The purpose shall be to:
A. 
Provide standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts; to protect the people's right to clean air, pure water and the natural, scenic, historic and aesthetic values of the environment; and to protect natural resources which are a part of the ecological system to which we are all bound and therefore are the common property of all the people, including generations yet to come, and must be protected to ensure the health, safety and welfare of all the people.
B. 
Provide standards for all types of dwelling units so that all the people may have access to decent, sound and sanitary housing, and to meet the goals of the Federal Housing Act of 1949.
C. 
Provide incentives to meet housing or environmental goals or to provide public or special facilities.
D. 
Provide standards of performance which make the unique characteristics of the land or site the determinants of its capacity for residential use.
A. 
The additional definitions which follow are needed for the clarity of this article.
B. 
As used in this article, the following terms shall have the meanings indicated:
ALLUVIAL SOILS
Areas subject to periodic flooding as defined in Chapter 252, Flood Damage Prevention.
CONDOMINIUM
An ownership arrangement, not a land use; therefore, it is allowed in any district and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot or other requirements intended to provide adequate light, air and privacy. A condominium is a dwelling unit which has all of the following characteristics:
(1) 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
(2) 
The unit may be any permitted dwelling type.
(3) 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads or other development features as specified in this chapter and Chapter 400, Subdivision of Land.
FOREST
Areas, groves or stands of mature or largely mature trees (i.e., greater than six inches caliper) covering an area greater than 1/4 acre, or groves of mature trees (greater than 12 inches caliper) consisting of more than 10 individuals.
IMPERVIOUS SURFACE RATIO
A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
IMPERVIOUS SURFACES
Those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
LAKES and PONDS
Natural or artificial bodies of water which retain water year round. Artificial ponds may be created by dams or may result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool, if there is any difference.
LOT AREA PER DWELLING UNIT, AVERAGE
The average lot area for all dwelling units of a single type. Individual lots may be smaller or larger than the average, provided that the average size is maintained and that all other standards of this chapter are met.
OPEN SPACE
Land used for recreation, resource protection, amenity or buffers, which is freely accessible to all residents and is protected by the provisions of this chapter and Chapter 400, Subdivision of Land, to ensure that it remains in such uses. "Open space" does not include land occupied by buildings, roads or road rights-of-way, nor does it include the yards or lots of single-family or multifamily dwelling units or parking areas as required by the provisions of this chapter. Open space shall be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
OPEN SPACE RATIO
A measure of the intensity of land use. It is arrived at by dividing total amount of open space within the site by the site area.
SITE
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA
All land area within the site as defined in the deed. Actual area shall be from a survey rather than the deed.
STEEP SLOPES
Areas where the average slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff and, therefore, erosion.
SUBDIVISION, PERFORMANCE STANDARD
A method for developing land for residential use utilizing performance standards (including but not limited to open space ratio, density, impervious surface ratio and other standards as set forth in §§ 450-76 through 450-82) rather than the dimensional requirements set forth in the Table of Dimensional Requirements.[1] "Performance standard subdivisions" allow the grouping or clustering of dwelling units, permitting a variety of housing types to encourage better, more flexible designs. The subdivision as a whole must meet the prescribed standards for open space, density and impervious surfaces.
WETLANDS
Areas known as "marshes," "swamps" or "wetlands," including all areas greater than 1/4 acre, where standing water is retained for a portion of the year and unique vegetation has adapted to the area.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
Any landowner in Zone R-1 or R-2 may desire to develop his site under the regulations set forth below rather than in § 450-17. The developer shall then be governed by the provisions of this article.
All performance standard subdivisions shall meet the standards set forth in the Table of Performance Standards. The development must meet all of these standards, depending on the design, mix of units, shape, size and natural properties of the site. Any one of the performance standards in this or other sections of this chapter may limit how many units can be placed on a given site.
Table of Performance Standards
District
Density
Open Space Ratio
Impervious Surface Ratio
Minimum Total Site Area
(acres)
R-1
4.9
5.9
0.40
0.35
0.32
0.35
3
5
R-2
8.0
14.0
0.30
0.25
0.42
0.44
3
5
Permitted uses shall be as follows:
A. 
Single-family detached.
(1) 
A single-family residence on an individual lot with private yards on all four sides of the house.
(2) 
Dimensional requirements:
(a) 
Lot area minimum: 8,000 square feet.
(b) 
Lot area average: 10,000 square feet.
(c) 
Maximum building coverage: 30%.
(d) 
Floor area ratio: 60%.
(e) 
Minimum yards: front, 35 feet; side, 10 feet; and rear, 40 feet.
(f) 
Minimum lot width at setback: 70 feet.
(g) 
Parking: two off-street spaces per dwelling unit.
B. 
Single-family detached, lot line.
(1) 
For a single-family residence on an individual lot, the building is set on one of the side property lines. An easement for maintenance on the adjoining lot is one of the requirements for this type of construction. Windows on the lot line side of a dwelling are prohibited.
