Zone changes would allow clustering, adult housing

Staff Writer

By vincent todaro

Zone changes would allow
clustering, adult housing

EAST BRUNSWICK — A proposed ordinance the Township Council hopes to use in its defense against a lawsuit would allow for higher-density uses in a new rural preservation zone.

The council introduced the amended ordinance at its meeting Monday. It proposes a new rural preservation zone that would allow retirement communities, as well as an option to cluster homes together for property owners who seek to develop parcels of at least 7 acres.

The changes came as a result of complaints from residents, as well as suggestions form the township’s planners, according to Mayor William Neary.

The ordinance also comes after a lawsuit was filed against the township by numerous landowners who took issue with the original ordinance. When the lawsuit was filed against the township, a state Superior Court judge granted an injunction stopping the council from enforcing the original ordinance, which was adopted some time ago. The township has since met with a court-appointed mediator, along with the plaintiffs, "to see if there is anything lacking in our plan," Neary said.

The township is still preparing for trial.

The original ordinance was drawn up in 1998 after the council revisited its master plan and decided to change a number of density requirements in the township’s zoning.

"The changes were made to reduce development potential," Neary said. "We’re trying to preserve our environment and our future from overdevelopment."

The original changes included reducing the density allowed in rural preservation zones, as well as an area targeted by developers for modular homes. According to Neary, the previous allowances — depending on the location — were one house per 2 acres, one per acre, or seven per acre. The ordinance changed that to allow one house per 6 acres anywhere.

"It put it all into one zone that follows state guidelines," Neary said.

The area encompasses about 25 percent of the township and spans close to 5 square miles, he said. Municipal water and sewer systems do not extend into the area.

"We wanted to discourage bigger developments, so we went from a potential of 1,800 new homes to 400 new homes," he said regarding the number that could be constructed.

Those changes, however, prompted both the lawsuit and the amended ordinance.

The township has included in the amended ordinance a change that would allow for senior housing developments to be built via a cluster option. For instance, if a developer has 350 acres, it can build on 20 percent of the property so long as the remaining 280 acres are preserved as open space. The cluster option allows for houses to be built on less space than is required by the density figures, so long as the requisite amount of open space is preserved.

"We had no place in the master plan for senior housing, which is not a bad ratable," Neary said.

Another change is a cluster option for properties of 7 or more acres.

"If you agree to keep two-thirds undeveloped, you can have smaller lot sizes to put your houses on," he said. "With a piece of property you want to develop, now because open space is added, you get an additional unit or units based on how much you will leave undeveloped."

He said the number of additional units will depend upon the size of the property and amount of open space preserved.

"Our master plan is now very close to the state master plan, which is not getting the respect it should get," he said. "We’re using state guidelines and feel that is our biggest defense [against the lawsuit]."

Residents at the meeting said they want to examine the amended ordinance before commenting on it.

The council voted unanimously to introduce the ordinance, except for Councilwoman Meryle Asaro who said she was abstaining on the advice of the township attorney. She said she felt she should be allowed to vote on second reading, however.

The public hearing is scheduled for the Aug. 27 meeting.