This article provides for the regulation of buildings and other
structures and uses of land in designated districts. Deviations from
the regulations within this article shall be deemed to be a variance
unless otherwise provided specifically within the regulation.
[Ord. No. 97-11 § 1; Ord. No. 00-04 § XIII; Ord. No. 03-24 § II; amended 3-18-2020 by Ord. No. 20-04]
For the purpose of this chapter, the Township of Millstone,
Monmouth County, New Jersey is hereby divided into the following Zoning
Districts:
|
R-170
|
Rural Environmental Zone
|
|
RU-P
|
Rural Preservation Zone
|
|
RU-C
|
Rural Conservation Zone
|
|
R-130
|
Rural Residential Zone
|
|
R-80
|
Rural Residential Zone
|
|
R-MF
|
Rural Multi-Family Zone
|
|
R-20
|
Residential Zone
|
|
NC
|
Neighborhood Commercial Zone
|
|
HC
|
Highway Commercial Zone
|
|
HC-1
|
Highway Commercial Zone
|
|
BP
|
Business Park Zone
|
|
RC
|
Recreation Camp Zone
|
|
PCD
|
Planned Commercial Development
|
|
FHSC
|
Flood Hazard and Stream Corridor Overlay Zone
|
[Ord. No. 96-15; Ord. No. 96-16; Ord. No.
96-17; Ord. No. 97-09; Ord. No. 97-11; Ord. No. 97-17; Ord. No. 99-16; Ord. No. 99-26; Ord. No. 00-04; Ord. No.
03-24 § II]
The boundaries of all Zoning Districts set forth in this chapter
are shown on a map entitled "Zoning Map, Millstone Township," adopted
May 21, 2003, which map is attached hereto and is made a part of this
chapter.
Amendments to the zoning regulations and Zoning Map shall comply with § 35-3-5 of this chapter and N.J.S.A. 40:55D-63.
|
35-5-4.1.
|
Zone boundaries are intended to follow street, lot lines, hypothetical
extensions of lot lines, property lines, or other natural lines such
as center lines of watercourses, ditches, or lagoons, unless such
District or Zone boundary is fixed by dimension on the Zoning Map
or by description and shall include lands acquired by accretion or
stream diversion by natural causes.
|
|
35-5-4.2.
|
Where a zone boundary is fixed by dimension on the Zoning Map
approximately following and is not more than 50 feet from a lot line,
such lot line shall be construed to be the zone boundary.
|
|
35-5-4.3.
|
In unsubdivided land and where a zone boundary divides a lot,
the location of such boundary, unless the same is indicated by dimensions
shown on the Zoning Map, shall be determined by the use of the scale
appearing thereon.
|
|
35-5-4.4.
|
Boundaries indicated as approximately following municipality
limits shall be construed as following municipal limits.
|
|
35-5-4.5.
|
Where a zoning lot is located in part in one zoning district
and in part in another zoning district the entire zoning lot or portion
thereof located in the neighboring zone may be used for a purpose
permitted in either zone upon application for a conditional use permit
and upon determining by the Planning Board that the following standards
and conditions are met:
a. The use contemplated can best be established
by utilizing the portion of the zoning lot in the neighboring Zone
District without materially affecting the adjoining areas.
b. The site plan shall be appropriate to the adjoining
area.
c. A set of plans, specifications and plot plans
shall be filed with the Planning Board showing overall dimensions,
topographical conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to the
streets and adjacent property and other physical features which might
act as a deterrent to the general welfare.
|
|
35-5-4.6.
|
Where physical or cultural features existing on the ground are
at variance with those shown on the Zoning Map, or in other circumstances
not covered by subsections above, the Board of Adjustment shall interpret
the District boundaries.
|
[Ord. No. 00-04 § XV; Ord. No. 06-29 § 1]
The Schedule entitled "Schedule of Area, Yard and Building Requirements,
Land Use and Development Regulations of the Township of Millstone,
Monmouth County, New Jersey," which sets forth the minimum lot size
and other provisions for each of the various Zoning Districts established
by this chapter, is hereby declared to be part of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements
can be found as an attachment to this Chapter.
[Ord. No. 06-29 § 1]
Notwithstanding any provision in the "Schedule of Area, Yard
and Building Requirements" or elsewhere in this chapter to the contrary,
any tract of land to be preserved under a State, County or municipal
farmland preservation or Green Acres program as deed restricted farmland
or open space shall be permitted to subdivide one fully conforming
lot for single-family detached dwelling construction in accordance
with the requirements for residential lots in the "R-80" Rural Residential
zoning district, provided that farms are a permitted use in the zoning
district wherein the farmland or open space is to be preserved, and
except that this provision shall not apply to farmland preserved or
open space as part of a "Farmland/Open Space Conservation Cluster"
in the "RU-P" Rural Preservation or in the "RU-C" Rural Conservation
zoning districts.
[Ord. No. 96-16]
Purpose: The R-170 zoning district is designed to protect sensitive
features consistent with the New Jersey State Development and Redevelopment
Plan including significant areas which include one or more of the
following sensitive environmental features: freshwater wetlands, steep
slopes (15% or greater), one-hundred-year floodplains, shallow depth
to water table, headwaters of streams, mature wooded areas, and areas
with highly erodible soils based upon the U.S. Department of Agriculture
Soils Mapping, NJDEP Freshwater Wetlands Maps, U.S.G.S. Topographic
Mapping, and the Millstone Township Natural Resources Inventory.
The R-170 zoning district is intended to be the lowest density
residential development zone within the Township. Agricultural and
recreational uses are permitted uses in this zone. Development options
to encourage the protection of environmental features include provisions
for "Woodsy Lane" and "Variable Density" developments.
The following uses are permitted as a matter of right in this
Zone:
[Ord. No. 2015-08 § 1]
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, tennis courts, swimming pools and other customary
accessory uses and structures which are customary uses and structures
incidental to a permitted single-family detached unit.
c.
Accessory uses normally incidental to a permitted farm operation,
including the following:
d.
Signs which are incidental to a permitted use and which meet the
restrictions of the Sign Ordinance of the Township.
e.
Off-street parking space which is incidental to a permitted use and
which is consistent with the restrictions of Article 7.
f.
Private storage sheds, detached garages, storage barns and other customary accessory buildings on a single-family residential lot provided they comply with the accessory building setback requirements in § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", and the size limitations specified in § 35-4-9.11.
The following uses may be permitted as conditional uses after
application to and approval of the Township Planning Board:
a.
Public utility installations subject to the standards and conditions
set forth in Article 6.
b.
Golf courses subject to the standards and conditions set forth in
Article 6.
c.
Hospitals, subject to the standards and conditions set forth in Article
6.
d.
Quasi-public buildings and facilities including firehouses, rescue
squad buildings, fraternal and charitable organizations and post offices
but excluding social clubs, subject to the standards and conditions
set forth in Article 6.
e.
Veterinary clinics and hospitals, the services of which are related
to the agricultural activities in the Township, subject to standards
and conditions set forth in Article 6.
[Ord. No. 00-16 § II; Ord. No. 00-26 § II]
The following restrictions shall apply to all uses in this Zone:
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
| |
|---|---|---|
|
Minimum Lot Area
|
(a)
|
170,000 square feet
|
|
(b)
|
Major Subdivision lots approved after June 21, 2000 —
4 acres
| |
|
Minimum Lot Width/Frontage
|
250 feet
| |
|
Minimum Front Yard Setback
|
75 feet
| |
|
Minimum Side Yard Setback
|
40 feet
| |
|
Minimum Combined Side Yard Setback
|
100 feet
| |
|
Minimum Rear Yard Setback
|
75 feet
| |
|
Minimum Accessory Building Side Yard and Rear Yard Setback
|
20 feet and 25 feet respectively, except as otherwise specified
in this article
| |
|
Maximum Building Height
|
40 feet and 3 stories
| |
|
Maximum Lot Coverage
|
20%
| |
|
Maximum Percent Building Coverage
|
10%
| |
|
"Woodsy Lane" Development Requirements: Notwithstanding anything
to the contrary set forth above, no subdivision shall be allowed of
any lot or lots within a development previously approved pursuant
to § 35-5-6.7 if such subdivision would result in any of
the bulk requirements set forth in § 35-5-6.7 being violated,
unless appropriate relief is granted by the Planning Board.
|
[Ord. No. 00-16, § II; Ord. No. 00-26 § II; Ord. No. 01-04, § II]
a.
Purpose. The purpose of this subsection is to provide flexibility
in residential design, encourage energy conservation through flexibility
in building orientation, reduce residential development costs, and
provide a method of preserving land for agriculture, open space, common
property, conservation, recreation, parks and other amenities benefiting
neighborhood residents and/or the public at large by permitting a
reduction in residential lot size without increasing the number of
lots or permitted number of dwelling units.
b.
Variable Density Developments. Variable density developments may
be approved provided:
1.
The tract size shall be a minimum of 42 acres.
2.
The number of dwelling units shall not exceed that which would be
permitted with no variances for a conventional subdivision in the
R-170 Zone.
3.
The lots meet the requirements of the R-130 District with no variances,
except that lot width shall be a minimum of 175 feet on new streets
only.
4.
Land equal in area to a minimum of 30% of the tract's total land area shall be set aside separate from residential lots for the uses set forth in § 35-5-6.5a above, singly or in combination. The 30% area shall be reserved with appropriate deed restrictions or conservation easements to assure their continued use for agriculture, open space, conservation, recreation, parks and other amenities for the neighborhood and/or the public at large.
5.
Unless otherwise approved by the Planning Board, the land to be set
aside shall be in one parcel, but in no event shall any parcel be
less than five acres in size.
6.
As part of the Statement of Environmental Impact and Assessment Statement
submitted in the application, the developer shall include an analysis
of the parcels surrounding the subject property. Such analysis shall
examine whether the dedicated lands in the subject parcel should be
located so as to be linked to the adjacent parcels for purposes such
as preservation of prime agricultural lands or wooded areas.
7.
No more than a total of 25% of the land set aside shall be in any combination of: floodplains, designated wetlands areas, wetlands transition areas, utility rights-of-way, areas previously dedicated for public or private use, areas with a slope of 15% or greater, environmental constraints in accordance with § 35-9-5, and land that is deed restricted and/or within conservation types of easements at the time an application is approved by the Board to permit use of the variable density option. No portion of the lands may be utilized for detention basins or other drainage improvements that may be required of the applicant as a condition of approval.
8.
As a general principle, open space shall be left in its natural state.
A developer may make certain improvements such as the cutting of trails
for walking or jogging, or the provision of picnic areas, etc. In
addition, the Planning Board may require a developer to make other
improvements such as removal of dead or diseased trees; thinning of
trees or other vegetation to encourage more desirable growth; grading
and seeding; and drainage.
9.
The Planning Board may permit minor deviation from open space standards
when it can be determined that:
10.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Municipal Attorney
that ensure that:
(a)
The open space area shall not be further subdivided in the future.
(b)
The use of the open space shall continue in perpetuity for the
purposes specified.
(c)
Appropriate provisions are made for the maintenance of the open
space.
(d)
Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
(e)
Such covenants shall run to the benefit of all adjacent property
owners and to the municipality and shall be enforceable by the Township.
c.
Approval Requirements. The determination as to whether an application for variable density shall be approved shall be based not only on compliance with the specific requirements of this section and of all other relevant sections of the Township ordinances but also on a determination by the Board that the overall plan for the subject parcel represents a design concept which fosters the purposes set forth in Subsection a above to a degree which would not be possible in a traditional subdivision.
d.
Open Space Ownership. The type of ownership of land dedicated for
open space purposes shall be selected by the owner, developer or subdivider,
subject to the approval of the Planning Board. The type of ownership
may include, but is not necessarily limited to, the following:
e.
Municipal or Public Ownership. In the event that the developer shall
propose to the Planning Board that the land set aside be dedicated
to use by the public at large and that the title in fee simple should
be in the Township or in some other public body, the Planning Board
may recommend same to the Township Committee. Approval shall not be
given to the plan unless the Township Committee agrees to accept such
title.
In the event that the land is to be conveyed to the Township,
with the consent of the Township Committee, for a public purpose or
purposes, the filed map and all deeds to all properties in the development
shall reference this paragraph by a specific legend notation setting
forth this full paragraph, to provide notice of such public purpose
dedication to any interested party. For the purposes of this paragraph,
public purpose or public purposes shall mean an activity utilizing
the dedicated lands for the promotion of the health, safety, morals
and general welfare of the community by a public, quasi-public or
nonprofit organization, in which event the dedication of lands for
"open space" shall vest in the Township the right to also make improvements
to the lands in furtherance of the public purpose or purposes, which
improvements may not necessarily be incidental to the natural openness
of the lands in question. The Township, through such dedication, also
reserves the right to lease or sell the lands, with or without improvements,
to a public, quasi-public or nonprofit organization pursuant to N.J.S.A.
40A:12-13(b)(1), 40A:12-14(b) and (c), 40A:12-19, 40A:12-20 and 40A:12-21,
as amended. The provisions of this paragraph are intended to supplement
and not be in derogation of any requirements of this subsection for
the dedication of land as open space.
Lands dedicated to the Township shall be conditioned upon the
placement of signs on the dedicated land at locations as determined
by the Township Committee to provide adequate notice to the public
that the lands are in public ownership and may be used for park and
recreation facilities. The signs shall be installed in accordance
with the Standard Detail in Appendix C and including the following
wording.[1]
[1]
Editor's Note: Refer to Appendix C attached to this chapter.
f.
Homeowners' association. If the open space is owned and maintained
by a Homeowners' association, the developer shall file a declaration
of covenants and restrictions that will govern the Association, to
be submitted with the application for the preliminary approval. The
provisions shall include, but are not necessarily limited to, the
following:
1.
The Homeowners' association must be established before the homes
are sold.
2.
Membership must be mandatory for each homebuyer and any successive
buyer.
3.
The open space restrictions must be permanent, not just for a period
of years.
4.
The Association must be responsible for liability insurance, local
taxes, and the maintenance for recreational and other facilities.
5.
Homeowners must pay their pro rata share of the cost; the assessment
levied by the Association can become a lien on the property if allowed
in the master deed establishing the Homeowners' association.
6.
The Association must be able to adjust the easement to meet changed
needs.
g.
Maintenance of Open Space.
1.
In the event that a non-municipal organization with the responsibility
for the open space fails to maintain it in reasonable order and condition,
the Township Committee may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the open space in reasonable
condition, and the notice shall include a demand that the deficiencies
of maintenance be remedied within 35 days thereof and shall state
the date and place of a hearing thereon which shall be held within
15 days of the notice.
2.
At such hearing, the Township Committee may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days' within which they shall be remedied.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within 35 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same, may enter and maintain such land for a period of one year.
Said entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration date of said year,
the Township Committee shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township Committee, at which hearing such organization and
the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township Committee shall determine that
the organization is ready and able to maintain the open space in reasonable
condition, the Township shall cease to maintain the open space at
the end of the year. If the Township Committee shall determine that
the organization is not ready and able to maintain the open space
in a reasonable condition, the Township may, in its discretion, continue
to maintain the open space during the next succeeding year, subject
to a similar hearing and determination, in each year thereafter. The
decision of the municipal body or officer in any such case shall constitute
a final administrative decision subject to judicial review.
3.
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien and shall become a lien and tax
on the properties and be added to and be a part of the taxes to be
levied and assessed thereon, and shall be enforced and collected with
interest by the same officers and in the same manner as other taxes.
h.
Buffering. In addition to the requirements of this section the applicant
may be required to provide buffering at the periphery of a site by
means of planting easements, berms, etc.
