Township of White, NJ Article XV R-1 Detached Single-Family Residence District

§ 160-128 Permitted uses.

The R-1 Zone District is designed for and permits only the following principal uses and accessory uses as herein regulated:

A. Principal uses. Only the following principal uses are permitted in the R-I Zone:

(1) Detached single-family residences.

(2) Conditional uses as regulated in Article XIV of this chapter.

(3) Customary and conventional farming operations, including the raising of livestock, poultry, vegetables, flowers and horticultural materials, and the sale of agricultural products on a farm, provided that they are located on properties of five acres or more, exclusive of the lot area required for a one-family dwelling if both uses are included. Farms shall not use the portion of a lot within 50 feet of a residential property line for the housing of livestock or poultry or for the storage of fertilizer, produce or equipment. Open pasturing of livestock shall be permitted. The use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, when reasonable and necessary for the particular farming and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and in the day, and the reasonably necessary noise, odors, dust and fumes that are caused by them are also specifically permitted as part of customary and conventional farming operations.

[Amended 11-7-1980; 9-5-1986]

(4) Residential professional offices.

(5) Golf courses.

(6) Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township Committee of the Township of White.

(7) Major solar or photovoltaic energy facility or structure as a conditional use in accordance with Article XXX, § 160-201C.

[Added 12-12-2012 by Ord. No. 2012-6]

B. Accessory uses. Accessory uses permitted in the R-1 Zone shall be limited to and regulated as follows:

(1) Signs as permitted and regulated in § 160-86 of this chapter.

(2) Accessory dwellings designed for domestic or household employees or farm workers, provided that the total area of the lot shall be of sufficient size to provide for a minimum lot area of 65,000 square feet for each dwelling on the premises. Such secondary dwellings shall not be less than 600 square feet in total floor area.

[Amended 10-7-1988]

(3) Private garages not in excess of 1,500 square feet of building area.

(4) Customary residential storage building not in excess of 1,000 square feet of building area.

(5) Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.

(6) Other customary residential secondary structures, such as private swimming pools, fireplaces, trellises, post lights and the like.

(7) Customary farm buildings for the storage of products or equipment located on the same property as the primary use.

(8) ECHO housing as a conditional use as regulated in § 160-121 of this chapter.

[Added 11-14-1986]

(9) Minor solar or photovoltaic energy facility or structure in accordance with Article XXX, § 160-201B.

[Added 12-12-2012 by Ord. No. 2012-6]

§ 160-129 Prohibited uses.

Any use other than those uses listed in § 160-128 above is prohibited. Specifically prohibited are the following:

A. Adult bookstores.

§ 160-130 Required conditions.

[Amended 5-6-1988; 10-7-1988; 6-7-2002 by Ord. No. 2002-12]

The following requirements must be complied with in the R-1 Residence District:

A. Minimum lot area. Where permitted as a conventional subdivision or for the purpose of demonstrating the number of lots that may be permitted under a cluster or lot size averaging subdivision, every lot shall have a minimum lot area of three acres measured within 550 feet of the front street right-of-way line. Within a major cluster or lot size averaging subdivision, all lots may be reduced in area to no less than 1 1/2 acres, measured within 250 feet of the front street right-of-way line, provided that all of the following requirements are complied with in their entirety:

[Amended 7-3-2002 by Ord. No. 2002-16; 7-3-2002 by Ord. No. 2002-17; 7-14-2005 by Ord. No. 2005-13]

(1) General. It is the intent of this Subsection A to preserve large contiguous tracts of open space and farmland within White Township. Open space and open land parcels shall be devoted to farmland, recreation, passive open space or natural resource conservation, or other uses permitted by this chapter.

(2) Mandatory cluster and mandatory lot size averaging submission. An applicant seeking major subdivision approval shall apply to the Planning Board for a mandatory cluster or lot size averaging subdivision. Such application, as proposed in a letter, shall be accompanied by a concept plan indicating, in general, the development plan and the area to be retained as open lands, in open space, agricultural use, conservation or recreation or used for other municipal purposes not inconsistent with open space preservation.

(3) The Planning Board may consider a conventional major subdivision in place of mandatory cluster or lot size averaging if an applicant can demonstrate to the satisfaction of the Board that a conventional subdivision layout, in accordance with the lot area and bulk standards as set forth in Subsection A(11)(a)[1] through [9], would achieve the following objectives at least equal to that provided by a cluster layout or a lot size averaging plan, to the extent applicable:

(a) Preservation of open space;

(b) Preservation of prime farmland soils or statewide important soils as shown on Exhibit 14, titled "Farmland Soils," dated October 14, 2003, as contained in the Township of White Master Plan dated June 14, 2004;

(c) Preservation of ridgelines and/or rural vistas; and/or

(d) Preservation of woodlands, specimen trees, and hedgerows.

