A. 
Primary uses. No building or premises shall be used, erected or altered except for the following uses:
(1) 
One single-family detached dwelling on a single lot.
(2) 
On gross development site areas of 25 acres or more, a planned residential neighborhood.
(3) 
On gross development site areas of 25 acres or more, a residential cluster.[1]
[1]
Editor's Note: Former Subsection A(4), regarding farms, truck gardens, etc., which immediately followed this subsection, was repealed 12-27-2000 by Ord. No. 7-00.
B. 
Accessory use regulations are the same as those in the R-2 Residence Zone, except that boarding or rooming house uses shall not be permitted.
[Amended 10-3-1994 by Ord. No. 7-94]
For lots with a primary use other than as a planned development, the dimensional limitations shall be those set forth in Article XXIV for the R-1 Zone. For areas to be used for a planned development, the applicant shall submit a preliminary site plan application (which shall be subject to final site plan approval), which may be accompanied by a preliminary subdivision application if subdivision is required (subject to final subdivision approval). The preliminary site plan shall show, in addition to the details required as set forth in Part 2, Development Review, compliance with the following dimensional limitations:
A. 
Minimum gross development site area: 25 acres.
B. 
Maximum residential density: four dwelling units per acre of gross development site area.
C. 
Minimum common open space for active recreation: 20% of the gross development site area.
D. 
Minimum diameter of circle which shall be inscribed in the open space area: 350 feet.
E. 
Minimum net residential lot area:
(1) 
Single lot in planned residential neighborhood: 11,000 square feet.
(2) 
Single lot in residential cluster: 8,700 square feet.
F. 
Minimum lot frontage:
(1) 
Single lot in planned residential neighborhood: 85 feet.
(2) 
Single lot in residential cluster: 75 feet.
(3) 
Townhouse lot in planned residential neighborhood: 20 feet.
G. 
Maximum floor area ratio of gross development site area: 20%.
H. 
Maximum floor area ratio of net residential site area: 27%.
I. 
Maximum height of buildings and structures:
(1) 
Maximum height of main buildings: 35 feet and not more than 2 1/2 stories.
(2) 
Maximum height of accessory buildings and structures: 25 feet.
J. 
Minimum square feet in dwelling unit.
[Amended 2-8-1999 by Ord. No. 1-99]
Number of Bedrooms
Minimum Total Minimum Net Habitable Floor Area
(square feet)
Minimum Total Floor Area in Multifamily Dwelling
(square feet)
Floor Area in Single-Family Detached Dwelling
(square feet)
1
600
660
720
2
900
990
1,080
3
1,200
1,320
1,440
4
1,600
1,760
1,920
5
2,000
2,200
2,400
NOTES:
The following notes apply only to the above chart (§ 225-156J):
Note 1:
Net habitable floor area includes the finished and heated area of a dwelling unit that is fully enclosed by the inside surfaces of walls, windows, doors and partitions, and has a headroom of at least 6 1/2 feet, including working, living, eating, cooking, sleeping and related household spaces on living or working floors, such as hallways, vertical circulation, service and storage, but excluding garages, carports, parking spaces and unfinished attics, basements and cellars.
Note 2:
In addition to net habitable floor area, minimum total floor area includes, but is not limited to, areas for utilities, recreation and dead storage space, but excludes parking. This related space may be located either adjacent to habitable floor area or in basements, attics or accessory buildings adequately equipped for the intended purpose, and within 100 feet of the dwelling unit served.
K. 
Minimum bedroom size, exclusive of closet: 150 square feet.
L. 
Maximum length of any building: 160 feet.
M. 
Minimum setback between the line of a lot occupied by a single-family detached dwelling existing at the time of filing the site plan application and the nearest building in a planned development: 75 feet.
N. 
Minimum setback for a single-family detached dwelling from the road line and from the boundary line of an adjoining tract of a planned development: 25 feet.
O. 
Except as provided in Subsection M above, the minimum setback from the side line: 10 feet.
P. 
Except as provided in Subsection M above, the minimum setback from the rear line: 20 feet.
A. 
The following design standards shall apply to all dwellings and lots in a planned development:
(1) 
All accessory buildings on a lot shall be included in the calculation of floor area ratio and subject to all other dimensional limitations of § 225-156.
(2) 
Off-street parking of automobiles and other vehicles belonging to the owner or tenant of the premises is permitted, provided that:
(a) 
No boat or commercial vehicle may be parked in the front yard.
