[Added 8-14-84 by Ord. No. 84-8]
This Article shall be known as and may be cited as the "Flag
Lot Ordinance of the Township of Montague."
As used in this Article, the following terms shall have the
meanings hereinafter set forth:
A lot the building area of which fronts upon a flag lot right-of-way
rather than on or abutting a public street or road, and having access
thereto over, upon and across a private flag lot right-of-way.
The area of a flag lot consisting of at least twice the minimum
lot area required for a conventional lot in the zone district in which
the flag lot is to be located, and excluding therefrom all lands lying
within the flag lot right-of-way, but including the lands lying within
the 50 foot front yard, 50 foot side yards and 50 foot rear yard of
such lot. The term "flag lot building area" shall be deemed to constitute
the portion of flag lot intended for the construction of the dwelling
house or other principal building, and other accessory buildings or
permitted structures, provided that the foregoing shall not be deemed
to permit any accessory building or other structure in the front yard
of such flag lot building area or flag lot right-of-way giving access
thereto.
A line projected across a flag lot building area between
the side lot lines substantially parallel to the edge of the flag
lot right-of-way at the minimum setback distance from the edge of
such flag lot right-of-way as would be required for setback from a
public street in the event of conventional subdivision in the applicable
zone.
The distance between the edge of the flag lot right-of-way
and the rear line of the flag lot building area. The "flag lot depth"
shall be not less than the minimum lot width required for a conventional
lot in the applicable zone district.
The distance between the side lot lines of the flag lot building
area measured along the edge of the flag lot right-of-way.
The portion of a flag lot between the right-of-way of the
public street, and the flag lot side line most remote from the public
street, having a minimum width of 50 feet along the entire length
thereof, giving access to the building area of such flag lot. No accessory
buildings or other structure (other than driveways, fences and perimeter
walls) shall be permitted within the "flag lot right-of-way."
The distance between the side lot lines of the flag lot right-of-way
measured along the edge of the public street.
The distance between the side lot lines of the building area
measured along the minimum building setback line applicable in the
zone.
The line of the flag lot building area opposite from the
flag lot right-of-way.
An open space extending across the full width of the flag
lot building area, the depth of which shall be not less than 50 feet
measured horizontally between the nearest point of the flag lot right-of-way
line and the nearest part of the principal building. No accessory
buildings shall be permitted in a flag lot front yard, unless expressly
permitted by the Planning Board at the time of conditional use review
and subdivision, or thereafter upon appropriate application to the
Board of Adjustment. The flag lot front yard shall be deemed to be
the yard abutting the flag lot right-of-way, unless otherwise determined
by the Planning Board in conjunction with its conditional use review
at the time of subdivision.
An open space extending across the full width of the flag
lot building area, the depth of which shall be not less than 50 feet
measured horizontally between the nearest part of the principal building
and the nearest point of the rear line of the flag lot. Accessory
structures may be located in the rear yard of a flag lot in accordance
with the provisions of this chapter only if so permitted by the Planning
Board at the time of its conditional use review and subdivision, or
thereafter upon appropriate application to the Board of Adjustment.
An open space extending from the front yard to the rear yard
between the principal building and the side lot lines. The width of
the required side yard shall be not less than 50 feet measured horizontally
from the nearest part of the principal building and the nearest point
of the side line of the flag lot building area. Accessory structures
in accordance with the provisions of this chapter shall be permitted
in the "side yard" of the flag lot building area more remote from
the public street, but such accessory buildings and structures shall
not be permitted in the "side yard" of the flag lot building area
more proximate to the public street unless so permitted by the Planning
Board at the time of its conditional use review and subdivision, or
thereafter upon appropriate application to the Board of Adjustment.
Flag lots shall be permitted as a conditional use in the R-1,
R-2 and R-3 Zone Districts upon the applicant's showing that
such use in the specified location will comply with the conditions,
standards and definitional requirements for flag lots contained in
this Article and all other applicable ordinances of the Township of
Montague, and upon the issuance of an authorization therefor by the
Planning Board.