(2) 
Dimensional requirements:
(a) 
Lot area average: 8,000 square feet.
(b) 
Lot area minimum: 6,500 square feet.
(c) 
Maximum building coverage: 30%.
(d) 
Maximum floor area ratio: 60%.
(e) 
Minimum yards: front, 20 feet; and rear, 40 feet.
(f) 
Minimum lot width at setback lines: 65 feet.
(g) 
Building spacing: 30 feet.
(h) 
Parking: two off-street parking spaces.
C. 
Duplex.
(1) 
A duplex is a single-family semidetached dwelling unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
(2) 
The dimensional requirements shall be as follows:
(a) 
Table of Dimensional Requirements.
Type
Minimum Lot Area per Dwelling Unit
(square feet)
Average Lot Area
(square feet)
Off-Street Parking Spaces
Minimum Lot Width at Building Setback
(feet)
1-bedroom
3,200
3,600
1.75
36
2-bedroom
3,600
4,000
2.00
40
3-bedroom
4,000
4,500
2.00
40
4-bedroom
4,200
4,700
2.25
45
5-bedroom
4,500
5,000
2.50
45
(b) 
General.
[1] 
Maximum impervious surface (on lot): 0.30.
[2] 
Floor area ratio: 0.70.
[3] 
Building setback line: 30 feet.
[4] 
Minimum side yard: 10 feet.
D. 
Patio house.
(1) 
The patio house is a single-family detached or semidetached unit, with one dwelling unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall of four feet to six feet in height. All living spaces, i.e., living rooms, den and bedrooms, shall open into a major open area or patio.
(2) 
The dimensional requirements shall be as follows:
(a) 
Table of Dimensional Requirements.
Type
Minimum Lot Area per Dwelling Unit
(square feet)
Average Lot Area
(square feet)
Off-Street Parking Spaces
Minimum Lot Width at Building Setback
(feet)
1-bedroom
2,800
3,000
1.75
40
2-bedroom
3,400
3,600
2.00
40
3-bedroom
3,800
4,000
2.00
40
4-bedroom
4,000
4,200
2.25
45
5-bedroom
4,200
4,500
2.50
45
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 0.35.
[2] 
Minimum patio area: 0.65.
[3] 
Maximum floor area ratio: 0.60.
[4] 
Maximum height: 24 feet.
[5] 
Minimum patio dimension: 20 feet.
E. 
Multiplex.
(1) 
The multiplex is an attached dwelling. It may be single-family attached or multifamily. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group, and groups shall average four units per structure.
(2) 
The dimensional requirements shall be as follows:
(a) 
Table of Dimensional Requirements.
Type
Minimum Lot Area per Dwelling Unit
(square feet)
Average Lot Area per Dwelling Unit
(square feet)
Off-Street Parking Spaces
Efficiency
800
1,000
1.25
1-bedroom
1,500
1,700
1.75
2-bedroom
2,200
2,400
2.00
3-bedroom
2,500
2,800
2.00
4-bedroom
2,700
3,000
2.25
(b) 
General.
[1] 
Maximum impervious ratio (on lot): 0.30.
[2] 
Minimum building setback line:
[a] 
Roads: 30 feet.
[b] 
Parking areas: 20 feet.
[3] 
Minimum building spacing: 24 feet.
[4] 
Minimum lot area (for building): 8,000 square feet.
[5] 
Minimum lot width (for building) at setback line: 80 feet.
[6] 
Maximum height: three stories.
F. 
Atrium house.
(1) 
The atrium house is a single-family, attached, one-story dwelling unit with individual outside access. The lot shall be fully enclosed by a wall at least seven feet high. A private yard, herein called an atrium, shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open into the atrium.
(2) 
The dimensional requirements shall be as follows:
(a) 
Table of Dimensional Requirements.
Type
Minimum Lot Area
(square feet)
Average Lot Area
(square feet)
Off-Street Parking Spaces
Minimum Lot Width
(feet)
1-bedroom
1,200
1,375
1.75
35
2-bedroom
1,700
1,850
2.00
35
3-bedroom
1,950
2,100
2.00
40
4-bedroom
2,150
2,300
2.25
40
5-bedroom
2,300
2,500
2.50
40
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 0.65.
[2] 
Minimum atrium area: 0.35.
[3] 
Maximum floor area ratio: 0.65.
[4] 
Maximum height: 12 feet.
[5] 
Minimum atrium dimension: 16 feet.
[6] 
Minimum atrium area: 288 square feet.
[7] 
Minimum secondary atrium area: 48 square feet.
G. 
Townhouse (note: only in R-2 Zone).
(1) 
The townhouse is a single-family attached domicile with one dwelling unit from ground to roof having individual outside access. Rows of attached townhouses shall average eight dwelling units.
(2) 
The dimensional requirements shall be as follows:
(a) 
Table of Dimensional Requirements.