(b) 
Any boat or commercial vehicle exceeding seven feet by seven feet by 20 feet shall be concealed from public view by a permanent structure.
(c) 
Signs on any boat or commercial vehicle may not exceed two square feet.
(3) 
Pedestrian and bicycle circulation shall be provided, either separately or together in the discretion of the Board, and shall be separated from vehicular circulation, either in a separate right-of-way or by curbing, grass strips, planting or other protective barriers.
(4) 
Fences and walls not over seven feet in height may be erected anywhere on a lot. A chain-link or other secure-type of fencing shall, in the discretion of the Board, be provided on all or part of the perimeter of a planned residential neighborhood or residential cluster.
(5) 
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to assure the safe and convenient use of these facilities. Fixtures shall be placed and designed in keeping with the character of the project and be adequately shaded to screen the windows of dwelling units, both on and off the site, from the direct rays of light from the fixtures. Exterior lighting shall not create glare and shall be only white in color. No flashing, intermittent or moving lights shall be permitted. No bare bulb, tube or highly reflective surface shall be visible from any window or from any point on the public right-of-way. See § 225-85 of this chapter for further standards.
[Amended 4-10-1989 by Ord. No. 4-89]
(6) 
Air-conditioning equipment in excess of 25,000 BTUs per hour shall be screened for aesthetic and acoustical purposes. No other sound, except that normally incidental to family living or other permitted uses or property maintenance, shall be audible across a property line, as required by Chapter 258 of this Code.
[Amended 4-10-1989 by Ord. No. 4-89]
(7) 
All solid trash storage and disposal facilities shall be screened from public view.
[Amended 4-10-1989 by Ord. No. 4-89]
(8) 
All outside areas and equipment for the hanging of laundry or the outside airing of laundry shall be screened from public view.
[Amended 4-10-1989 by Ord. No. 4-89]
(9) 
All utilities except high-voltage electric primaries over 30,000 volts shall be installed underground. Such primaries may be on poles, but, if so, wires shall be placed in a vertical plane, one above the other, without cross arms, and transformers must be either at grade or underground. Such lines shall be located in easements at rear property lines with road crossings kept as few and as close to right angles as possible.
[Amended 4-10-1989 by Ord. No. 4-89]
(10) 
Roads and other utilities shall be as specified in Article XV of this chapter.
(11) 
Natural features.
[Amended 4-10-1989 by Ord. No. 4-89]
(a) 
To the fullest extent feasible, existing natural features shall be preserved.
(b) 
No permanent or intermittent natural watercourse or spring shall be relocated or interfered with.
(c) 
No structure shall be located within 50 feet of the center line of a stream.
(d) 
No natural vegetation shall be disturbed except in accordance with a site plan approved by the Board, which shall specify the maximum area within which clearing is proposed.
(e) 
On a sloping site, buildings should be placed on the highest possible elevation to enjoy the best light and view, and existing tree growth and rock outcrops should be preserved.
B. 
The following design standards shall apply only to planned residential neighborhoods and residential clusters:
(1) 
In a planned residential neighborhood, floor areas shall be used in a variety (as approved by the Board) of the following dwelling types or sizes: single-family detached dwellings; residential clusters of single lots for single-family detached dwellings; twin houses and townhouses, provided that, in all planned residential neighborhoods, there shall be single-family detached dwellings. The distribution of dwelling units by size in a planned residential neighborhood may conform to the following table, or any modification thereof, provided that the average number of bedrooms per unit is not less than 2.3 nor more than 2.5:
Distribution
(percent)
Size of Dwelling
(number of bedrooms)
Building Type
25% to 30%
1
1-story townhouses, 2-story walk-ups
25% to 30%
2
Townhouses, detached single- family dwellings
25% to 20%
3
Townhouses, twin houses or detached single-family dwellings
25% to 20%
4 or more
Detached single-family dwellings only
(2) 
In a planned residential neighborhood, the aggregate floor area, together with all required parking spaces not under a roof, permitted on the total tract may be concentrated on portions of the tract (the net residential site area) so as to provide permanent open space on the remainder of the tract.
