The boundaries of the zones referred to in Subsection 21-10.1 are hereby established as shown on the Zoning Map of the Township of Bernards, Somerset County, New Jersey, adopted as part of this chapter and as thereafter amended by ordinance, which maps accompany and are hereby declared to be part of this chapter.[1]

The zoning maps are on file in the office of the Township Clerk and are available for inspection; copies thereof are available for purchase to interested members of the public.[2]

In the most cases, zone boundary lines coincide with lot lines or with the center lines of streets, streams or rights-of-way. In those instances where some lines do not follow lot lines, or the center lines of streets, streams or rights-of-way, separate maps are on file with the Township Clerk indicating such zone lines. These maps are supplementary to the zoning maps and are hereby declared to be part of this chapter.

In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be with the Zoning Board of Adjustment.

Permitted Uses. These zones are designed primarily for residential use. The following uses are permitted:

Accessory Uses:

Conditional Uses:

The purpose of the SH-1, SH-2, SH-3, and SH-4 Senior Housing Zones is to provide affordable housing opportunities to the senior residents of New Jersey. All land within the four Senior Housing Zones is intended to be developed with 100% affordable age-restricted housing. It is also the intent that the development across all four zones be owned and managed under a common non-profit management entity in association with the standards and regulations of the U.S. Department of Housing and Urban Development and/or other federal and state affordable housing funding agencies

All other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein shall apply to any development within the SH-1, SH-2, SH-3, and SH-4 Zones. Where there is conflict, this subsection shall govern any development within the SH-1, SH-2, SH-3, and SH-4 Zones.

At no time shall the total number of approved and existing dwelling units for all uses in the SH-1, SH-2, SH-3, and SH-4 Zones exceed 337 dwelling units in the aggregate.

At no time shall the total floor area of approved and existing buildings for all uses in the SH-1, SH-2, SH-3, and SH-4 Zones exceed 259,666 square feet in the aggregate.

Each lot in the SH-1, SH-2, or SH-3 Zone may contain more than one principal building. Not more than one principal building shall be located in the SH-4 Zone.

No development shall be approved unless it provides for water to be supplied to the development by a public utility company.

No development shall be approved unless it provides for the treatment of wastewater from the treatment plant of the Township of Bernards Sewerage Authority.

No building shall exceed 35 feet in height in the SH-1, SH-2, SH-3, and SH-4 Zones. Mechanical equipment or other utility hardware placed on the roof of any building shall be screened from public view.

The minimum distance between any two buildings shall be 25 feet.

Lighting shall be provided in accordance with Chapter 21 of the Land Use Ordinance.

Landscaping and buffering shall be in accordance with Chapter 21 of the Land Use Ordinance. A landscaped buffer not less than 25 feet in width shall be planted around the perimeter of the developed areas of any site in the SH-1, SH-2, SH-3, and SH-4 Zones where such perimeter abuts lands residentially zoned. When in the opinion of the Board natural vegetation on the site can reasonably form such buffer, the Board may designate on the site plan that such existing vegetation is to remain, and such existing vegetation shall be adequately protected during on-site construction. In the SH-4 Zone, to the extent feasible and permitted by relevant standards of the New Jersey Department of Environmental Protection, existing vegetation within the wetlands transition area along the property line abutting the R-7 Zone shall be supplemented with predominantly evergreen plantings.

Sufficient off-street parking shall be provided to meet the needs of the residents, employees and guests of each use in accordance with the following standards:

Signage shall be in accordance with the following:

In addition to all other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein, the following provisions shall apply to an assisted living facility (ALF):

Congregate residences and independent living units, singularly or in combination, are permitted in the SH-1, SH-2 and SH-3 Zones. Independent living units are permitted in the SH-4 Zone. In addition to all other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein, the following provisions shall apply:

Lot area and floor area ratio requirements shall be calculated after deduction of any lot areas required for dedication of any street right-of-way.

Notwithstanding § 21-9.3 of this chapter, when two or more lots within the SH-1, SH-2, SH-3, or SH-4 Zone(s) are combined into a single parcel of land for the purpose of a site plan submission which is approved by the Board, it is not required that the lots be combined as one lot.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include adult day-care centers, Alzheimer's clinic, outpatient geriatric assessment services, continuing care retirement communities and long-term care facilities.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home delivered meals, personal care, housekeeping, medication monitoring and health-related services.

