CLARKE · CATON · HINTZ
A Professional Corporation
READINGTON TOWNSHIP, HUNTERDON COUNTY, NJ RESIDENTIAL CLUSTER ORDINANCE
402A "AR" AGRICULTURAL RESIDENTIAL ZONE
402A.1 Permitted Principal Uses - AR Zone.
One of the following:
402A.1.1 Farm (see section 200 for definition of farm) and agricultural
uses, including crops, nurseries, poultry, small animals and livestock raising
and training, including outdoor parking of farm vehicles and equipment.
402A.1.2 Detached single-family dwelling units.
402A.1.3 Public and private open space and parks.
402A.2 Accessory Uses - AR Zone.
402A.2.1 Private residential swimming pools, tennis courts, and other
usual recreation facilities that do not create a nuisance factor as regulated
in section 600.
402A.2.2 Residential tool sheds, garages and storage buildings not to
exceed the height of the principal structure and as regulated in section
600.
402A.2.3 Off-street parking.
402A.2.4 Fences and walls as regulated in section 600.
402A.2.5 Signs as regulated in section 1100.
402A.2.6 Outdoor barbecue structures.
402A.2.7 Essential services.
402A.2.8 Farm storage sheds and barns.
402A.2.9 The sale and processing of agricultural products, the majority
of which are raised or grown on the farm or same farming operation on which
the accessory sale or processing is conducted.
402A.2.10 Home occupations as regulated in section 603.
402A.3 Conditional Uses - AR Zone.
(subject to regulations set forth in section 500.)
402A.3.1 Public and private day schools of elementary and/or high school
grades licensed by the State of New Jersey.
402A.3.2 Churches and houses of worship.
402A.3.3 Cemeteries.
402A.3.4 Home occupations.
402A.3.5 Hospitals.
402A.3.6 Shelters, community residences.
402A.3.7 Social Clubs, lodges and fraternal organizations having no "nuisance
factor."
402A.3.8 Public utilities.
402A.3.10 ECHO housing.
402A.3.11 Previously converted agricultural buildings such as barns,
wagon sheds and chicken coops for storage and warehousing prior to the effective
date of this ordinance.
402A.3.12 Agricultural commercial villages to provide a concentration
of agricultural services and retail village atmosphere.
402A.4 Maximum Building Height - AR Zone. No building shall exceed thirty-five
feet (35) in height and two and one-half stories except that churches and
farm structures shall not be limited in height.
402A.5 Area and Yard Requirements - AR Zone.
402A.5.1 Tracts of land less than 40 acres in size at the time of adoption
of this ordinance:
a. Minimum Lot Size 6 acres
CLARKE · CATON · HINTZ
b. Minimum Lot Circle 350 feet
c. Maximum Floor Area Ratio Per Building Lot .04
d. Minimum Setback from Street Line 75 feet
e. Minimum Setback from Side or Rear Line 40 feet
f. Minimum Frontage on a Street 50 feet
g. Circumference of the minimum lot circle may not be more than 150 feet
from the street right-of-way.
h. Each lot shall have a minimum 75,000 square feet of contiguous useable
land. This standard is established to provide a minimum area on each lot
to support a residence, accessory buildings and structures, useable yard
area and adequate space for on-site wells and septic systems and space for
future replacement system.
402A.5.2 Tracts of land 40 acres or greater in size at the time of the
adoption of this ordinance, and tracts of land 30 acres or greater in size
at the time of the adoption of this ordinance and located adjacent to land
which has been deed restricted for farmland or open space preservation,
shall develop as one and one-half (1.5) acre Open Space Clusters, and tracts
of land 30 acres or greater in size but less than 40 acres and not located
adjacent to land which has been deed restricted for farmland or open space
preservation may elect to develop as one and one-half (1.5) acre Open Space
Clusters with the following requirements:
a. Minimum Tract Area: 40/30 acres
b. Minimum Open Space Set-aside: 70% of tract
c. Minimum Residential Lot Size: 65,000 sq.ft
d. Minimum Lot Circle: 200 feet
e. Maximum Floor Area Ratio Per Bldg. Lot: .12
f. Minimum Front Yard Setback: 60 feet
g. Minimum Rear Yard Setback: 35 feet
h. Minimum Side Yard Setback: 35 feet
i. Minimum Frontage on a Street: 50 feet
j. Circumference of the minimum lot circle may not be more than 125 feet
from the street right-of-way.
k. Each building lot shall have a minimum of 65,000 square feet of contiguous
useable land. This standard is established to provide a minimum area on
each lot to support a residence, accessory buildings and structures, useable
yard area and adequate space for on-site wells and septic systems and space
for future replacement system.