(4) Open space. If the applicant proposes that the open space resulting from a cluster development be dedicated to the Township, either in fee or through conveyance of development rights, then the Planning Board shall request approval from the governing body that the open space or interest therein resulting from the application of cluster development will be accepted by the Township. If approval is not granted within 90 days from the date of referral, the applicant may submit a cluster plan providing for ownership of common land by deeding the lot(s) either to a homeowners' association or to a county, state, or nonprofit entity for the purpose of preserving said land(s) for the purpose of the open space preservation, conservation or agricultural use, subject to a deed restriction prohibiting further subdivision or development.

(5) Maximum number of lots. The maximum number of lots in a mandatory cluster/lot size averaging major subdivision shall be determined by design of a qualifying plan, which shall be designed as a conventional subdivision in accordance with Subsection A(11)(a)[1] through [9], conforming to all Township ordinances not inconsistent with this ordinance, applicable county regulations and applicable statutes and regulations of the State of New Jersey. Lands with slopes of 15% or greater shall comply with § 160-109, as amended, The conventional subdivision submitted shall be designed without the need for variances, waivers, or exceptions from municipal, county, or state laws or regulations. The number of lots that may be designed on a qualifying plan as a conventional subdivision shall be determined through the natural resource conservation calculations required in § 160-132B.

(6) A mandatory cluster major subdivision shall be designed in accordance with the following standards:

(a) The open space parcel shall contain a minimum of 50% of the gross tract area and shall contain a minimum of 30% of the unconstrained tract area. The unconstrained tract area shall be defined as the area of the tract that does not contain existing or proposed road rights-of-way, transmission line rights-of-way, existing easements or restrictive covenants constraining development of the land and imposed by a prior development approval, floodplains, freshwater wetlands and buffers, special water protection areas for C-1 waters, state open waters, and slopes of 15% or greater. The stormwater management system for the proposed subdivision may be located in the open space or open lands parcel; however, the land area of any detention or retention basin(s) shall not be counted toward the minimum open space requirements in this Subsection A(6)(a).

(b) Any open space shall be shaped such that a circle with a minimum diameter of 300 feet may be inscribed within the lot lines.

(c) Rights-of-way or cartways of any existing or proposed public or private streets shall not be included in the calculation of the minimum required open space.

(d) Cluster subdivisions under previous cluster requirements prior to the adoption of mandatory cluster provisions shall be permitted to continue as approved.

(e) Tract area and lots shall conform to the minimum lot size and yard requirements as set forth in Subsection A(8)(a) and (b).

(7) A mandatory lot size averaging major subdivision shall be designed in accordance with the following standards:

(a) The subdivision shall contain designated open lands that equal a minimum of 50% of the gross tract area. "Designated open lands" is defined as that portion or portions of a lot or in the subdivision (which may be lots designed for residential or other principal uses permitted by the applicable zoning district) that are deed-restricted for single-family residential use and agricultural use or natural resource conservation in order to qualify for lot size averaging according to the standards of this chapter.

(b) Any open lands parcel shall be shaped such that a circle with a minimum diameter of 300 feet may be inscribed within the lot lines.

(c) Rights-of-way or cartways of any existing or proposed public or private streets shall not be included in the calculation of the minimum required open lands area.

(d) Lots shall conform to the minimum lot size and yard requirements as set forth in Subsection A(8)(b).

(8) Cluster and lot size averaging area and bulk standards applicable to cluster and/or lot size averaging subdivisions are as follows:

(a) Minimum tract size: not less than nine acres.

(b) Minimum lot size and yard requirements.

[1] Lot size: 1.5 acres minimum.

[2] Maximum building coverage: 10%.

[3] Lot frontage: The minimum lot frontage, measured along the front street right-of-way line, shall be 70 feet.

[4] Front yard: not less than 75 feet.

[5] Side yard: There shall be two side yards that shall total not less than 60 feet. No side yard shall be less than 25 feet.

[6] Rear yard: not less than 50 feet.

[7] Building height: No building shall exceed a height of 35 feet or 2 1/2 stories, whichever is less.

[8] Housing type: single-family detached.

