Township of Millstone, NJ Article 5 Zoning District Regulations

§ 35-5-1 PURPOSE.

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.

§ 35-5-2 DESIGNATION OF ZONING DISTRICTS.

[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

§ 35-5-3 ZONING MAP.

§ 35-5-3.1 Zoning Map Adopted. [1]

[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.

[1] Editor's Note: The Zoning Map can be found in Appendix D to Chapter 35.

§ 35-5-3.2 Zoning Regulations and Zoning Map Amendments.

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 ZONING BOUNDARY DESIGNATIONS.

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.

§ 35-5-5 SCHEDULE OF AREA, YARD AND BUILDING REGULATIONS.

§ 35-5-5.1 Schedule Adopted.

[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.

§ 35-5-5.2 Schedule Exceptions.

[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.

§ 35-5-6 R-170, RURAL ENVIRONMENTAL ZONE.

[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.

§ 35-5-6.1 Permitted Uses.

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.

§ 35-5-6.2 Permitted Accessory Uses.

[Ord. No. 2015-08 § 1; amended 7-17-2024 by Ord. No. 24-11]

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. Professional offices and home occupations in accordance with the requirements of § 35-4-10.

c. Accessory uses normally incidental to a permitted farm operation, including the following:

1. Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

2. Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

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. A finished, accessory usable space contained within a permitted detached accessory structure shall be permitted with the following standards:

1. The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

2. Kitchens, kitchenettes, and wet bar areas are prohibited.

3. A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

4. A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

§ 35-5-6.3 Conditional Uses.

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.

§ 35-5-6.4 Area, Yard and Building Requirements.

[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.

§ 35-5-6.5 Variable Density.

[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:

(a) The objectives underlying these standards can be met without strict adherence to them; and

(b) Because of peculiarities in the tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.

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:

1. Public or quasi-public organizations or private nonprofit corporations, subject to their acceptance.

2. Homeowner organizations.

3. Shared, undivided interest by all property owners in the subdivision.

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.

§ 35-5-6.6 "Woodsy Lane" Development.

[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.

§ 35-5-6A RU-P RURAL PRESERVATION ZONE.

[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.

§ 35-5-6A.1 Permitted Uses.

[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.

§ 35-5-6A.2 Permitted Accessory Uses.

[Ord. No. 03-24 § III; Ord. No. 2015-08 § 2; amended 5-15-2024 by Ord. No. 24-05; 7-17-2024 by Ord. No. 24-11]

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. Professional offices and home occupations in accordance with the requirements of § 35-4-10.

c. Accessory uses normally incidental to a permitted farm operation, including the following:

1. Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

2. Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

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. A finished, accessory usable space contained within a permitted detached accessory structure shall be permitted with the following standards:

1. The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

2. Kitchens, kitchenettes, and wet bar areas are prohibited.

3. A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

4. A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

g. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3, Off-Street Parking Areas.

§ 35-5-6A.3 Conditional Uses.

[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.

§ 35-5-6A.4 Area, Yard and Building Requirements.

[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.

§ 35-5-6A.5 Lot Size Averaging in the RU-P 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.

§ 35-5-6A.6 Farmland/Open Space Conservation Clusters in the RU-P District.

[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).

§ 35-5-6B RU-C RURAL CONSERVATION ZONE.

[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.

§ 35-5-6B.1 Permitted Uses.

[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.

§ 35-5-6B.2 Permitted Accessory Uses.

[Ord. No. 03-24 § IV; Ord. No. 2015-08 § 3; amended 5-15-2024 by Ord. No. 24-05; 7-17-2024 by Ord. No. 24-11]

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. Professional offices and home occupations in accordance with the requirements of § 35-4-10.

c. Accessory uses normally incidental to a permitted farm operation, including the following:

1. Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

2. Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

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. A finished, accessory usable space contained within a permitted detached accessory structure shall be permitted with the following standards:

1. The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

2. Kitchens, kitchenettes, and wet bar areas are prohibited.

3. A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

4. A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

g. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3. Off-Street Parking Areas.

§ 35-5-6B.3 Conditional Uses.

[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.

§ 35-5-6B.4 Area, Yard and Building Requirements.

[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%

§ 35-5-6B.5 Lot Size Averaging in the RU-C District.

[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.

§ 35-5-6B.6 Farmland/Open Space Conservation Clusters in the RU-C District.

[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).

§ 35-5-7 R-130, RURAL RESIDENTIAL ZONE.

[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.

§ 35-5-7.1 Permitted Uses.

