[Added 5-1-1979 by Ord. No. 0-79-7[1] ; amended 7-29-1980 by Ord. No. 0-80-12; 8-8-1983 by Ord. No.
0-83-15; 11-14-1988 by Ord. No. 0-88-32]
[1]
Editor's Note: This ordinance also provided
for the renumbering of former §§ 101-15 through 101-21
as §§ 102-25 through 101-31, respectively.
In the R-100 Rural Zone, no lot shall be used
and no structure shall be erected, altered or occupied for any purpose
except the following:
A.
Agriculture and farms.
B.
Farm buildings.
C.
Nurseries and greenhouses.
D.
Riding academies, bridle paths and stables.
E.
Detached single-family dwellings and structures accessory
thereto.
F.
Parks and playgrounds.
G.
Conservation and open space areas, e.g., wilderness
areas, forests, wildlife refuges, scenic areas, bird sanctuaries and
woodlot management.
H.
Necessary public utilities and services pursuant to § 101-13.6.
[Amended 10-10-2018 by Ord. No. 18-13]
I.
Buildings, structures and uses owned and operated
by the Township of Plainsboro.
J.
Rural residential planned village clusters, subject
to the following requirements and conforming to the findings of a
planned development as defined by the Municipal Land Use law, N.J.S.A.
40:55D-45, and in accordance with an approved general development
plan.
(1)
The minimum total area to be developed as a rural
village cluster shall be 150 acres. Such area shall be developed in
accordance with a single comprehensive general development plan. Streets
shall not be deemed to divide acreage for the purposes of this requirement
[Amended 8-14-1991 by Ord. No. 0-91-31]
(2)
For rural village cluster developments located in
the R-100 Zoning District, the maximum number of permitted lots shall
be determined by multiplying the net developable acreage of a tract,
after exclusion of environmentally constrained areas and public rights-of-way,
by 0.3 dwelling units per acre and multiplying the net acreage of
environmentally constrained areas and public rights-of-way by 0.166
dwelling units per acre and adding the resultant figures to establish
the maximum number of lots. Environmentally constrained areas shall
include areas designated as wetlands, one-hundred-year flood hazard
areas, water bodies and public rights-of-way. Detailed soil engineering
and geotechnical test data undertaken in accordance with acceptable
engineering standards and practices may be submitted by an applicant
if he seeks amendment of the boundary limits established by state
and federal regulatory agencies which define such environmentally
constrained areas.
(a)
The number of cluster residential lots may be
increased above the number otherwise permitted hereunder where the
Board finds that the application therefor advances the purposes of
the Master Plan and finds that the following standards have been established
by the proofs presented in support of an application for such additional
residential lots in which the additional density is proposed to be
transferred from a noncontiguous property or properties:
[Added 9-24-1997 by Ord. No. 0-97-18]
[1]
The development tract (receiving tract) on which
the cluster development is proposed shall be joined in a single application
for development, together with the preservation tract (sending tract).
[2]
The sending tract shall be located in the R-350
Low-Density Residential Light-Impact Zone.
[3]
The number of additional permitted cluster residential
lots shall be no more than 20% greater than the number of cluster
lots otherwise allowed on the receiving tract regardless of the theoretical
or previously agreed to yield with respect to the sending tract. However,
if the theoretical or previously agreed to yield of the sending tract
is a number of lots that is less than 20% more than the number of
cluster residential lots otherwise allowed on the receiving tract,
then the additional lots transferred to the receiving tract shall
not exceed that theoretical yield with respect to the sending tract.
[4]
The Township Committee has agreed to accept
and an applicant is willing to dedicate, in fee, the sending tract,
or portion thereof, for preservation or other municipal purpose consistent
with the Master Plan.
(3)
No less than 75% of a rural village cluster development
shall be devoted to agricultural, conservation, open space and/or
recreational purposes. All one-hundred-year flood hazard areas and
wetlands shall be permanently restricted for open space. Individual
residential lots or portions thereof shall not be construed as open
space. Designated agricultural, conservation, open space and/or recreational
areas shall be in major contiguous parcels and shall be interconnected
with similar areas on abutting tracts and parcels, having adequate
access to public and/or private roads and in some cases consisting
of land developed for specific recreational purposes. Conservation,
open space and/or recreational areas shall also be interspersed within
the village cluster development. Open space may be used for sewage
disposal systems using techniques conforming to applicable environmental
and engineering standards. Open space areas, for purposes of this
requirement, shall not include, among other things, courtyards, cul-de-sac
islands and miniparks.
(4)
All dwelling units associated with rural village clusters
shall be required to locate within housing areas identified on the
Plainsboro Township Land Use Map.
(5)
Recreational facilities and open space.