[Ord. No. 00-16 § II; Ord. No. 00-26 § II]
Section 35-4-8.6 of this chapter provides for lot size averaging under certain conditions within the R-170 Zone. This form of development allows for the use of lot size averaging in wooded areas. In order to be considered as a wooded area, a minimum of 80% of the houses shall be built in the wooded areas of the tract. The lot count shall be based on a conventional subdivision plan showing lots at a minimum size required for the R-170 Zone and conforming in all respects to the provisions of this chapter. Once the lot count is established based on that plan, the development shall have a minimum lot size in accordance with the R-130 Zone and shall meet all other yard and building requirements set forth for the R-130 Zone in the Schedule of Area, Yard and Building Requirements. The overall tract shall be divided into lots and there shall be no common space.
In the event that a parcel does not meet the criteria for "Woodsy
Lane" Development set forth in this subsection but does not contain
sufficient woodlands so that 40% of the houses can be built in wooded
areas, the Board may, by a majority of the full authorized membership
thereof, allow "Woodsy Lane" Development if it finds that this waiver
is in the public interest and that the applicant will provide adequate
screening, buffering and extra tree plantings in open areas to meet
Township design standards.
[Ord. No. 03-24 § III]
Purpose: The purpose of the RU-P zoning district is to maintain
the rural character of the Township; to promote the preservation of
the open space and farmland areas of Millstone Township; and to minimize
the impact of new development on natural resources and rural features
of the community. Within the zone are large areas of farmland, prime
agricultural soils, and open space. A further purpose of the zone
is to promote the vision and policies of the State Development and
Redevelopment Plan for the State's rural environmentally sensitive
planning area in western Monmouth County as well as to support the
implementation of the Monmouth County Farmland Preservation Plan and
Program for the Farmland Preservation Areas of Millstone. The RU-P
zone protects the environment by supporting the preservation of environmentally
sensitive features such as freshwater wetlands, steep slopes, stream
corridors, forests, and wildlife habitat areas including the Assunpink
Wildlife Management Area.
[Ord. No. 03-24 § III]
The following uses are permitted as a matter of right in this
zone:
a.
Farms and farm buildings.
b.
Nonfarm stables housing horses for private use provided no building
or enclosure shall be located within the front yard or 50 feet of
any other property line.
c.
Detached dwellings.
d.
Family day care homes in accordance with N.J.S.A. 40:55D-66.5b.
e.
Public playgrounds, conservation areas, and parks and open space.
f.
Township public purpose uses including firehouses and rescue squad
buildings.
[Ord. No. 03-24 § III; Ord. No. 2015-08 § 2]
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, tennis courts, swimming pools and other customary
accessory uses and structures which are customary uses and structures
incidental to a permitted single-family detached unit.
c.
Accessory uses normally incidental to a permitted farm operation,
including the following:
d.
Signs which are incidental to a permitted use and which meet the
restrictions of the Sign Ordinance of the Township.
e.
Off-street parking space which is incidental to a permitted use and
which is consistent with the restrictions of Article 7.
f.
Private storage sheds, detached garages, storage barns and other customary accessory buildings on a single-family residential lot provided they comply with the accessory building setback requirements in § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", and the size limitations specified in § 35-4-9.11.
[Ord. No. 03-24 § III]
The following uses may be permitted as conditional uses after
application to and approval of the Township Planning Board:
a.
Public utility installations subject to the standards and conditions
set forth in Article 6.
b.
Golf courses on tracts of 100 or more acres and subject to the standards
and conditions set forth in Article 6.
c.
Quasi-public buildings and facilities but excluding social clubs,
subject to the standards and conditions set forth in Article 6.
d.
Veterinary clinics and hospitals, the services of which are related
to the agricultural activities in the Township, subject to standards
and conditions set forth in Article 6.
[Ord. No. 03-24 § III]
The following restrictions shall apply to all uses in this zone:
a.
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
10 acres
|
|
Minimum Lot Width/Frontage
|
250 feet
|
|
Minimum Front Yard Setback
|
75 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Combined Side Yard Setback
|
100 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Minimum Accessory Building Side Yard and Rear Yard Setback
|
20 feet and 25 feet respectively, except as otherwise specified
in this article
|
|
Maximum Building Height
|
40 feet and 3 stories
|
|
Maximum Lot Coverage
|
10%
|
|
Maximum Percent Building Coverage
|
8%
|
b.
Minor Subdivision of Existing Lots Less than 20 Acres in Area. A
single lot in the R-UP zone which is more than 10 acres but less than
20 acres in area shall be permitted a minor subdivision for the creation
of not more than two lots (one new lot plus the remainder of the original
lot) provided that:
1.
The lot to be subdivided is an isolated lot that conformed to the
requirements of the zone in effect immediately prior to enactment
of the RU-P zone, and there is no other contiguous lot in the same
ownership; and
2.
No other contiguous land in the same ownership adjoined the lot at
the time of the effective date of the amendment establishing the R-UP
zone; and
3.
Each of the two lots to be created by the minor subdivision will
conform to and can be developed in accordance with the area, yard
and bulk requirements of the zone district in effect immediately prior
to the effective date of the amendment establishing the R-UP zone;
and
4.
Each of the two lots will adhere to use requirements of the R-UP
zone district.
[Ord. No. 03-24 § III]
The purpose of this subsection is to provide an alternative
design technique in the RU-P district to promote the goals of the
Master Plan. The overall planning for a tract may better respond to
the intent and purpose of the Master Plan to protect the environment,
preserve farmland, conserve open space, and maintain the rural character
of the area if flexibility in the design of a subdivision is permitted.
In particular, the Master Plan principles, objectives, and policies
may be better addressed if some modification of the minimum lot size
requirement is allowed, provided the overall intensity of permitted
development is no greater than the maximum number of lots that would
result from a conforming conventional development of 10 acre lots.
a.
Within the RU-P district, the Planning Board may approve the varying
of lot areas and dimensions, and yards and setbacks otherwise required
by the development regulations of the zone district in such a way
that the average lot areas and dimensions, yards and setbacks within
the subdivision conform to the conventional norms of the RU-P zone
district except that the minimum lot area required shall be three
acres, and further provided that no dimension, yard, setback, or other
dimensional requirement shall be less than the minimum requirements
of the R-80 Residential zone district.
|
Zone District
|
Minimum Permissible Lot Size
(acres)
|
Average Lot Size Required
(acres)
|
|---|---|---|
|
RU-P (Rural Preservation)
|
3
|
10
|
b.
Lot size averaging is permitted in the RU-P zone district for the
subdivision of a tract of land that is 20 acres or greater in area.
c.
Maximum Permitted Number of Lots. The use of lot size averaging in
a subdivision plan shall not result in a greater number of lots than
would result if a parcel were developed as a fully conforming conventional
subdivision of lots. For purposes of determining the maximum number
of lots permitted under lot size averaging, the applicant shall submit
a lot yield map of a conforming conventional subdivision layout. The
conforming lot yield map shall be in a sufficient detail to permit
the Planning Board to make an informed decision that the subdivision
satisfies all ordinance requirements and would be approvable by the
Planning Board as a conventional subdivision without the need for
any lot area or lot dimension variances or exceptions to subdivision
design standards. The number of lots shown on an accepted lot yield
map shall be the maximum number of lots permitted for subdivision
under lot size averaging.
d.
Design Criteria. Lot size averaging will be permitted where the Planning
Board determines that the resource conservation and/or farmland preservation
goals and objectives of the Master Plan are better served by the lot
size averaging plan than by a conventional plan for development. The
applicant shall demonstrate to the Planning Board that the lot size
averaging plan is clearly preferable to the conventional plan with
respect to achieving the principles, objectives, and policies of the
Millstone Township Master Plan. Factors to be considered in this demonstration
include, but are not limited to, stream corridor and wetlands preservation,
steep slope protection, agricultural retention, preservation of forests
and woodlands, preservation of habitat for native flora and fauna,
protection of scenic views, protection of landmarks, reduction in
site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces or farmland on neighboring parcels.
e.
Minimum Lot Area. The minimum lot area may be reduced to the minimum
permissible lot size for lot size averaging, provided that the average
lot area in the development shall be at least the conventional lot
size required for the RU-P zone, and, further provided, that the total
number of lots shall be no greater than the maximum permitted number
of lots established in the lot yield map accepted by the Planning
Board.
f.
Deed Restrictions. Each lot that is part of a lot averaging plan
shall be permanently deed restricted from any future subdivision of
that lot. When only a portion of a tract is to be developed in a lot
averaging plan, deed restrictions against further subdivision shall
be required only for the portion of the tract devoted to the lot averaging
plan.
[Ord. No. 03-24 § III; Ord. No. 03-26; Ord. No.
05-26 § 1; Ord. No. 05-33 § I; Ord. No. 10-12 § V]
a.
Purpose. The basic purpose of permitting the development of farmland/open
space conservation clusters is to provide and encourage a method of
creating imaginatively designed single-family residential environments
which, at the same time, preserve and safeguard desirable and appropriate
agricultural lands, open spaces, treed areas, endangered or threatened
species habitat, existing streetscapes, steep slopes, floodplains,
wetlands, wetlands transitional areas, stream corridors and scenic
vistas by permitting the reduction of lot sizes and be providing a
density bonus.
b.
Location and Size. Farmland/open space conservation clusters are
permitted as optional development alternatives within the RU-P Rural
Preservation zoning district on overall tracts of land at least 80
acres in area; however, in order to provide equity to owners of relatively
small parcels of land, the cluster option permits the overall 80 acre
tract of land to be either a single contiguous land area of at least
80 acres or, alternatively, the tract can consist of more than one
individual parcel of land, provided that at least two parcels each
contain at least 30 acres of land area and provided further that no
parcel contains less than 10 acres of land area.
c.
Maximum Number of Dwelling Units Permitted. The maximum number of single-family detached dwelling units permitted in a farmland/open space conservation cluster is the base number of dwelling units that otherwise could be developed on the subject tract of land if the tract were developed as a conventional development in conformance with the zoning regulations set forth for detached dwellings in § 35-5-6A.4 of this ordinance hereinabove (e.g., ten acre lots) are in conformance with other applicable provisions of this Land Use and Development Regulations Ordinance, with no variances or waivers necessary, plus a bonus of 30% additional lots, rounded to nearest whole number.
d.
Schematic By-Right Subdivision Plan. In order to determine the base number of lots permitted to be developed within a farmland/open space conservation cluster, the applicant must submit a Schematic By-Right Subdivision Plan to the Planning Board, indicating the number of lots that could be developed on the overall tract of land in conformance with the zoning regulations set forth for detached dwellings in § 35-5-6A.4 of this ordinance hereinabove (e.g., ten-acre lots) and in conformance with other applicable provisions of this Land Use and Development Regulations Ordinance, with no variances or waivers necessary.
1.
In addition to being 10 acres in size, in accordance with § 35-4-4.7 of this ordinance, each lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:
(a)
The contiguous one acre area must not contain any freshwater
wetlands, wetlands transitional buffers, one-hundred-year floodplains,
detention or retention basins, topographic slopes 15% or greater and/or
any stream corridor buffers required by the Delaware & Raritan
Canal Commission, Millstone Township, Monmouth County and/or by the
State of New Jersey.
(b)
The contiguous one acre area must be determined by the Township
Engineer to be appropriately situated for the location and construction
of the principal building and its appurtenances, including customary
accessory uses and both the septic system and any potable water well
serving the lot. More specifically, the Township Engineer shall determine
that the contiguous one acre area is of sufficient dimension and location
within the required setback requirements that the principal building
and its accessory uses can be constructed without variances.
(c)
The area must be shaped to permit the inscription of either
a circle with a diameter of at least 200 feet within its bounds or,
alternatively, with a rectangle at least 150 feet in width and length
and with an area of at least 3/4 of an acre or 32,670 square feet
(it is noted that the circle will be approximately 21,416 square feet,
which is relatively close to 3/4 of an acre or 32,670 square feet
in area).
2.
As may be requested by the Planning Board, the applicant may be required
to submit additional data supporting the probability that a lot or
lots shown on the schematic test subdivision plan could be constructed
upon, including, for example, either basin flood or pit bail soil
permeability tests and depth to mottling measurements, and other information
related to the ability of a proposed lot or lots to support a septic
system and a potable water well.
3.
Once the number of lots that could be developed in accordance with
a conventional subdivision plan is determined by the Planning Board
from the Schematic By-Right Subdivision Plan, a density bonus of an
additional 30%, rounded to the nearest whole number, shall be added
to the number of lots so determined by the Planning Board.
4.
The final number of lots so calculated with the density bonus shall
be voted upon and approved by a majority of a quorum of the Planning
Board, and the approved number of lots shall be the maximum number
of lots that will be considered for development as part of a farmland/open
space conservation cluster.
5.
Regarding a farmland/open space conservation cluster designed to
preserve farmland, an additional farmstead house will be permitted
to be developed on the deed restricted farmland if the deed restricted
farmland remains in private ownership.
6.
The final number of residential lots shall then be designed by the applicant in a clustered format, in accordance with the design provisions included with § 35-5-6A.6e of this ordinance hereinbelow, or no more than 30% of the overall tract area, with the remaining lands deed restricted in perpetuity as farmland and/or open space in accordance with the provisions included within § 35-5-6A.6f of this ordinance, also hereinbelow; provided, however, if the applicant can not provide a plan providing for the maximum lots permitted within 30% of the overall tract, the Planning Board may increase the permitted use to 35% of the overall tract, provided such increase will advance the purpose of this ordinance.
e.
Design Provisions for Farmland/Open Space Conservation Clusters.
Once the maximum number of lots to be permitted within a farmland/open
space cluster has been determined by the Planning Board, the applicant
shall submit a concept plan of the proposed development in accordance
with the following design criteria for review and approval by the
Planning Board:
1.
The design of a farmland/open space conservation cluster shall be
in accordance with an overall design theme to be indicated in writing
by the applicant, and the plans shall first identify the portions
of the tract to be preserved and safeguarded, including agricultural
lands, open spaces, treed areas, endangered or threatened species
habitat, existing streetscapes, steep slopes, floodplains, wetlands,
wetlands transitional areas, stream corridors and scenic vistas;
2.
The residential lots within a farmland/open space conservation cluster
shall be located secondarily and in consideration of the portions
of the tract to be preserved; therefore, the lots might appropriately
be separated from one another and located in various portions of the
tract rather than being clustered together;
3.
Residential lots shall be located within those portions of the tract not obviously visible from existing public roads unless the Planning Board finds that such locations would otherwise advance the purpose of these ordinance provisions (§ 35-5-6A.6a);
4.
Unless specifically approved by the Planning Board, whether because there is no practical alternative and/or because the resulting layout will advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a), no residential lot shall abut any existing public street;
5.
Each residential lot within a farmland/open space conservation cluster shall be at least two acres (87,120 square feet) in size and shall meet both the minimum yard and the building requirements specified in § 35-5-8.4 of this ordinance for the R-80 Rural Residential zoning district as well as the contiguous one acre lot area requirements specified in § 35-4-4.7 of this ordinance;
6.
A densely planted buffer at least 50 feet in width shall be required
to be planted in a conservation easement along the frontage of any
existing roadway abutting any portion of the tract being developed
with housing; the buffer may be required to include a berm.
(a)
Moreover, in the case of a farmland/open space conservation
cluster designed to preserve farmland, a densely planted buffer of
25 feet in width is required to be located between any residential
lot and any farmland to be preserved, except that this provision shall
not apply to any permitted farmstead house.
(b)
Whenever a required buffer area/conservation easement is located
within a residential lot, the required width of the buffer area shall
be in addition to the required lot size and yard setback; and
7.
