[Amended 9-20-2000 by Ord. No. 18-00]
A.
Purposes. The purpose of the Rural Conservation District is:
(1)
To protect the valuable and environmentally sensitive areas of the Township of Jefferson from the adverse impacts of development.
(2)
To provide a regulatory mechanism through which appropriate development can occur, considering the exceptional, unique, irreplaceable and delicately balanced physical and biologically acting and interacting natural environment.
(3)
To provide an equitable, understandable development mechanism that establishes clearly definable goals and advances the public interest by balancing the aforementioned environmental interests with the rights of persons owning property in this District, through the encouragement of development of compatible land uses in order to improve the overall environment and economic basis of the area.
(4)
To recognize the legitimate aspirations of the property owners of the District and to encourage development of compatible land uses in order to improve the overall economic position of the inhabitants of the area within the framework of a comprehensive environmental design strategy which preserves the most ecologically sensitive and fragile area from inappropriate development and provides adequate environmental safeguards for the construction of any facilities in the District.
(5)
To provide for the orderly development and effective preservation of the environment of the Rural Conservation District in order to ensure that the development is regulated in a manner that is fair, efficient and effective as to those people owning property affected by this section.
B. LINKAGE MASSING
Definitions. For the purposes of this section, unless the context indicates a different meaning, the following definitions shall apply:
An open space principle whereby large open space areas are connected via appropriate linear open space. Stream corridors and ridgelines are among areas which may be used to provide linkage.
The concentration of open space in large contiguous tracts in appropriate areas.
C.
Submission requirements.
(1)
Preliminary design assessment. In addition to those items required for submission in accordance with the Township of Jefferson's preliminary major subdivision checklist, all applicants, for major subdivisions within the Rural Conservation District, must also provide a preliminary design assessment fulfilling the requirements for the preliminary design assessment checklist. The assessment shall include a graphic and narrative site feature inventory; all significant site features, including all critical areas, vistas, ridgelines, wetlands, floodplains, slopes, tree lines, stone rows, significant rock outcrops and tree masses; rare and endangered species habitat; trout maintenance and trout production streams; and any additional features uniquely affecting the site.
(2)
Wildlife management plan. In projects involving 100 or more acres, a wildlife management plan shall be submitted. This plan shall address measures taken to preserve and improve on-site wildlife habitat. Rare and endangered species habitat protection shall be addressed, if applicable.
D.
Zoning requirements.
(1)
Principal permitted uses and structures. The following uses and structures shall be permitted in the Rural Conservation District:
(a)
Detached single-family dwellings.
(b)
Farms containing a minimum of five acres. It is intended that a single-family residence may be established on the same lot used for agriculture purposes as set forth in the Township's Zoning Ordinance. In that event, a one-acre portion of the lot shall be designated for the proposed residence.
(c)
There shall be no more than one principal structure on each lot.
(d)
Parks.
(2)
Permitted accessory uses. The following accessory uses shall be permitted in the Rural Conservation District:
(4)
Bulk requirements and other conditions. The following requirements are applicable to the Rural Conservation District:
(a)
Density: The maximum permitted density shall be one unit per five acres.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum lot depth: 250 feet.
(e)
Front yard setback: 75 feet.
(f)
Side yard setback: 35 feet (each).
(g)
Rear yard setback: 100 feet.
(h)
Maximum building envelope size shall be 40% or 20,000 square feet, whichever is less.
(i)
Maximum lot improvement disturbance shall be 40,000 square feet plus 10,000 square feet for each additional whole acre. Lot improvement disturbance shall include all areas disturbed for the purpose of the construction of buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas both inside and outside of the building envelope.
(j)
Maximum total tract disturbance for public improvements, including streets and stormwater management facilities: 7% of the gross tract area. All improvements related to disturbance shall be included in the calculation, including areas of grading and vegetation removal as well as cartways and basins.
(k)
Minimum setback of building envelope from existing lakes, ponds or wetlands: 100 feet.
E.
Design standards. The following criteria shall be considered design standards pursuant to Article VI of the New Jersey Municipal Land Use Law. It is recognized that all of these standards may not be achievable on every subdivision. For this reason, each application shall be carefully considered and, where appropriate, waivers shall be granted.
(1)
Locating building envelope. These standards aim to ensure that the disturbed areas of any parcel are to the maximum extent possible not visible from municipal roads and situated so as to minimize the impact of construction on the sensitive environment and to protect the rural character of the area as set forth in the purpose of this section. The standards to be adhered to are as follows:
(2)
Clustering. In order to minimize the impact development shall have within the Rural Conservation District, clustering is strongly encouraged. The standards contained in this section shall be strictly adhered to, unless extraordinary circumstances exist. These standards shall constitute conditions of a conditional use as set forth in the New Jersey Municipal Land Use Law.
(a)
Clustering shall be permitted upon the submission of an acceptable open space management plan.
(b)
The minimum tract area for the use of the cluster option shall be 25 acres.
(c)
Minimum lot size shall be one acre.
(d)
The minimum common open space shall be 10 contiguous acres. Open space and conservation easement areas shall be designed with massing and linkages as guiding principles.
(e)
Each area of common open space shall have at least two fifteen-foot-wide pedestrian access points accessible from a public roadway.
(f)
If an open space management plan, acceptable to the Land Use Board, is not possible, then the building lots shall be increased in size to include the entire tract area and conservation easements will be used to restrict the area identified as open space on the cluster plan.