[9] Minimum improvable lot area: Each lot shall contain a minimum improvable lot area, which shall be an area within the required setbacks of a lot, and shall be an area suitable for development of a dwelling and its appurtenances and shall be free of constrained lands in accordance with Subsection A(6)(a). The minimum improvable lot area shall not be less than 15,000 square feet in area.

(9) Designated open lands standards for lot size averaging subdivisions. The designated open lands, as defined in Subsection A(7)(a), in a lot size averaging subdivision shall be permanently deed-restricted from further subdivision and shall be subject to the following regulations:

(a) The deed of any lot in a lot size averaging subdivision which may be used for residential purposes shall contain a notice that the Township zoning regulations specifically include farming as a permitted use in the zone.

(b) Designated open lands created as a result of these regulations shall be included within a lot or lots in a lot size averaging subdivision.

(10) Open space and designated open lands design guidelines. The following guidelines should be considered in determining the configuration and location of open space parcels resulting from development under open space cluster provisions and designated open lands resulting from lot size averaging subdivisions:

(a) If the preserved open space or open lands area is intended to be used for agriculture, it shall, to the greatest extent possible, be configured in proximity to open space or open lands on adjacent tracts containing farming operations to facilitate the ability to create large contiguous tracts of open space and/or farmland, and the desirability of maximizing separation between farming operations and residential units should be considered.

(b) In order to maintain the rural character and scenic viewsheds of the Township, as perceived from the public rights-of-way, open space and open lands parcels should be located in such manner as to preserve scenic vistas and preserve the rural character of farmsteads, barns and homesteads after development.

(c) Where subdivision tracts include existing farmland operations, open space parcels and designated open lands should be configured to preserve such uses, to the greatest extent possible, in order to facilitate the continuation of farming.

(d) Open space parcels and designated open lands should be located in such a manner (i.e., physical separation) as to reduce the potential for conflicts between farm operations and residential uses.

(e) Proposed roads should be located within the development portion of the property. It is the intent of this Subsection A(10) to keep the open space or open lands portion continuous and free of roadway intrusions; however, adequate access must be provided to the open space or open lands area.

(f) Open lands in lot size averaging subdivisions created as a result of these regulations may be used for recreation, agriculture or natural resource conservation areas, as defined in § 160-132. In such cases, no buildings or structures shall be constructed or maintained on the deed-restricted open lands except such structures that are accessory to the above-referenced activities.

(g) Existing or proposed equestrian trails, and other trails, including those which may be shown on the Master Plan of White Township or Warren County and which are located on lands within any proposed cluster or lot size averaging subdivision, shall be identified on the preliminary subdivision plat and, where possible, shall be preserved, established or relocated, as may be appropriate.

(11) Conventional subdivisions, where permitted, and the qualifying concept plan required to determine the maximum number of lots that may be created in a cluster or lot size averaging major subdivision shall conform to the following minimum requirements:

(a) Minimum lot size and yard requirements.

[1] Lot size: three acres minimum.

[2] Lot width. The minimum lot width, measured at the front yard setback line, shall be at least 250 feet.

[3] Lot frontage. The minimum lot frontage, measured along the front street right-of-way line, shall be 90 feet.

[4] Maximum building coverage: 10%.

[5] Front yard: not less than 75 feet.

[6] Side yard: There shall be two side yards which shall total not less than 60 feet. No side yard shall be less than 25 feet.

[7] Rear yard: not less than 75 feet.

[8] Building height. No building shall exceed a height of 35 feet or 2 1/2 stories, whichever is less.

[9] Housing type: single-family detached.

(b) Minimum improvable lot area. Each lot shall contain a minimum improvable lot area, which shall be an area within the required setbacks of a lot, shall be an area suitable for development of a dwelling and its appurtenances and shall be free of constrained lands in accordance with Subsection A(6)(a). The minimum improvable lot area shall not be less than 25,000 square feet in area.

(12) Greenhouse requirements. Greenhouses used as part of a customary and conventional farming operation shall conform to the following minimum requirements:

[Added 9-13-2018 by Ord. No. 2018-04]

(a) Greenhouses shall be set back a minimum of 75 feet from any property lot line except where any property line abuts an existing residential use, the setback shall be not less than 100 feet in width. When abutting an existing residential use, the 25 feet nearest the residential use property line shall be used only as a buffer planting strip planted in accordance with § 160-99B.

(b) Building coverage for greenhouses shall not exceed 20% of the total lot area. This limitation applies only to the area wherein crops are actively cultivated. This 20% building coverage is in addition to the normal 10% building coverage in this zone. Areas which are devoted to the packaging or processing or shipping of crops or not otherwise devoted to agricultural use are subject to the normal 10% building coverages of the zone. Total building coverage including greenhouses plus other buildings shall not exceed 30%.