Area and setback requirements shall be as follows:

The total density of independent living units and congregate residences shall not exceed eight dwelling units per acre.

Architectural design of buildings in the SH-1 Senior Housing Zone shall be traditional in nature in context with surrounding neighborhoods.

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include continuing care retirement communities, long-term care facilities and outpatient geriatric assessment services.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home delivered meals, personal care, housekeeping, medication monitoring and health-related services.

The following aggregate standards apply to the construction of an ALF, congregate residences, independent living units and an adult day care center, singularly or in combination on a lot:

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include continuing care retirement communities, long-term care facilities and outpatient geriatric assessment services.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space, a clubhouse/community center, and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home delivered meals, personal care, housekeeping, medication monitoring and health-related services.

The following aggregate standards apply to the construction of an ALF, congregate residences, independent living units and an adult day care center, singularly or in combination on a lot:

Permitted Principal Uses. The following uses are permitted only if provided by a nonprofit organization:

Prohibited Uses. Any use that is not permitted as a principal or accessory use is prohibited. Uses expressly prohibited include adult day-care centers, Alzheimer's clinic, outpatient geriatric assessment services, continuing care retirement communities and long-term care facilities.

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted principal uses, including but not limited to indoor and outdoor amenity space and the provision of supportive services for persons residing in the SH-1, SH-2, SH-3, or SH-4 Zone, including visiting nurses, dining services, home-delivered meals, personal care, housekeeping, medication monitoring and health-related services.

Bulk Standards. The property line facing Manchester Drive, i.e., the easterly property line, shall be considered the front lot line, and the property line abutting the R-7 Zone shall be considered the rear lot line. The remaining two property lines shall be considered side lot lines.

Other Standards Applicable in the SH-4 Zone.

Permitted Uses.

Accessory Uses.

Prohibited uses.

Applicability of other regulations. Except as otherwise specified in this subsection (21-10.4.2), all development within the MH-1 Zone shall be subject to all other provisions of this chapter. Where a provision set forth in this subsection conflicts with a provision set forth elsewhere in this chapter, this subsection shall supersede.

Minimum tract area: 70 acres.

Location of Units. The tract shall have frontage on Mountain View Boulevard. Frontage on a public street is not required. Vehicular access to the development, other than emergency access, shall be limited to Mountain View Boulevard.

Maximum number and specification of multifamily dwelling units: 280 dwelling units, which shall include not less than 60 townhouse units, including townhouse units provided in buildings containing as few as two units (there is a 280-dwelling-unit cap on the number of dwelling units in the MH-1 Zone and a two-unit building qualifies as two townhouse units, notwithstanding any ordinance definition for dwelling units), provided that no less than 62 of the units are to be rental units available to the general public set aside as affordable to low- and moderate-income households (the "affordable units"). The development shall include not less than 28 low-income units, of which at least 10 shall be very low-income units; and shall include a maximum of 34 moderate-income units; provided, however, that the average rent across all affordable units is affordable to households earning no more than 52% regional median income. The affordable units shall be integrated with market-rate units in one or more buildings. The affordable units shall be provided in accordance with the schedule set forth in N.J.A.C. 5:93-5.6(d) and in accordance with all other applicable New Jersey regulations and statutes governing the construction, delivery, marketing, tenant qualification, tenant placement, administration and maintenance of affordable units for inclusionary development.

Term of Affordable Units. In accordance with N.J.A.C. 5:80-26.1 et seq., and in accordance with the voluntary agreement of the owner of the Mountainview property which, in part, induced the Township to rezone that property to an inclusionary low- and moderate-income housing site, the period within which the affordable units shall be restricted to low- and moderate-income households shall be an initial thirty-year term beginning on the date of issuance of a certificate of occupancy for each set-aside unit (the "initial thirty-year term"), followed by a second thirty-year term (the "second thirty-year term") which, however, the Township shall have the option of canceling. In the event that the Township does not provide written notice of cancellation of the second thirty-year term prior to the conclusion of the initial thirty-year term, the second thirty-year term shall begin running automatically at the conclusion of the initial thirty-year term. The Township shall be entitled to credits for the affordable units under the initial thirty-year term for the third round of Mount Laurel compliance. The Township shall be entitled to credits for the affordable units under the second thirty-year term for the round of Mount Laurel compliance in which the units expire as may be allowed by then-applicable law, but those credits shall be subject to forfeiture in the event that the Township cancels the second thirty-year term. After the end of the second thirty-year term, the Township will retain any rights it has under N.J.A.C. 5:80-26.1 et seq. to continue to maintain affordability controls on the Mountainview site.