(a)
Active recreational facilities may be provided
in a rural village cluster development subject to the review and approval
of the Planning Board. Such recreational facilities may be jointly
provided by two or more developers within the R-100 Zone with convenient
access to all users, provided that the facility and/or recreational
area shall equal the recreational requirements of the participating
properties served. The location of such recreational facilities shall
be carefully planned to provide privacy for the users and to avoid
problems of noise, lighting and similar nuisances which might interfere
with their use and enjoyment by residents of the development.
(b)
The design and use of open space areas interspersed
among groupings of residential dwellings shall protect the natural
resources and qualities of the site, including the natural terrain,
woodlands, significant views and any unique and unusual features.
Open space other than that preserved for its natural values shall
be suitably landscaped. All structures within open space areas shall
be sited so as to retain their visual appeal. The Planning Board shall
require such grading, drainage, planting, walkways, fencing, lighting
and such other improvements in the common open space as may be necessary
to enhance the intended open space and recreational uses.
(6)
To the maximum extent practicable, rural village clusters
shall be located on land not well suited for agricultural purposes
because of size, location, proximity to neighboring land uses, existing
tree mass, access, shape, quality of soil and drainage. The design
and location of rural village clusters shall give priority to protecting
the most suitable soils for subsurface septic disposal (in unsewered
areas only); to leaving prime agricultural soils for agricultural
uses, to avoiding environmentally constrained areas; to locating dwellings
along wooded areas to reduce impacts upon agriculture, to provide
summer shade and shelter from winter wind and to enable new residential
construction to be visually absorbed by natural landscape features;
to not blocking or interrupting scenic vistas, as seen from the public
roadways; and to locating dwelling units and other improvements on
the lower-quality agricultural soils.
(7)
The Planning Board shall permit the subdivision of
all existing (at the time of ordinance adoption) single-family detached
dwelling units with accessory uses and/or farm buildings to be located
on a minimum lot size of one acre as part of the comprehensive development
plan for the village cluster development.
(8)
The applicant for a rural village cluster development
shall execute such statement for prospective homeowners as the Planning
Board requires which recognizes that the applicant is aware of the
purposes and requirements governing the R-100 Zone; and that the applicant
and prospective homeowners are aware that certain disturbances and
annoyances arising from usual commercial agricultural activities can
reasonably be expected to occur seasonally, both during the day and
night; and that, in consideration for being granted the right to construct
or occupy a nonfarm single-family dwelling in the zone, the applicant
hereby waives, on behalf of himself, his heirs, successors and assigns,
all right to object to such reasonable commercial agricultural activities.
(9)
When the major purpose of the rural village cluster
is to preserve open space for agricultural and farming purposes, all
dwelling units shall be located and constructed at such places on
the tract and in such a manner that, to the greatest extent possible,
they shall not segment land of any one farm into awkward or odd-shaped
parcel sizes difficult to support viable farming operations, nor interfere
with the conduct of agriculture, on- or off-site, by limiting or interfering
with the access to fields or the effectiveness and efficiency of the
farmer and farm equipment, including crop-spraying aircraft.
(10)
The following minimum design, bulk and area
requirements shall apply to the development of a rural village cluster:
(a)
The Planning Board shall determine the total
number and location of clusters at the time of general development
plan review.
(b)
Land used for agricultural use shall be provided
access for farm equipment that does not interfere with rural village
cluster vehicular access.
(c)
A development tract's existing road frontage
shall not be totally subdivided into residential lots.
(d)
Impervious surfaces, in the aggregate, shall
not cover more than 40% of the net residential land (as defined above)
of the tract.
(e)
All residential lots shall be serviced by a
public centralized water system and either a public sewer, community
septic system or individual septic systems upon demonstration that
such individual systems are permitted under state law and New Jersey
Department of Environmental Protection policy.
(f)
No habitable dwelling unit area shall be constructed
below grade if the Township Engineer determines that water problems
will result from existing soil limitations. Units shall be designed
in such a manner as to provide maximum security and visual privacy
from adjacent units.
(g)
Twenty thousand square feet shall be the minimum
lot area for a residential lot. The average lot area, including one
dwelling, its accessory uses and private open space, shall not be
less than 25,000 square feet.
[1]
Frontage. The minimum street frontage shall
be 125 feet.
[2]
Lot width. The minimum lot width shall be 125
feet.
[3]
Lot depth. The minimum lot depth shall be 150
feet.
[4]
Front yard. The minimum front yard depth shall
be 50 feet.
[5]
Side yard. The minimum side yard width shall
be 20 feet.
[6]
Rear yard. The minimum rear yard depth shall
be 30 feet.
[7]
Building height. The maximum building height
shall be 35 feet.
(h)
The minimum lot frontage shall not be less than
specified above unless a lot adjoins a cul-de-sac or is on a curved
roadway alignment or is otherwise odd-shaped, in which case the minimum
lot width shall be measured at the front setback line.