(c) Total impervious coverage of the subject lot including the area in greenhouses shall not exceed 40%.

(d) Any topsoil stripped or removed for greenhouse construction shall be stockpiled on the subject property for future use, should greenhouse operations terminate.

(e) All rainwater or other precipitation which falls upon greenhouses shall be collected and used for irrigation of crops either within or outside the greenhouses or otherwise recycled.

(f) Section 160-175, Performance standards shall apply to greenhouse operations.

(g) Individual homeowners with greenhouses under 800 square feet in floor area shall be exempt from these requirements.

B. Lot width. Minimum lot width, measured at the front yard setback line, shall be at least 250 feet.

C. Lot frontage. The minimum lot frontage, measured along the front street right-of-way line, shall be 90 feet. Within a major subdivision employing open space zoning or residential cluster, the frontage of any lot, measured along the front street right-of-way line, shall be not less than 75 feet.

D. Building coverage. Building coverage, as defined in § 160-5 of this chapter, shall not exceed 10%.

E. Front yard. There shall be a front yard of not less than 75 feet. Within a major subdivision employing open space zoning or residential cluster, the front yard of any lot may be reduced to 50 feet.

F. Side yard. There shall be two side yards which shall total not less than 60 feet. No side yard shall be less than 25 feet.

G. Rear yard. There shall be a rear yard of not less than 75 feet.

H. Building height. No building shall exceed a height of 35 feet or 2 1/2 stories, whichever is less.

§ 160-131 Flag lots.

[Added 9-5-1986; amended 12-1-1989; 12-29-1997; 3-6-2003 by Ord. No. 2003-2]

The creation of flag lots shall be permitted only in the R-1 Zone District and then only if all the following are complied with:

A. The minimum lot area shall be five acres exclusive of the pole or staff or access strip. Said minimum lot area shall be calculated pursuant to the provisions of § 160-110 of this chapter.

B. The geometry of any flag lot shall be such that the lot shall accommodate within its lot lines a circle with a diameter of not less than 300 feet.

C. There shall be no more than one lot per access strip.

D. There shall be a minimum setback of 50 feet from any lot line.

E. No structure or obstruction shall be erected or placed within the access strip.

F. The access strip shall have a minimum width of 50 feet and not less than 50 feet of frontage on a public street.

G. No street frontage of any flag lot shall be located within 500 feet of the street frontage of any other flag lot on the same side of a street.

H. The access drive shall be designed and improved in accordance with Chapter 120 of the Code of the Township of White.

I. The access drive shall have a minimum improved width of 12 feet at any point along its length.

J. Adequate instruments as approved by one Planning Board shall be prepared and recorded to assure private responsibility for the proper maintenance of access drive.

K. The access strip or staff of a flag lot shall be located so as to be suitable for accommodating an access drive constructed in accordance with the standards of the Code of the Township of White along its entire length.

§ 160-132 Natural resource conservation/unit yield calculation.

[Added 7-14-2005 by Ord. No. 2005-13]

This section shall be used by the applicant to compute the total area of a tract that is suitable for development after quantifying the portions of the tract that are identified as natural resource conservation areas. "Natural resource conservation areas" shall be defined as those areas within White Township characterized by preserved open space, floodplains, freshwater wetlands and attendant wetland buffers, state open waters, streams and stream buffers, and slopes of 15% or greater. The table in Subsection B below shall be used to determine the maximum number of lots that may be used as the basis for preparing a qualifying plan to determine the unit yield of a tract of land that may be subdivided through the cluster/lot size averaging provisions of this section.

A. The calculation required in this section shall be prepared by the applicant and submitted to the approving authority in conjunction with the qualifying concept plan that is required for all minor or major subdivisions submitted in accordance with this section. The applicant shall follow the instructions of this subsection for calculating the natural resource conservation/unit yield.

B. Natural resource conservation/unit yield calculation table.

(1) Enter the appropriate acreage in Column A, multiply Column A by the factor in Column B, and place the result in Column C. Where cells are shaded, no information is required to be entered.

(2) Do not double-count acreage in Lines 2 to 5. When there is an overlap, enter the affected acreage on the line with the first-named characteristic, and do not include any portion of that acreage in the identification and calculation of any other named characteristic.[1]

[1] Editor's Note: Original § 71-81.1, R-1A Single-Family and PRD District, added 7-12-1985, which immediately followed this subsection, was repealed 6-7-2002 by Ord. No. 2002-12.