Minimum number of townhouse units: 60.

Maximum height of buildings, as measured from finished grade based on the grading plan approved by the Board, shall be as follows.

Maximum lot coverage: 20%.

Multifamily buildings (excluding accessory structures and buildings), excluding townhouse buildings, shall comply with the following:

Townhouse buildings shall comply with the following:

Parking setbacks shall be as follows.

Parking spaces may be provided as surface parking or within a building, and shall comply with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21).

Buffers designed and constructed in accordance with Section 21-28 shall be required where a lot in the MH-1 Zone abuts a residentially zoned lot or lots.

The site plan, including the building and parking layout and the location of preserved wooded areas, shall be organized substantially in accordance with Figure Y of this chapter,[1] provided that the building and parking layout shown on Figure Y is meant as a guideline and may be modified by the developer to reflect market conditions, site constraints, applicable development regulations and other relevant factors. The final layout shall be approved by the Board. The site plan application submitted to the Board shall include cross sections through the site graphically portraying the proposed building heights and sight lines as viewed from the adjoining residential zones.

All uses shall be serviced by public water and public sanitary sewer systems.

Subdivision. The subdivision of land within the MH-1 Zone for the purpose of financing, property management, conveyance or creation of fee simple lots for townhouse units or for the separation of the apartment units from the townhouse units shall be permitted by the Board, notwithstanding that after subdivision the individual lots and improvements thereon may not comply with all requirements of this chapter, provided that the pre-subdivision lot remains in compliance with the site plan approved by the Board. Any subdivision shall be subject to the Board conditioning final subdivision approval upon submission by the applicant and approval by the Township Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the development.

Neighborhood Recreation Amenities. The site plan shall include adequate neighborhood recreation amenities to serve each age group residing in the multifamily dwelling units, excluding townhouse units. On-site recreation amenities shall be subject to approval by the Board and shall provide formal and informal recreation activities that may include, but not be limited to, some of the following: outdoor swimming areas, outdoor seating areas, tot lots, playgrounds, play fields, and similar indoor or outdoor active or passive recreation areas. Recreation amenities may also include paths for bike riding, hiking or walking.

Multifamily-family rental dwelling units.

A hotel or extended stay hotel, which may include conference facilities, event space and corporate suites with full kitchens and living accommodations.

Retail sales and services.

Restaurants.

Administrative, business, executive and professional offices.

Banks and other financial institutions.

Child care centers.

Accessory uses customarily incidental to the above permitted principal uses.

Any use not designated as a permitted principal use or accessory use is prohibited.

Minimum tract area: 30 acres.

Minimum tract frontage: 700 feet.

Minimum tract width: 700 feet.

Principal Buildings.

Accessory Structures.

Parking spaces may be constructed as surface parking or within a building or structure, and shall be provided in accordance with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21) and this chapter.

Minimum parking setback from the Martinsville Road right-of-way: 75 feet.

Minimum parking setback from a residential zone, not including a multifamily housing zone: 65 feet.

Minimum parking setback from any other property line: 20 feet.

Loading spaces shall be provided in accordance with this chapter, except shared loading spaces shall be permitted. Where multiple uses occupy a single building, the minimum required number of loading spaces shall be based on the total floor area of the building, regardless of the number of uses in the building. For a hotel or extended-stay hotel building, a minimum of one shared loading space shall be provided to serve all hotel, retail and other uses in the building.

Buffers designed and constructed in accordance with § 21-28 shall be required where the tract in the Westgate Village Mixed Use Zone abuts a residentially zoned lot or lots, not including a lot in a multifamily housing zone.

In addition to the exceptions set forth in Subsection 21-28.2.b, accessory uses and accessory structures not exceeding 500 square feet in footprint or 20 feet in height shall be permitted in buffers when specifically approved by the Board.

Multifamily Uses. For each neighborhood in the development, one main identification sign not exceeding 30 square feet in area and six feet in height shall be permitted. The sign(s) shall be located not less than 20 feet from all tract property lines.

Nonresidential Uses. Freestanding and wall-mounted signs shall be permitted as set forth in this chapter for the E-3 Zone.