(i)
New streets shall be constructed to service
rural village cluster developments instead of subdividing new lots
along existing minor arterial, major collector and minor collector
roadways within the R-100 Zone. In a subdivision abutting arterial
or collector roadways, the frontage shall be reversed so that the
lots contiguous to such streets will front on the newly-created collectors,
local streets or cul-de-sacs, with an additional lot depth of 50 feet
over and above bulk and area regulations. This additional lot depth
shall be a conservation easement used exclusively for planting, screening,
and landscaped earthen berms to be provided by the developer and maintained
by the lot owner or by a homeowners' association, if one is created.
(11)
Land permanently set aside for agricultural,
conservation, open space and/or recreational uses may either be offered
for dedication to Plainsboro Township, deed-restricted to remain with
the original property owner, dedicated to a nonprofit organization
found acceptable to the Township Planning Board and/or protected by
a homeowners' community association. An open space which is not accepted
for public use by the Township Committee shall be protected by legal
arrangements satisfactory to the Planning Board, sufficient to assure
its maintenance and preservation in perpetuity for its intended purpose.
Covenants or other legal arrangements shall specify ownership of the
open space; method of maintenance; responsibility for maintenance;
maintenance taxes and insurance; compulsory assessment provisions;
guaranties that any homeowners' association formed to own and maintain
open space will not be dissolved without the consent of the Planning
Board; and any other specifications deemed necessary by the Planning
Board. The open space left unbuilt upon after development shall be
maintained in accordance with a land management plan prepared by the
developer and accepted and approved by the Planning Board. The developer
shall provide copies of deed covenants with prospective purchases,
or conservation easements with the Township, describing land management
practices to be followed by the party or parties that are responsible
for open space. Further subdivision of open space land, or its use
for other than agriculture, conservation and recreation, shall be
prohibited.
(12)
Within open space areas, the Planning Board
may require the developer to make certain site preparation improvements,
which may include, but are not limited to the following:
(a)
Removal of dead or diseased trees.
(b)
Thinning of trees or other growth to encourage
more desirable growth.
(c)
Removal of trees in areas planned for ponds,
lakes or active recreational facilities.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage
system through the use of protective structures, stabilization measures
and similar improvements.
(f)
Improvement and landscaping of ponds and lakes
to afford appropriate use and enjoyment by the residents.
(13)
Notwithstanding anything in Subsection J(11) hereof to the contrary, land designated as agricultural, conservation or open space may be incorporated into private lots which conform to this chapter upon approval by the Planning Board that such land will be permanently protected from development as an alternative to dedication or protection by a homeowners' community association.
(14)
Buffer areas.
(a)
Any rural village cluster development shall
be buffered from adjoining agricultural lands to create an effective
dense barrier separating yards and fields and pastures, to ensure
that the continuation of agricultural operations in the area will
not be impaired by nuisance complaints. The buffer shall, inasmuch
as possible, be a natural one. The dimensions of the buffer area and
its treatment with landscaping, natural berms and/or fencing shall
be subject to review and approval by the Planning Board.
(b)
Additionally, there shall be a buffer area separating
the village cluster from adjacent streets and residential areas. The
dimensions of the buffer area and its treatment with landscaping,
berms or fencing shall be subject to review and approval by the Planning
Board. However, as a minimum, the buffer area, along all lot and street
lines, shall be 50 feet wide.
(15)
No preliminary approval shall be granted for
any subdivision or site plan in connection with the development of
a rural village cluster unless the Township Health Officer and Township
Engineer have approved plans for potable water supply and sewage disposal
to serve the development
(16)
All historic buildings, as identified on the
Middlesex County Inventory of Historic, Cultural and Architectural
Resources, located within a rural village cluster development shall
be permanently protected and reused by the developer, to the extent
feasible, in conformance with requirements received from the Planning
Board.
(17)
Flexibility and variety in lot and building
layout, roadway construction, utility design and other site improvements
shall be encouraged to best relate the improvements to the land. To
that end, lots, buildings and utilities shall be designed so as to
minimize the alteration of the natural terrain and fit into the rural,
agricultural and open space environment of the R-100 Zone.
K.
Child-care centers, subject to the following minimum
standards:
[Added 12-10-1990 by Ord. No. 0-90-24]
(1)
The applicant shall provide a statement setting forth
all of the particulars on the use.
(2)
The lot upon which such use is proposed shall conform
to the following requirements:
(3)
Accessory buildings shall be set back a minimum of
50 feet to side and rear property lines and other buildings.
(4)
The maximum floor area ratio shall be .025, and the
maximum impervious coverage shall be 10%.
(5)
The maximum building height shall be 35 feet.
(6)
Location of access driveways, landscaping, signage
and general site plan design shall be compatible with the neighborhood
in which the child-care center is to be located.
(7)
The hours of operation shall be limited to 7:00 a.m.
to 7:00 p.m.
(8)
Maneuvering room must be provided on site for parking
and unloading/loading of children so as to preclude the necessity
for backing out onto a public street. No unsafe conditions for pickup
and drop-off of children shall be permitted. The child-care center
shall not create any objectionable traffic conditions.
