[Amended 7-6-1987; 8-7-1989 by Ord. No. 6-89]
In the R-1 (two-acre) and R-3 (three-acre) Residential Zones, the Board may consider cluster development as a conditional use.
[Amended 12-18-1997 by Ord. No. 97-17; 11-4-1999 by Ord. No. 99-10]
Requirements shall be as follows:
The minimum parcel size shall be 25 acres.
Lot area may be reduced to a minimum of one acre. The maximum number of lots on any given tract of land shall be determined by approval by the Planning Board of a qualifying map meeting all the requirements of the zone in which the property lies.
[Amended 12-18-1997 by Ord. No. 97-17; 11-4-1999 by Ord. No. 99-10; 10-7-2003 by Ord. No. 5-2003]
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated in § 105-6.
There shall be a front yard of not less than 75 feet from the center line of a local street and not less than 95 feet from the center line of collectors/arterial roads.
Side yards. There shall be two side yards, and no side yard shall be less than 20 feet, except that on an existing platted lot in single ownership.
Rear yard. There shall be a rear yard of not less than 35 feet.
Corner lots. Corner lots shall have an average depth, measured from each street, of not less than 200 feet.
Minimum lot width. The minimum lot width at the building setback line shall be 150 feet.
Maximum building coverage. The total ground floor area of all buildings shall not exceed 20% of the total lot area.
Open space shall be provided in contiguous parcels of no less than five acres.
No less than 1/3 of open space provided shall be suitable for active recreation.
The site shall be designed so as to avoid, wherever possible, environmentally sensitive lands.
Appropriate public/association access and, where necessary, provisions for off-street parking shall be made part of the open space dedication.
Provisions acceptable to the Planning Board and Township Committee shall be made for the operation and maintenance of dedicated open space.
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
The governing body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment.
The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
The Township Committee shall appoint a Zoning Officer to enforce the provisions of this chapter. It shall be his duty to examine all applications for permits, to issue permits only for construction and uses which are on record and file all applications for permits, with any accompanying plans and documents, and to make such reports as the Township Committee may require.
[Amended 7-6-1987; 2-1-2007 by Ord. No. 07-02]
Permits for construction uses which are conditional or a variance to requirements of this chapter shall be issued only upon order of the Board of Adjustment.
Nothing herein contained shall require any change in plans or construction of a lawful use the construction of which is started before the effective date of this chapter and which is completed within one year of the effective date of this chapter.
Any person who shall violate this chapter or do any act or thing prohibited or refuse or fail to do any act or thing required to be done or refuse or fail to comply with an order of the Zoning Officer or an order of the Board of Adjustment shall, upon conviction thereof, be subject, for each violation, to forfeit a fine not exceeding the sum of $1,000. In default of the payment of any fine imposed hereunder, such violator may be imprisoned in the county jail for a period not exceeding 90 days. Whenever such person shall have been officially notified by the Zoning Officer or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.