noncontiguous parcels and developed in accordance with the requirements under Subsection 20-6.2 Conservation Residential Cluster Development.
4. 
The minimum required open space lot area requirements under Subsection 20-6.2 shall be computed based upon the total combined noncontiguous parcel acreage required for the particular District.
c. 
Density transfer is permitted on noncontiguous parcels located within the "AR" and or "C" Districts and the "TC" and "TCC" Districts subject to the following requirements:
1. 
The lot yield shall be transferred from the "AR" and or "C" Districts to the "TC" and or "TCC" Districts only.
2. 
Lands shall be held in common ownership or under contractual agreement between property owners.
3. 
The development yield of the parcels within the "AR" and "C" Districts shall be computed based upon the underlying conventional zone requirements. A conceptual subdivision map in conformance with the zoning shall be prepared to establish the development yield. The portion of the lot constrained by environmental restrictions shall be excluded from the concept plan.
4. 
The development yield shall be transferred to noncontiguous parcels located in the "TC" and "TCC" Districts.
5. 
Development Bonus. The lot yield of residential units may be increased by up to a maximum of 25% to encourage transfer into the Town Centers.
6. 
Development within the "TC" and "TCC" Districts shall be designed in conformance with the requirements of Subsection 20-4.7.
7. 
The parcels transferring their development yield shall be deed restricted as open space. No further development permitted except agriculture, forestry and low intensity recreational uses.
8. 
These lands shall be offered first to the Township, then to the State of New Jersey and Federal Government.
9. 
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.
10. 
The noncontiguous lands which have transferred their development yield shall be permanently dedicated as open space through recordation of a deed to the property which shall be in a form to be approved by the Township Solicitor.
d. 
Density transfer is permitted on noncontiguous parcels located within the "RD," "F3," "F10" and "F25" Districts and the "TC" and "TCC" Districts subject to the following requirements:
1. 
The lot yield shall be transferred from the "RD," "F3," "F10" and "F25" Districts to the "TC" and or "TCC" Districts only.
2. 
Lands shall be held in common ownership or under contractual agreement between property owners.
3. 
The development yield of the parcels within the "RD," "F3," "F10" and "F25" Districts shall be computed based upon the underlying conventional zone requirements. A conceptual subdivision map in conformance with the zoning shall be prepared to establish the development yield. The portion of the lot constrained by environmental restrictions shall be excluded from the concept plan.
4. 
The development yield shall be transferred to non-contiguous parcels located in the "TC" and "TCC" Districts.
5. 
Development Bonus. The lot yield of residential units may be increased by up to a maximum of 25% to encourage transfer into the Town Centers.
6. 
Development within the "TC" and "TCC" Districts shall be designed in conformance with the requirements of Subsection 20-4.7.
7. 
The parcels transferring their development yield shall be deed restricted as open space. No further development shall be permitted except agriculture, forestry and low intensity recreational uses.
8. 
These lands may be offered to the Township, then to the State of New Jersey and Federal Government.
9. 
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.
10. 
The noncontiguous lands which have transferred their development yield shall be permanently dedicated as open space through recordation of a deed to the property which shall be in a form to be approved by the Township Solicitor.