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Smart Growth Ordinances: RESIDENTIAL CLUSTER DEVELOPMENT

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.