Type
Minimum Lot Area
(square feet)
Average Lot Area
(square feet)
Off-Street Parking Spaces
Minimum Lot Width
(feet)
1-bedroom
1,500
1,600
1.75
18
2-bedroom
1,700
1,800
2.00
20
3-bedroom
1,900
2,000
2.00
22
4-bedroom
2,000
2,200
2.25
24
5-bedroom
2,200
2,400
2.50
26
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 0.40.
[2] 
Maximum floor area ratio: 0.75.
[3] 
Minimum building setback:
[a] 
Street: 30 feet.
[b] 
Parking area: 20 feet.
[c] 
Pedestrian walk: 15 feet.
[4] 
Minimum building spacing: 30 feet.
The developer shall determine what environmental or natural features are present on the site and shall meet the following standards of environmental protection. Site alterations, including regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses prior to the submission of plans for development shall be a violation of this chapter. Where alterations occur, restoration of the site to its original condition shall be required.
A. 
Floodplains. All such lands shall remain as permanent open space, except that roads may cross the floodplain where design approval is obtained.
B. 
Alluvial soils. All such lands shall remain as permanent open space, except that roads may cross the floodplain where design approval is obtained. Where floodplains are defined, they shall be used rather than alluvial soils.
[Amended 6-17-1986 by Ord. No. 86-5]
C. 
Steep slopes. In areas of steep slopes, i.e., those above 8%, the following standards shall apply:
(1) 
Eight percent to 15%. No more than 40% of such areas shall be developed and/or regraded or stripped of vegetation.
(2) 
Fifteen percent to 25%. No more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
(3) 
Twenty-five percent or more. No more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.
D. 
Forest. No more than 40% of such forests may be cleared or developed. The remaining 60% shall be maintained as permanent open space.
[Amended 7-5-2017 by Ord. No. 2017-5]
E. 
Lakes, ponds, wetlands or watercourses. These areas shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads.
F. 
Pond shorelines. The shorelines of ponds (bodies of water less than two acres in area) shall, to a depth of 150 feet from the shorelines, contain no more than 10% impervious surfaces. At least 80% shall be permanent open space. This provision applies to wetlands of less than two acres.
G. 
Stormwater. All developments shall limit stormwater runoff so that no more runoff is generated than that of the site in its natural condition. Where farm field or disturbed earth is the existing condition, meadow shall be used as the starting base of such calculations instead of the actual condition. All runoff calculations shall be based on a one-hundred-year, twenty-four-hour storm. The method for such calculations shall be that contained in United States Department of Agriculture, Soil Conservation Engineering Field Manual, Notice 4 of April 30, 1971, as amended.
H. 
Soil erosion and sedimentation. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion. In addition, all developments shall submit an erosion control plan as part of the preliminary land development plan.
[Amended 6-17-1986 by Ord. No. 86-5]
A buffer yard shall be required. The buffer yard shall be part of the open space and not part of the yard assigned to the dwelling units. In the various districts, the following standards shall apply:
District
Width of Buffer Yard
(feet)
Maximum Percentage of Open Space in Buffer Yard
R-1
20
30%
R-2
20
40%
In situations where duplex, patio, atrium, townhouse or multiplex units are used and where garages or driveways are used as the off-street parking, an additional 0.25 space per dwelling unit of overflow off-street parking shall be required.
A. 
A bonus density of up to 20% may be achieved by meeting specific criteria beyond the basic performance standards. All other standards of this chapter must be met in order to get the bonus. The various bonuses are additive.
B. 
Specific criteria.
(1) 
Open space. Increasing the open space ratio by five percentage points (for example, from 0.35 to 0.40 or 0.85 to 0.90) gets a bonus of 5%, except in the R-2 District where the bonus shall be 10%.
(2) 
Moderate-income housing. For each unit of nonsubsidized housing with two or more bedrooms built to sell below federal Section 235 mortgage limits, an additional dwelling may be built. The maximum bonus shall be 15%.
(3) 
Recreation facilities. Where the developer provides recreation facilities for the general public in accordance with recommendations from the County and Municipal Planning Boards, a bonus shall be awarded as follows: 10% in R-2 Districts and 5% in all R-1 Districts. Eligible recreation facilities include, but are not limited to, play fields, trail systems, boating access areas and parking.
(4) 
Ownership. Where the developer provides for individual ownership of dwelling units through sale or condominium, bonus shall be awarded in accordance with the following:
District
Percent Ownership/Bonus
Percent Ownership/Bonus
R-1
100%/10%
60%/5%
R-2
50% or more/10%
25%/5%
(5) 
Road and transportation. Where the developer provides the following specific improvements, a bonus of 10% may be awarded:
(a) 
Provision of rail or bus station and parking.
(b) 
Provision of money for extension or improvement of major local streets requiring condemnation.
(c) 
Improvement of roads beyond site boundaries.