Township of Winslow, NJ Article XIIIA Residential Cluster Development

[Adopted 7-19-11 as Ord. No. O-2011-017]

§ 296-65.1 Residential Cluster Development in the PRC, PR-1 and PR-5 Districts.

A. In the PRC, PR-1 and PR-5 Districts, clustering of single-family detached dwellings shall be required whenever two (2) or more units are proposed as part of a residential development. The following standards shall apply:

(1) Permitted density:

(a) In the PR-1 and PR-5 Districts: one (1) unit per 3.2 acres; and

(b) In the PRC District: one (1) unit per twenty-seven (27) acres.

(2) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A(1) above, with a bonus applied as follows:

Parcel Size	PR-1 and PR-5 Districts	PRC District
<50 acres	0	0
50-99.99 acres	10%	25%
100-149.99 acres	15%	30%
>150 acres	20%	40%

(3) The residential cluster shall be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d) Conforms with the minimum environmental standards of Article XV.

(4) Development within the residential cluster shall be designed as follows:

(a) Residential lots shall be one (1) acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b) The minimum yard and bulk requirements specified in Schedule 2 for residential development in the PR-1 Zoning District shall apply;

(c) Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of Section 218-4B may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(5)(b)[2] below, individual on-site septic waste water treatment systems shall comply with the standards of Sections 218-4C or D. Community on-site waste water treatment systems serving two (2) or more residential dwelling units which meet the standards of Sections 218-4C or D shall also be permitted;

(d) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than one-half (1/2) acre of land or the equivalent of one (1) acre of land for every twenty-five (25) residential lots, whichever is greater.

(5) The balance of the parcel located outside of the residential cluster development shall be incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of the State Agricultural Committee, Camden County or another public agency or non-profit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for:

[1] Low intensity recreation, ecological management and forestry, provided that no more than five percent (5%) of the land may be cleared, no more than one percent (1%) of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 296;

[2] Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to fifty percent (50%);

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five (5) years prior to submission of an application for cluster development;

[c] For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsections [2][a] or [b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection [1] above and shall not provide for continuation of any agricultural use on the parcel;

[d] The deed of restriction to be recorded pursuant to Subsections [2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent (3%), whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Camden County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e] For parcels which meet the standards of Subsections [2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.