(9)
Parking areas, pedestrian walkways or other exterior
portions of the premises subject to use by child-care center occupants
at night shall be illuminated to provide safe entrance to and egress
from the center. Any site illumination shall not reflect over the
property lines of the premises.
(10)
There shall be a minimum of 30 square feet of
usable activity indoor floor space for each child in centers that
began operating prior to July 1, 1989, or began operation on or after
July 1, 1989, and service fewer than 16 children. There shall be a
minimum of 25 square feet of usable activity indoor floor space for
each child in centers that began operating on or after July 1, 1989,
and service 16 or more children. Areas for administrative use, bathrooms,
hallways, storage and kitchen areas shall not be counted in calculation
of minimum required indoor floor space.
(11)
An outdoor play area shall be on the same lot
as the child-care center. The areas shall be graded, well drained,
completely fenced and not include driveways, parking areas or land
and uses otherwise unsuitable. All outdoor play areas shall include
sheltered play space.
(12)
No part of any outdoor play area may be situated
in the front yard.
(13)
Storage facilities for movable outdoor play
equipment shall be provided and such equipment shall be stored in
these facilities when not in use.
(14)
All outdoor play areas shall be screened from
adjacent properties by a fence or wall at least six feet in height
and screen plantings within a fifteen-foot setback area along all
property lines. Outdoor areas located near or adjacent to hazardous
areas determined by the Planning Board to be unsafe, including but
not limited to streets, roads, driveways, parking lots, railroad tracks,
swimming pools, rivers, streams, steep grades, open pits, high voltage
lines or propane gas tanks, shall be fenced or otherwise protected
by natural or man-made barrier or enclosure.
(15)
For children in attendance for three or more
consecutive hours, the center shall provide a minimum of 150 square
feet of net outdoor space. When more than five children are using
such a space at one time, there shall be 30 square feet of net outdoor
space for each additional child in addition to the required minimum
of 150 square feet. If a center can demonstrate to the satisfaction
of the Planning Board that it cannot meet the outdoor space requirement
the center shall provide, in addition to space for play rooms, a minimum
of 150 square feet of net indoor floor space. When more than five
children are using such space at one time, there shall be 30 square
feet of net indoor floor space for each additional child in addition
to the minimum of 150 square feet. The indoor floor space may be either
on the site of the center or at another nearby indoor facility, such
as a gymnasium, exercise room or other recreational facility.
(16)
On-site dumpsters shall be adequately screened
by fencing and plantings on all sides except for the area that must
remain unobstructed to allow garbage pickup.
(17)
Child-care centers shall provide one parking
space per 400 square feet of gross floor area, plus one additional
parking space for every six children. Additional parking spaces may
be required if deemed appropriate by the Planning Board.
(18)
Dense landscape screening shall be provided
along lot lines if required by the Planning Board.
(19)
One freestanding sign not exceeding 12 square
feet in area and two feet six inches in height as measured from the
base of the sign is permitted. The sign shall be set back at least
25 feet from all street and property lines.
(20)
Each child center shall be connected to public
sewer and water facilities or alternate systems as may be approved
by the Township Board of Health.
(21)
The site shall be free from any hazards to the
health, safety or well-being of the children.
(22)
The child-care center, including any outdoor
play space provided, shall be so located and designed that there shall
be no objectionable impacts on adjacent or nearby properties due to
noise, activity, visual or other objectionable conditions. The Board
may require such special treatment in the way of design, screening
of buildings, planting and parking areas, signs or other requirements
as it shall deem necessary to protect adjacent and nearby properties.
(23)
All child-care centers must be licensed by the
New Jersey Department of Human Services.
The following procedural requirements and standards are required for all rural residential planned village cluster developments as outlined and described in § 101-15J above:
A.
A developer seeking approval of a rural residential
planned village cluster shall submit a general development plan to
the Planning Board prior to the submission of any application for
preliminary approval.
B.
A general development plan shall include at least
the following components:
(1)
A general land use plan at a scale of one inch to
200 feet, indicating the tract area and general locations of the land
uses to be included in the planned development. The total number of
dwelling units to be provided and proposed land area to be devoted
to residential and other uses shall be set forth. In addition, the
proposed types of other uses to be included in the planned development
shall be set forth, and a residential density shall be provided.
(2)
A circulation plan showing the general location and
types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development.
(3)
An open space plan showing the proposed land area
and general location of parks and any other land areas to be set aside
for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of parks and recreational lands.
(4)
A utility plan indicating the need for, and showing
the proposed location of, sewage and water lines or community septic
systems, any drainage facilities necessitated by the physical characteristics
of the site, proposed methods for handling solid waste disposal and
a plan for the operation and maintenance of proposed utilities.
(5)
A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site.
(6)
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site; existing man-made structures
or features; and the probable impact of the development on the environmental
attributes of the site.