The farmland/open space conservation cluster shall not include any hardship variances under N.J.S.A. 40:55D-70c.(1), but may include variances under N.J.S.A. 50:55D-70c.(2) when the Planning Board finds that a deviation from a zoning requirement would advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a) and that the benefits of the deviation would substantially outweigh any detriment.
|
Should the Planning Board determine that a submitted concept plan does not meet the design criteria noted hereinabove, the applicant shall revise the concept plan as required by the Board. Once the Planning Board has informally approved a concept plan, the applicant may proceed to prepare and submit a formal application for preliminary major subdivision approval and, at the same time or thereafter, a formal application for final major subdivision approval, each in accordance with the applicable provisions specified within Article 9 of these Land Use and Development Regulations, including all approvals by the Township Board of Health for the lots to be built upon.
|
f.
Provisions for Set Aside Farmland and Open Space Areas. At least
70% of the overall tract of land proposed for a farmland/open space
conservation cluster development shall be specifically set aside as
preserved farmland or open space.
1.
The setaside farmland and/or open space land shall have at least
50% of its area containing nor freshwater wetlands, wetlands transitional
buffers, one-hundred-year floodplains, topographic slopes 15% or greater
and/or any stream corridor buffers required by the Delaware &
Raritan Canal Commission, Millstone Township, Monmouth County and/or
by the State of New Jersey.
2.
All lands to be preserved as farmland and/or open space shall be
clearly delineated on the submitted plans and the current and any
proposed use of the subject lands also shall be indicated.
3.
Lands utilized for street rights-of-way and any surface water management
facility shall not be included as part of the land area set aside
as preserved farmland or open space.
4.
Lands already preserved as farmland or open space, whether via deed
restriction or conservation easement, or land that is the subject
of an application or contract of sale to be preserved as farmland
or open space shall not be included as part of the proposed preserved
farmland or open space area.
5.
The minimum land area required to be set aside as preserved farmland
or open space shall not be encumbered by any restrictive easements
and shall be suitable for use as farmland or open space, as the case
may be. Should there be evident concerns that the land may be environmentally
contaminated, the Planning Board may require that the applicant prepare
and submit a Phase I environmental report and, if deemed necessary,
a Phase II environmental report. Thereafter, if necessary, any contaminated
lands shall be remediated by the applicant, and no construction shall
take place anywhere on the overall tract of land until such remediation
is completed.
6.
Should the proposed development consist of a number of development
stages, the entirety of the farmland or open space acreage to be preserved
shall be provided as a condition to the final approval of the first
stage.
|
If the maximum number of allowable lots established for the
tract cannot be accommodated without the preservation of the required
farmland or open space acreage, then either a lesser number of lots
shall be proposed by the developer in order to provide the required
acreage for farmland or open space preservation, or the tract shall
not be approved for the farmland/open space conservation cluster option,
and instead, may be developed as a conventional development in accordance
with the otherwise applicable ordinance provisions.
|
g.
Disposition of the Farmland or Open Space. The applicant shall provide
mapped and written information to the Planning Board indicating the
existing and proposed ownership and use of the land area to be preserved
as farmland or open space.
1.
Any land area to be set aside as permanent farmland and/or open space
shall be offered by deed to Millstone Township.
(a)
Specifically regarding any land to be set aside as permanent
open space which is not accepted by the Township, the land shall be
deed restricted as common open space, as defined in the Municipal
Land Use Law, to be owned and maintained by an organization established
for the benefit of the homeowners within the development in accordance
with N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
(b)
Specifically regarding any land to be set aside as permanent
farmland which is not accepted by the Township, it shall, at the discretion
of the applicant, either be maintained in private ownership or the
land shall be deed restricted as common preserved farmland to be owned
and maintained by an organization established for the benefit of the
homeowners within the development in accordance with N.J.S.A. 40:55D-43
of the Municipal Land Use Law.
2.
Regarding land proposed by the applicant to be set aside as farmland
and/or open space, the Planning Board shall offer its recommendation
to the Township Committee prior to the granting or preliminary approval
as to whether or not acceptance of the farmland and/or open space
land by Millstone Township will further the goals and objectives of
the Township Master Plan and shall also offer its recommendation as
to how the farmland and/or open space land should be used. Within
45 days after receiving the recommendations from the Planning Board,
and prior to the Board granting preliminary approval to the subject
development, the Township Committee shall respond to the Board as
to whether or not the Township will accept the dedication of the farmland
and/or open space land and, if to be accepted, how the open space
lands shall be used.
3.
Any land area to be set aside as permanent farmland shall contain
a note on the final plat approved by the Planning Board to be filed
with the Monmouth County Clerk that the land area is to be preserved
as farmland, and will continue to be farmed pursuant to past, current
and future agricultural practices. The designated farmland shall have
no more than 10% of its area covered with buildings, structures and/or
other impervious surfaces, including any permitted farmstead house,
provided that if the designated farmland has more than 10% of its
area covered with buildings, structures and/or other impervious surfaces,
such buildings, structures and/or other impervious structures shall
be permitted to remain.
4.
Any preliminary approval granted by the Planning Board for a farmland/open space conservation cluster shall be conditioned upon the acreage to be preserved as farmland or open space being duly deed restricted, with monuments installed in accordance with § 35-11-13.3 of this Land Use and Development Regulations Ordinance to delineate the deed restricted area(s).
(a)
The language of the deed shall ensure that the deed restricted farmland or open space shall not be subdivided or otherwise developed with housing in the future except as permitted in Subsection d5 hereinabove, shall be used only for those purposes approved by the Planning Board, and shall be properly maintained over time. Any lands preserved for open space shall be added to the Township's Recreation and Open Space Inventory (ROSI) when next updated.
(b)
The language of the deed shall be subject to review and approval
by the Township Attorney, and the applicant shall record a deed of
such restriction with the Monmouth County Clerk once it is approved
by the Township Attorney.
(c)
No site disturbance of any kind shall be permitted for the construction
of the farmland/open space conservation cluster development until
and unless the deed restriction for the acreage to be preserved is
so recorded.
(d)
No change of use of the deed restricted farmland or open space
shall be permitted unless 85% of the households residing in the homes
approved within the farmland/open space conservation cluster and any
additional households residing within 1,000 feet of the subject farmland
or open space approved in writing of the change of use, provided that
this provision shall not be applicable to property which has been
preserved via the State's Green Acres program and/or via the Farmland
Preservation Program administered by the State Agriculture Development
Committee (SADC).
[Ord. No. 03-24 § IV]
Purpose: The purpose of the RU-C zoning district is to maintain
the rural character of the Township; to promote the preservation of
the open space and farmland areas of Millstone Township; and to minimize
the impact of new development on the natural resources and rural features
of the community. A further purpose of the zone is to promote the
vision and policies of the State Development and Redevelopment Plan
for the State's rural environmentally sensitive planning area in western
Monmouth County as well as to support the implementation of the Monmouth
County Farmland Preservation Plan and Program. The RU-C zone is characterized
by a large percentage of farmland as well as open space with environmentally
sensitive lands including freshwater wetlands, stream corridors and
floodplains.
[Ord. No. 03-24 § IV]
The following uses are permitted as a matter of right in this
zone:
a.
Farms and farm buildings.
b.
Nonfarm stables housing horses for private use provided no building
or enclosure shall be located within the front yard or 50 feet of
any other property line.
c.
Detached dwellings.
d.
Family day care homes in accordance with N.J.S.A. 40:55D-66.5b.
e.
Public playgrounds, conservation areas, and parks and open space.
f.
Township public purpose uses.
[Ord. No. 03-24 § IV; Ord. No. 2015-08 § 3]
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, tennis courts, swimming pools and other customary
accessory uses and structures which are customary uses and structures
incidental to a permitted single-family detached unit.
c.
Accessory uses normally incidental to a permitted farm operation,
including the following:
d.
Signs which are incidental to a permitted use and which meet the
restrictions of the Sign Ordinance of the Township.
e.
Off-street parking space which is incidental to a permitted use and
which is consistent with the restrictions of Article 7.
f.
Private storage sheds, detached garages, storage barns and other customary accessory buildings on a single-family residential lot provided they comply with the accessory building setback requirements in § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", and the size limitations specified in § 35-4-9.11.
[Ord. No. 03-24 § IV]
The following uses may be permitted as conditional uses after
application to and approval of the Township Planning Board:
a.
Public utility installations subject to the standards and conditions
set forth in Article 6.
b.
Golf courses subject to the standards and conditions set forth in
Article 6.
c.
Quasi-public buildings and facilities including firehouses, rescue
squad buildings, fraternal and charitable organizations and post offices
but excluding social clubs, subject to the standards and conditions
as set forth in Article 6.
d.
Veterinary clinics and hospitals, the services of which are related
to the agricultural activities in the Township, subject to standards
and conditions set forth in Article 6.
[Ord. No. 03-24 § IV]
The following restrictions shall apply to all uses in this Zone:
All restrictions set forth in Schedule of Area, Yard and Building
Requirements of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
6 acres
|
|
Minimum Lot Width/Frontage
|
250 feet
|
|
Minimum Front Yard Setback
|
75 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Combined Side Yard Setback
|
100 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Minimum Accessory Building Side Yard and Rear Yard Setback
|
20 feet and 25 feet respectively, except as otherwise specified
in this article
|
|
Maximum Building Height
|
40 feet and 3 stories
|
|
Maximum Lot Coverage
|
20%
|
|
Maximum Percent Building Coverage
|
10%
|
[Ord. No. 03-24 § IV]
The purpose of this subsection is to provide an alternative
design technique in the RU-C district to promote the goals of the
Master Plan. The overall planning for a tract may better respond to
the intent and purpose of the Master Plan to protect the environment,
preserve farmland, conserve open space, and maintain the rural character
of the area if flexibility in the design of a subdivision is permitted.
In particular, the Master Plan principles, objectives, and policies
may be better addressed if some modification of the minimum lot size
requirement is allowed, provided the overall intensity of permitted
development is no greater than the maximum number of lots that would
result from a conforming conventional development of six acre lots.
a.
Within the district, the Planning Board may approve the varying of
lot areas and dimensions, and yards and setbacks otherwise required
by the development regulations of the zone district in such a way
that the average lot areas and dimensions, yards and setbacks within
the subdivision conform to the conventional norms of the zone district
except that the minimum lot area required shall be three acres, and
further provided that no dimension, yard, setback, or other dimensional
requirement shall be less than the minimum requirements of the R-80
residential zone district.
|
Zone District
|
Minimum Permissible Lot Size
(acres)
|
Average Lot Size Required
(acres)
|
|---|---|---|
|
RU-C (Rural Conservation)
|
3
|
6
|
b.
Lot size averaging is permitted in the RU-C zone district for the
subdivision of a tract of land that is 12 acres or greater in area.
c.
Maximum Permitted Number of Lots. The use of the lot size averaging
in a subdivision plan shall not result in a greater number of lots
than would result if a parcel were developed as a fully conforming
conventional subdivision of lots. For purposes of determining the
maximum number of lots permitted under lot size averaging, the applicant
shall submit a lot yield map of a conforming conventional subdivision
layout. The conforming lot yield map shall be in a sufficient detail
to permit the Planning Board to make an informed decision that the
subdivision satisfies all ordinance requirements and would be approvable
by the Planning Board as a conventional subdivision without the need
for any lot area or lot dimension variances or exceptions to subdivision
design standards. The number of lots shown on an accepted lot yield
map shall be the maximum number of lots permitted for subdivision
under lot size averaging.
d.
Design Criteria. Lot size averaging will be permitted where the Planning
Board determines that the resource conservation and/or farmland preservation
goals and objectives of the Master Plan are better served by the lot
size averaging plan than by a conventional plan for development. The
applicant shall demonstrate to the Planning Board that the lot size
averaging plan is clearly preferable to the conventional plan with
respect to achieving the principles, objectives, and policies of the
Millstone Township Master Plan. Factors to be considered in this demonstration
include, but are not limited to, stream corridor and wetlands preservation,
steep slope protection, agricultural retention, preservation of forests
and woodlands, preservation of habitat for native flora and fauna,
protection of scenic views, protection of landmarks, reduction in
site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces or farmland on neighboring parcels.
e.
Minimum Lot Area. The minimum lot area may be reduced to the minimum
permissible lot size for lot size averaging, provided that the average
lot area in the development shall be at least the conventional lot
size required for the RU-C zone, and, further, provided, that the
total number of lots shall be no greater than the maximum permitted
number of lots established in the lot yield map accepted by the Planning
Board.
f.
Deed Restrictions. Each lot that is part of a lot averaging plan
shall be permanently deed restricted from any future subdivision of
that lot. When only a portion of a tract is to be developed in a lot
averaging plan, deed restrictions against further subdivision shall
be required only for the portion of the tract devoted to the lot averaging
plan.
[Ord. No. 03-24 § IV; Ord. No. 05-26 § 2; Ord. No. 05-33 § 1; Ord.
No. 10-12 § VI]
a.
Purpose. The basic purpose of permitting the development of farmland/open
space conservation clusters is to provide and encourage a method of
creating imaginatively designed single-family residential environments
which, at the same time, preserve and safeguard desirable and appropriate
agricultural lands, open spaces, treed areas, endangered or threatened
species habitat, existing streetscapes, steep slopes, floodplains,
wetlands, wetlands transitional areas, stream corridors and scenic
vistas by permitting the reduction of lot sizes and by providing a
density bonus.
b.
Location and Size. Farmland/open space conservation clusters are
permitted as optional development alternatives within the RU-C Rural
Preservation zoning district on overall tracts of land at least 80
acres in area; however, in order to provide equity to owners of relatively
small parcels of land, the cluster option permits the overall 80 acre
tract of land to be either a single contiguous land area of at least
80 acres or, alternatively, the tract can consist of more than one
individual parcel of land, provided that at least two parcels each
contain at least 30 acres of land area and provided further that no
parcel contains less than 10 acres of land area.
c.
Maximum Number of Dwelling Units Permitted. The maximum number of single-family detached dwelling units permitted in a farmland/open space conservation cluster in the base number of dwelling units that otherwise could be developed on the subject tract of land if the tract were developed as a conventional development in conformance with the zoning regulations set forth for detached dwellings in § 35-5-6B.4 of this ordinance hereinabove (e.g., six-acre lots) and in conformance with other applicable provisions of this Land Use and Development Regulations Ordinance, with no variances or waivers necessary, plus a bonus of 20% additional lots, rounded to nearest whole number.
d.
Schematic By-Right Subdivision Plan. In order to determine the base number of lots permitted to be developed within a farmland/open space conservation cluster, the applicant must submit a Schematic By-Right Subdivision Plan to the Planning Board, indicating the number of lots that could be developed on the overall tract of land in conformance with the zoning regulations set forth for detached dwellings in § 35-5-6B.4 of this ordinance hereinabove (e.g., six-acre lots) and in conformance with other applicable provisions of this Land Use and Development Regulations Ordinance, with no variances or waivers necessary.
1.
In addition to being six acres in size, in accordance with § 35-4-4.7 of this ordinance, each lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:
(a)
The contiguous one acre area must not contain any freshwater
wetlands, wetlands transitional buffers, one-hundred-year floodplains,
detention or retention basins, topographic slopes 15% or greater and/or
any stream corridor buffers required by the Delaware & Raritan
Canal Commission, Millstone Township, Monmouth County and/or by the
State of New Jersey.
(b)
The contiguous one acre area must be determined by the Township
Engineer to be appropriately situated for the location and construction
of the principal building and its appurtenances, including customary
accessory uses and both the septic system and any potable water well
serving the lot. More specifically, the Township Engineer shall determine
that the contiguous one acre area is sufficient dimension and location
within the required setback requirements that the principal building
and its accessory uses can be constructed without variances.
