Borough of Hampton, NJ Cluster Development

The following special provisions shall be satisfied before a cluster development conditional use shall be approved:

Total land area. The proposed cluster development shall embrace a minimum contiguous land area and have a maximum density in the zone or zones wherein such use is authorized in accordance with the following schedule:

Zone	Minimum Tract Area (acres)	Density (dwelling units per acre)
RR-5	22	1 per 2.5
R-5	15	1 per 5
RR-2	22	1 per 1

Each individual lot (and structure thereon) within a cluster development shall meet the requirements as prescribed in the R-1 Zone as shown in the Schedule of Lot, Yard and Height Regulations,[1] except for lot area, and shall satisfy all applicable requirements of the general regulations. The minimum lot area of each individual lot in each zone shall be as follows:

	Zone	Minimum Lot Area (square feet)
	RR-5	50,000
	R-5	60,000
	RR-2	30,000

[1]

Editor's Note: Schedule II, the Schedule of Lot, Yard and Height Regulations, is included at the end of this chapter.

Subdivision and/or site plan approval for the cluster development shall be required in accordance with the provisions of Articles III and IV of this chapter.

Underground utilities. The entire project shall be designed and constructed to provide public utility services, including stormwater drainage and public water, as well as electric, telephone and, where desired, CATV cables, all of which utility service systems shall be installed underground, except that in cases where the Planning Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Planning Board may waive the underground installation requirement as to one or more of such utility services.

Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by Article III of this chapter, shall be provided as approved by the Planning Board of the Borough of Hampton.

Detached single-family dwellings. Only detached single-family homes can be constructed and occupied as such in cluster developments. No other uses shall be permitted.

Open space. There shall be dedicated irrevocably for use as common open space within the cluster development, for the benefit of the residents of such development, an area or areas shown on the plan of the entire development and approved by the Planning Board.

(1)

The required minimum open space for the cluster development shall be calculated as a percentage of the tract area and shall be as follows for the different zones:

	Zone	Percentage
	RR-5	45
	R-5	65
	RR-2	25

(2)

In calculations for density, open space, etc., the area of the tract shall be used. Such area shall be based upon a certified property survey prepared by a land surveyor licensed to practice in the State of New Jersey and shall exclude areas for existing road rights-of-way and aerial utility line easements.

(3)

As part of the minimum open space described in Subsection G(1) above, there shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of five acres of well-drained, reasonably level land suitable for recreation and/or horticultural use. The Planning Board may require that the open space be improved for recreational purposes by the installation of facilities and/or equipment, such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. Use of open space for horticultural purposes is encouraged in addition to recreational use.

[Amended 8-13-1984]

(4)

Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon prior to final subdivision plat approval of any section of the cluster development.

(5)

Each additional unit of common open space shall contain an area of at least two acres and shall have a reasonable access strip at least 25 feet in width, with frontage on a street.

(6)

All land to be devoted to common open space shall be reasonably usable for the purpose proposed. Undrained swampland or land with a slope in excess of 8% or other peculiar topographic characteristics which cannot be reasonably used for any recreational or horticulture purposes shall not qualify for inclusion in common open space, nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties.

(7)

All or part of such common open space may be offered for dedication to the Borough, but the Borough shall not be obligated to accept the same. All common open space not accepted by the Borough shall be conveyed irrevocably to a duly incorporated property owners' association (in which the owners of each lot in the cluster development shall be entitled to vote on the basis of lot ownership), which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same, as well as any improvements thereon, and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.

(8)

The deed of conveyance of such common open space to the property owners' association shall contain restrictive convenants limiting such land to the common use of the homeowners or tenants within the cluster development, for the purposes (not inconsistent with those initially approved) which the Planning Board might subsequently approve at the request of the property owners' association. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the municipality. If the land is refused by the Borough governing body, it shall then be offered to another Borough agency or any other governmental agency.

(9)

Prior to the sale of any lots within the cluster development, the developer shall execute and record a declaration of convenants and restrictions (after approval thereof by the attorney for the Planning Board as to form and by the Planning Board as to adequacy) by the terms of which all lands within the cluster development the owners thereof shall at all times be bound to an annual assessment, according to an equitable formula based upon lot ownership, to meet the expenses of maintaining the common open space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners' association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners' association. The declaration of covenants and restrictions shall also make the Borough of Hampton a party thereto, granting to the municipality express power to compel the association to perform its obligations relative to the maintenance of the common open space and all facilities thereon, and providing that in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43, shall cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition the municipality, in the event of failure of the association to maintain the common open space in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain said common space from year to year and to charge the cost ratably against each and every lot in the development for its proportionate share. Such charge shall be a tax lien upon such properties, payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners' association and providing for a lien therefor upon the lot until paid.

(10)

Certified copies of the certificate of incorporation of the property owners' association, its bylaws and the declaration of covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents that affect the title and/or the implementation of the administration of the common open space within the cluster development, shall be submitted to the Planning Board for approval and filed with the Borough Clerk prior to final plat approval of the first section of the cluster development by the Planning Board. The declaration of covenants and restrictions and any general declaration restricting the use, area and yard requirements of the individual lots shall be recorded in the office of the County Clerk.

(11)

The implementation of a cluster development shall be planned so as to coordinate the improvement of common open space and recreation uses and the construction of dwelling units, so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Borough Engineer shall, prior to final plat approval of each section of the cluster development, review said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved plan, then he shall report such fact to the Planning Board, which may not approve the final plat.