N.J. Admin. Code § 7:50-5.19

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-5.19 - Cluster development

(a) Clustering of residential development on parcels located within the Regional Growth Areas is encouraged, provided that the densities established in the certified municipal ordinance are not exceeded and that the development otherwise conforms to the standards of this Plan.

(b) Clustering of residential development on parcels located within more than one Pinelands management area may be permitted, provided that:

1. The parcel in question is contiguous;

2. The portion of the parcel to be developed is located within the management area with the highest assigned residential density;

3. The amount of the development proposed does not exceed that which would be permitted separately in each management area as determined by application of the standards contained in this subchapter and in 7:50-6.84;

4. The minimum lot area requirements of the management area in which the portion of the parcel to be developed is located are met; and

5. If any portion of the parcel is located within the Regional Growth Area, opportunities for the use of Pinelands Development Credits established pursuant to 7:50-5.28(a)3 are not reduced as a result of the cluster development.

(c) Clustering of residential development on parcels located within the Forest Areas and Rural Development Areas shall be required whenever two or more units are proposed as part of a residential development, except in cases where such development:

1. Conflicts with the provisions of a development transfer program established pursuant to 7:50-5.30;

2. Is inconsistent with the standards of N.J.A.C. 7:50-6; or

3. Disrupts the contiguity of the forest ecosystem to a greater degree than non-clustered development.

(d) The following standards shall apply to the clustering of residential development within the Forest Areas and Rural Development Areas:

1. 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 permitted density of the zoning district(s) in which the parcel is located, with a bonus applied in accordance with the following chart. If the parcel is located in more than one municipal zoning district, separate residential lot calculations for each zoning district shall be summed to determine the total number of residential lots to be clustered.

FOREST AND RURAL DEVELOPMENT AREA CLUSTERING BONUS
Parcel Size	Permitted Residential Density
3.2-4.99	5.0-9.99	10-24.99	>/=25 acres
acres per unit	acres per unit	acres per unit	per unit
<50 acres	0	0	0	0
50-99.99 acres	+10 percent	+15 percent	+20 percent	+25 percent
100-149.99	+15 percent	+20 percent	+25 percent	+30 percent
acres
>/=150 acres	+20%	+25%	+30%	+40%

2. The residential cluster shall be located on the parcel such that the development area:

i. Is located proximate to existing roads;

ii. Is located proximate to existing developed sites on adjacent or nearby parcels;

iii. Is or will be appropriately buffered from adjoining or nearby non-residential land uses; and

iv. Conforms with the minimum standards of N.J.A.C. 7:50-6, with the exception of 7:50-6.104.

3. Development within the residential cluster shall be designed as follows:

i. Residential lots should be one 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;

ii. Individual on-site septic waste water treatment systems in accordance with 7:50-6.84(a)4 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 (d)5 below, individual on-site septic waste water treatment systems shall comply with the standards of 7:50-6.84(a)5 or 10.21 through 10.23. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of 7:50-6.84(a)5 or 10.21 through 10.23 shall also be permitted;

iii. The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, streets, stormwater management facilities, solar energy facilities and recreation amenities; and

iv. Permitted recreation amenities shall be specified in the municipal ordinance but in no case may they occupy more than one-half acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

4. Except as otherwise provided in (d)5 below, the balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a non profit conservation organization, the municipality or incorporated as part of one of the lots within the cluster development area.

i. All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of the residents of the cluster development and, if provided by municipal ordinance, the municipality or another public agency or non profit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

ii. Such deed of conservation restriction shall permit the land to be managed for low intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than one percent 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 this Plan, including any municipal ordinance certified pursuant thereto.

5. Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

i. 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 50 percent;

ii. 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 years prior to submission of an application for cluster development pursuant to N.J.A.C. 7:50-4;

iii. For those agricultural uses established after April 6, 2009 which do not meet the standards of (d)5ii above, the deed of restriction shall permit the land to be managed only in accordance with (d)4 above and shall not provide for continuation of any agricultural use on the parcel;

iv. In lieu of the provisions of (d)4 above, the deed of restriction to be recorded pursuant to (d)5i or ii above may be in favor of a county or the State Agriculture Development Committee. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission;

v. The deed of restriction to be recorded pursuant to (d)5i or ii above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, the Resource Management System Plan must be approved by the Pinelands Commission and, if the deed of restriction is in favor of the county or the State Agriculture Development Committee, by such agency; and

vi. For parcels which meet the standards of (d)5i or ii above, a provision is 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.

N.J. Admin. Code § 7:50-5.19

New Rule, R.1994 d.590, effective 12/5/1994.
See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a).
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
In (a), deleted "and Rural Development Areas" preceding "Regional Growth Areas"; and added (c) and (d).
Amended by R.2012 d.012, effective 1/3/2012.
See: 43 N.J.R. 928(a), 44 N.J.R. 72(a).
In (d)3iii, inserted ", solar energy facilities".