In addition to the above, the Board may approve directional, wayfinding and building identification sign(s) which are not intended to be visible from off site, provided each such sign shall not exceed 24 square feet in area.

The affordable housing development shall conform to Chapter 21, Article XIII, Affordable Housing for very low-, low- and moderate-income units and the provisions of N.J.A.C. 5:80-26.1 et seq. (UHAC).

One hundred fifteen multi-family units shall be affordable to low- and moderate-income households and must be included in the initial site plan submitted by the applicant, must be constructed at the same time as any other permitted uses, and must obtain certificates of occupancy prior to or at the same time as any other permitted uses.

The affordable units shall be provided in accordance with UHAC and in accordance with all other applicable New Jersey regulations and statutes governing the construction, delivery, marketing, tenant qualification, tenant placement, administration, and maintenance of affordable units for inclusionary development.

Term of Affordable Units. In accordance with N.J.A.C. 5:80-26.1 et seq., and in accordance with the voluntary agreement of the owner of the Westgate Drive property which, in part, induced the Township to re-zone that property to an inclusionary low- and moderate-income housing site, with other uses permitted, the period within which the affordable units shall be restricted to low- and moderate-income households shall be an initial forty-year term beginning on the date of issuance of a certificate of occupancy for each set-aside unit (the "initial forty-year term"), followed by a second twenty-year term (the "second twenty-year term") which, however, the Township shall have the option of canceling. In the event that the Township does not provide written notice of cancellation of the second twenty-year term prior to the conclusion of the initial forty-year term, the second twenty-year term shall begin running automatically at the conclusion of the initial forty-year term. The Township shall be entitled to credits for the affordable units as may be allowed by then-applicable law. The Township will retain any rights it has under UHAC to continue to maintain affordability controls on the Westgate Drive site.

Income Distribution Requirements. The affordable dwelling units shall be split between very low-, low-, and moderate-income units as those terms are defined in N.J.S.A. 52:27D-304 and UHAC.

Bedroom Mix. The affordable dwelling units shall have a bedroom mix as set forth in UHAC.

Other Affordable Housing Unit Requirements.

Permitted Uses. These zones are designed for office and laboratory uses. The following uses are permitted:

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Conditional Uses:

Permitted Uses. These zones are designed for retail sales and services. The following uses are permitted:

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Conditional Uses:

Permitted Uses:

Accessory Uses: Accessory uses customarily incidental to the above permitted uses.

Conditional Uses. (Reserved)[1]

Permitted uses:

Accessory uses. Accessory uses customarily incidental to the above permitted uses.

Conditional uses:

Standards in Table 402 for the B-4 Zone.

No parking in the front yard for any nonresidential use unless approved by the Planning Board as part of an overall parking plan for the B-4 Zone.

The construction of additional floor area shall be confined to the rear yard of the existing building or structure, provided that none of the setback requirements for the zone are violated.

Existing buildings or structures shall not be removed or destroyed unless the owner can demonstrate that they cannot be used for the intended purpose or practically restored or the Planning Board approves the removal to assist in meeting the goals and objectives of the Liberty Corner Business Zone.

Permitted principal uses:

Permitted accessory uses:

Permitted accessory structures:

Prohibited uses. Any use not designated as a permitted principal use or accessory use in the zone is prohibited, including but not limited to:

Minimum tract area. A village center in the zone must be a development having one or more parcels of land with a total initial land area of at least 21 acres forming a land block for use by the development. For the purpose of calculating parcel acreage or any bulk requirements, the area of existing or proposed public and private streets and/or rights-of-way on the parcel shall be included.

Total nonresidential floor area of a village center development shall not exceed the following:

Minimum building and parking setbacks for nonresidential uses.

Maximum building height: 2 1/2 stories not to exceed 40 feet. Clock towers and flagpoles shall not exceed 50 feet.

A child-care center in a village center development shall be subject to the following area and setback requirements:

The site plan shall be organized to include the vehicular circulation, parking, service access, pedestrian circulation and building locations substantially in accordance with the "Dewy Meadow Retail Study" plan entitled "Final Report" dated May 1, 1998, prepared by Nadaskay Kopelson Architects, and included as Figure A of this chapter.[2] The developer shall provide suitable access for pedestrian and bicycle traffic between the village center project and Crown Court Drive and Spring Valley Boulevard. A decision by the Board regarding access for vehicular traffic through Crown Court Drive shall be considered only after receipt and review of a professional traffic study and demonstration for the need of access. The justification for northbound and southbound vehicular traffic through Crown Court Drive shall be considered separately, with the objective of reducing any unnecessary traffic through Crown Court Drive.