(c)
The area must be shaped to permit the inscription of either
a circle with a diameter of at least 200 feet within its bounds or,
alternatively, with a rectangle at least 150 feet in width and length
and with an area of at least 3/4 of an acre or 32,670 square feet
(it is noted that the circle will be approximately 31,416 square feet,
which is relatively close to 3/4 acre or 32,670 square feet in area).
2.
As may be requested by the Planning Board, the applicant may be required
to submit additional data supporting the probability that a lot or
lots shown on the schematic test subdivision plan could be constructed
upon, including, for example, either basin flood or pit bail soil
permeability tests and depth to mottling measurements, and other information
related to the ability of a proposed lot or lots to support a septic
system and a potable water well.
3.
Once the number of lots could be developed in accordance with a conventional
subdivision plan is determined by the Planning Board from the Schematic
By-Right Subdivision Plan, a density bonus of an additional 20%, rounded
to nearest whole number, shall be added to the number of lots so determined
by the Planning Board.
4.
The final number of lots so calculated with the density bonus shall
be voted upon and approved by a majority of a quorum of the Planning
Board, and the approved number of lots shall be the maximum number
of lots that will be considered for development as part of a farmland/open
space conservation cluster.
5.
Regarding a farmland/open space conservation cluster designed to
preserve farmland, an additional farmstead house will be permitted
to be developed on the deed restricted farmland if the deed restricted
farmland remains in private ownership.
6.
The final number of residential lots shall then be designed by the applicant in a clustered format, in accordance with the design provisions included within § 35-5-6BA.6e of this ordinance hereinbelow, on no more than 25% of the overall tract area, with the remaining lands deed restricted in perpetuity as farmland and/or open space in accordance with the provisions included within § 35-5-6A.6f of this ordinance, also hereinbelow; provided, however, if the applicant can not provide a plan providing for the maximum lots permitted within 25 of the overall tract, the Planning Board may increase the permitted use to 30% of the overall tract, provided such increase will advance the purpose of this ordinance.
e.
Design Provisions for Farmland/Open Space Conservation Clusters.
Once the maximum number of lots to be permitted within a farmland/open
space cluster has been determined by the Planning Board, the applicant
shall submit a "concept plan" of the proposed development in accordance
with the following design criteria for review and approval by the
Planning Board.
1.
The design of a farmland/open space conservation cluster shall be
in accordance with an overall design theme to be indicated in writing
by the applicant, and the plans shall first identify the portions
of the tract to be preserved and safeguarded, including agricultural
lands, open spaces, treed areas, endangered or threatened species
habitat, existing streetscapes, steep slopes, floodplains, wetlands,
wetlands transitional areas, stream corridors and scenic vistas;
2.
The residential lots within a farmland/open space conservation cluster
shall be located secondarily and in consideration of the portions
of the tract to be preserved; therefore, the lots might appropriately
be separated from one another and located in various portions of the
tract rather than being clustered together;
3.
Residential lots shall be located within those portions of the tract not obviously visible from existing public roads unless the Planning Board finds that such locations would otherwise advance the purpose of these ordinance provisions (§ 35-5-6B.6a);
4.
Unless specifically approved by the Planning Board, whether because there is no practical alternative and/or because the resulting layout will advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a), no residential lot shall abut any existing public street;
5.
Each residential lot within a farmland/open space conservation cluster shall be at least 1 1/3 acres (58,080 square feet) in size and shall meet the following minimum yard and building requirements as well as the contiguous one acre lot area requirements specified in § 35-4-4.7 of this ordinance;
|
Minimums
| |
|---|---|
|
Lot Length
|
150 feet
|
|
Lot Frontage
|
150 feet
|
|
Principal Building:
| |
|
Front Yard
|
50 feet
|
|
Rear Yard
|
50 feet
|
|
Side Yard
|
30 feet [each]
|
|
Accessory Building:
| |
|
Side Yard
|
15 feet
|
|
Rear Yard
|
15 feet
|
|
Maximums
| |
|---|---|
|
Lot Coverage
|
15%
|
|
Building Coverage
|
10%
|
|
Building Height
|
30 feet and 2-stories
|
6.
A densely planted buffer at least 50 feet in width shall be required
to be planted in a conservation easement along the frontage of any
existing roadway abutting any portion of the tract being developed
with housing; the buffer may be required to include a berm.
(a)
Moreover, in the case of a farmland/open space conservation
cluster designed to preserve farmland, a densely planted buffer of
25 feet in width is required between any residential lot and any farmland
to be preserved, except that this provision shall not apply to any
permitted farmstead house.
(b)
Whenever a required buffer area/conservation easement is located
within a residential lot, the required width of the buffer area shall
be in addition to the required lot size and yard setback; and
7.
The farmland/open space conservation cluster shall not include any hardship variances under N.J.S.A. 40:55D-70c.(1), but may include variances under N.J.S.A. 50:55D-70c.(2) when the Planning Board finds that a deviation from a zoning requirement would advance the stated purpose of these ordinance provisions (§ 35-5-6B.6a) and that the benefits of the deviation would substantially outweigh any detriment.
|
Should the Planning Board determine that a submitted concept plan does not meet the design criteria noted hereinabove, the applicant shall revise the concept plan as required by the Board. Once the Planning Board has informally approved a concept plan, the applicant may proceed to prepare and submit a formal application for preliminary major subdivision approval and, at the same time or thereafter, a formal application for final major subdivision approval, each in accordance with the applicable provisions specified within Article 9 of these Land Use and Development Regulations, including all approvals by the Township Board of Health for the lots to be built upon.
|
f.
Provisions for Set Aside Farmland and Open Space Area. At least 75%
of the overall tract of land proposed for a farmland/open space conservation
cluster development shall be specifically set aside as preserved farmland
or open space.
1.
The setaside farmland and/or open space land shall have at least
50% of its area containing no freshwater wetlands, wetlands transitional
buffers, one-hundred-year floodplains, topographic slopes 15% or greater
and/or any stream corridor buffers required by the Delaware &
Raritan Canal Commission, Millstone Township, Monmouth County and/or
by the State of New Jersey.
2.
All lands to be preserved as farmland and/or open space shall be
clearly delineated on the submitted plans and the current and any
proposed use of the subject lands also shall be indicated.
3.
Lands utilized for street rights-of-way and any surface water management
facility shall not be included as part of the land area set aside
as preserved farmland or open space.
4.
Lands already preserved as farmland or open space, whether via deed
restriction or conservation easement, or land that is the subject
of an application or contract of sale to be preserved as farmland
or open space shall not be included as part of the proposed preserved
farmland or open space area.
5.
The minimum land area required to be set aside as preserved farmland
or open space shall not be encumbered by any restrictive easements
and shall be suitable for use as farmland or open space, as the case
may be. Should there be evident concerns that the land may be environmentally
contaminated, the Planning Board may require that the applicant prepare
and submit a Phase I environmental report and, if deemed necessary,
a Phase II environmental report. Thereafter, if necessary, any contaminated
lands shall be remediated by the applicant.
6.
Should the proposed development consist of a number of development
stages, the entirety of the farmland or open space acreage to be preserved
shall be provided as a condition to the final approval of the first
stage.
|
If the maximum number of allowable lots established for the
tract cannot be accommodated without the preservation of the required
farmland or open space acreage, then either a lesser number of lots
shall be proposed by the developer in order to provide the required
acreage for farmland or open space preservation, or the tract shall
not be approved for the farmland/open space conservation cluster option
and, instead, may be developed as a conventional development in accordance
with the otherwise applicable ordinance provisions.
|
g.
Disposition of the Farmland or Open Space. The applicant shall provide
mapped and written information to the Planning Board indicating the
existing and proposed ownership and use of the land area to be preserved
as farmland or open space.
1.
Any land area to be set aside as permanent farmland and/or open space
shall be offered by deed to Millstone Township.
(a)
Specifically regarding any land to be set aside as permanent
open space which is not accepted by the Township, the land shall be
deed restricted as common open space, as defined in the Municipal
Land Use Law, to be owned and maintained by an organization established
for the benefit of the homeowners within the development in accordance
with N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
(b)
Specifically regarding any land to be set aside as permanent
farmland which is not accepted by the Township, it shall, at the discretion
of the applicant, either be maintained in private ownership or the
land shall be deed restricted as common preserved farmland to be owned
and maintained by an organization established for the benefit of the
homeowners within the development in accordance with N.J.S.A. 40:55D-43
of the Municipal Land Use Law.
2.
Regarding land proposed by the applicant to be set aside as farmland
and/or open space, the Planning Board shall offer its recommendation
to the Township Committee prior to the granting of preliminary approval
as to whether or not acceptance of the farmland and/or open space
land by Millstone Township will further the goals and objectives of
the Township Master Plan and shall also offer its recommendation as
to how the farmland and/or open space land should be used. Within
45 days after receiving the recommendations from the Planning Board,
and prior to the Board granting preliminary approval to the subject
development, the Township Committee shall respond to the Board as
to whether or not the Township will accept the dedication of the farmland
and/or open space land and, if to be accepted, how the open space
lands shall be used.
3.
Any land area to be set aside as permanent farmland shall contain
a note on the final plat approved by the Planning Board to be filed
with the Monmouth County Clerk that the land area is to be preserved
as farmland, and will continue to be farmed pursuant to past, current
and future agricultural practices. The designated farmland shall have
no more than 10% of its area covered with buildings, structures and/or
other impervious surfaces, including any permitted farmstead house,
provided that if the designated farmland has more than 10% of its
area covered with buildings, structures and/or other impervious surfaces,
such buildings, structures and/or other impervious surfaces shall
be permitted to remain.
4.
Any preliminary approval granted by the Planning Board for a farmland/open space conservation cluster shall be conditioned upon the acreage to be preserved as farmland or open space being duly deed restricted, with monuments installed in accordance with § 35-11-13.3 of this Land Use and Development Regulations Ordinance to delineate the deed restricted area(s).
(a)
The language of the deed shall ensure that the deed restricted farmland or open space shall not be subdivided or otherwise developed with housing in the future except as permitted in Subsection d5 hereinabove, shall be used only for those purposes approved by the Planning Board, and shall be properly maintained over time. Any lands preserved for open space shall be added to the Township's Recreation and Open Space Inventory (ROSI) when next updated.
(b)
The language of the deed shall be subject to review and approval
by the Township Attorney, and the applicant shall record a deed of
such restriction with the Monmouth County Clerk once it is approved
by the Township Attorney.
(c)
No site disturbance of any kind shall be permitted for the construction
of the farmland/open space conservation cluster development until
and unless the deed restriction for the acreage to be preserved is
so recorded.
(d)
No change of use of the deed restricted farmland or open space
shall be permitted unless 85% of the households residing in the homes
approved within the farmland/open space conservation cluster and any
additional households residing within 1,000 feet of the subject farmland
or open space approved in writing of the change of use, provided that
this provision shall not be applicable to property which has been
preserved via the State's Green Acres program and/or via the Farmland
Preservation Program administered by the State Agriculture Development
Committee (SADC).
[Ord. No. 96-16]
Purpose: The R-130 zoning district is intended to permit low
density residential, general agricultural, nurseries, and horse farms.
The R-130 zoning district is intended to protect the sensitive environmental
features identified in the R-170 zoning district. Options for "Woodsy
Lane" and "Variable Density" development are provided within the zone.
[Ord. No. 98-02 § I]
The following uses are permitted as a matter of right in this
Zone:
a.
Detached dwellings.
b.
Farms and farm buildings.
c.
Nonfarm stables housing horses for private use provided no building
or enclosure shall be located within the front yard or 50 feet of
any other property line.
d.
Family day care homes in accordance with N.J.S.A. 40:55D-66.5b.
e.
Public and quasi-public outdoor park and recreational facilities
owned and/or controlled by a governmental entity including tennis
courts, ball fields and other field sports provided such facilities
contain a minimum of 15 acres and have a minimum frontage of 400 feet
on an arterial road as defined in the Millstone Township Master Plan.
[Ord. No. 2015-08 § 4]
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, tennis courts, swimming pools and other customary
accessory uses and structures which are customary uses and structures
incidental to a permitted single-family detached unit.
c.
Accessory uses normally incidental to a permitted farm operation,
including the following:
d.
Signs which are incidental to a permitted use and which meet the
restrictions of the Sign Ordinance of the Township.
e.
Off-street parking space which is incidental to a permitted use and
which is consistent with the restrictions of Article 7.
f.
Private storage sheds, detached garages, storage barns and other customary accessory buildings on a single-family residential lot provided they comply with the accessory building setback requirements in § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", and the size limitations specified in § 35-4-9.11.
[Ord. No. 96-15, Ord. No. 96-16]
The following uses may be permitted as conditional uses after
application to and approval of the Township Planning Board:
a.
Public utility installations subject to the standards and conditions
set forth in Article 6.
b.
Golf courses subject to the standards and conditions set forth in
Article 6.
c.
Hospitals, subject to the standards and conditions set forth in Article
6.
d.
Quasi-public buildings and facilities for group assemblies, including
patriotic societies, lodges, veterans' organizations, fraternal and
charitable organizations but excluding social clubs, subject to the
standards and conditions set forth in Article 6.
e.
Veterinary clinics and hospitals, the services of which are related
to the agricultural activities in the Township, subject to the standards
and conditions set forth in Article 6.
[Ord. No. 00-16 § III; Ord. No. 00-26 § III]
The following restrictions shall apply to all uses in this Zone:
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
| |
|---|---|---|
|
Minimum Lot Area
|
(a)
|
130,000 square feet
|
|
(b)
|
Major Subdivision lots approved after June 21, 2000 - 3 acres
| |
|
Minimum Lot Width/Frontage
|
250 feet
| |
|
Minimum Front Yard Setback
|
75 feet
| |
|
Minimum Side Yard Setback
|
40 feet
| |
|
Minimum Combined Side Yard Setback
|
100 feet
| |
|
Minimum Rear Yard Setback
|
75 feet
| |
|
Minimum Accessory Building Side and Rear Yard Setback
|
20 feet and 25 feet respectively, except as otherwise specified
in this article
| |
|
Maximum Building Height
|
40 feet and 3 stories
| |
|
Maximum Lot Coverage
|
20%
| |
|
Maximum Percent Building Coverage
|
10%
| |
"Woodsy Lane" Development Requirements: Notwithstanding anything to the contrary set forth above, no subdivision shall be allowed of any lot or lots within a development previously approved pursuant to § 35-5-7.6 if such subdivision would result in any of the bulk requirements set forth in § 35-5-7.6 being violated, unless appropriate relief is granted by the Planning Board.
[Ord. No. 97-17; Ord. No. 00-16, § III; Ord. No. 00-26, § III; Ord. No. 01-04, III]
a.
Purpose. The purpose of this subsection is to provide flexibility
in residential design, encourage energy conservation through flexibility
in building orientation, reduce residential development costs, and
provide a method of preserving land for agriculture, open space, common
property, conservation, recreation, parks and other amenities benefiting
neighborhood residents and/or the public at large by permitting a
reduction in residential lot size without increasing the number of
lots or permitted number of dwelling units.
b.
Variable Density Developments. Variable density developments may
be approved provided:
1.
The tract size shall be a minimum of 18 acres.
2.
The number of dwelling units shall not exceed that which would be
permitted with no variances for a conventional subdivision in the
R-130 Zone.
3.
The lots meet the requirements of the R-80 District, except lot width
shall be a minimum of 175 feet on new streets only.
4.
Land equal in area to a minimum of 30% of the tract's total land area shall be set aside separate from residential lots for the uses set forth in § 35-5-7.5a above, singly or in combination. The 30% area shall be reserved with appropriate deed restrictions or conservation easements to assure their continued use for agriculture, open space, conservation, recreation, parks and other amenities for the neighborhood and/or the public at large.
5.
