Using New Jersey's updated cluster development law to preserve famland, open/recreational space, or historic structures.

1. Successfully Accomplishing
Preservation Goals
through
Non-Contiguous Cluster
(NCC)
Fox Parcel, Kingwood Township, Hunterdon County
Courtesy of NJ Green Acres Program

2. Main “Preservation” Provisions

NCC can be used to preserve agricultural land,
open space or historic sites

3. Main “Preservation” Provisions

NCC can be used to preserve agricultural land,
open space or historic sites

Results in permanent preservation of resources

4. Main “Preservation” Provisions

NCC can be used to preserve agricultural land,
open space or historic sites

Results in permanent preservation of resources

Use of recorded deed restrictions on preservation
area parcels (run with the land)

5. Main “Preservation” Provisions

NCC can be used to preserve agricultural land,
open space or historic sites

Results in permanent preservation of resources

Use of recorded deed restrictions on preservation
area parcels (run with the land)

Preserved land may be privately owned; and can be
sold to new owners in the future (does not have to
be owned by public entity or homeowners association)

6. Main “Preservation” Provisions

NCC can be used to preserve agricultural land,
open space or historic sites

Results in permanent preservation of resources

Use of recorded deed restrictions on preservation
area parcels (run with the land)

Preserved land may be privately owned; and can be
sold to new owners in the future (does not have to
be owned by public entity or homeowners association)

State of NJ, in addition to municipality, has the right of
enforcement

7. Successfully Accomplishing
Preservation Goals

Moving beyond generic goal of
“Stopping development”

8. Successfully Accomplishing
Preservation Goals

Moving beyond generic goal of
“Stopping development”

Getting VERY clear on preservation
goals – what resources are being
protected and why?

9. Successfully Accomplishing
Preservation Goals

Moving beyond generic goal of
“Stopping development”

Getting VERY clear on preservation
goals – what resources are being
protected and why?

Identifying and prioritizing
Preservation Area lands to
match conservation goals

10. Agricultural Restriction Details

Municipalities “shall” use agricultural
restrictions template provided by
SADC, or

Obtain SADC approval of alternate
restrictions consistent with ARDA
(N.J.S.A. 4:1C-13)

Municipality must have RTF
ordinance

Ag lands preserved via cluster eligible
for RTF benefits

11. Open Space and Historic Sites
Restriction Details

Open Space restriction “may” be same as
template provided by DEP.

Historic restriction “may” be template provided by
NJ Historic Trust “or” approved by the Trust.

Both open space and historic conservation
restrictions must be consistent with “NJ
Conservation Restriction and Historic Preservation
Restriction Act” of 1979 (N.J.S.A. 13:8B-2).

12. Prioritizing Conservation Goals

Farmland
- Agricultural soil quality
- Farm infrastructure
- “Targeted” farm status?
- Proximity to other farms
- Development pressure

- Farm size
- “Hole in the donut”?
- Other
Open Space
- Forests, woodlands
- Recreation
- Stream corridors, wetlands - Open space plans
- Habitat
- Aquifer recharge

Historic Sites
Taking Flight / Long Pond Ironworks State Park,
West Milford / Alan Babbitt

13. Sample Community

16. Growth Area Capacity

24. Summary




NCC can be effective tool to augment existing
preservation efforts
Identifying development capacity of growth
areas critical
Prioritize preservation opportunities –
BE STRATEGIC!
Seek help from state agencies!

25. For more information:
State Agriculture Development Committee
(www.state.nj.us/agriculture/sadc.htm)
Email: sadc@ag.state.nj.us
Phone: 609 - 984 - 2504
New Jersey Historic Trust
(www.njht.org/dca/njht/)
Email: njht@dca.state.nj.us
Phone: 609 - 984 - 0473
New Jersey Dept. of Environmental Protection
Division of Land Use Management
(http://www.nj.gov/dep/lum/)
Phone: 609 – 292 - 2178