Site plan details shall also include the following:

The disposition and acquisition of any lands required to be set aside for public, semipublic, open space, greenways purposes and outdoor recreation uses.

The phasing, financing and extent of any required municipal off-tract traffic and sidewalk improvements.

Public approvals and municipal and developer actions required to implement any public infrastructure improvements, such as public sewers, stormwater control and sidewalks.

The developer's obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, common areas, lighting, landscaping, drainage, security, security cameras, buffer areas and open spaces, trash removal and internal roadways.

Any agreements relating to an environmentally sensitive area in a village center development.

Consideration of whether the impact of the proposed development will result in budgetary increases to the Township in order to provide any additional services and facilities that will be necessary to service the proposed development. If the impact of the proposed development will result in such budgetary increases, then the Township may request a contribution from the developer so as to limit such budgetary increases and provide the additional services and facilities.

Purpose. The purpose and intent of the multifamily housing overlay zone is to further the purposes of the B-5 Village Center Zone to provide for the housing needs set forth in the Township Master Plan.

Where Permitted. Multifamily housing shall be permitted as an overlay use in the B-5 Zone, which is comprised of an approximately twenty-three-acre tract (Block 8501, Lots 39, 43 and 44) presently occupied by the village center development known as "Dewy Meadow Village." Except as otherwise specified herein, the multifamily housing overlay zone provisions set forth below shall apply only to new multifamily development and shall not apply to the existing village center.

Applicability of Other Regulations. Except as otherwise specified below, a multifamily housing development in the B-5 Zone shall be subject to all other requirements of this chapter, including all requirements of the B-5 Zone. Where a provision set forth elsewhere in this chapter conflicts with a multifamily housing overlay zone provision set forth below, the multifamily housing overlay zone provision shall supersede.

Permitted Principal Uses.

Permitted Accessory Uses.

Prohibited Uses. Any use not designated as a permitted principal use or accessory use is prohibited.

Area, yard and building requirements for a village center containing multifamily housing are as follows:

Minimum Number of Parking Spaces for a Village Center Containing Multifamily Housing. The minimum number of parking spaces for nonresidential uses shall be one space for every 200 square feet of gross floor area. Parking for a multifamily use shall comply with the New Jersey Residential Site Improvement Standards (RSIS; N.J.A.C. 5:21). All required parking spaces shall be located on the same lot as the use requiring the parking; however, parking spaces for a multifamily use may be located on a different lot within the tract, provided that the parking spaces are located within 100 feet of the multifamily building and identified with signs and reserved solely for the multifamily use.

Site Plan for a Village Center Containing Multifamily Housing.

Subdivision of Lots. The subdivision of the tract shall be permitted by the Board, notwithstanding that a lot containing a multifamily use may no longer abut a public street, subject to the requirements of N.J.S.A. 40:55D-36, and subject to the Board conditioning final subdivision approval upon submission by the applicant and approval by the Board Attorney, of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances dealing with items, including but not limited to access, security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items that are to be provided for the village center development.

Neighborhood Recreation Amenities. All multifamily housing developments shall provide adequate neighborhood recreation amenities on the tract, which shall be subject to approval by the Planning Board at the time of site plan approval. Neighborhood recreation amenities shall provide for formal and informal recreation activities, such as but not limited to, recreation fields; outdoor swimming areas; playgrounds; tot lots; play fields; and tennis and other court game facilities. Neighborhood recreation amenities shall also include paths for bike riding, hiking and/or walking. Some level of outdoor recreation shall be provided to serve each age group residing in the multifamily and/or townhouse development.

Permitted Uses. This zone is designed for stone quarrying. Until such time as all quarrying activity has ceased and the quarry use is abandoned, no other use shall be permitted in the zone except child-care centers. At such time as all quarrying activity has ceased and the quarry use is abandoned, the following uses shall be permitted:

Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

All requirements set forth in any ordinance, statute or rule which regulates quarrying shall be complied with.

Section 21-35 of this chapter shall apply only to those performance conditions not otherwise regulated by a governmental agency or authority having preemptive jurisdiction and not covered by the Quarry Licensing Ordinance of the Township.[1]

The requirements in Table 402[2] must be complied with within the M-1 Zone.