(7)
A community facility plan indicating the scope and
type of supporting community facilities.
(8)
A housing plan outlining the number of housing units
to be provided.
(9)
A local service plan indicating those public services
which the applicant proposes to provide and which may include but
not be limited to water, sewer and solid waste disposal.
(10)
A proposed timing schedule, in the case of a
planned development whose construction is contemplated over a period
of years, including any terms or conditions which are intended to
protect the interests of the public and of the residents who occupy
any section of the planned development prior to the completion of
the development.
C.
During general development plan review, the following
criteria shall be established to the satisfaction of the Planning
Board prior to any grant of approval:
(2)
The function and visual relationship between the rural
village cluster and adjacent developments.
(3)
Consistent with the reasonable utilization of the
land, orientation of buildings so as to take advantage of passive
solar heating, summer breezes and scenic views, while minimizing exposure
to winter winds.
(4)
Pedestrian walkways and bike paths which are linked
to existing and/or proposed off-site walkways and bike path networks.
(5)
Minimization of glare, noise and visual intrusion
of parking lots to external roadways and adjacent developments through
grading, berms and/or plantings.
(6)
Satisfaction of the open space, recreational and conservation
standards and purposes of this chapter.
D.
Terms of approval and modifications.
(1)
The term of the effect of any general development
plan approval shall be determined by the Planning Board, using the
guidelines set forth in this section, except that the term of the
effect of the approval shall not exceed 20 years from the date upon
which the developer receives final approval of the first section of
the planned development.
(2)
In making its determination regarding the duration
of the effect of approval of the development plan, the Planning Board
shall consider the number of dwelling units to be constructed, prevailing
economic conditions, the timing schedule to be followed in completing
the development and the likelihood of its fulfillment, the developer's
capability of completing the proposed development, and the contents
of the general development plan and any conditions which the Planning
Board attached to the approval thereof.
(3)
The developer shall be required to gain the prior
approval of the Planning Board if, after approval of the general development
plan, the developer wishes to make any variation in the location of
land uses within the planned development or to increase the density
of residential development in any section of the planned development
approved by the Planning Board.
E.
A developer, without violating the terms of the approval
pursuant to this article, may, in undertaking any section of the planned
development, reduce the number of residential units or density by
no more than 15%.
F.
Time for completion.
(1)
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit as set forth in the approved
general development plan. If the municipality does not receive such
notification at the completion of any section of the development,
the municipality shall notify the developer, by certified mail, in
order to determine whether or not the terms of the approved plan are
being complied with.
(2)
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the municipality has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
plan, the municipality shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer,
and the approval shall be terminated 30 days thereafter.
(3)
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the municipality shall
have cause to terminate the approval.
In the R-100 Rural Zone, the following may be
permitted as a conditional use upon approval of the Planning Board,
as provided in this chapter:
A.
Farm stands, primarily for the sale of dairy and agricultural
products grown on the farm, subject to the following requirements:
(1)
Lot area. The minimum lot area shall be six acres.
(2)
Setback. The minimum setback from any property line
shall be 200 feet and 75 feet from the public right-of-way.
(3)
Building size. The maximum area for farm stand structures
shall be 1,000 square feet.
(4)
Building height. The maximum building height shall
be one story not exceeding 20 feet.
(5)
Sales restrictions. All items sold from a farm stand
shall be raised or produced primarily on that farm or the land upon
which the farm stand is located.
(6)
Buffer. The Planning Board may require the provision
of a transition buffer or fence if the Board deems it to be needed
for the adequate visual separation of the farm stand operation from
adjoining properties.
(8)
Hours of operation. All agricultural stands' hours
of operation shall be limited to daylight hours.
C.
Churches or other places of worship, subject to the
following requirements:
(1)
Lot areas. The minimum lot area shall be six acres.
(2)
Frontage. The minimum street frontage shall be 400
feet.
(3)
Front yard. The minimum front yard depth shall be
100 feet.
(4)
Side yards. The minimum side yard width shall be 100
feet.
(5)
Rear yard. The minimum rear yard depth shall be 100
feet.
(6)
Parking. All parking shall be located in the rear
or side yard, at a minimum of 50 feet from any property line, and
shall be screened from view from adjacent properties.
D.
Housing facilities for transient or migratory farm
workers, provided that:
(1)
They are located on the farm of an employing farmer.
(2)
They are occupied only during that period of time
when workers are engaged in agricultural pursuits.
(3)
Nothing herein shall be deemed to permit the establishment
of housing facilities for transient labor not engaged in activities
of an agricultural nature.
(4)
They comply with all state, county and local statutes,
rules or regulations covering such housing.
F.
Camps for children owned or operated by tax-exempt
organizations, such as the YMCA, YWCA and the Boy Scouts or Girl Scouts,
provided that such camps shall be on lots of not less than 10 acres.
G.