[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.

§ 35-5-7.2 Permitted Accessory Uses.

[Ord. No. 2015-08 § 4; amended 5-15-2024 by Ord. No. 24-05; 7-17-2024 by Ord. No. 24-11]

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. Professional offices and home occupations in accordance with the requirements of § 35-4-10.

c. Accessory uses normally incidental to a permitted farm operation, including the following:

1. Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

2. Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area.

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. A finished, accessory usable space contained within a permitted detached accessory structure shall be permitted with the following standards:

1. The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

2. Kitchens, kitchenettes, and wet bar areas are prohibited.

3. A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

4. A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

g. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3, Off-Street Parking Areas.

§ 35-5-7.3 Conditional Uses.

[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.

§ 35-5-7.4 Area, Yard and Building Requirements.

[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.

§ 35-5-7.5 Variable Density.

[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:

(a) The objectives underlying these standards can be met without strict adherence to them; and

(b) Because of peculiarities in the tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.

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.

§ 35-5-7.6 "Woodsy Lane" Development.

[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.

§ 35-5-7.7 Municipally Sponsored Affordable Housing.

[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

§ 35-5-8 R-80, RURAL RESIDENTIAL ZONE.

[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.

§ 35-5-8.1 Permitted Uses.

The following uses are permitted as a matter of right in this Zone:

a. Detached dwellings.

b. Farms and farm buildings.

c. Non-farm 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 centers in accordance with N.J.S.A. 40:55D-66.5b.

§ 35-5-8.2 Permitted Accessory Uses.

[Amended 5-15-2024 by Ord. No. 24-05]

a. 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.)

b. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3, Off-Street Parking Areas.

§ 35-5-8.3 Conditional Uses.

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.)

§ 35-5-8.4 Area, Yard and Building Requirements.

[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.

§ 35-5-8.5 "Woodsy Lane" Development.

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.

§ 35-5-8.6 Other Provisions and Requirements.

All uses permitted in this Zone shall conform to the following additional requirements:

a. Off-street parking shall be provided in accordance with the requirements of Article 7.

b. All uses permitted in this Zone, other than residential uses and agricultural uses, shall conform to the requirements in Article 4.

§ 35-5-9 R-20, RESIDENTIAL ZONE.

[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.

§ 35-5-9.1 Permitted Uses.

The following uses are permitted as a matter of right in this Zone:

a. Detached dwellings.

b. Post Offices.

c. Family day-care centers in accordance with N.J.S.A. 40:55D-66.5b.

§ 35-5-9.2 Permitted Accessory Uses.

[Ord. No. 2015-08 § 5; amended 5-15-2024 by Ord. No. 24-05; 7-17-2024 by Ord. No. 24-11]

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. A finished, accessory usable space contained within a permitted detached accessory structure shall be permitted with the following standards:

1. The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

2. Kitchens, kitchenettes, and wet bar areas are prohibited.

3. A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

4. A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

c. Professional offices and home occupations in accordance with § 35-4-10.

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.

f. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3, Off-Street Parking Areas.

§ 35-5-9.3 Conditional Uses.

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.

§ 35-5-9.4 Area, Yard and Building Requirements.

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%

§ 35-5-9.5 Other Provisions and Requirements.

Same as specified in § 35-5-8.6 of the R-80 Zone.

§ 35-5-10 NC, NEIGHBORHOOD COMMERCIAL 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.

§ 35-5-10.1 Permitted Principal 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:

1. Bakery.

2. Candy and confectionery store.

3. Clothing store.

4. Delicatessen.

5. Drugstore.

6. Florist.

7. Grocery store.

8. Hardware store.

9. Liquor store.

10. Newspaper, book and tobacco store.

11. Category One and Category Two Restaurants.

12. Toy store.

13. Appliance store.

14. Tavern.

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.

§ 35-5-10.2 Permitted Accessory Uses.

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]

[1] Editor's Note: See § 35-4-9, Accessory Buildings and Structures.

§ 35-5-10.3 Conditional Uses.

[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.

§ 35-5-10.4 Schedule of Area, Yard and Building Requirements.

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%

b. Detached dwellings shall meet the requirements of the R-80 Zone. (See § 35-5-8.)

§ 35-5-10.5 Other Provisions and 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 residential and agricultural uses, shall conform to the requirements of Article 4.

§ 35-5-11 HC, HIGHWAY COMMERCIAL ZONE.

[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.

§ 35-5-11.1 Permitted Principal Uses.