[Amended 2-8-1999 by Ord. No. 1-99]
(3) 
In a residential cluster of single lots for single-family detached dwellings, the lots may be reduced in size as shown in the dimensional limitations, but the permitted floor area, together with all required parking spaces not under a roof, shall remain the same as if the lots were not reduced in size and the number of lots may not exceed that shown to be permissible in a conventional plan by a trial sketch layout that must be submitted at the time of the filing of the application.
[Amended 2-8-1999 by Ord. No. 1-99]
(4) 
Wherever appropriate to the intended uses, the site plan of the tract shall divide such uses into visually small groups by such features as quadrangles, loops, cul-de-sacs and courts. Efforts shall be made to have abutting structures within and without the zone of a similar scale and type. However, to enhance the variety and attractiveness of the development, monotonous repetition of elements shall be avoided. To avoid a view of more than three identical structures from any single point on a road, the use of curved roads, a variety of architectural design and variable landscape layout, garden walls and gates may be required. In townhouse buildings, no more than four units shall be in a straight line, and no more than eight units shall be contiguous. The planes of other straight facades shall be no more than 80 feet in length without at least a four-foot break.
(5) 
Privacy within structures having more than one dwelling unit of two or more bedrooms shall be protected by the following provisions:
(a) 
Every unit must have direct access to the ground without sharing a hallway, stairway, elevator or fire escape with another unit.
(b) 
No unit or portion thereof may be placed above another unit or portion thereof.
(c) 
Lateral sound protection between units shall be provided by construction of a sound transmission barrier at least equivalent to that of an eight-inch solid masonry wall.
(d) 
No window shall be visible from another in a different structure at a distance of less than 20 feet, and no bedroom or living room windows of one unit may look into those of another unit a distance of less than 60 feet.
(6) 
When buildings are too close to each other, or too high, or when a wing of the same building is too close to a window, the amount of light and natural ventilation is curtailed. Light and air shall be furnished to windows in living rooms and bedrooms in accordance with the following schedule of minimum sky exposure, light and air, and all other requirements of said schedule shall be met:
(a) 
Minimum window area shall be required in every living or sleeping room equal to at least 10% of the floor area of such room.
(b) 
Each window shall be provided with natural light and ventilation as follows: consider the center of the window sill as the center of a one-hundred-eighty-degree arc swung horizontally outward from the plane face of the wall; within the middle 60° of this one-hundred-eighty-degree arc, no obstruction (facing the building or part thereof or a wing or court wall of the same building) may be higher above the window sill at any point than 1/2 its horizontal distance from the window sill. These provisions do not apply to overhanging eaves or canopies on the same wall as the window. They also do not apply to second windows in a room, nor to the excess area of windows beyond the minimum required 10% of the floor area.
(7) 
Every dwelling shall be attached to a public sanitary sewer and water system.
(8) 
One parking space, indoor or outdoor, 10 feet by 20 feet, shall be provided for each bedroom and included as 200 square feet each in floor area ratio computations. Driveway space may be used to satisfy the parking space requirement. Parking space must be graded, accessible and dust-free but need not be paved. No more than 50% of the required parking spaces shall be paved, unless the Board is satisfied with the applicant's showing of a need to pave additional spaces. All parking areas for six or more cars shall be concealed from public view by permanent structures, such as masonry garden walls, landscaped earth berms or green chain link fences screened by suitable landscaping of such height as to ensure that cars parked therein will not be visible from nearby public roads and walks of residences existing at the time of the application. Garages permitted in basement areas beneath two-story dwelling units shall not be considered a third story.
(9) 
The Board in site plan review may allow for an increase of 15% in the concentration of density, or intensity of land use, within one or more sections of the development, whether it be earlier, later or simultaneous in the development, than in others. The Board shall require that a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by grant of easement or by covenant in favor of the Township; provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for final approval is filed, so that flexibility of development can be maintained.
(10) 
The Board shall establish reasonable and orderly timing schedules on the sequence, type and number of units that may be constructed annually as part of any planned residential neighborhood or residential cluster. The timing schedules shall be related to the availability of utilities, housing demand, and the adequacy of municipal facilities, including schools, to absorb residents and traffic loads and similar planning objectives. The timing of construction of recreational uses before, after or at the same time as the residential uses shall also be fixed. If the development will be constructed over a period of years, the Board shall be satisfied as to the sufficiency of the terms and conditions intended to protect the interests of the public and the residents and owners of the proposed development with respect to the total completion of the development. The Board may require performance and maintenance guaranties to ensure adherence to construction schedules and plans.
C. 
