December 10, 2013

Made possible with generous support fromThe Bunbury Company

Noncontiguous ClusteringTaking Advantage

of the New and Improved ToolInsights for Planners and Land Use Attorneys

And our Partners:New Jersey Department of Agriculture │ New Jersey Association of Counties

Delaware Valley Regional Planning Commission │ Association of New Jersey Environmental Commissions New Jersey County Planners Association │ New Jersey Farm Bureau │ New Jersey Planning Officials

Stony Brook-Millstone Watershed Association │ Sustainable Jersey │ Together North Jersey

About New Jersey Future

Smart Growth research, policy and advocacy

www.njfuture.org

Today’s Agenda & Speakers

1. Introductions and Review of the Basics Chris Sturm, New Jersey Future

2. What’s Changed in the Municipal Land Use Law William F. Harrison, Partner, Genova, Burns Giantomasi Webster

3. Implementation by Municipalities Phil Caton PP FAICP, Principal-in-Charge, Clarke, Caton, Hintz LLC James E. Hartling, Founding Partner, Urban Partners

4. Successfully Accomplishing Preservation Goals Susan Payne, Director, State Agriculture Development Committee

5. Resources for Municipalities Chris Sturm, New Jersey Future

6. Question and Answer Period

A few “housekeeping” details

• All phone lines are muted. Anyone trying to listen over the web who has difficulty should dial in

• To ask questions, please type them in using the “chat box” on the lower left of your screen

• If you are having technical problems, call 732-742-6713• A follow-up email will provide links to today’s

presentations, a recording of the webinar, and other resources

AICP-CM Law and CLE Credits

• 1.5 AICP-CM law credits• 1.8 CLE credits for New Jersey– Email mjann@njfuture.org if you would like a

Certificate of Attendance, which we will send by December 20th

Conventional Development

• “Large Lot Zoning”• Uniform Lot Sizes• Development covers

most, or all, of the site

Lot Size Averaging

• Same number of units• Lot sizes may be varied• Goal is to create a

private lot that is large enough to support a small farm or open space

Contiguous Cluster Development

• Development is concentrated on a portion of the site

• Remaining land is permanently preserved as open space or farmland

Noncontiguous Cluster Development

Two or more non-adjacent parcels are treated as a single site for the purpose of clustering.

What does it do?

Puts development where it makes the most sense

Achieves preservation using private funds

How does noncontiguous clustering work?

• Municipality designates areas that are eligible for growth and preservation under noncontiguous cluster.

• Permissive! Underlying zoning remains in place, so landowners have the option to participate

• “Deal” between landowner and developer

Implementation in New Jersey

Ten towns with ordinances: • Delaware• Hillsborough*• Hopewell• Middle• Monroe*• Mt. Olive*• North Hanover• Ocean• Plainsboro*• Robbinsville** Five towns with noncontiguous cluster developments

New and Improved Authorization

• Municipal need for improved planning tools

• Legal challenges create need for clearer municipal authority

• “Cluster Development Law” (P.L. 2013, c. 106) signed in August 2013

Other Preservation Tools

• Acquisition– Pro: Full preservation– Con: Very Expensive

• Contiguous clustering– Useful on a single parcel

• Transfer of development rights– Pro: More control– Con: Greater costs/regulation

Clarke Caton Hintz Photo

When is Noncontiguous Clustering right for you?

Pro:• Encourages compact

growth• Facilitates preservation

at little to no public cost

• Requires modest investment by municipality to amend master plan and zoning ordinance

Con:• Limited control over outcomes• Depends upon voluntary

participation• May need to offer incentives

such as a density bonus

Clarke Caton Hintz Photo