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Smart Growth Ordinances: Far Hills Boro--Lot Size Averaging

(Last Amended ?-Source ordinance.com)

Section 703. R-10 Low Density Residential

F. Lot size averaging.

1. Purpose. In some situations the overall planning for a tract may better respond to the intent and purpose of this ordinance if flexibility in the design of a subdivision is permitted. In particular the resource protection goals and programs included in Article VIII of this ordinance, and the goal of maintaining large, contiguous open areas, may be better addressed if some modification of the lot size requirement is allowed. The purpose of this section is to provide an alternative and innovative design technique which, in the judgment of the Planning Board, may further the goals of this ordinance.

2. The minimum tract area shall be 40 acres.

3. The lot size averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional design subdivision. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a concept plan of a conventional subdivision layout. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to 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 concept plan shall be the maximum number of lots permitted under lot size averaging.

4. The applicant must clearly demonstrate to the Board that the lot size averaging plan is preferable to the conventional plan in the achievement of the goals, objectives and purposes of this ordinance and the Borough's 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, overall site design, reduction in impervious coverage, improved circulation, and the site's natural features, topography, and relationship to open spaces on neighboring parcels. The Planning Board shall have the authority to determine whether the lot size averaging plan is preferable.

5. The minimum lot area may be reduced to six (6) acres provided that the average lot area throughout the development shall be at least ten (10) acres. For each lot less than ten (10) acres, one or more lots larger than ten (10) acres shall be provided in order to maintain the average lot area of ten (10) acres throughout the tract. All lots larger than ten (10) acres shall be permanently deed restricted from further subdivision and development in the future other than use for either agriculture or a combination of parcels agriculture and one dwelling unit. The proposed lots shall meet all requirements for safe septic system operation established by applicable Borough, County and State regulations.

6. At least 50% of the minimum 40 acre parcel proposed for development shall meet the definition of usable land.

7. No more than 60% of the proposed lots shall have the minimum front yard setback, and adjacent lots shall have staggered front yard setbacks in order to promote diversity in the lot layout.

Section 704. R-6 Moderate Density Residential

F. Lot size averaging.

1. Purpose. In some situations the overall planning for a tract may better respond to the intent and purpose of this ordinance if flexibility in the design of a subdivision is permitted. In particular the resource protection goals and programs included in Article VIII of this ordinance, and the goal of maintaining large, contiguous open areas, may be better addressed if some modification of the lot size requirements is allowed. The purpose of this section is to provide an alternative and innovative design technique which, in the judgment of the Planning Board, may further the goals of this ordinance.

2. The minimum tract area shall be 40 acres.

3. The lot size averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional design subdivision. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a concept plan of a conventional subdivision layout. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to 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 concept plan shall be the maximum number of lots permitted under lot size averaging.

4. The applicant must clearly demonstrate to the Board that the lot size averaging plan is preferable to the conventional plan in the achievement of the goals, objectives and purposes of this ordinance and the Borough's 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, overall site design, reduction in impervious coverage, improved circulation, and the site's natural features, topography, and relationship to open spaces an neighboring parcels. The Planning Board shall have the authority to determine whether the lot size averaging plan is preferable.

5 The minimum lot area may be reduced to three and one half (3. 5) acres provided that the average lot area throughout the development shall be at least six (6) acres. For each lot less than six (6) acres, one or more lots larger than six (6) acres shall be provided in order to maintain the average lot area of six (6) acres throughout the tract. All lots larger than six (6) acres shall be permanently deed restricted from further subdivision and development in the future other than use for either agriculture or a combination of agriculture and one dwelling unit. The proposed lots shall meet all requirements for safe septic system operation established by applicable Borough, County and State regulations.

6. At least 50% of the parcel proposed for development shall meet the definition of usable land.

7. No more than 60% of the proposed lots shall have the minimum front yard setback, and adjacent lots shall have staggered front yard setbacks in order to promote diversity in the lot layout.

8. All development shall maintain a 200' buffer to Route 202