Unless otherwise approved by the Planning Board, the land to be set
aside shall be in one parcel, but in no event shall any parcel be
less than five acres in size.
6.
As part of the Statement of Environmental Impact and Assessment submitted
in the application, the developer shall include an analysis of the
parcels surrounding the subject property. Such analysis shall examine
whether the dedicated lands in the subject parcel should be located
so as to be linked to the adjacent parcels for purposes such as preservation
of prime agricultural lands or wooded areas.
7.
No more than a total of 25% of the land set aside shall be in any combination of: floodplains, designated wetlands areas, wetlands transition areas, utility rights-of-way, areas previously dedicated for public or private use, areas with a slope of 15% or greater, environmental constraints in accordance with § 35-9-5, and land that is deed restricted and/or within conservation types of easements at the time an application is approved by the Board to permit use of the variable density option. No portion of the lands may be utilized for detention basins or other drainage improvements that may be required of the applicant as a condition of approval.
8.
As a general principle, open space should be left in its natural
state. A developer may make certain improvements such as the cutting
of trails for walking or jogging, or the provision of picnic areas,
etc. In addition, the Planning Board may require a developer to make
other improvements such as removal of dead or diseased trees; thinning
of trees or other vegetation to encourage more desirable growth; grading
and seeding; and drainage.
9.
The Planning Board may permit minor deviation from open space standards
when it can be determined that:
10.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Municipal Attorney
that ensure that:
(a)
The open space area will not be further subdivided in the future.
(b)
The use of the open space will continue in perpetuity for the
purposes specified.
(c)
Appropriate provisions are made for the maintenance of the open
space.
(d)
Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
(e)
Such covenants shall run to the benefit of all adjacent property
owners and to the municipality and shall be enforceable by the Township.
c.
Approval Requirements. Same as R-170.
d.
Open Space Ownership. Same as R-170.
e.
Municipal or Public Ownership. Same as R-170.
f.
Homeowners' association. Same as R-170.
g.
Maintenance of Open Space. Same as R-170.
h.
Buffering. Same as R-170.
[Ord. No. 00-16, § III; Ord. No. 00-26, § III]
Section 35-4-8.6 of this chapter provides for lot size averaging under certain conditions within the R-170 and R-130 Zone. This form of development allows for the use of lot size averaging in wooded areas. In order to be considered as a wooded area, a minimum of 80% of the houses shall be built in the wooded areas of the tract. The lot count shall be based on a conventional subdivision plan showing lots a minimum size required for the R-130 Zone and conforming in all respects to the provisions of this chapter. Once the lot count is established based on that plan, the development shall have a minimum lot size of 100,000 square feet and shall meet all other yard and building requirements set forth for the R-130 Zone in the Schedule of Area, Yard and Building Requirements. The overall tract shall be divided into lots and there shall be no common space.
In the event that a parcel does not meet the criteria for "Woodsy
Lane" Development set forth in this subsection but does not contain
sufficient woodlands so that 40% of the houses can be built in wooded
areas, the Board may, by a majority of the full authorized membership
thereof, allow "Woodsy Lane" Development if it finds that this waiver
is in the public interest and that the applicant will provide adequate
screening, buffering and extra tree plantings in open areas to meet
Township design standards.
[Added 3-18-2020 by Ord. No. 20-07]
Pursuant to Article 4, § 35-4-1.6, municipally sponsored affordable housing construction is a permitted use in all zoning districts in the Township. The following Schedule of Area, Yard and Building Requirements shall apply to the development of municipally sponsored affordable construction in the R-130 Rural Residential Zone District:
|
Regulation
|
Requirement
|
|---|---|
|
Single-family detached development
| |
|
Minimum Lot Area
|
6,000 square feet
|
|
Minimum Lot Width/Frontage
|
50 feet
|
|
Principal Building Setbacks
| |
|
Front
|
35 feet
|
|
Rear
|
20 feet
|
|
Each Side
|
10 feet
|
|
Total Sides
|
20 feet
|
|
Accessory Building Setbacks
| |
|
Side
|
5 feet
|
|
Rear
|
5 feet
|
|
Maximum Lot Coverage
|
50%
|
|
Maximum Building Coverage
|
25%
|
|
Maximum Height
| |
|
Feet
|
30 feet
|
|
Stories
|
2
|
|
Multifamily development
| |
|
Minimum Lot Area
|
30,000 square feet
|
|
Minimum Lot Width/Frontage
|
75 feet
|
|
Principal Building Setbacks
| |
|
Front
|
50 feet
|
|
Rear
|
20 feet
|
|
Each Side
|
10 feet
|
|
Total Sides
|
20 feet
|
|
Accessory Building Setbacks
| |
|
Side
|
5 feet
|
|
Rear
|
5 feet
|
|
Maximum Lot Coverage
|
50%
|
|
Maximum Building Coverage
|
30%
|
|
Maximum Height
| |
|
Feet
|
30
|
|
Stories
|
2
|
[Ord. No. 96-16]
Purpose: The R-80 Zoning District is intended to provide for
moderate density, rural residential development in developed portions
of the Township and infill areas within existing R-80 development
areas. The primary purpose of the R-80 Zoning District is to provide
for single-family detached dwelling units on individual lots with
on-site septic disposal systems and individual wells.
The following uses are permitted as a matter of right in this
Zone:
The following uses are permitted in conjunction with a permitted principal use: Same as specified for the R-130 Zone. (See § 35-5-7.2 of this chapter.)
The following uses may be permitted as conditional uses after application to and approval of the Township Planning Board: Same as specified for the R-130 Zone. (See § 35-5-7.3.)
[Ord. No. 00-16, § IV; Ord. No. 00-26, § IV]
The following restrictions as set forth in the Schedule of Area,
Yard and Building Requirements of this chapter and as specifically
detailed below:
|
Regulation
|
Requirement
| |
|---|---|---|
|
Minimum Lot Area
|
(a)
|
80,000 square feet
|
|
(b)
|
Major Subdivision lots approved after June 21, 2000 —
2 acres
| |
|
Minimum Lot Width/Frontage
|
200 feet
| |
|
Minimum Front Yard Setback
|
50 feet
| |
|
Minimum Side Yard Setback
|
30 feet
| |
|
Minimum Combined Side Yard Setback
|
60 feet
| |
|
Minimum Accessory Building Side and Rear Yard Setback
|
15 and 20 feet, respectively
| |
|
Minimum Rear Yard Setback
|
50 feet
| |
|
Maximum Height
|
35 feet; 2 stories
| |
|
Maximum Percent Lot Coverage
|
20%
| |
|
Maximum Percent Building Coverage
|
10%
| |
"Woodsy Lane" Development Requirements: Notwithstanding anything to the contrary set forth above, no subdivision shall be allowed of any lot or lots within a development previously approved pursuant to § 35-4-8.5 if such subdivision would result in any of the bulk requirements set forth in § 35-4-8.5 being violated, unless appropriate variance relief is granted by the Planning Board.
Section 35-4-8.6 provides for lot size averaging under certain conditions within the R-80 Zone. This form of development allows for the use of lot size averaging in wooded areas. The development shall have a minimum lot size of 100,000 square feet, an average lot size of 120,000 square feet, a minimum width of 250 feet, and shall meet all other yard and building requirements set forth for the R-80 Zone in the Schedule of Area, Yard and Building Requirements. The overall tract shall be divided into lots and there shall be no common open space.
All uses permitted in this Zone shall conform to the following
additional requirements:
[Ord. No. 96-16]
Purpose: The R-20 zoning district, located at Perrineville and
Baird Roads, reflects the existing development of 38 dwellings on
20,000 to 30,000 square foot lots. No new R-20 zoning districts and
no expansion of the existing R-20 zoning district are proposed due
to development constraints from on-site septic waste disposal systems
and individual wells. The zoning district incorporates existing regulations.
The following uses are permitted as a matter of right in this
Zone:
[Ord. No. 2015-08 § 5]
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, tennis courts, swimming pools and other customary
accessory uses and structures which are customary uses and structures
incidental to a permitted single-family detached unit.
b.
Private storage sheds, detached garages, storage barns and other customary accessory buildings on a single-family residential lot provided they comply with the accessory building setback requirements in § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", and the size limitations specified in § 35-4-9.11.
d.
Signs which are incidental to permitted use and which meet the restrictions
of the Sign Ordinance of the Township.
e.
Off-street parking which is incidental to a permitted use and which
is consistent with the restrictions of Article 7.
The following uses may be permitted as conditional uses after
application to and approval of the Township Planning Board: Private
tennis court, subject to the provisions set forth in Article 6.
The following restrictions shall apply to all uses in this Zone:
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
20,000 square feet
|
|
Minimum Lot Width/Frontage
|
125 feet
|
|
Minimum Front Yard Setback
|
50 feet
|
|
Minimum Side Yard Setback
|
20 feet
|
|
Minimum Combined Side Yard Setback
|
40 feet
|
|
Minimum Accessory Building Side and Rear Yard Setback
|
10 feet and 10 feet, respectively
|
|
Minimum Rear Yard Setback
|
25 feet
|
|
Maximum Height
|
35 feet; 2 stories
|
|
Maximum Percent Lot Coverage
|
35%
|
|
Maximum Percent Building Coverage
|
15%
|
Same as specified in § 35-5-8.6 of the R-80 Zone.
[Ord. No. 96-16; Ord. No. 00-04, § II; Ord. No. 02-11 § I]
Purpose: The Neighborhood Commercial zoning district is intended
to provide for small-scale, retail and service uses.
[Ord. No. 00-04, § II; Ord. No. 02-11 § II; Ord. No. 03-24 § V]
The following uses are permitted as a matter of right in this
Zone:
a.
Detached residential dwellings subject to the Area, Yard and Building
Requirements of the R-80 Zone.
b.
Retail trade establishments which are selling goods intended to serve
the surrounding residential area such as but not limited to the following
provided that all uses shall be limited to a gross floor area of 4,000
square feet per use:
c.
Service trade establishments providing services intended to serve
the surrounding residential area, limited to the following and limited
to a gross floor area of 4,000 square feet per use:
1.
Banks and similar forms of financial institutions.
2.
Barber shop.
3.
Beauty shop.
4.
Dry cleaning and laundry pick-up stations only. No dry cleaning or
laundry is permitted on the premises.
5.
Medical, dental, optician and optometrist offices and professional
offices including accounting, attorney, engineering, architectural,
surveying, realtor, and similar types of offices.
6.
Repair service (radio, television, appliances, shoe, clothing, lawn
and garden equipment, etc.)
7.
Undertaking and funeral homes.
8.
Pest control, electrical, plumbing and auto parts.
9.
Dance school.
10.
Martial arts school.
11.
Fitness center.
d.
Child-care centers.
The following uses are permitted in conjunction with a permitted
principal use:
a.
Private garages, swimming pools and storage sheds accessory to a single-family detached dwelling subject to the restrictions and requirements of the R-80 Zone. (See § 35-4-9.)
Home professional offices and home occupations in conjunction with a single-family detached dwelling subject to the restrictions and requirements of § 35-4-10.
b.
Garage space for the storage of commercial vehicles used in conjunction
with a permitted business use for not more than two step vans.
c.
Off-street parking space and loading space for the use of the customers
and employees of a permitted business use and which is consistent
with the restrictions of Article 7 and further provided that off-street
parking of any commercial vans shall be screened from adjacent properties
and the public roadway and parking of commercial vans during non-business
hours shall only be within an enclosed building.
d.
Signs which are incidental to a permitted use and which meet the
restrictions of the Sign Ordinance of the Township.
e.
Sheds accessory to nonresidential uses that are utilized for the
purposes of storing equipment for on-site use, subject to the height
and size requirements of the accessory buildings and structures section
of this chapter[1] and the setback requirements found in the Schedule of
Area, Yard and Building Requirements.
[Added 5-20-2020 by Ord. No. 20-12]
[Ord. No. 96-15, Ord. No. 96-16]
The following uses may be permitted as conditional uses in this
Zone after application to and approval of the Planning Board:
a.
Churches and similar places of worship, subject to the standards
and conditions set forth in Article 6.
b.
Public utilities excluding substations, switching stations or storage
facilities of any nature subject to the provisions of Article 6.
c.
Quasi-public buildings and facilities for group assemblies, including
patriotic societies, lodges, veterans' organizations, fraternal and
charitable organizations, but excluding social clubs, subject to the
standards and conditions set forth in Article 6.
The following restrictions shall apply to all uses in this Zone
unless specified otherwise herein:
a.
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter, and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
40,000 square feet
|
|
Minimum Lot Width/Frontage
|
150 feet
|
|
Minimum Lot Depth
|
200 feet
|
|
Minimum Front Yard Setback
|
75 feet
|
|
Minimum Side Yard Setback
|
30 feet
|
|
Minimum Combined Side Yard Setback
|
60 feet
|
|
Minimum Accessory Building Side and Rear Yard Setback
|
10 feet and 10 feet, respectively
|
|
Minimum Rear Yard Setback
|
50 feet
|
|
Maximum Height
|
35 feet; 2 stories
|
|
Maximum Percent Lot Coverage
|
70%
|
|
Maximum Percent Building Coverage
|
30%
|
[Ord. No. 96-16; Ord. No. 00-04 § III]
Purpose: The Highway Commercial zoning district is intended
to provide for service and retail commercial users along County Routes
526, 571 and 537, New Jersey Route 33 and Burnt Tavern Road.
[Ord. No. 00-04 § III; Ord. No. 03-24 § VI; Ord. No. 2015-05 § 1]
The following uses are permitted as a matter of right in this
Zone:
a.
Retail trade establishments such as, but not limited to the following:
b.
Service trade establishments, limited to the following:
1.
Banks and similar forms of financial institutions.
2.
Barber shop.
3.
Beauty shop.
4.
Dry cleaning and laundry pick-up stations only. No dry cleaning or
laundry is permitted on the premises.
5.
Medical, dental, optician and optometrist offices and professional
offices including accounting, attorney, engineering, architectural,
surveying, realtor, and similar types of offices.
6.
Repair service (radio, television, appliances, shoe, clothing, lawn
and garden equipment, etc.)
7.
Undertaking and funeral homes.
8.
Pest control, electrical, plumbing, and auto parts.
9.
Dance school.
10.
Martial arts school.
11.
Fitness center.
c.
Theaters, bowling alleys and similar forms of indoor commercial recreation.
d.
Ice and roller skating rinks.
e.
Indoor and outdoor tennis courts and swim clubs.
f.
Health spas shall be contained in a structure and shall meet requirements
of Schedule of Area, Yard and Building Requirements as to minimum
gross floor area.
g.
Quasi-public buildings and facilities for group assemblies, including
patriotic societies, lodges, veterans' organizations, fraternal, charitable
organizations, including social clubs, subject to the standards and
conditions set forth in Article 6.
h.
Farms and agriculture.
i.
Child-care centers.
[Ord. No. 00-04 § III]
The following accessory uses normally incidental to a permitted
farm operation are permitted:
a.
Customary farm buildings other than residential.
b.
Structures or areas for the sale of farm products not in excess of
1,000 square feet.
c.
Accessory sheds that are utilized for the purposes of storing equipment
for on-site use, subject to the height and size requirements of the
accessory buildings and structures section of this chapter[1] and the setback
requirements found in the Schedule of Area, Yard and Building Requirements.