[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:

1. Bakery.

2. Candy and confectionery store.

3. Clothing store.

4. Delicatessen.

5. Drugstore.

6. Florist.

7. Grocery store.

8. Hardware store.

9. Liquor store.

10. Newspaper, book and tobacco store.

11. Category One and Category Two Restaurants.

12. Toy store.

13. Appliance store.

14. Tavern.

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.

§ 35-5-11.2 Permitted Accessory Uses.

[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]

[1] Editor's Note: See § 35-4-9, Accessory Buildings and Structures.

§ 35-5-11.3 Conditional Uses.

[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:

a. Golf courses subject to the standards and conditions as set forth in Article 6.

b. Swim clubs subject to the standards and conditions as set forth in Article 6.

§ 35-5-11.4 Schedule of Area, Yard and Building Requirements.

[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%

§ 35-5-11.5 Other Provisions and Requirements.

[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.

§ 35-5-12 HC-1, HIGHWAY COMMERCIAL. [1]

[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.

[1] Editor's Note: Section 35-5-12, "CI, Commercial Industrial Zone" was deleted in its entirety by Ord. No. 00-04 § V.

§ 35-5-12.1 Permitted Principal Use.

[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:

1. Bakery.

2. Candy and confectionery store.

3. Clothing store.

4. Delicatessen.

5. Drugstore.

6. Florist.

7. Grocery store.

8. Hardware store.

9. Liquor store.

10. Newspaper, book and tobacco store.

11. Toy store.

12. Appliance store.

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.

§ 35-5-12.2 Permitted Accessory Uses.

[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]

[1] Editor's Note: See § 35-4-9, Accessory Buildings and Structures.

§ 35-5-12.3 Conditional Uses.

[Ord. No. 03-24 § VII]

The following uses may be permitted after application to and approval of the Planning Board:

a. Golf courses subject to the standards and conditions set forth in Article 6.

b. Swim clubs subject to the standards and conditions set forth in Article 6.

c. Restaurants including Category-One, Category-Two and Drive Thru and Taverns as set forth in Article 6.

§ 35-5-12.4 Schedule of Area, Yard and Building Requirements.

[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

§ 35-5-12.5 Other Provisions and Requirements.

[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.

§ 35-5-13 BP, BUSINESS PARK ZONE.

[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.

§ 35-5-13.1 Permitted Principal Uses.

[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.

§ 35-5-13.2 Permitted Accessory Uses.

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.)

§ 35-5-13.3 Conditional Uses.

[Ord. No. 05-47 § 3]

The following uses are permitted after application to and approval of the Planning Board:

a. The uses specified in the HC, Highway Commercial Zone (see § 35-5-11.3).

b. Wireless communication antennas on wireless communication towers in accordance with the conditions, standards and limitations specified in § 35-6-3 of this ordinance.

§ 35-5-13.4 Schedule of Area, Yard and Building Requirements.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

BUILDABLE LOT AREA

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."

MAXIMUM TRACT YIELD

The maximum permitted intensity of development (i.e., lot/building coverage and FAR) after accounting for buildable lot area.

USEABLE FLOOR AREA RATIO

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

§ 35-5-13.5 Other Provisions and Requirements.

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.

§ 35-5-14 RC, RECREATION CAMP.

§ 35-5-14.1 Permitted Principal Uses.

[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.

§ 35-5-14.2 Schedule of Area, Yard and Building Requirements.

[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%

§ 35-5-15 PCD PLANNED COMMERCIAL DEVELOPMENT. [1]

[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.

§ 35-5-15.1 Permitted Principal Uses.

[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.

§ 35-5-15.2 Permitted Accessory 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]

[1] Editor's Note: See § 35-4-9, Accessory Buildings and Structures.

§ 35-5-15.3 Conditional Uses.

[Ord. No. 03-24 § X; Ord. No. 05-47 § 3]

The following may be permitted after application to and approval of the Planning Board.

a. Golf courses subject to the standards as set forth in Article 6.

b. Wireless communication antennas on wireless communication towers in accordance with the conditions, standards and limitations specified in § 35-6-3 of this ordinance.

§ 35-5-15.4 Requirements for a Planned Commercial Development.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

BUILDABLE LOT AREA

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."

MAXIMUM TRACT YIELD

The maximum permitted intensity of development (i.e., lot/building coverage and FAR) after accounting for buildable lot area.

USEABLE FLOOR AREA RATIO

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):

§ 35-5-15.5 Schedule of Area, Yard and Building Requirements.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

BUILDABLE LOT AREA

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."

