Vernon Township City Zoning Code
§ 330-201
Residential cluster development and open space preservation.
It is the express purpose of this section and article to promote the preservation of open space and to encourage, in connection with large tracts of land proposed for residential subdivision, the clustering of residences in order to accomplish such preservation. Whenever the subdivision of more than 20 acres is proposed, the applicant shall show cause to the satisfaction of the Planning Board why cluster development cannot or should not be effected, failing which the Planning Board may require that the proposed subdivision be effected by cluster design rather than conventional design. Without limitation to the Board's powers in this and related respects, the Board may require an amendment in the layout of the lots and improvements proposed by the developer, which amended application shall be submitted and proceeded upon as in the case of the original application for development. To the greatest practicable extent, open space areas shall be designed and set aside for use tending to obviate the development or disturbance of areas of distinct natural features, steeply sloped topography, high groundwater or other unique natural characteristics. Alternatively, open space areas may be designed for passive or active recreation use and activities. Residential cluster development shall comply with the following requirements:
A.
The minimum gross tract area for residential cluster development shall be 20 acres, and the minimum amount of open space to be set aside therein shall be 33% of the total tract area. All open space shall comprise a contiguous area of at least two acres.
B.
Any open space areas created hereunder shall have access to an improved street by easement, dedication or other suitable means to a width of at least 25 feet.
D.
Open space areas shall be owned and maintained by an open space organization as more particularly described and regulated herein.
E.
Residential cluster developments shall be effected pursuant to the following schedule of comparative requirements:
Conventional | Cluster | |||||
|---|---|---|---|---|---|---|
Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | |
R-1 | 120,000 | 250 | 75 | 40,000 | 200 | 50 |
R-2 | 80,000 | 200 | 75 | 30,000 | 150 | 50 |
R-3 | 30,000 | 125 | 50 | 20,000 | 125 | 40 |
F.
Nothing herein contained shall be construed to limit the power of the Planning Board to require a conventional development if the same appears to offer a better development alternative under the circumstances of the application, giving due consideration to land conservation, efficient use of land, drainage, topography, traffic conditions, effect of such development and subdivision on adjacent lands and occupants thereof, water supply and quality, preservation of natural features and other respects bearing on the public interest. The Planning Board shall give due consideration to site-specific information provided in the applicant's environmental impact statement, which statement shall offer site-specific findings, analysis and recommendations with respect to the suitability of cluster-versus-conventional development.
G.
No dwelling unit and no portion of any residential lot shall be situated on lands outside the respective zoning boundary for the residential district within which the proposed development lies.
H.
Unless otherwise expressly provided herein, the permitted uses and required standards in the zoning district within which the subject tract proposed for residential cluster development lies shall be the same as those which are permitted and required under conventional development.
I.
Under no circumstances shall the provisions of this section be construed to allow greater density than would ordinarily be permitted under conventional development.
J.
Any lands proposed for set-aside as open space for active recreation shall not be so subject to constraints such as, but not limited to, wetlands, floodplains, steep slopes or other limiting features as would tend to thwart the active-recreation purpose of the proposed set-aside. Open space subject to 50% or more constraint shall be presumed insufficient.
K.
Where a proposed open space set-aside is intended to serve the purposes of land conservation, suitable conservation easements shall be established to protect environmentally fragile and important natural features and resources, including but not limited to aquatic buffer areas, floodplains, wetlands, hydric soils, woodland areas, and watercourses.
L.
Common open space shall, to the greatest practicable extent, be set aside by layout which affords as many lots as possible direct or proximate access to such open space.
M.
In the event that the proposed development involves a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval or as a condition thereof for such particular stage even though such lands may be located in a different section of the overall development.