[Added 5-20-2020 by Ord. No. 20-12]
[Ord. No. 99-24, § I; Ord. No. 00-04 § III; Ord. No. 03-24 § VI]
The following use may be permitted after application to and
approval of the Planning Board:
[Ord. No. 00-04 § III]
The following restrictions shall apply to all uses in the Zone
as set forth in the Schedule of Area, Yard and Building Requirements
of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
3 acres
|
|
Minimum Lot Width/Frontage
|
250 feet
|
|
Minimum Lot Depth
|
450 feet
|
|
Minimum Front Yard Setback
|
100 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Combined Side Yard Setback
|
100 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Accessory Building
| |
|
Minimum Side Yard Setback
|
20 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Maximum Height
|
30 feet; 2 stories
|
|
Maximum Percent Lot Coverage
|
50%
|
|
Maximum Percent Building Coverage
|
25%
|
[Ord. No. 00-04 § III; Ord. No. 03-24 § VI]
All uses permitted in this Zone shall conform to the following
requirements:
a.
Off-street parking and loading space shall be provided in accordance
with the requirements of Article 7.
b.
All uses permitted in this Zone, other than agricultural uses, shall
conform to the requirements of Article 4.
c.
Outdoor sales areas and outdoor storage areas of merchandise, products,
or materials shall be prohibited except for permitted agricultural
uses.
[Ord. No. 03-24 § VII]
Purpose: The Highway Commercial HC-1 zoning district is intended
to provide for services and retail commercial uses along County Route
537 and recognizes the existence of fast food restaurants, convenience
shopping and the potential for other uses to serve the needs of the
tourist trade generated by Great Adventure and other travelers exiting
off I-195.
[Ord. No. 03-24 § VII; Ord. No. 2015-05 § 2]
The following uses are permitted as a matter of right in this
Zone:
a.
Retail trade establishments such as but not limited to the following:
b.
Service trade establishments limited to the following:
1.
Banks and similar forms of financial institutions.
2.
Barber shop.
3.
Beauty shop.
4.
Dry cleaning and laundry pick-up stations only. No dry cleaning or
laundry is permitted on the premises.
5.
Medical, dental, optician and optometrist offices and professional
offices including accounting, attorney, engineering, architectural,
surveying, realtor, and similar types of offices.
6.
Repair service (radio, television, appliances, shoe, clothing, lawn
and garden equipment, etc.)
7.
Undertaking and funeral homes.
8.
Pest control, electrical, plumbing and auto parts.
9.
Dance school.
10.
Martial arts school.
11.
Fitness Center.
c.
Theaters, bowling alleys and similar forms of indoor commercial recreation.
d.
Ice and roller skating rinks.
e.
Indoor and outdoor tennis courts.
f.
Health spas shall be contained in a structure and shall meet the
requirements of Schedule of Area, Yard and Building Requirements as
to minimum gross floor area.
g.
Quasi-public buildings and facilities for group assemblies, including
patriotic societies, lodges, veterans' organizations, fraternal, charitable
organizations, including social clubs, subject to the standards and
conditions set forth in Article 6.
h.
Farms and agriculture.
i.
Child-care centers.
[Ord. No. 03-24 § VII]
The following accessory uses normally incidental to a permitted
use are permitted:
a.
Customary farm buildings other than residential.
b.
Structures or areas for the sale of farm products not in excess of
1,000 square feet.
c.
Accessory sheds that are utilized for the purposes of storing equipment
for on-site use, subject to the height and size requirements of the
accessory buildings and structures section of this chapter[1] and the setback requirements found in the Schedule of
Area, Yard and Building Requirements.
[Added 5-20-2020 by Ord. No. 20-12]
[Ord. No. 03-24 § VII]
The following uses may be permitted after application to and
approval of the Planning Board:
[Ord. No. 03-24 § VII]
The following restrictions shall apply to all uses in the Zone
as set forth in the Schedule of Area, Yard and Building Requirements
of this chapter and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
3 acres
|
|
Minimum Lot Width/Frontage
|
250 feet
|
|
Minimum Lot Depth
|
450 feet
|
|
Minimum Front Yard Setback
|
100 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Combined Side Yard Setback
|
100 feet
|
|
Accessory Buildings
| |
|
Minimum Side Yard Setback
|
20 feet
|
|
Minimum Rear Yard Setback
|
75 feet
|
|
Maximum Height
|
30 feet; 2 stories
|
|
Maximum Percent Lot Coverage
|
50%
|
|
Maximum Percent Building Coverage
|
15%
|
|
Maximum Building Floor Area Ratio
|
0.15
|
[Ord. No. 03-24 § VII]
All uses permitted in this Zone shall conform to the following
requirements:
a.
Off-street parking and loading spaces shall be provided in accordance
with the requirements of Article 7.
b.
All uses permitted in this zone, other than agricultural uses, shall
conform to the requirements of Article 4.
c.
A minimum setback of 300 feet is required between any building constructed
within the zone district and a residential zone or rural preservation
zone in Millstone Township.
d.
Any property adjacent to a residential district or a rural preservation
zone in Millstone Township shall provide a buffer that is at least
25% of the lot depth or 150 feet, whichever is greater.
e.
Landscaping is required to ensure that there is an effective visual
screen between commercial and residential uses.
[Ord. No. 96-16]
Purpose: The Business Park zoning district is designed to provide
for limited industrial uses within a rural business park setting.
The Business Park zones are located near regional arterial roadways
(Route 33 and Interstate 195). Due to environmental restrictions from
the requirement for on-site septic and individual wells, all industrial,
warehouse, and other permitted uses must adhere to the environmental
performance standards established by the New Jersey Department of
Environmental Protection, the Monmouth County Health Department, and
the Millstone Township Land Use and Development Regulations.
[Ord. No. 96-16; Ord. No. 03-24 § VIII; Ord. No. 11-18 § 4]
The following uses are permitted as a matter of right in this
Zone:
a.
Storage warehouse and distribution centers, excluding trailer storage
yards.
b.
Scientific and research laboratories devoted to design and/or experimentation.
c.
The fabrication, manufacturing, processing or assembly of goods and
materials.
d.
The manufacture, compounding, processing, packaging or treatment
of beverages, food, candy, dairy products, ice, plastics, toilet supplies
and similar products.
e.
The finishing or assembly of articles made from previously prepared
or refined materials such as bone, cellulose, cork, feathers, fiber,
fur, glass, gums, hair, horn, leather, metals, paper, plastics, shell,
stone, textiles and wood.
f.
Quasi-public buildings and facilities for group assemblies, including,
patriotic societies, lodges, veterans' organizations, fraternal and
charitable organizations, including social clubs, subject to the standards
and conditions set forth in Article 6.
g.
Farms and agriculture.
h.
(Reserved)
i.
Corporate offices and business centers for professional use.
j.
Banks and other similar financial institutions.
k.
Child-care centers.
l.
Wind, solar or photovoltaic energy facilities for the production
of electric energy on tracts of land at least 20 contiguous acres
or more in size that are owned by the same person or entity as permitted
at N.J.S.A. 40:55D-66.11, subject to the following:
1.
A minimum lot size of 20 acres shall be required.
2.
The minimum distance between any portion of a solar or photovoltaic
energy facility and a street line shall be 75 feet and the minimum
distance from any other property line shall be 50 feet.
3.
Wind towers shall be set back a distance equal to 1.5 times the height
of the tower from all property lines, public roads, dwellings, and
overhead power lines. The distance shall be measured from the center
of the tower.
4.
The maximum total height of any small wind energy system shall not
exceed 120 feet; the total height shall include the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
5.
More than one tower for a small wind energy system shall be permitted
on a lot as a principal permitted use.
6.
No rooftop installation is permitted for wind, solar or photovoltaic
energy facilities as principal uses.
7.
Small wind energy systems shall have a nameplate capacity of 10 kilowatts
or less.
8.
All other applicable requirements in § 35-4-9.8 of this chapter shall be met, except that there shall be no limitation on the total surface square footage area of any ground-mounted or freestanding solar collectors on a lot.
9.
Wind, solar or photovoltaic energy facilities as principal permitted uses shall require major site plan approval. In addition to the submission requirements for a minor site plan application set forth in § 35-4-9.8h3 of this ordinance and all other applicable submission requirements for a major site plan, a visual site distance analysis must be submitted, including photos of the subject property that graphically simulates the appearance of any proposed energy system from at least five locations around and within one mile of the proposed tower(s) or solar arrays.
The following uses are permitted in conjunction with a permitted use: Same as specified in the HC, Highway Commercial Zone. (See § 35-5-11.2.)
[Ord. No. 05-47 § 3]
The following uses are permitted after application to and approval
of the Planning Board:
[Ord. No. 96-15; Ord. No. 96-16; Ord. No.
03-24 § VIII; amended 3-18-2020 by Ord. No. 20-05; 4-20-2022 by Ord. No. 22-05; 3-6-2024 by Ord. No. 24-03]
The following restrictions shall apply to all uses in this zone
unless specified otherwise herein:
a.
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter, and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum lot area
|
130,000 square feet
|
|
Minimum lot width/frontage
|
250 feet
|
|
Minimum front yard setback
|
100 feet
|
|
Minimum side yard setback
|
50 feet
|
|
Combined side yard setback
|
125 feet
|
|
Minimum rear yard setback
|
100 feet
|
|
Maximum height
|
30 feet/2 stories
|
|
Maximum percent lot coverage
|
50%
|
|
Maximum percent building coverage
|
30%
|
|
Maximum useable floor area ratio (For warehouse buildings)
|
0.25
|
|
Maximum useable floor area ratio (For other buildings)
|
0.2
|
|
Minimum accessory side yard setback
|
40 feet
|
|
Minimum accessory rear yard setback
|
75 feet
|
b.
The minimum building setback to a residential use or residential
zone shall be 300 feet.
c.
New nonresidential uses in the BP Zone shall provide a minimum seventy-five-foot
planted buffer (as defined in this chapter) adjacent to any existing
residence or residential zone, provided that natural vegetation which
provides a visual screen may be used in lieu of a planted buffer upon
review and acceptance by the approving authority.
d.
Buildable lot area and maximum tract yield.
1.
BUILDABLE LOT AREA
MAXIMUM TRACT YIELD
USEABLE FLOOR AREA RATIO
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The area of any lot exclusive of wetlands, wetland transitional
buffers, 100-year floodplains, topographic slopes 15% or greater,
waterways, and stream corridor buffers required by the Delaware and
Raritan Canal Commission, Millstone Township, Monmouth County and/or
by the State of New Jersey, collectively referred to as "critical
areas."
The maximum permitted intensity of development (i.e., lot/building
coverage and FAR) after accounting for buildable lot area.
The sum of the area of all floors of buildings or structures
compared to the buildable lot area that is the subject of an application
for development.
2.
Standards.
(a)
All applications for site plans, subdivisions, and planned development
shall comply with the following requirements:
(1)
Each application shall utilize the below section
to compute the buildable lot area, i.e., the total area of a tract
that is suitable for development after subtracting identified critical
areas, and to determine the maximum tract yield.
(2)
On-site critical areas shall be identified, mapped,
and submitted as part of the application.
(3)
Maximum lot coverage, maximum building coverage,
and maximum useable floor area ratio shall be calculated in reference
to the buildable lot area rather than the gross area of the tract.
These resulting calculations are considered the maximum tract yield.
(i)
The below chart shall be prepared by the applicant
and submitted along with the identified and mapped critical areas.
|
Calculation
| ||
|---|---|---|
|
1.
|
Gross area of tract:
| |
|
2.
|
Critical areas acreage:
| |
|
3.
|
Buildable area (Line 1 less Line 2):
| |
|
4.
|
Maximum allowable impervious coverage in zone:
| |
|
5.
|
Maximum square feet of impervious coverage (Line 3 multiplied
by Line 4):
| |
|
6.
|
Maximum allowable building coverage in zone:
| |
|
7.
|
Maximum square feet of building coverage (Line 3 multiplied
by Line 6):
| |
|
8.
|
Maximum useable floor area ratio in zone:
| |
|
9.
|
Calculated useable floor area (Line 3 multiplied by Line 8):
| |
e.
Pursuant to Article 4, § 35-4-1.6, municipally sponsored affordable housing construction is a permitted use in all zoning districts in the Township. The following Schedule of Area, Yard and Building Requirements shall apply to the development of municipally sponsored affordable construction in the BP Zone District:
|
Regulation
|
Requirement
|
|---|---|
|
Single-family detached development
| |
|
Minimum lot area
|
6,000 square feet
|
|
Minimum lot width/frontage
|
50 feet
|
|
Principal building setbacks
| |
|
Front
|
35 feet
|
|
Rear
|
20 feet
|
|
Each side
|
10 feet
|
|
Total sides
|
20 feet
|
|
Accessory building setbacks
| |
|
Minimum side yard setback
|
5 feet
|
|
Minimum side yard setback
|
5 feet
|
|
Maximum lot coverage
|
50%
|
|
Maximum building coverage
|
25%
|
|
Maximum height
| |
|
Feet
|
30
|
|
Stories
|
2
|
|
Multifamily development
| |
|
Minimum lot area
|
30,000 square feet
|
|
Minimum lot width/frontage
|
75 feet
|
|
Principal building setbacks
| |
|
Front
|
50
|
|
Rear
|
20
|
|
Each side
|
10
|
|
Total sides
|
20
|
|
Accessory building setbacks
| |
|
Side
|
5
|
|
Rear
|
5
|
|
Maximum lot coverage
|
50%
|
|
Maximum building coverage
|
30%
|
|
Maximum height
| |
|
Feet
|
40
|
|
Stories
|
3
|
All uses permitted in this Zone shall conform to the following
requirements:
[Ord. No. 96-15, Ord. No. 97-17]
The following uses are permitted as a matter of right in this
zone:
a.
Buildings and recreational areas and facilities including clubhouses;
picnic grounds; playgrounds; swimming pools; tennis, basket and handball
courts; and other similar recreational areas and uses related to day
camp facilities. The uses proposed for recreation camp use shall be
presented to the review agency and certification made that the site
and all facilities will be utilized for day camp, family oriented
social and community recreation uses and that the operator shall comply
with all Township and State regulations for day camp and other private
or nonprofit facilities. Recreation uses shall not include overnight
facilities.
b.
Farming and farm buildings.
[Ord. No. 96-17]
The following restrictions shall apply to all uses in this Zone
unless specified otherwise herein:
a.
All restrictions as set forth in the Schedule of Area, Yard and Building
Requirements of this chapter, and as specifically detailed below:
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
10 acres
|
|
Minimum Lot Width/Frontage
|
250 feet
|
|
Minimum Front Yard Setback
|
100 feet
|
|
Minimum Side Yard Setback
|
50 feet
|
|
Minimum Combined Side Yard Setback
|
125 feet
|
|
Minimum Accessory Building Side Yard Setback
|
50 feet
|
|
Minimum Accessory Building Rear Yard Setback
|
50 feet
|
|
Minimum Rear Setback
|
50 feet
|
|
Maximum Height
|
30 feet; 1 story
|
|
Maximum Percent Lot Coverage
|
10%
|
|
Maximum Percent Building Coverage
|
5%
|
[Ord. No. 03-24 § X]
The Planned Commercial Development district is intended to promote
the use of larger tracts for unified, well planned and designed commercial
development. The PCD will better control highway access, maintain
the free flow of traffic along Route 33, and discourage the fragmentation
of the highway frontage into a highway strip of uncoordinated development
on small lots.
[1]
Editor's Note: Former Section 35-5-15, RT, Residential Transitional
Zone, previously codified herein and containing portions of Ordinance
No. 00-04 was deleted in its entirety by Ordinance No. 03-24.
[Ord. No. 03-24 § X; Ord. No. 06-18 § 1]
The following are permitted as a matter of right in this Zone:
a.
Planned commercial developments limited to the following uses:
1.
Business and professional offices.
2.
Banks and other financial institutions.
3.
Corporate offices.
4.
Scientific and research laboratories.
5.
Category One and Category Two Restaurants.
6.
Commercial recreation including theaters, skating rinks, bowling
alleys, tennis and racquetball facilities.
7.
Health spas.
8.