Detached single-family dwelling residential clusters,
subject to the following requirements:
(1)
The minimum total area to be developed as a residential
cluster shall be 250 acres. Such area shall be developed in accordance
with a single comprehensive plan. Streets shall not be deemed to divide
acreage for the purposes of this requirement.
(2)
The maximum number of cluster residential lots to
be permitted shall be no greater than the number of lots arrived at
by the applicant submitting a sketch plat showing a conventional subdivision
conforming to the permitted zone bulk and area regulations and the
Township's Site Plan and Subdivision Ordinances[3] and elsewhere. In computing the maximum number of lots
that may be created, any lands occupied by public utility easements
or wetlands or otherwise encumbered to the extent that it would be
considered unbuildable shall not be considered as a lot in the preparation
of the sketch plat. Lands which lie in flood hazard areas shall be
deemed acceptable for calculation of cluster residential lots, provided
that, by using standard subdivision design criteria, a building and
its associated septic field is not located within a floodway. Dwellings
shall be set back in conformance with buffer requirements found in
the New Jersey Freshwater Wetlands Protection Act.[4]
(3)
Lots, as determined above, may be clustered, provided
that lands not required for residential use shall be permanently restricted
for agricultural, conservation, open space and/or recreational purposes.
(4)
To the maximum extent practicable, single-family residential
clusters shall be located on land not well suited for agricultural
purposes because of size, location, proximity to neighboring land
uses, existing tree mass, access, shape, quality of soil and drainage.
The design and location of residential clusters shall give priority
to protecting the most suitable soils for subsurface septic disposal
(in unsewered areas only); to leaving prime agricultural soils for
agricultural uses; to avoiding environmentally constrained areas;
to locating dwellings along wooded areas to reduce impacts upon agriculture,
to provide summer shade and shelter from winter wind and to enable
new residential construction to be visually absorbed by natural landscape
features; to not blocking or interrupting scenic vistas, as seen from
the public roadways, and to locating dwelling units and other improvements
on the lower-quality agricultural soils.
(5)
The Planning Board shall permit the subdivision of
all existing single-family detached dwelling units with accessory
uses and/or farm buildings to be located on a minimum lot size of
one acre as part of the comprehensive development plan for the cluster
development at the time of ordinance adoption.
(6)
The applicant for a cluster development shall execute
such statement for prospective homeowners as the Planning Board requires
which recognizes that the applicant is aware of the purposes and requirements
governing the R-100 Zone; that the applicant and prospective homeowners
are aware that certain disturbances and annoyances arising from usual
commercial agricultural activities can reasonably be expected to occur
seasonally, both during the day and night; and that, in consideration
for being granted the right to construct or occupy a nonfarm single-family
dwelling in the zone, the applicant hereby waives, on behalf of himself,
his heirs, successors and assigns, all right to object to such reasonable
commercial agricultural activities.
(7)
When the major purpose of the rural village cluster
is to preserve open space for agricultural and farming purposes, all
dwelling units shall be located and constructed at such places on
the tract and in such a manner that, to the greatest extent possible,
they shall not segment land of any one farm into awkward or odd-shaped
parcel sizes difficult to support viable farming operations, nor interfere
with the conduct of agriculture, on- or off-site, by limiting or interfering
with the access to fields or the effectiveness and efficiency of the
farmer and farm equipment, including crop-spraying aircraft.
(8)
The following minimum design, bulk and area requirements
shall apply to the development of a cluster:
(a)
The Planning Board shall determine the total
number and location of clusters at the time of subdivision and/or
site plan review.
(b)
Land used for agricultural use shall be provided
access for farm equipment that does not interfere with cluster vehicular
access.
(c)
A development tracts existing road frontage
shall not be totally subdivided into residential lots.
(d)
Impervious surfaces, in the aggregate, shall
not cover more than 40% of the net residential land (as defined above)
of the tract.
(e)
All residential lots shall be serviced by a
public centralized water system or private wells and either a public
sewer, community septic system or individual septic systems upon demonstration
that such individual systems are permitted under state law and New
Jersey Department of Environmental Protection policy.
(f)
No habitable dwelling unit area shall be constructed
below grade if the Township Engineer determines that water problems
will result from existing soil limitations. Units shall be designed
in such a manner as to provide maximum security and visual privacy
from adjacent units.
(g)
If lots are clustered, they shall be subject
to the criteria set forth below:
[1]
Lot area. The minimum lot area shall be one
acre.
[2]
Frontage and lot width. The minimum street frontage
and lot width shall be 170 feet.
[3]
Lot depth. The minimum lot depth shall be 150
feet.
[4]
Front yard. The minimum front yard depth shall
be 50 feet.
[5]
Side yard. The minimum side yard width shall
be 25 feet.
[6]
Rear yard. The minimum rear yard depth shall
be 50 feet.
[7]
Building height. The maximum building height
shall be 35 feet.
