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13-401A.7 Lot Size Averaging.
a. Purpose. The purpose of this subsection is to provide an alternative and innovative design technique which promotes the goals of this subsection and the master plan to a greater degree than a conventional subdivision. The overall planning for a tract may better respond to the intent and purpose of this subsection if flexibility in the design of a subdivision is permitted. In particular, the resource protection goals and objectives included in the master plan, and the goal of maintaining large, contiguous open areas, may be better addressed if some modification of the minimum lot size requirement is allowed, provided the overall intensity of permitted development is consistent with that which would result from conventional development of ten (10) acre lots.
b. Maximum Permitted Number of Lots. The lot size averaging subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots of at least ten (10) acres. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a concept plan of a conforming conventional subdivision layout. The conforming concept plan shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted concept plan shall be the maximum number of lots permitted under lot size averaging.
c. Design Criteria. Lot size averaging shall be permitted when the Planning Board determines that the goals and objectives of the Master Plan and the Land Development Ordinance are better served by the lot size averaging plan than by a conventional plan. The applicant shall clearly demonstrate to the Board that the lot size averaging plan is preferable to the conventional plan in the achievement of the goals, objectives and purposes of this subsection and the Bedminster Township Master Plan. Factors to be considered in this demonstration include, but are not limited to, stream corridor and wetlands preservation, steep slope protection, agricultural retention, overall site design, reduction in impervious coverage, traffic circulation, and the site's natural features, topography, and relationship to open spaces on neighboring parcels.
Planning Board approval of a lot averaging subdivision shall be granted when the applicant demonstrates that the lot averaging design better promotes the objectives of the Bedminster Township Master Plan than would a conventional ten (10) acre lot subdivision. In this regard, specific attention shall be paid to the ability of the lot averaging plan to promote the strategies advocated in the Conservation Plan Element (i.e. - farmland retention, stream corridor protection, conservation of scenic vistas and features, etc.).
d. Minimum Lot Area. The minimum lot area may be reduced to six (6) acres provided that the average lot area throughout the development shall be at least ten (10) acres, and, in any event, shall result in no greater number of lots than could be approved under a conforming ten (10) acre lot arrangement.
e. Distribution of Lot Sizes. For each lot that is proposed to be smaller than ten (10) acres, one (1) or more lots larger than ten (10) acres shall be provided.
f. Deed Restrictions. All lots larger than ten (10) acres which are part of a lot averaging plan shall be permanently deed restricted from further subdivision in the future, other than use for either agriculture or a combination of agriculture and one (1) dwelling unit. When only a portion of a tract is to be developed in a lot averaging plan, deed restrictions against further subdivision shall not be required for the entire tract but rather only for the portion of the tract devoted to the lot averaging plan. (Ord. #95-25, §1; Ord. #97-43, 1)