All applications for the subdivision of lands into one or more
flag lots shall be deemed applications for major subdivisions, and
the preliminary subdivision plat and the final subdivision plat therefor
shall conform to the requirements for plot plan details in the case
of major subdivisions, other than with respect to such plot plan details
as may be expressly waived by the Planning Board in individual cases
for good cause shown.
The flag lot building area of each flag lot created shall be
at least twice the minimum lot area required for a conventional lot
in the zone district in which the flag lot is to be located, exclusive
of land lying within the flag lot right-of-way.
Each flag lot shall have access to an existing public street
by way of a private flag lot right-of-way which shall constitute a
portion of the flag lot. Such flag lot right-of-way shall have a width
of not less than 50 feet fronting on such public street and shall
be not less than 50 feet in width from its point of intersection with
the street to its point of intersection with the rear line of the
flag lot right-of-way so created. No structures other than driveways,
fences or lot perimeter walls shall be constructed on such flag lot
right-of-way.
Flag lots may be created only upon the express finding by the
Planning Board that subdivision of a portion of the lands into flag
lots is in conjunction with an overall development plan for the entire
tract of which the flag lot is a part, and no remaining portion of
the subject tract shall, as a result of flag lot subdivision, become
landlocked or not practically feasible of development. The developer
shall demonstrate a need, consistent with good planning principles,
for the creation of flag lots and shall further demonstrate that normal
subdivision techniques in accordance with the requirements of the
zone are not practical or feasible because of topography, unusual
shape or land configurations or other physical characteristics of
the land related to the proposed development concept. The developer
shall additionally demonstrate that the proposed location, topography
and physical conditions of the land lying within the confines of the
flag lot right-of-way are sufficient to permit the installation and
maintenance of any access driveway within the confines of the flag
lot right-of-way suitable for uninterrupted access to the proposed
location for the construction of the principal structure within the
flag lot building area by conventional and emergency vehicles at all
times of the year.
A.
The preliminary major subdivision plat depicting the proposed subdivision
of any flag lot shall include the following plot plan details and
information:
(1)
Existing and proposed topography at two-foot contour intervals within
the fifty-foot wide flag lot right-of-way.
(2)
The proposed location and width of the proposed driveway within the
flag lot right-of-way, together with a center-line profile of the
entire length of the driveway, from its point of intersection with
the public street traversing the flag lot right-of-way and into the
flag lot building area to the flag lot building line or the proposed
location for the construction of the principal structure within the
flag lot building area, whichever is greater.
(3)
A center-line profile of the entire length of the proposed driveway
showing the existing and proposed profile plotted at five-foot vertical
and fifty-foot horizontal intervals.
(4)
Drainage improvements needed based upon the proposed driveway profile
at the intersection of the public street and along such proposed driveway
or, alternatively, an affirmative certification by the developer's
engineer that no such drainage improvements are needed.
(5)
Slight triangle profiles form a point in the center line of the proposed
driveway 15 feet from the edge of the traveled way of the public street,
provided that, in the event that the width of the traveled way shall
be less than 30 feet, such sight triangle profile shall be from a
point in the center line of the proposed driveway located 30 feet
from the center line of the existing traveled way of such public street.
(6)
The proposed base course and wearing surface of the proposed driveway, the same to be in accordance with the standards for flag lot driveways prescribed in § 60-47 of this Article.
(7)
Proposed erosion control measures for any side slopes along the proposed
driveway, or alternatively, an affirmative certification by the developer's
engineer that no erosion control measures are required.
(8)
Setback dimensions to all existing dwellings and structures on all
adjacent lots located on the same side of the public street as the
proposed development and within a four-hundred-foot perimeter of any
proposed flag lot.
B.