1. A minimum 50 foot wide buffer shall be provided between residential
uses and any land utilized for agricultural purposes. This buffer area shall
be deed restricted from development and shall contain at a minimum a staggered
double row of evergreen plantings, 5 feet in height or equivalent as approved
by the planning board.
m. The open space parcel shall contain a minimum of 70% of the gross
tract area which shall contain a minimum of 65% of the Unconstrained Tract
Area. The Unconstrained Tract Area shall be defined as the area of the tract
that does not contain flood plains, wetlands, 90% of the slopes between
15% and 25% and all slopes greater than 25%, easements (excluding sight
triangles), and right-of-way areas. The stormwater management system for
the proposed subdivision may be located in the open space parcel; however,
the land area of any detention or retention basin(s) shall not be counted
toward the minimum area requirements in this section.
n. The open space parcel shall contain a minimum lot circle of 500 feet.
O Rights-of-way or cartways of any existing or proposed public or private
streets shall not be included in the calculation of the minimum required
open space area.
402A.5.3 Lots within the AR zone that were approved as Agricultural Cluster
subdivisions under previous agricultural cluster requirements, prior to
the adoption of this ordinance, shall be permitted to continue as approved.
§402A.6 Open Space Regulation - AR Zone
§402A.6.1 Open space in One and One-Half (1.5) Acre cluster developments
shall be permanently deed restricted from further development and shall
be utilized either for agriculture, conservation/ passive open space or
recreation as approved by the Township's approving authority and shall be
subject to the following regulations:
I. At the time of subdivision application for mandatory or voluntary
cluster developments under Section 402A.5.2 the applicant shall designate
whether the proposed open space shall be owned and maintained by an open
space organization or be offered for acceptance by the Township or other
governmental agency. If the open space is not to be dedicated to the Township
or other governmental agency, then the developer shall provide for an organization
or trust to own and maintain the open space for the benefit of owners or
residents of the development. Documents establishing and governing the open
space organization or trust shall be in a form that is consistent with §609
of the Readington Township Land Development
Ordinance and the Municipal Land Use Law, NJSA 40:55D-43.
b. It is the intent of this ordinance to preserve open space and farmland
within Readington Township. Open space parcels shall either be devoted to
agriculture, recreation or conservation / passive open space. Where practical,
to the extent that land intended for open space uses is being farmed, it
should remain as farmland.
c. New agricultural construction (e.g. barns, shelters and greenhouses)
shall not result in an F.A.R. of greater than 4% nor an impervious surface
coverage in excess of 10% of the total acreage of the preserved open space
parcel. New agricultural construction must be placed a minimum of two hundred
(200) feet from the property line.
d. The deed of the open space parcel shall state that the non-wooded
portions of the parcel which are not farmed in a given year must be mowed
once each year between July 1 and October 1 to keep the land open. This
shall be the responsibility of the owner of the parcel. If the parcel is
not mowed, the Township may have it mowed and shall bill the owner for the
cost. The Deed to be recorded establishing the open space parcel shall contain
a covenant that the Township shall be reimbursed for any expenses upon failure
of the owner to adequately maintain the non-wooded portions of the parcel,
pursuant to the provisions of §609.4 of the Land Development Ordinance
and the Municipal Land Use Law, NJSA 40:55D-43.
e. The deed of any single family dwelling sold as part of a cluster development
under this section shall contain a notification that the Township zoning
ordinance specifically includes farming as a permitted use in the AR zone
and that the open space in the development may be deed-restricted for farming
use. Furthermore, the developer and/or landowner who plans to sell the dwellings
referenced above shall inform prospective purchasers in writing of the protection
the Township ordinance conveys to agricultural operations.
f. The set-aside of common open space shall comply with section 610.
402A.7 Minimum Off-Street Parking - AR Zone. Each individual use shall
provide parking spaces according to the following minimum provisions. No
parking area or driveway shall be located within fifteen (15) feet of any
property line, except where common driveways are approved by the Board.
402A.7.1 Dwelling units shall provide parking spaces in accordance with
the Residential Site Improvement Standards NJAC 5:21-4.14
402A.7.2 Farm stands shall provide a minimum area for parking to accommodate
two (2) parking spaces for customers plus one for each employee at maximum
shift if not residing on the premises.
717 OPEN SPACE GUIDELINES
The configuration and location of open space parcels resulting from subdivision
development under open space cluster provisions shall be guided by the following:
717.1 The preserved open space area shall be configured in such a manner
as to facilitate continuing or future agricultural use. Factors, such as,
but not limited to, the proposed open space proximity to adjacent tracts
containing farming operations, the ability to create large contiguous tracts
of open space and/or farmland and the desirability of maximizing separation
between farming operations and residential units should be considered.
717.2 In order to maintain the rural character of the Township as perceived
from the public rights-of-way, open space parcels should be located between
clustered homesites and streets.
717.3 Where subdivision tracts include existing farmland operations,
open space parcels should include such uses, to the greatest extent possible,
in order to facilitate the continuation of farming.
717.4 Open space parcels should be located in such a manner (i.e. physical
separation) as to reduce the potential for conflicts between farm operations
and residential uses.
§717.5 Proposed roads should be located within the development portion
of the property. It is the intent to keep the open space portion continuous
and free of intrusions, however, adequate access must be provided to this
area.