Aberdeen Township City Zoning Code
§ 25-4.16
"R-70" Single-Family Residential.
[Ord. No. 6-1988; Ord. No. 20-1992; Ord. No. 19-1993]
a.
Purpose. The purpose of the "R-70" District is to provide specific and separate zoning provisions controlling the development of two (2) tracts of land in the Township, commonly known as "Heather Glen At Aberdeen" (Block 12; Lots 1—5 and 8: approximately 17.6 acres) and "The Orchards At Aberdeen" (Block 10; Lots 1—6 and Block 4; Lots 1—2: approximately 28.92 acres), by Order of the Superior Court of New Jersey in resolution of the "Mt. Laurel II" related litigation known as V & G Builders, Inc. vs. The Township of Aberdeen, docket number L-074780-84PW, and BHJ Associates vs. The Township of Aberdeen, docket number L-221143-85PW.
c.
Accessory Uses Permitted.
2.
Private residential tool sheds not to exceed ten (10) feet in height.
3.
Travel trailers and campers may be parked or stored on the premises, and their dimensions shall not be counted in determining the total building coverage. They shall not be used as temporary or permanent living quarters or used for storage while situated on a lot.
6.
Home professional offices.
d.
Density. The tract of land shall be developed at an overall tract density of two and two-tenths (2.2) dwelling units per gross acre of land, rounded to the nearest whole unit number, except that the density may be increased to up to two and six-tenths (2.6) dwelling units per gross acre of land, also rounded to the nearest whole unit number, in accordance with the "'Mt. Laurel' Housing Requirements" specified in subsection 25-4.16g of this Ordinance hereinbelow.
e.
Maximum Building Height. No building shall exceed thirty-five (35) feet and two and one-half (2 1/2) stories and height.
f.
Area and Yard Requirements.
"R-70" District Single-Family Detached Dwellings | |
|---|---|
Principal Building | |
Minimum | |
Lot area(1) | 7,500 sq. ft. |
Lot frontage(2)(3) | 70 ft. |
Lot width(2) | 70 ft. |
Lot depth | 100 ft. |
Side yard (each)(4) | 9 ft. |
Front yard(4) | 25 ft. |
Rear yard(4) | 25 ft. |
Accessory Building | |
Minimum | |
Distance to side line | 3 ft. |
Distance to rear line | 3 ft. |
Distance to other building | 10 ft. |
Maximum | |
Combined building coverage of principal and accessory buildings | 25% |
Footnotes: |
(1) Except that up to ten (10%) percent of the lots may have a lot area not less than seven thousand (7,000) square feet, provided such lots are located in the interior portion of the tract and do not abut any tract boundary line. |
(2) Except that those permitted lots with a lot area between seven thousand (7,000) square feet and seven thousand five hundred (7,500) square feet may have a lot frontage and a lot width of no less than sixty (60) feet. |
(3) Except that the lot frontage may be reduced to not less than forty (40) feet on curved alignments with an outside radius of less than five hundred (500) feet measured from the centerline of the street. |
(4) Except that a first floor entry deck may be attached to the principal building, but shall not be less than seven (7) feet to any property line. |
g.
"Mt. Laurel" Housing Requirements.
1.
By order of the Superior Court of New Jersey, in resolution of "Mt. Laurel II" related litigation known as V & G Builders Inc. vs. The Township of Aberdeen, docket number L-074780-84PW, and BHJ Associates vs. The Township of Aberdeen, docket L-221143-85PW, developers within the "R-70" Single-Family Residential District shall be responsible for monetary contributions in lieu of the actual construction of low and moderate income housing units on-site in accordance with the following:
(a)
A developer shall contribute twenty thousand ($20,000) dollars per unit for twenty (20%) percent of the units, rounded upward to the nearest whole number, to be developed at a density up to two and two-tenths (2.2) dwelling units per acre, to be utilized as follows:
(1)
Forty and one-half (40.5%) percent of the contribution shall be deposited in a fund entitled "Reserved For Woodfield Sewer Lateral Connections" established by the Township of Aberdeen for providing subsidies for sewer lateral connections to existing low and moderate income dwelling units in the Woodfield area of the Township; and
(2)
Fifty-nine and one-half (59.5%) percent of the contribution shall be deposited in a fund entitled "Reserve for Freneau Area Infrastructural Improvements" established by the Township of Aberdeen for the construction of sewer, water and roadway infrastructural construction improvements in the Freneau area of the Township.