Retail or service uses permitted in the HC zone. A retail or service
use shall be developed in conformance with the overall concept plan
as provided below for a planned commercial development. The total
building floor area of all such retail and service uses shall not
exceed 25% of the gross floor area of all buildings within the planned
commercial development.
9.
Child-care centers.
10.
Storage warehouse and distribution centers, excluding trailer
storage yards.
b.
Farms and agricultural uses.
[Ord. No. 03-24 § X]
The following uses normally incidental to a permitted use as
permitted.
a.
Customary farm buildings other than residential.
b.
Structures or areas for the sale of farm products not in excess of
1,000 square feet.
c.
Accessory sheds that are utilized for the purposes of storing equipment
for on-site use, subject to the height and size requirements of the
accessory buildings and structures section of this chapter[1] and the setback requirements found in the Schedule of
Area, Yard and Building Requirements.
[Added 5-20-2020 by Ord. No. 20-12]
[Ord. No. 03-24 § X; Ord. No. 05-47 § 3]
The following may be permitted after application to and approval
of the Planning Board.
[Ord. No. 03-24 § X; Ord. No. 06-18 § 2]
a.
The planned commercial development shall be located on a contiguous
tract of land at least 25 acres in area, with at least 800 feet of
vehicular access frontage along State Route 33 and with a tract depth
of at least 450 feet.
b.
Any subdivision for a planned commercial development shall be based
upon an overall concept site plan for the entire tract at full development
which shall be submitted to the Planning Board as part of any preliminary
subdivision application. The concept site plan shall identify the
proposed land uses and illustrate building locations related to environmental
constraints, traffic and pedestrian circulation, parking, loading,
stormwater management facilities, utilities, zoning district requirements
and any common open space areas. The concept site plan also shall
identify the proposed phasing of the development and the related improvements.
c.
Provided that the Planning Board approves of the submitted concept site plan for the planned commercial development and that no lot has direct driveway access to State Route 33, the following schedule of area, yard and building requirements shall apply to lots and principal and accessory buildings within the planned commercial development instead of the requirements specified in § 35-5-15.5 of this ordinance hereinbelow for the development of lots, including farms and agricultural uses, not part of a planned commercial development:
[Amended 4-20-2022 by Ord. No. 22-05]
|
Regulation
|
Requirement
|
|---|---|
|
Minimum Lot Area
|
2.5 acres
|
|
Maximum Lot Area
|
15.0 acres
|
|
Average Lot Area
|
5.0 acres
|
|
Minimum Lot Width/Frontage
|
300 feet
|
|
Minimum Lot Depth
|
300 feet
|
|
Minimum Front Yard Setback (from exterior roads)
|
100 feet
|
|
Minimum Front Yard Setback (from interior roads)
|
60 feet
|
|
Minimum Rear Yard Setback
|
50 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Combined Side Yard Setback
|
100 feet
|
|
Maximum Height
|
35 feet; 2 stories
|
|
Maximum Percent Lot Coverage
|
55%
|
|
Maximum Percent Building Coverage
|
20%
|
|
Maximum Building Useable Floor Area Ratio (for warehouse buildings)
|
0.25
|
|
Maximum Building Useable Floor Area Ratio (for other buildings)
|
0.20
|
d.
A landscaped area at least 50 feet in depth shall be provided along
State Route 33, including elliptical berms at least three feet high.
e.
Except for warehouse buildings, which may have flat roofs, all buildings
shall have a dual pitched, single ridge roof (such as a gable, hip,
gambrel or mansard roof); provided, however, that where roof mounted
equipment is necessary and/or preferable for the operation of the
building, a facade roof treatment exhibiting the appearance of such
a dual pitched, single ridge roof shall be permitted.
f.
Prior to approving a planned commercial development, the Planning
Board shall make a finding of the facts and conclusions prescribed
for approval of a planned development in accordance with N.J.S.A.
40:55D-45 of the Municipal Land Use Law.
g.
Buildable
lot area and maximum tract yield.
[Added 4-20-2022 by Ord. No. 22-05]
1.
BUILDABLE LOT AREA
MAXIMUM TRACT YIELD
USEABLE FLOOR AREA RATIO
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The area of any lot exclusive of wetlands, wetland transitional
buffers, 100-year floodplains, topographic slopes 15% or greater,
waterways, and stream corridor buffers required by the Delaware and
Raritan Canal Commission, Millstone Township, Monmouth County and/or
by the State of New Jersey, collectively referred to as "critical
areas."
The maximum permitted intensity of development (i.e., lot/building
coverage and FAR) after accounting for buildable lot area.
The sum of the area of all floors of buildings or structures
compared to the buildable lot area that is the subject of an application
for development.
2.
Standards.
(a)
All applications for site plans, subdivisions, and planned development
shall comply with the following requirements:
(1)
Each application shall utilize the below section
to compute the buildable lot area, i.e., the total area of a tract
that is suitable for development after subtracting identified-critical
areas, and to determine the maximum tract yield.
(2)
On-site critical areas shall be identified, mapped,
and submitted as part of the application.
(3)
Maximum lot coverage, maximum building coverage,
and maximum useable floor area ratio shall be calculated in reference
to the buildable lot area rather than the gross area of the tract.
These resulting calculations are considered the maximum tract yield.
(i)
The below chart shall be prepared by the applicant
and submitted along with the identified and mapped critical areas.
|
Calculation
| ||
|---|---|---|
|
1.
|
Gross area of tract:
| |
|
2.
|
Critical areas acreage:
| |
|
3.
|
Buildable area (Line 1 less Line 2):
| |
|
4.
|
Maximum allowable impervious coverage in zone:
| |
|
5.
|
Maximum square feet of impervious coverage (Line 3 multiplied
by Line 4):
| |
|
6.
|
Maximum allowable building coverage in zone:
| |
|
7.
|
Maximum square feet of building coverage (Line 3 multiplied
by Line 6):
| |
|
8.
|
Maximum useable floor area ratio in zone:
| |
|
9.
|
Calculated useable floor area (Line 3 multiplied by Line 8):
| |
[Ord. No. 03-24 § X; Ord. No. 06-18 § 3; amended 3-18-2020 by Ord. No. 20-06; 4-20-2022 by Ord. No. 22-05]
The following requirements shall apply to development of lots not part of a planned commercial development, including farms and agricultural uses. Lots and principal and accessory uses, which are part of a planned commercial development shall meet the requirements specified in Subsection 35-5-15.4 hereinabove.
|
Regulation
|
Requirement
|
|---|---|
|
Minimum lot area
|
20 acres
|
|
Minimum lot width/frontage
|
800 feet
|
|
Minimum lot depth
|
450 feet
|
|
Minimum front yard setback
|
100 feet
|
|
Minimum side yard setback
|
50 feet
|
|
Combined side yard setback
|
125 feet
|
|
Minimum rear yard setback
|
100 feet
|
|
Maximum height
|
30 feet/2 stories
|
|
Maximum percent lot coverage
|
50%
|
|
Maximum percent building coverage
|
15%
|
|
Maximum useable floor area ratio
|
0.15
|
|
Minimum accessory side yard setback
|
50 feet
|
|
Minimum accessory rear yard setback
|
75 feet
|
a.
Buildable lot area and maximum tract yield.
1.
BUILDABLE LOT AREA
MAXIMUM TRACT YIELD
USEABLE FLOOR AREA RATIO
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The area of any lot exclusive of wetlands, wetland transitional
buffers, 100-year floodplains, topographic slopes 15% or greater,
waterways, and stream corridor buffers required by the Delaware and
Raritan Canal Commission, Millstone Township, Monmouth County and/or
by the State of New Jersey, collectively referred to as "critical
areas."
The maximum permitted intensity of development (i.e., lot/building
coverage and FAR) after accounting for buildable lot area.
The sum of the area of all floors of buildings or structures
compared to the buildable lot area that is the subject of an application
for development.
2.
Standards.
(a)
All applications for site plans, subdivisions, and planned development
shall comply with the following requirements:
(1)
Each application shall utilize the below section
to compute the buildable lot area, i.e., the total area of a tract
that is suitable for development after subtracting identified critical
areas, and to determine the maximum tract yield.
(2)
On-site critical areas shall be identified, mapped,
and submitted as part of the application.
(3)
Maximum lot coverage, maximum building coverage,
and maximum useable floor area ratio shall be calculated in reference
to the buildable lot area rather than the gross area of the tract.
These resulting calculations are considered the maximum tract yield.
(i)
The below chart shall be prepared by the applicant
and submitted along with the identified and mapped critical areas.
|
Calculation
| ||
|---|---|---|
|
1.
|
Gross area of tract:
| |
|
2.
|
Critical areas acreage:
| |
|
3.
|
Buildable area (Line 1 less Line 2):
| |
|
4.
|
Maximum allowable impervious coverage in zone:
| |
|
5.
|
Maximum square feet of impervious coverage (Line 3 multiplied
by Line 4):
| |
|
6.
|
Maximum allowable building coverage in zone:
| |
|
7.
|
Maximum square feet of building coverage (Line 3 multiplied
by Line 6):
| |
|
8.
|
Maximum useable floor area ratio in zone:
| |
|
9.
|
Calculated useable floor area (Line 3 multiplied by Line 8):
|
[Ord. No. 03-24 § X]
a.
A minimum setback of 300 feet is required between any building constructed
within the zone district and a residential zone line.
b.
Any property adjacent to a residential district shall provide a buffer
that is 25% of the lot depth or 150 feet, whichever is greater.
c.
Off-street parking and loading space shall be provided in accordance
with the requirements of Article 7.
d.
All uses permitted in this zone, other than agricultural uses, shall
conform to the requirements of Article 4.
[Ord. No. 05-35 § I]
All uses not expressly permitted are prohibited, see § 35-4-1.3 herein, including, but not limited to the following:
[Ord. No. 03-24 § XI;
amended 3-18-2020 by Ord. No. 20-06]
Purpose: The purpose of the FHSC Flood Hazard and Stream Corridor
Overlay Zone in Millstone Township is to improve the management, care,
and conservation of water resources; protect significant ecological
components of stream corridors such as floodplains, woodlands, steep
slopes and wild life and plant life habitats within stream corridors;
prevent flood damage; complement existing State, regional, County
and municipal stream corridor and flood hazard protection and management
regulations and initiatives; coordinate the regulation of development
within stream corridors; reduce the amount of nutrients, sediment,
organic matter pesticides, and other harmful substances that reach
watercourses, and subsurface and surface water bodies; regulate the
land use, siting and engineering of development in stream corridors;
conserve natural, scenic, and recreation areas within and adjacent
to streams and water bodies; support the water resource policies of
the New Jersey State Development and Redevelopment Plan; and advance
the purposes of the New Jersey Municipal Land Use Law with particular
regard to those purposes set forth pursuant to N.J.S.A. 40:55D-2a,
b, d, i, and j.
Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," shall be exempt from § 35-5-16 and subject to all applicable NJDEP rules and regulations.
[Ord. No. 03-24 § XI]
The regulations of the FHSC Overlay Zone apply to all streams
and stream corridors within Millstone Township as follows:
a.
All tracts that are the subject of an application for subdivision,
site plan, conditional use, or variance approval that fall in whole
or in part within a stream corridor or stream corridor buffer or the
Flood Hazard Overlay District shall be subject to the standards set
forth in this section.
b.
Review of any land disturbance in a stream corridor or stream corridor
buffer shall be undertaken as part of the application review by the
Planning Board.
[Ord. No. 03-24 § XI]
Stream corridors and stream corridor buffers shall remain in
their natural state, with no clearing or cutting of trees and brush
(except for removal of dead vegetation and pruning for reasons of
public safety), altering of watercourses, regrading or construction,
except for the following activities:
a.
Wildlife sanctuaries, woodland preserves, and arboretums, but excluding
enclosed structures.
b.
Game farms, fish hatcheries, and fishing reserves, operated for the
protection and propagation of wildlife, but excluding enclosed structures.
c.
Hiking, bicycle, and bridle trails, including bridges or other structures
appurtenant thereto constructed.
d.
Trails or pathways, including bridges or other structures appurtenant
thereto constructed and/or maintained by or under the authority of
the Township for the purpose of providing access to public recreation
areas.
e.
Fishing areas.
f.
Cultivation of the soil for agricultural or horticultural production,
pasture, and similar agricultural uses undertaken in accordance with
agricultural best management practices to reduce or prevent nonpoint
source pollution.
[Ord. No. 03-24 § XI]
a.
All new lots in major and minor subdivisions and site plans shall
be designed to provide sufficient areas outside of stream corridors
and stream corridor buffers to accommodate principal buildings and
uses as well as any permitted accessory uses.
b.
The Planning Board may allow an average stream corridor buffer width
of 100 feet from the one-hundred-year flood line, thus allowing reasonable
flexibility to accommodate site planning when necessitated by the
size and shape of the tract and physical conditions thereon. The stream
corridor width may be reduced to a minimum of 75 feet from the one-hundred-year
flood line provided there is an equivalent increase in the width elsewhere
on site and that all relevant permits (e.g., Stream Encroachment,
Freshwater Wetlands) are obtained.
[Ord. No. 03-24 § XI]
The Planning Board may permit the following in a stream corridor
when subdivisions or site plans cannot be designed within the stream
corridors or stream corridor buffers as allowed above under the permitted
activities, provided the Planning Board determines that there is no
other reasonable or prudent alternative to placement in the stream
corridor or stream corridor buffer and the activity is permitted by
the underlying zone district.
a.
Recreational use, whether open to the public or restricted to private
membership, such as parks, camps, picnic areas, golf courses, sports,
or boating clubs, not to include enclosed structures, but permitting
piers, docks, floats, or shelters usually found in developed outdoor
recreational areas.
b.
Private water supply wells that have a sanitary seal, flood-proofed
water treatment facilities, or pumping facilities.
c.
Dredging or grading when incidental to permitted structures or uses,
including stream cleaning and stream rehabilitation work undertaken
to improve hydraulics or to protect public health.
d.
Dams, culverts, bridges, and roads provided that they cross the corridor
directly as practical.
e.
Stormwater management facilities.
f.
Utility transmission lines.
[Ord. No. 03-24 § XI]
All activities not permitted pursuant to §§ 35-5-16.2 and 35-5-16.3 and 35-5-16.4 above shall be prohibited. In no circumstance shall the following be permitted as exceptions to such subsections.
a.
Any solid or hazardous waste facilities, including but not limited
to sanitary landfills, transfer stations, and wastewater lagoons.
b.
Any property adjacent to a residential district shall provide a buffer
that is 25% of the lot depth or 150 feet, whichever is greater. Notwithstanding
anything herein to the contrary, on nonresidential properties being
developed pursuant to a certain settlement agreement in the case of
"In the Matter of the Application of the Township of Millstone and
the Planning Board of the Township of Millstone, County of Monmouth,
Superior Court of New Jersey, Law Division, Monmouth County Docket
No. MON-L-2501-15," the buffer shall be 150 feet and shall not be
required to meet the twenty-five-percent lot depth requirement.
[Amended 3-18-2020 by Ord. No. 20-06]
[Ord. No. 03-24 § XI]
a.
The applicant for any activity permitted in a stream corridor or
stream corridor buffer shall rehabilitate any degraded areas within
the stream corridor, in a manner acceptable to the Planning Board,
as the case may be, unless the applicant demonstrates that it is economically
infeasible to do so.
c.
The applicant shall provide whatever additional measures are necessary
to ensure that areas designated as stream corridors and stream corridor
buffers will be preserved and to prevent additional encroachments
in the stream corridor likely to occur as a result of the approval
granted.
d.
The Planning Board may require conservation easements or deed restrictions
ensuring that there will be no further intrusion on the stream corridor
than that permitted by the activity approved.