[Amended 12-18-2019 by Ord. No. 19-28]
(g)
The option as to whether a particular tract is suitable for development utilizing the cluster option shall rest with the approving agency. Any application proposing to utilize the cluster option shall first present to the approving agency a concept plan showing the alternative conventional development to assist in determining the suitability of the tract for the cluster development proposed. The approving agency shall make a specific finding and conclusion as to the suitability for the tract to be developed with the cluster option and shall adopt the finding by resolution prior to hearing testimony or acting on the subdivision. In reaching its decision, the approving agency shall take into account the environmental constraints of the proposed site, the size, shape and proposed use of any and all open space parcels created, the alternative conventional development plan and the effect of the proposed development on the Master Plan of the Township of Jefferson.
[Amended 2-21-2001 by Ord. No. 6-01]
(h)
The maximum allowable overall density for any tract that receives cluster development approval shall not exceed the density that the developer would have obtained using a conventional development plan consistent with the zoning of the particular property and taking into consideration any effects on development as a result of all environmental constraints, the development standard ordinances of the Township of Jefferson and the New Jersey State Uniform Site Improvements Act.[1]
[Added 2-21-2001 by Ord. No. 6-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-40.1 et seq.
(i)
All cluster developments shall provide a natural landscaped or combination natural and landscaped buffer, as deemed appropriate by the approving agency, between the proposed cluster development and any existing noncluster development at a minimum rear yard setback for a conventional noncluster development for the zone of the adjacent property being buffered.
[Added 2-21-2001 by Ord. No. 6-01]
(j)
Open space areas created shall be made available to the Township for public dedication. The approving agency shall consider the suitability and adaptability of the land for the purpose or purposes proposed, including physical characteristics, geographical location, accessibility, relationship to the Master Plan, expenditures required to improve said land or otherwise make it suitable for the use proposed and all other factors which would normally be considered if such lands were being considered for purchase instead of acceptance for cluster development credit, and shall report its findings to the Township Council.
[Added 2-21-2001 by Ord. No. 6-01]
(k)
A report shall be sought from the Environmental Commission, Recreation Advisory Board, Board of Education and Division of Health and may be sought from any other advisory group which may have particular expertise relevant to consideration of the proposed site.
[Added 2-21-2001 by Ord. No. 6-01]
(l)
The Township Council shall make the final determination as to whether lands proposed for public open space are suitable for dedication. The Township Council shall provide the Land Use Board with a report of its determination as to the suitability of the open space for dedication.
[Added 2-21-2001 by Ord. No. 6-01; 12-18-2019 by Ord. No. 19-28]
(m)
In the event that the Township Council deems that the proposed open space is necessarily not suitable for dedication to the municipality, the same shall be deeded to a homeowners' association which association shall meet all of the requirements of § 490-22D entitled "Homeowners' association provision."
[Added 2-21-2001 by Ord. No. 6-01]
(3)
Conservation easement/deed restriction. Applications before the Board shall be required to provide appropriate conservation easements and deed restrictions when sensitive environmental areas are encountered.
(a)
Conservation easements shall be required for all wetland areas and required transitional areas.
(b)
Critical areas located outside of the building envelope shall contain conservation easements. These critical areas shall include slopes in excess of 30%, floodplains and open water bodies.
(c)
All subdivision plats shall contain a reference to any required conservation easement.
(d)
The maximum tract density shall not exceed one unit per five acres.
(4)
Driveways. It is the intent of this subsection to use private drives for access to the residential lot providing. In addition to the requirements of the Township's driveway ordinance,[2] the following standards shall be satisfied:
(a)
The number of driveways accessing off-site public streets shall be kept to a minimum.
(b)
The appropriate use of common driveways is encouraged. Where lots will access an off-site public street, common driveways shall be used where appropriate to minimize the number of curb cuts required.
(c)
The maximum number of units served by a common driveway shall be four.
(d)
Maximum length of common driveway: 1,000 feet.
(5)
Landscaping and lawns. The goal of this subsection is to limit the disturbance and impact associated with establishment of extensive residential lawns.
(a)
Existing vegetation shall be preserved in the areas where the disturbance is not necessarily outside the building envelope.
(b)
The creation of lawn area in excess of 20,000 square feet is prohibited. Lawn area shall be included in the total lot disturbance calculation. In instances where a lot includes open field areas, these areas may be seeded without being included in the 20,000 square feet for lawn areas or the total site disturbance calculation.
(c)
Where landscaping is proposed, native species shall be included in the design.
(d)
Where building envelopes are located in woodlands, a treed area of at least 30 feet between the building envelope and the common drive or roadway shall be retained.
(6)
Fencing. In order to maintain natural, undisturbed appearances, fencing is discouraged. Where fencing is needed, the following standards shall be met:
(a)
Perimeter fencing of lots is prohibited.
(b)
Fencing may be constructed on the perimeter of or within the building envelope area of lots.
(c)
The fencing restrictions shall not apply to agricultural uses as defined in the Zoning Ordinance.
(d)
Critical areas located outside of the building envelopes shall not be fenced.
(7)
Accessory structures and buildings.
(a)
Accessory structures and buildings shall be located within the building envelope areas except as otherwise permitted in this section.
(b)
Driveways, septic areas and wells may be located outside the building envelope.
(c)
Existing structures.
[1]
Where a tract contains existing structures deemed to be of historic or architectural significance and where these structures are suitable for rehabilitation, the structures shall be retained.
(d)
Exemption. The aforementioned standards shall apply to all new minor and major subdivisions within the Rural Conservation District. Nothing herein shall be construed so as to restrict lots legally in existence prior to the date of adoption of this section. These existing lots may be developed with single-family uses in accordance with the provisions of the R-40 Ordinance.[3]