(b)
A developer shall contribute an additional ten thousand ($10,000) dollars for eighty (80%) percent of any additional units, rounded upward to the nearest whole number, to be developed at a density between two and two-tenths (2.2) and two and six-tenths (2.6) dwelling units per acre, to be utilized as follows:
(1)
Five and one-half (5.5%) percent of the contribution shall be deposited in the fund entitled "Reserve For Woodfield Sewer Lateral Connections;" and
(2)
Ninety-four and one-half (94.5%) percent of the contribution shall be deposited in the fund entitled "Reserve For Freneau Area Infrastructural Improvements."
(c)
The maximum number of units permitted by this Ordinance and the total required monetary contributions are calculated as follows for the "Lloyd Road" tract (Block 10; Lots 1—6 and Block 4; Lots 1—2, commonly referred to as "The Orchards At Aberdeen") and for the "Line Road" tract (Block 12; Lots 1—5 and 8, commonly referred to as "Heather Glen"):
Tract | Acreage | Total Unit @ Density | Units Contributing | $ Amount Per Unit | Total Contribution |
|---|---|---|---|---|---|
Lloyd Road | 28.92 ac | 64du @ 2.2du/ac plus | 13 (20%) | $20,000 | $260,000 |
11du @ to 2.6du/ac 75 units | 9 (80%) | $10,000 | $90,000 $350,000 | ||
Line Road | 17.6 ac | 38du @ 2.2du/ac 38 units | 8 (20%) | $20,000 | $160,000 $160,000 |
(d)
The three hundred fifty thousand ($350,000) dollars total monetary contribution resulting from the development of the "Lloyd Road" tract shall be apportioned to the "Reserve For Woodfield Sewer Lateral Connections" fund and the "Reserve For Freneau Area Infrastructural Improvements" fund in accordance with subsections 25-4.16g1(a) and 25-4.16g1(b) hereinabove and shall be contributed by the developer in the following manner:
(1)
Ninety-five thousand two hundred ($95,200) dollars within seventy-five (75) days after a resolution of final major subdivision approval is adopted by the Aberdeen Township Planning Board;
(2)
One hundred forty-one thousand fifty ($141,050) dollars upon application for a building permit for the first dwelling unit to be constructed or upon the sale of any lot, whichever first occurs; and
(3)
Two thousand eight hundred forty-three dollars and seventy-five ($2,843.75) cents per dwelling unit payable within fifteen (15) days after the issuance of a Certificate of Occupancy for each of the first forty (40) dwelling units.
(e)
The one hundred sixty thousand ($160,000) dollars total monetary contribution resulting from the development of the "Line Road" tract shall be apportioned to the "Reserve For Woodfield Sewer Lateral Connections" fund and the "Reserve For Freneau Area Infrastructural Improvements" fund in accordance with subsection 25-4.16g1(a) hereinabove and shall be contributed by the developer in the following manner:
(1)
Forty-three thousand five hundred ($43,500) dollars within seventy-five (75) days after a resolution of final major subdivision approval is adopted by the Aberdeen Township Planning Board;
(2)
Sixty-four thousand five hundred ($64,500) dollars upon application for a building permit for the first dwelling unit to be constructed or upon the sale of any lot, whichever first occurs; and
(3)
Two thousand six hundred ($2,600) dollars per dwelling unit payable within fifteen (15) days after the issuance of a Certificate of Occupancy for each of the first twenty (20) dwelling units.
h.
General Requirements.
1.
No lot shall be located closer than one hundred (100) feet along any common property line with an active railroad right-of-way; said land area shall be part of the common open space lands within the development and shall be heavily landscaped and otherwise improved for recreational purposes as specifically approved by the Planning Board.
2.
Regarding the "R-70" District along Lloyd Road, a minimum three (3) acre parcel of land with frontage along Lloyd Road shall be subdivided from the overall tract and dedicated to the Township of Aberdeen for "public purpose use." Said land area may be included in the calculation of the required "common open space" pursuant to subsection 25-4.16i of this chapter hereinbelow.
3.
All other applicable requirements of this chapter shall apply.
i.
Common Open Space Requirements.
1.
Land area equal to a minimum of twenty-five (25%) percent of the tract of land proposed for residential development shall be left undeveloped and set aside for conservation, open space, recreation and/or other common open space. Of the twenty-five (25%) percent common open space land, an area equivalent to at least two hundred (200) square feet per dwelling unit shall be specified on the site plan and approved by the developer as active recreational areas for use by the residents of the development.
2.
The Township shall review the submitted common open space plan in the context of the particular development proposal and the particular characteristics of the subject land area. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.
3.
Common open space lands shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated therein.
4.
In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall set the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed sixty-five (65) days, within which time the deficiencies shall be cured.
(a)
If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.
(b)
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain such open space and recreation areas in reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.
(c)
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 the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.