MAXIMUM TRACT YIELD

The maximum permitted intensity of development (i.e., lot/building coverage and FAR) after accounting for buildable lot area.

USEABLE FLOOR AREA RATIO

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):

§ 35-5-15.6 Other Provisions and Requirements.

[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.

§ 35-5-15.7 Prohibited Uses.

[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:

a. Cemetery for human or animal burial or other disposition.

b. Cremation facility for human or animal remains.

§ 35-5-16 FHSC FLOOD HAZARD AND STREAM CORRIDOR OVERLAY ZONE.

[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.

§ 35-5-16.1 Applicability.

[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.

§ 35-5-16.2 Permitted Activities.

[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.

§ 35-5-16.3 Location of Activities on Tracts Partially Within Stream Corridors.

[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.

§ 35-5-16.4 Activities in Stream Corridors and Stream Corridor Buffers When There Is No Reasonable or Prudent Alternative.

[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.

§ 35-5-16.5 Prohibited Activities.

[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]

§ 35-5-16.6 Provisions Governing Activities in Stream Corridors and Stream Corridor Buffers.

[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.

b. The applicant shall also:

1. Rehabilitate or cure the effects of the disturbance caused during construction;

2. Maintain the integrity of the surrounding habitat; and

3. Maintain the existing ability of the stream corridor to buffer the stream.

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.

§ 35-5-16.7 Submission Requirements.

[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.

§ 35-5-17 ACCESSORY APARTMENTS.

[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. Definitions. As used in this section, the following words shall be defined as follows:

ACCESSORY APARTMENT

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.

§ 35-5-18 R-MF MULTI-FAMILY ZONE DISTRICT.

[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.

§ 35-5-18.1 Permitted Principal and Accessory Uses.

[Amended 5-15-2024 by Ord. No. 24-05]

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.

5. Utilities including those enumerated in Subsection a2 herein.

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.

c. In association with a primary residential dwelling, the parking of recreational vehicles and watercrafts is a permitted accessory use, pursuant to the standards of §35-7-3, Off-Street Parking Areas.

§ 35-5-18.2 Inclusionary Development.

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).

§ 35-5-18.3 Area, Yard and Building Requirements.

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. Townhome Building Setbacks:

(a) Front Yard (from Perrineville Road): 50 feet. NOTE: Balconies, patios, and decks may encroach up to six feet into the front yard.

(b) Rear Yard: 30 feet.

(c) Each Side Yard: 25 feet.

(d) Total Side Yard: 60 feet.

(e) From Lot 19.01 and Lot 20, Block 11: 40 feet.

(f) From internal road/drive aisle:

(1) Two-Way: 24 feet.

(2) One-Way: 15 feet.

5. Building to Building Setbacks for Townhome Buildings:

(a) Side to Side: 15 feet.

(b) Back to Back: 30 feet.

6. Maximum units per townhouse building: 10.

7. Water/Sewer Utilities Building Setbacks:

(a) Front Yard (from Perrineville Road): 50 feet.

(b) Side: 25 feet.

(c) Rear: 25 feet.

8. Parking Area Setbacks:

(a) From Perrineville Road: 50 feet.

(b) From Side or Rear Boundary: 10 feet.

(c) From Principal Building: five feet.

(d) Parking is permitted in all yards.

9. Building Height

(a) Maximum Height of Townhome Building:

(1) Feet: 35.

(2) Stories: 2.5.

(b) Maximum Height of Water/Sewer Utilities Buildings:

(1) Feet: 30.

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.

(e) From internal road/drive aisle:

(1) Two-Way: 24 feet.

(2) One-Way: 15 feet.

3. Building to Building Setbacks: 20 feet.

4. Maximum units per multifamily building: 27.

5. Parking Area Setbacks:

(a) From Perrineville Road: 50 feet. NOTE: Calculated from the boundary of Block 11, Lot 19.

(b) From Side or Rear Boundary: 10 feet. NOTE: Calculated from the boundary of Block 11, Lot 19.

(c) From Principal Building: five feet.

(d) Parking is permitted in all yards.

6. Building Height:

(a) Affordable Units:

(1) Feet: 45 feet.

(2) Stories: 3.5.

(b) Market Units:

(1) Feet: 35.

(2) Stories: 2.5.

§ 35-5-18.4 Design Standards.

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.

§ 35-5-18.5 Access, Parking, and Loading Requirements.

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.

§ 35-5-18.6

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.

§ 35-5-18.7 Other Standards.

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.