[Ord. No. 03-24 § XI]
An applicant for an activity in a stream corridor or stream
corridor buffer shall submit to the municipality a map at a scale
of not less than one inch equals 100 feet of the project site delineating
the following, using the best available information:
a.
One-hundred-year flood line which shall be the line formed by the
area inundated by a one-hundred-year flood which is the flood estimated
to have a 1% chance of being equaled or exceeding in any one year;
and
b.
State wetland boundary lines; and
c.
The stream corridor and stream corridor buffer boundary; and
d.
Any steep slopes located within the site; and
e.
The location of all improvements and land disturbance proposed to
be located within any of the above boundaries.
[Added 3-18-2020 by Ord. No. 20-02]
a.
Accessory
apartments shall be permitted in all single-family residential zones
within the Township. Accessory apartments are permitted as a part
of the Township’s Affordable Housing Plan which contemplates
the creation of 10 affordable accessory apartments over the next five
years. In the event that the number of affordable accessory apartments
produced exceeds ten units, such additional units shall be applied
to, and credited against, the Township’s Fourth Round Affordable
Housing obligation.
b.
ACCESSORY APARTMENT
Definitions.
As used in this section, the following words shall be defined as follows:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance which
is created within an existing home, or through the conversion of an
existing detached accessory structure on the same site, or by an addition
to an existing home or accessory building. The creation of such a
dwelling unit shall be clearly incidental to a primary use of the
property as a single-family dwelling and shall in no way confer upon
the property owner any future rights to subdivide the existing lot
in order to place each unit on a separate lot, unless such a subdivision
and the structures involved, conform to all Municipal Zoning regulations
and standards. Accessory apartments shall conform to all of the requirements
of the New Jersey Council on Affordable Housing (COAH) and provide
the Township with a credit against its affordable housing obligation.
NOTE: As used herein, the term "Council on Affordable Housing" or
"COAH" shall be deemed to include "or any successor entity with jurisdiction."
c.
Minimum
Standards.
1.
Lot
Area. Accessory apartments shall be permitted on lots of 20,000 square
feet or greater, except where there exists a qualifying existing accessory
apartment which is on a lot of less than 20,000 square feet. Such
an apartment can be counted as long as all other standards and regulations
can be met.
2.
Unit
Size and Type. Accessory apartments shall contain at least 500 square
feet of gross floor area. Each unit must also contain bathroom and
kitchen facilities. Units attached to principal dwellings must have
a separate entrance but shall not have access directly to the principal
dwelling from within the structure.
3.
A deed
restriction shall be applied to properties with accessory apartments
that are completely detached, specifying that such units may not be
subdivided off in the future unless such subdivision, the structures
located thereon and the resultant lots conform in all respects to
all Municipal Zoning regulations and standards.
4.
A deed
restriction shall be recorded for every newly created accessory apartment
requiring compliance with all affordability controls and procedures
set forth in the regulations of COAH or any successor entity for such
period of time as may be required for the Township of Millstone to
receive credit for the unit against its affordable housing obligation.
5.
Parking.
A minimum of one off-street parking space shall be provided for a
one-bedroom or two-bedroom accessory apartment. A three-bedroom accessory
apartment shall be required to provide two off-street parking spaces.
In each case the total number of parking spaces provided on the entire
site shall comply with the Residential Site Improvement Standards
(RSIS).
6.
Building
setbacks. No new accessory apartment structure shall be located in
any front yard or have less than the required side or rear yard setback
for principal buildings for the zone in which the property is located.
However, additions to existing principal or accessory structures that
do not conform to the required setback shall be permitted without
the requirement for a setback variance as long as no existing nonconforming
setback is decreased. In the case of lots in excess of 40,000 square
feet, the minimum side or rear setback shall be 20 feet.
d.
Maximum
Regulations.
1.
Notwithstanding
the building height limitations which apply to accessory structures,
structures containing an accessory apartment that is developed in
a manner which will contribute to the satisfaction of the Township's
Mount Laurel obligation shall be permitted to have a maximum height
of 1 1/2 stories and 20 feet.
2.
Accessory
apartments shall be limited to a maximum gross floor area of 1,000
square feet.
e.
Other
Regulations.
1.
Accessory
apartments shall be limited to one bedroom, except that on lots in
excess of 40,000 square feet, an accessory apartment shall be permitted
to contain two or three bedrooms.
2.
Prior
to the issuance of a building permit for an accessory apartment, a
site plan and architectural plans must be submitted depicting, in
detail, the size, location and appearance of the property structure.
Any construction relative to the creation of an accessory apartment
shall be architecturally consistent to the principal residence including
siding, roofing materials and color.
3.
Where
new paved or gravel driveways or parking areas are proposed, a minimum
five-foot setback from any side or rear property line shall be maintained.
Landscaping and/or solid fencing shall be provided to screen such
areas from the adjacent property. The proposed screening shall be
specified on the site plan.
4.
Accessory
apartments shall be developed for, and affordable to, very-low-income
households and shall conform in all respects with the eligibility
and affordability requirements of the New Jersey Council on Affordable
Housing.
[Amended 6-17-2020 by Ord. No. 20-15]
5.
No detached
accessory apartment shall be located closer to a public street adjoining
a front yard than the principal structure.
6.
All
accessory apartments shall have rents in compliance with COAH affordability
controls, shall be affirmatively marketed in accordance with COAH
requirements and shall be administered by the Affordable Housing Administrator
("administrative agent") appointed by the Township for such purpose.
[Added 3-18-2020 by Ord. No. 20-04]
Purpose: The R-MF Zone District is designed to provide an opportunity
for the construction of affordable housing through inclusionary development
in order to assist the municipality in meeting its obligation to provide
its fair share of the regional need for housing affordable to very-low-,
low- and moderate-income households. The property included in this
zone was previously zoned RU-P Rural Preservation Zone. This new zone
permits residential use in townhomes and multifamily buildings to
allow development of an inclusionary project of 242 total units, of
which 20% shall be set aside as affordable rental units. The developer
may choose to produce less than 194 market-rate units but shall produce
a minimum of 48 affordable units. Nothing herein may be construed
to limit developer’s ability to construct all 242 units.
a.
The
following uses are permitted as a matter of right in this zone:
1.
Residential dwellings. Up to 242 total units of which 20% shall be set aside as affordable family rental units for occupancy by very-low-, low-, and moderate-income households. The income distribution of the affordable units shall comply with § 35-5-18.2b. Market rate units may be in both townhomes and multifamily buildings, and affordable units shall be provided in multifamily buildings.
2.
Private
and/or public utilities, including but not limited to stormwater management
basins and facilities, package plant for sewer treatment, pumps, pump
stations, facilities for well water service storage and treatment,
hot box, and buildings and structures for such utilities. Potable
water and wastewater management shall be maintained on property within
the zoning district, and shall not be provided through the extension
of public water or sewer.
3.
Multiple
principal uses are permitted on a property.
b.
The
following uses are accessory uses in this zone:
1.
Off-street
parking facilities and surface parking areas.
2.
Common facilities and amenities, including tot lots, clubhouse with a fitness center and reception facilities, swimming pools, hot tubs, grilling stations and other on-site recreational areas and facilities, common walkways, gazebos, sitting areas, picnic areas and gardens, enclosed dog park/run area, and other similar accessory uses for the benefit of the residents. The land use ordinance recreational facilities requirements of § 35-4-15 shall not apply in the zone.
3.
Fences
and walls.
4.
Maintenance
buildings up to 30 feet in height. Such buildings shall be properly
buffered and shall be architecturally compatible with residential
structures.
6.
Satellite
dishes, antennas and solar energy panels, roof-mounted and at ground
level.
7.
Bike
racks.
8.
Trash
and recycling enclosures.
9.
Signs.
10.
Other uses which are customarily incidental to a permitted principal
use.
11.
Temporary construction trailers and sales trailers.
12.
Emergency generators.
a.
Inclusionary residential development shall include a 20% set-aside of affordable family rental units provided in multifamily buildings with no more than 27 units in any one multifamily building. The multifamily buildings may be located adjacent to one another, and on a separate tax lot created by subdivision for the ownership and management of the affordable units. Such lot shall be improved with affordable units and shall meet the bulk standards set forth herein at § 35-5-18.3c.
b.
Very-low-,
low- and moderate-income housing shall be constructed in accordance
with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et
seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C.
5:80-23.1 et seq., including standards for the split between very-low-,
low- and moderate-income housing, provided a minimum of 13% of the
affordable units are very-low-income and 37% of the affordable units
are low-income units with up to 50% of the units allowed at moderate
income; bedroom distribution, range of affordability; pricing of units;
affirmative marketing; thirty-year minimum affordability controls;
and construction phasing with the market rate units developed on the
tract in accordance with N.J.A.C. 5:93-5.6(d).
a.
Overall
Development Tract.
1.
Maximum
Lot Coverage: 50%. NOTE: Maximum lot coverage is calculated using
the gross acreage of the predevelopment tract or tracts including
wetlands. Detention basins, wetponds, and open waters are not impervious.
2.
Maximum
Building Coverage: 25%. NOTE: Maximum building coverage is calculated
using the gross acreage of the predevelopment tract or tracts including
wetlands.
b.
For
Townhouse and Utilities Structures:
1.
Minimum
Lot Area: seven acres.
2.
Minimum
Lot Width/Frontage: 300 feet.
3.
Minimum
Lot Depth: 300 feet.
4.
6.
Maximum
units per townhouse building: 10.
c.
Multifamily
Buildings:
1.
Minimum
Lot Area: two acres.
2.
Multifamily
Building Setbacks:
(a)
Front Yard (from Perrineville Road): 200 feet NOTE: Calculated from
the boundary of Block 11, Lot 19..
(b)
Rear Yard: 30 feet. NOTE: Calculated from the boundary of Block 11,
Lot 19.
(c)
Side Yard: 25 feet. NOTE: Calculated from the boundary of Block 11,
Lot 19.
(d)
From Lot 19.01 and Lot 20, Block 11: 55 feet.
3.
Building
to Building Setbacks: 20 feet.
4.
Maximum
units per multifamily building: 27.
a.
Solid
Waste and Recycling Aareas. Solid waste and recycling areas shall
not be located within the front yard (Perrineville Road) setback.
However, they may be located within all other setback areas provided
that any area shall be screened from view by a six-foot solid PVC
or chain link fence with vinyl strips, and have gated access. There
is no setback requirement from parking areas. Refuse and recycling
areas shall be designed to appropriately contain all refuse generated
on site. There shall be clear and unobstructed access to all refuse
and recycling areas for collection vehicles.
b.
The
townhomes and multifamily buildings may be oriented so that the rear
elevation faces the Perrineville Road frontage, and such townhome
buildings shall be architecturally designed to provide an aesthetically
pleasing rear elevation view with compatible design and materials
to the front elevation.
c.
Site
Lighting. The arrangement of exterior lighting shall adequately and
safely illuminate parking areas, internal roadways, and walkways.
Exterior lighting shall be properly shielded and shall not create
excessive glare or light levels or direct light onto neighboring off-site
buildings or properties. Light poles shall not exceed 18 feet in height.
d.
Landscape
Buffer. A twenty-foot-wide landscaped buffer to a residential building
shall be provided within, or behind, a required setback to Perrineville
Road and along lot lines adjacent to existing residential uses. The
required landscaped buffer may be provided at grade or on a berm.
Fencing with a height of up to six feet is permitted behind a landscape
buffer, and within any required setback area to screen principally
permitted uses from adjacent properties.
e.
Architectural
Standards. The following architectural standards shall apply to buildings:
1.
For
townhomes, a minimum variation of three feet shall be required at
the at the front of each individual townhouse unit. This standard
shall also apply to the rear of townhouse units facing Perrineville
Road.
2.
For
residential buildings along the Perrineville Road frontage, there
shall be equal quality finishes on the front and rear facing facades.
3.
Architectural
features such as balconies, bay windows, dormers, and varied roof
lines should be utilized throughout the development.
4.
Facades
shall be articulated and incorporate horizontal and vertical variations.
5.
Ground-mounted
HVAC units shall be screened by either evergreen shrubs planted at
no less than 36 inches in height or solid fencing at 36 inches in
height.
6.
Floodlighting
is discouraged and any exterior lighting mounted on townhouses or
multifamily buildings shall be shielded and downward facing.
a.
Up
to two site access driveways are permitted for property with frontage
on Perrineville Road.
b.
Number
of parking spaces: consistent with the requirements of N.J.A.C. 5:21-1.1
et seq., known as the Residential Site Improvements Standards.
c.
Parking
for accessory, clubhouse, and maintenance buildings: one space per
1,000 square feet of floor area.
d.
Parking
space dimensions: nine feet by 18 feet.
e.
No
loading spaces are required.
a.
One
monument or freestanding development identification sign at each site
entrance along Perrineville Road frontage in accordance with the following
standards:
1.
Signs
may be nonilluminated, externally or internally illuminated. Any exterior
light source shall be properly shielded and not extend beyond the
sign face. There shall be no lighting involving motion or changing
messages.
2.
Signs
shall be landscaped and may identify the community project name, developer,
and logo.
3.
The
maximum sign area containing text and logos shall not exceed 35 square
feet for each side of the sign if two-sided.
4.
The
maximum sign height, including the structure and sign area, shall
not exceed eight feet above proposed finished grade.
5.
The
minimum sign setback shall be 10 feet from the public right-of-way.
b.
One
wall-mounted building identification sign is permitted for each face
of a building abutting an internal roadway or parking area. The wall
mounted sign shall have a maximum height of 12 feet from grade and
a maximum area of eight square feet. Wall-mounted signs may be externally
illuminated.
c.
Ground-mounted
wayfinding signs internally located at intersections shall be permitted
to identify specific locations and/or buildings, areas, or recreational
facilities stating the name of the area or facility, as applicable,
and no other advertising material. No sign shall exceed four square
feet in area and 4.5 feet in height.
d.
Street
number designation, name plates, lawn signs, postal boxes, on-site
directional and parking signs, and signs posting property as "private
property," "no hunting," or similar purposes are permitted but shall
not exceed an area of two square feet per sign.
e.
Temporary
real estate signs, the purpose of which is to advertise availability
and/or direct the public to the development, are permitted along the
Perrineville Road frontage provided that such signs are located outside
of any sight triangle easements and do not interfere with vehicle
sight lines. Such signs shall comply with the following requirements:
1.
There
shall be no more than five real estate signs and five flag signs along
Perrineville Road at any one time. Signs shall be located a minimum
of 200 feet from any adjacent residential lots on the same side of
Perrineville Road.
2.
Signs
shall be freestanding and nonilluminated, and may be two-sided.
3.
Real
estate signs shall not exceed 25 square feet in area, per side, and
eight feet in height above the ground.
4.
Flag
signs shall not exceed 60 square feet of area, per side, and shall
not exceed 20 feet in height above the ground.
5.
The
text per each sign may include the community development name, developer
name, logo, and advertising and informational text.
f.
Monument
and freestanding signs shall be located outside of any sight triangle
easements.
a.
Phased
development is permitted provided the affordable rental units meet
the phasing requirements of N.J.A.C. 5:93-5.6(d).
b.
Townhouse
units may be developed as zero lot line subdivision without additional
setback requirements, and without variance relief from any standards
that may apply, to permit fee simple ownership of each unit.
c.
The
requirements of land use ordinance shall be relaxed in order to comply
with the purposes N.J.A.C. 5:93-10.1 and N.J.A.C. 5:93-10.2 to reduce
or eliminate unnecessary cost-generating features, including but not
limited to the tree survey, removal, replacement provisions that require
excessive landscape, buffering and reforestation requirements, or
payment of any tree replacement fee.
d.
All
setbacks are measured from the right-of-way line.