(h)
The minimum lot frontage shall not be less than
specified above unless a lot adjoins a cul-de-sac or is on a curved
roadway alignment or is otherwise odd-shaped, in which case the minimum
lot width shall be measured at the front setback line.
(i)
New streets shall be constructed to service
cluster developments instead of subdividing new lots along existing
minor arterial, major collector and minor collector roadways within
the R-100 Zone. In a subdivision abutting arterial or collector roadways,
the frontage shall be reversed so that the lots contiguous to such
streets will front on the newly created collectors, local streets
or cul-de-sacs, with an additional lot depth of 50 feet over and above
bulk and area regulations. This additional lot depth shall be a conservation
easement used exclusively for planting, screening and landscaped earthen
berms to be provided by the developer and maintained by the lot owner
or by a homeowners' association, if one is created.
(9)
During site plan and subdivision review, the following
criteria shall be addressed to the satisfaction of the Planning Board:
(b)
The function and visual relationship between
the cluster development and adjacent developments.
(c)
Consistent with the reasonable utilization of
the land, orientation of the building so as to take advantage of passive
solar heating, summer breezes and scenic views, while minimizing exposure
to winter winds.
(d)
Pedestrian walkways and bike paths which are
linked to existing and/or proposed off-site walkway and bike path
networks.
(e)
Minimization of glare, noise and visual intrusion
of parking lots to external roadways and adjacent developments through
grading, berms and/or plantings.
(10)
Land permanently set aside for agricultural,
conservation, open space and/or recreational uses may either be offered
for dedication to Plainsboro Township, deed-restricted to remain with
the original property owner, dedicated to a nonprofit organization
found acceptable to the Township Planning Board and/or protected by
a homeowners' community association. An open space which is not accepted
for public use by the Township Committee shall be protected by legal
arrangements satisfactory to the Planning Board sufficient to assure
its maintenance and preservation in perpetuity for agricultural, conservation,
open space and/or recreational uses as directed by the Planning Board.
Covenants or other legal arrangements shall specify ownership of the
open space; method of maintenance; responsibility for maintenance;
maintenance taxes and insurance; compulsory assessment provisions;
guaranties that any homeowners' association formed to own and maintain
open space will not be dissolved without the consent of the Planning
Board; and any other specifications deemed necessary by the Planning
Board. The open space left unbuilt upon after development shall be
maintained in accordance with a land management plan prepared by the
developer and accepted and approved by the Planning Board. The developer
shall provide copies of deed covenants with prospective purchases,
or conservation easements with the Township, describing land management
practices to be followed by the party or parties that are responsible
for open space. Further subdivision of open space land, or its use
for other than agriculture, conservation and recreation, shall be
prohibited.
(11)
Within open space areas, the Planning Board
may require the developer to make certain site preparation improvements,
which may include but are not limited to the following:
(a)
Removal of dead or diseased trees.
(b)
Thinning of trees or other growth to encourage
more desirable growth.
(c)
Removal of trees in areas planned for ponds,
lakes or active recreational facilities.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage
system through the use of protective structures, stabilization measures
and similar improvements.
(f)
Improvement and landscaping of ponds and lakes
to afford appropriate use and enjoyment by the residents.
(g)
Reforestation.
(12)
Notwithstanding anything in Subsection G(4) hereof to the contrary, land designated as agricultural, conservation or open space may be incorporated into private lots which conform to this article upon approval by the Planning Board that such land will be permanently protected from development as an alternative to dedication or protection by a homeowners' community association.
(13)
Buffer areas.
(a)
Any cluster development shall be buffered from
adjoining agriculture lands to create an effective barrier separating
yards and fields and pastures, to ensure that the continuation of
agricultural operations in the area will not be impaired by nuisance
complaints. The buffer shall, inasmuch as possible, be a natural one.
The dimensions of the buffer area and its treatment with landscaping,
natural berms and/or fencing shall be subject to review and approval
by the Planning Board.
(b)
Additionally, there shall be a buffer area separating
the cluster from adjacent streets and residential areas. The dimensions
of the buffer area and its treatment with landscaping, berms or fencing
shall be subject to review and approval by the Planning Board. However,
as a minimum, the buffer area along all lot and street lines shall
be 50 feet wide.
(14)
No preliminary approval shall be granted for
any subdivision or site plan in connection with the development of
a cluster development unless the Township Health Officer and Township
Engineer have approved plans for potable water supply and sewage disposal
to serve the development.
(15)
All historic buildings, as identified on the
Middlesex County Inventory of Historic, Cultural and Architectural
Resources, located within a cluster development shall be permanently
protected and reused by the developer, to the extent feasible, in
conformance with requirements received from the Planning Board.[6]
[6]
Editor's Note: Former Subsection H, which immediately followed,
regarding family day-care homes, added 12-10-1990 by Ord. No. 0-90-24,
was repealed 11-10-2011 by Ord. No. 0-11-13.
The following shall be permitted accessory uses
in the R-100 Rural Zone:
A.
