[Amended 4-15-1997; 3-5-2002]
Subject to subdivision approval by the Planning
Board based on compatibility with the present and future development
of adjacent lands, individual lots with less than the required lot
width are permitted for one-family residential use in the R-2, R-3,
R-5 and R-10 Zones.
Approval of flag lots shall be subject to the
following minimum requirements:
A. Single ownership. The entire lot, including the portion
having less than the required width, must be in the same ownership.
B. Minimum width. The lot must have sufficient frontage on a street to permit the construction of a proper driveway connection with the street and, in any event, must have at least 45 feet of such frontage. No part of the "staff" on any flag lot shall be less that 45 feet wide. Each flag lot shall have its own staff within which a driveway can be constructed conforming to the requirements of Subsection
F hereinbelow.
C. Location of flag staffs. No flag staffs shall abut
each other at the street line.
D. Size of flag lot. All flag lots shall have an area,
exclusive of the flag staff area, at least two times the minimum lot
area of the zone in which such property is located.
E. Building setbacks. No structure shall be located in
any portion of the staff. All structures on any flag lot shall be
set back from all lot lines 100 feet.
F. Driveway standards for flag lots.
(1)
The driveway shall be a minimum of 12 feet in
width.
(2)
Driveways may be of gravel or paved construction.
(3)
With respect to all driveways, the maximum grade
shall not exceed 13%, except that the maximum grade shall not exceed
8% within 30 feet of the street line.
(4)
A turnaround shall be provided at the structure
end of the driveway, designed to permit fire trucks and other emergency
vehicles to turn around. A turnaround may be a cul-de-sac or L-shaped
configuration or any other configuration approved by the Township
Engineer.
(5)
Provisions shall be made for adequate drainage
along and/or across the driveway so as not to change the existing
drainage pattern. Driveways shall be designed and constructed in such
a manner as to prevent erosion of the soil from them and its deposit
upon the public road, gutters, catch basins, drains or culverts.
(6)
Horizontal curves shall have a minimum centerline
radius of 40 feet.
(7)
The driveway entrance into the public road shall
provide adequate radius and sight distances using the lawful speed
on such roadway as the design speed for such calculations of sight
distances and shall intersect the public road at an angle of not less
than 60°.
(8)
All driveways shall be located no closer than
15 feet from the property line of the flag staff.
(9)
Driveways shall be located within the flag staff
in a manner to avoid the destruction of desirable trees. The flag
staff shall be widened, if necessary, to provide for driveway alignment
which would protect such trees.
(10)
A fifteen-foot-wide buffer strip on each side
of the flag staff within the 45 feet minimum staff width shall be
recommended. The Planning Board may require landscaping in the buffer
zone for the entire length of the flag staff up to the road right-of-way.
(11)
No flag staff shall be closer than 500 feet
to another flag staff.
In any application for approval of a flag lot,
the applicant shall provide the Planning Board with adequate information,
topographical drawings and details of the proposed driveway to permit
the Planning Board to ensure compliance with the provision of this
article.
In the event that the installation and maintenance
of improvements requires performance guaranties, the following procedures
shall be followed:
A. The applicant's engineer shall furnish the Township
Engineer with an accurate list of all major items of construction
and the guaranties of each item shown on the final construction plans.
The applicant shall furnish evidence of the cost of all public utilities
for which the applicant is responsible for payment.
B. The Township Engineer shall prepare a detailed estimate
of the cost to construct all the required improvements. The estimate
shall include cost or construction engineering, construction stakeout
and not more than 15% of the cost of all improvements which have been
substantially completed. The estimate shall include the cost of the
public utilities, unless satisfactory evidence has been provided that
such costs have been paid.
C. The Township Engineer shall recommend a performance
guaranty in favor of the Township in an amount not to exceed 120%
of the cost of such improvements, including the cost of construction
engineering and construction stakeout.
Prior to issuance of any certificate of occupancy
for any home constructed on a flag lot, the developer/owner shall
provide the Construction Official with a written report from the Township
Engineer indicating that the driveway has been constructed in accordance
with this article.
[Added 6-5-1995 by Ord. No. 2:19N1-95]
A single-family residence may be constructed
on a flag lot which is part of a subdivision approved by the Planning
Board or Zoning Board of Adjustment prior to the effective date of
this section, provided that the lot meets the area requirements of
the ordinance in effect at the time of approval and that no proposed
structure encroaches into any required building setbacks in effect
at the time of the approval. All such grandfathered lots shall be
a part of an approved subdivision which approval has not lapsed.