The Planning Board shall be empowered to grant a planning waiver with respect to any of the aforesaid plot plan details [except the detail required by Subsection A(8) of this section] upon the affirmative finding that, based upon testimonial evidence, engineering certifications or field inspections, the location, topography and physical conditions of the land lying within the flag lot right-of-way area obviously sufficient to permit the installation and maintenance of an access driveway in the proposed location in accordance with the standards of § 60-47 of this Article.
All flag lots to be created shall conform to the following:
A.
The flag lot building area shall be deemed to "front" on such flag lot right-of-way, and the required "lot width" of the flag lot building area abutting such flag lot right-of-way shall be measured along the edge of such flag lot right-of-way, which "lot width" shall be the lot width required at the street line in such zone or, if none is required, the minimum lot width required at the building setback line in such zone. Except as required in Subsection G of this section, all other bulk requirements of the appropriate zone district in which the lands are situated shall relate to such flag lot right-of-way as though the same were a public street, provided that improvements constructed on such flag lot building area need not be oriented to such flag lot right-of-way as though the same were a public street.
B.
The flag lot building area shall be entirely on one side of the flag
lot right-of-way.
C.
Such flag lot shall not be further subdivided, nor may the flag lot
right-of-way be used as access to any other lot or tract of land,
unless all improvements required by the Land Subdivision Ordinances
for the installation of a public street have been installed, including
the construction of a street or road leading from the public street
to all lots proposed to be served, which street shall meet all of
the design and construction standards for a Class B Road set forth
in the Land Subdivision Ordinance. The prohibition against further
subdivision of any such flag lot shall be assured by appropriate notations
of the final major subdivision plat, by a duly recorded deed of restrictive
covenants, or by such other means as may be reasonably required by
the Planning Board.
D.
The lot depth (measured from the edge of the flag lot right-of-way
to the opposite lot line) shall be not less than the requirement for
the minimum lot width at the building setback line applicable to a
conventional lot in such zone district.
E.
Not more than one flag lot shall be permitted for each adjacent or
abutting standard lot having a minimum lot width at the street right-of-way
line applicable in such zone or, if not applicable, having a minimum
lot width at the building setback line applicable in such zone.
F.
No two flag lot rights-of-way shall abut except in the case of circumstances
which require abutting flag lot rights-of-way by reason of the topographical
or other physical constraints of the land.
G.
The minimum distance form any structure to any lot line (exclusive
of permitted accessory buildings, driveways, fences or perimeter walls)
shall be 50 feet, except in the case of structures or improvements
adjacent to the flag lot right-of-way not less than the minimum distance
required for front yard setback applicable in the zone.
The final major subdivision plat depicting the subdivision of
lands which include the subdivision of any flag lot shall include
the following plot plan details and information:
A.
Final topography at two-foot contour intervals within the fifty-foot
wide flag lot right-of-way.
B.
The final width of the proposed or completed driveway within the
flag lot right-of-way, together with a center-line profile of the
entire length of the driveway, from its point of intersection with
the public street traversing the flag lot right-of-way and into the
flag lot building area to the flag lot building line or the proposed
location for the construction of the principal structure within the
flag lot building area, whichever is greater.
C.
A center-line profile of the entire length of the proposed driveway
showing the final proposed or completed profile plotted at five foot
vertical and 50 foot horizontal intervals.
D.
Final drainage improvements, together with any easements relating
thereto.
E.
Final sight triangle profiles, together with appropriate restrictions
against the obstruction of such sight triangles, by notation on the
final major subdivision plat or duly recorded restrictive covenants,
as may be reasonably required by the Planning Board.
F.
The final proposed or installed base course and wearing surface of
the proposed driveway.
G.
The final approved erosion control measures and the final side slopes
along the proposed or completed finally approved driveway.
H.
Any limitations imposed by the Planning Board with regard to the
future installation or principal or accessory structures, together
with appropriate means for enforcement of such limitations, by notations
on the final major subdivision plat or in a duly recorded deed of
restrictive covenants, as may be reasonably required by the Planning
Board.
I.
Such additional and further final major subdivision plat details
as may be required by the Planning Board or the Township Engineer.