Any use or structure customarily incident to a principal
permitted use.
B.
Private garages and carports.
C.
Signs.
D.
Private recreational facilities for residences.
E.
Off-street parking.
F.
Customary farm structures, e.g., barns, toolsheds,
greenhouses, seasonal farm and orchard stands.
G.
Residential swimming pools.
H.
Employee living quarters associated with horse tracks
and horse breeding farms.
I.
Fences and walls.
J.
Temporary construction trailers.
A.
Agriculture.
B.
Single-family detached dwellings.
(1)
Area requirements. The minimum area for a single-family
detached dwelling use shall be six acres per unit, except that where
any lot boundary is coterminous with the center line of any street
or road, such area shall be exclusive of the right-of-way.
(2)
Frontage. The minimum street frontage shall be 500
feet.
(3)
Lot depth. The minimum lot depth shall be 300 feet.
(4)
Front yard. The minimum front yard setback shall be
75 feet.
(5)
Side and rear yards. The minimum side yard setbacks
shall be 20 feet, and the minimum rear yard setback shall be 50 feet.
(6)
Building height. The maximum building height shall
be 35 feet except that agricultural storage structures may have a
height determined by the function thereof.
A.
Any person desiring to subdivide and/or otherwise
develop property in the R-100 Rural Zone may elect to apply to the
Planning Board for major subdivision under the following reduced improvement
requirements of this section, with all other major subdivision requirements
applying. The Planning Board shall examine each request to determine
whether it meets the following minimum standard requirements:
(1)
The design of the development shall blend with the
agricultural, open space and rural atmosphere of the R-100 Zone.
(2)
The development shall not adversely affect the development
of adjacent or adjoining property.
(3)
Proposed local streets shall not interconnect with
existing or proposed streets in other classifications to form a continuous
route. They will be designed to discourage any through traffic, will
have the exclusive function of providing access to properties abutting
the street and will follow the contours of the land to the greatest
extent possible.
(4)
The development shall provide for off-site pedestrian
and bikeway interconnections with other residential developments and
public facilities, e.g., schools and parks.
B.
If it is determined by the Planning Board that the proposed development conforms with the minimum standards listed in Subsection A above, the following reduction in standards and improvements may be allowed by the Board:
(1)
The maximum street right-of-way shall be 40 feet,
and the cartway shall be 24 feet with stabilized grass shoulders,
only if the applicant provides for adequate amounts of off-tract homeowner
and visitor parking.
(2)
Private driveways may be constructed of gravel or
another porous material.
(3)
All utilities shall be installed underground.
(4)
Surface stormwater runoff may be carried in open swales
within or outside the street right-of-way to appropriately located
storm inlets as approved by the Township Engineer.
(5)
Curbs and gutters shall not be required except where
excessive grades, drainage considerations or other site conditions
require their installation.
(6)
The concrete sidewalk requirement may be waived under
certain conditions. In lieu of concrete sidewalks along one side of
a street contained within a subdivision, a five-foot-wide pedestrian
walkway of bituminous asphalt or other material acceptable to the
Township Engineer, installed along one side of a comprehensive walkway
network within the subdivision providing access to individual lots
and located outside of a street right-of-way, may be permitted.
(7)
The maximum length of a cul-de-sac measured from an
intersecting street center line to the center point of the closed
end of the cul-de-sac shall not exceed 1,500 feet.
C.
The following criteria shall be utilized by the Planning
Board during subdivision reviews within the R-100 Rural Zone where
it is determined that utilization of a rear-lotting technique is justified
by the Board:
(1)
Access to the rear lot may be through an access strip
held in fee simple ownership, not through an easement over adjacent
property.
(2)
The body of the lot, exclusive of the access strip
connecting it to a street, shall have an area and dimensions meeting
the minimum requirements for the zone.
(3)
The access strip shall be continuous and under the
same ownership as the proposed rear lot.
(4)
The intersection of the access strip with a street
shall be such that access to and from the street, and the improvement
and use of the access strip along the full course of the access strip
and proper sight triangles, as well as the drainage and other site
considerations, shall be provided in a manner not adversely affecting
the remainder of the tract or adjoining properties.
(5)
The proposed subdivision shall not adversely affect
the development of the remainder of the parcel.
(6)
In the event an additional lot or use is proposed,
and said additional lot can only achieve access via the access drive
of the flag lot, the owner of the access strip shall, at his expense,
pave and improve it in accordance with Township standards. Such road
improvements shall be made prior to the issuance of a building permit
for the additional structure. This shall not prevent the access drive
to the flag lot from serving abutting lots that otherwise have street
frontage.
(7)
No more than two access strips shall be contiguous.
The spacing and ultimate number of access strips shall be determined
by the Planning Board during the subdivision review and approval process.
Lots in the R-100 Zone which were conforming
at the time they were created will be considered conforming lots if
they are at least one acre in size.
