How Delaware Township introduced and passed a non-contiguous clustering ordinance.

1. Delaware Township
The Process of Adopting a
Noncontiguous Cluster Option
Jim Dowd
jmdowd@comcast.net

2. Statistics
• 23,700 Acres in size (37 Sq. miles)
• 7,200 Acres preserved
• Population 4,563
(123/Sq. Mile)
• 3 and 6 acre zones
• 2 commercial centers

3. Sergeantsville

4. Rosemont

5. Preserved farms

6. Delaware Township Zoning Map

7. Infrastructure
• 1 Sewage treatment plant serving 450
users
• Total of 4 public wells serving 525 users
• Balance of population have private wells
and septic systems

8. Planning process
• Began fall of 2006 with establishment of Zoning Review
Committee (ZRC)
– 9 Member committee composed of volunteers and a few
members of the Planning Board
• The ZRC held 4 community outreach meetings through
October 2007
– Presentations were made by the SADC, Deputy Mayor of
Chesterfield Township and the State Office of Smart Growth
– A zoning issues questionnaire was provided to all attendees to
elicit public opinion
– Specific options were presented at various meetings covering
Large lot subdivisions, Hamlets, Clustering and TDR

9. Planning Process continued
• 13 public meetings conducted including:
– Board of Health
– Open Space Committee
– Seniors Group
– Delaware Township Municipal Utilities Authority
(sewage and Water)
– Historical Society
– Recreation Committee
– Board of Education
– Environmental Commission

10. Planning options evaluated
• Transfer of Development Rights (TDR)
• Hamlets
• Non-contiguous clustering
• Down zoning to uniform 6 acre lots

11. Results
• TDR rejected primarily because of
infrastructure limitations
• Hamlet and non-contiguous clustering
accepted
• Down zoning rejected by Township
committee

12. Why Non-contiguous and Hamlet
zoning accepted
• Current OS fund has been significantly
reduced through preservation efforts
• There are 1,400 acres targeted for
preservation
• The Township can fund an additional 200
acres before funding is exhausted

13. Why accepted cont’d
• The preservation process can continue
after current funds run out.
• The Township will have greater control
over the development process:
– Location of site
– Appearance of dwellings
– Location of Open Space

14. Ordinance Summary
• Adopted. October 2011
• Copy available on Township web site:
– www.delawaretwpnj.org
• Highlights:
– Cluster:
– 24 Acre minimum size
– 75 acres or less must have OS land on tract
– 75 acres or more can have off site OS (noncontiguous)
– 1.5 acre minimum lot size
– Hamlet:
– 100 acre minimum with 82% Open Space
– OS can be off site (noncontiguous)