In addition, all of the design standards set forth in Article XVI of this chapter are hereby incorporated by reference and must be complied with. Should there be any conflict, however, between the design standards set forth in this § 225-157 and those set forth in Article XVI, the standards of the former, and not the latter, shall control.
[Added 8-10-1992 by Ord. No. 4-92]
A. 
The preliminary site plan shall show the size, shape and location of any open space to be set aside for the use and benefit of the residents of a planned development pursuant to N.J.S.A. 40:55D-43.
B. 
Design standards.
(1) 
Unless, by reason of the size, location, configuration or topographical features of the tract to be developed, the Board requires otherwise, common open space shall be provided in a single parcel or parcels of not less than 20% of the gross development site area and in no event less than five acres each, with a diameter of an inscribed circle of at least 350 linear feet, and usable for active recreation, which shall mean that such area shall be graded not more than 3% and seeded. Recreation facilities shall be located in an area which will not be detrimental to adjacent property owners or residents by virtue of noise, light, glare or any other objectionable features emanating from such a facility.
(2) 
The areas for detention basins and other drainage control devices for varying water levels do not qualify as open space for active recreational use. Parts of the gross site area having slopes in excess of 20% or chronically wet marshland of ecological value shall be included in the common open space for passive or conservation purposes but shall also not qualify as the required open space for active recreational use.
(3) 
Common open space for active recreation may be used for farming and agriculture uses or may be improved with facilities for outdoor sports consistent with the residential character of the neighborhood, such as, but not limited to, tennis, golf, baseball, soccer, bicycling, walking paths and the like, and accessory buildings, such as pavilions and clubhouses. Any such buildings shall be included with all other buildings in the development in determining whether the development in its entirety complies with the applicable floor area ratio. Part of the active recreation site may also be a lake or a pond having a substantially constant water level.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Common open space may be required to be consolidated or linked with open space in adjacent tracts in different ownerships by filing deed restrictions running with the land.
(5) 
All improvements of the common open space(s) as shown on the approved site plan, including recreational facilities, buildings and landscaping, shall be completed before a certificate of occupancy will be granted for related dwelling units in a particular section.
(6) 
In addition, all of the design standards set forth in Article XVI are hereby incorporated by reference and must be complied with. Should there be any conflict, however, between the design standards set forth in this Subsection B and those set forth in Article XVI, the standards of the former, and not the latter, shall control.
[Added 8-10-1992 by Ord. No. 4-92]
C. 
Ownership and maintenance.
(1) 
The developer shall establish an organization for the ownership and maintenance of any common open space, private roads and off-street parking spaces for the benefit of owners and residents of the development. Such open space and other property shall be held in perpetuity by the organization subject to an open space easement, and the developer shall reserve the right to construct necessary and appropriate structures and facilities for active recreational or agricultural purposes for the benefit of the owners of the lots in such tract. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without obtaining the unanimous consent of the members of the organization and also without offering to dedicate the same to the Township. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty in an amount to be fixed by the Township Engineer for such maintenance for a period of two years after the date of acceptance of all public roads in the development.
(2) 
In the event that the organization shall fail to maintain such open space in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon which shall be held within 15 days after the date of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township Committee, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the Township Committee, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the Township shall not, at the discretion of the Township Committee, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain such open space in reasonable condition, the Township shall cease to maintain such open space at the end of said year. If the Township Committee shall determine that such organization is not ready and able to maintain such open space in a reasonable condition, the Township may, in its discretion, continue to maintain such open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.
(3) 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of the imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same offices and in the same manner as other taxes.
(4) 
It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, private roads, loading and unloading areas, driveways, aisles, sidewalks and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards and obstructions. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the Township Committee may authorize repairs to be made at the owner's expense if, in the Township Committee's opinion, conditions constitute a hazard to the safety and welfare of Township residents and visitors.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
All documents pertaining to any neighborhood association responsible for maintaining common open space shall be subject to review by the Township Attorney, countersigned by the Chairman of the Board and the Mayor, and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.
Prior to approval of any planned development, the Board shall find the following facts and make the following conclusions:
A. 
Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c.
B. 
The proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
C. 
Provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
D. 
The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. 
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
F. 
Reports have been received from the appropriate Township officials, agencies and departments.
G. 
The proposed sanitary public sewer system and other utilities are adequate.
H. 
The proposed means to accomplish proper drainage are adequate.