Permitted Uses.

Accessory uses and accessory structures, excluding telecommunication structures and heliports.

Requirements for those permitted uses specified in Section 21-10.9.1a1(a) above:

All other applicable provisions of Chapter 21 of the Land Use Ordinance not in conflict with the provisions stated herein shall apply to any development within the P-1, P-2, P-3, P-4 and P-5 Zones.

Permitted Uses:

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Permitted Uses:

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Permitted Uses:

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Permitted Uses:

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

Permitted Uses:

Permitted Accessory Uses. Accessory uses customarily incidental to the above permitted uses.

Density and dimensional requirements shall be as follows:

In the R-1 Zone, the tract shall be greater than seven acres but less than 10 acres, excluding the area of the staff.

In the R-2 and R-3 Zones, the tract shall be greater than four acres but less than six acres, excluding the area of the staff.

Permitted Uses:

Accessory Uses. Accessory uses customarily incidental to any of the permitted uses.

Conditional Uses:

Prohibited Uses. All uses not expressly permitted, including, but not by way of limitation:

Applicable sections of Article V, Development Regulations, shall be complied with.

(Reserved)[2]

Where Permitted. The development PRD-1, Balanced Residential Complexes, are permitted in the R-2 and R-4 Zones only.

Development Requirements:

Maximum Development of Balanced Residential Complexes. There shall be no more than 600 multifamily units constructed under the PRD-1 regulations within the corporate limits of the Township.

Minimum Distance between Balanced Residential Complexes. There shall be a minimum distance between the boundaries of the multifamily development areas of any two balanced residential complexes of 2,000 feet.

Where Permitted. The development of PRD-2, Planned Residential Neighborhoods, is permitted in the R-5 Zone only.

Development Requirements:

Transfer of Residential Density Credits. An owner of land within the R-5 Zone may elect to transfer all or some of the residential density credit attached to such land to another property or properties located in the R-5 Zone. Such transfer of residential density credits is subject to the following conditions:

Access. No individual lots for single-family or twin houses shall have driveway access to or from Valley Road, King George Road or Elizabeth Street.

Notwithstanding any other provision of this section no development in the R-5 Zone shall include more than 1,150 dwelling units.

Single-family dwelling units are permitted uses.

Accessory uses are those permitted in the R-1 Zone.

The minimum tract shall be 50 acres.

The number of lots in a Natural Resource Conservation Development shall not exceed the number of lots which could be developed under the standard development provisions for the R-1 Zone which shall be determined by submission of a qualifying plan which complies with all provisions applicable to standard residential development in the R-1 Zone, including, but not limited to, the maximum lot yield and minimum improvable lot area requirements set forth in Table 401-A.[1]

The development plan shall be in accordance with the density regulations set forth in Table 401 for the R-1 Zone.[2]

A minimum of 50% of the tract must be natural resource conservation open space, which shall consist of open space reserved for conservation, agricultural, recreational or viewshed management purposes in easement areas on individual lots or on separate open space lots owned in common by the property owners in the development. The open space shall be provided in large, contiguous expanses and shall meet the requirements of Section 21-46. With the exception of areas occupied by private roads accessing the development, all areas within 200 feet of existing public streets, excluding interstate highways, shall be included as part of the natural resource conservation open space. An open space plan shall be submitted as a completeness checklist item with the applicant's preliminary subdivision application. The open space may include agricultural and recreational amenities intended for use by an individual property owner or for common use by two or more property owners. Structures such as barns, stables, paddocks, silos, corn cribs, open air/unroofed riding rings which are not lighted for use after dark, and open air/unroofed tennis courts which are not lighted for use after dark may be located within open space areas when shown on the open space plan approved by the Board.

Access to the development from an existing public street shall be by private road owned in common and maintained by a homeowners' association consisting of the property owners within the development. No lot in the development shall have direct driveway access to an existing public street.

Access to individual single-family dwelling units shall be directly from a private road or from a common driveway extending from a private road. Common driveways shall be constructed to a paved width of 16 feet with graded and stabilized shoulders of at least one foot on each side, or as may be approved by the Board to facilitate emergency access. The location of all private roads and common driveways shall be shown on the subdivision plan approved by the Board.

The minimum lot area for single-family dwelling units shall be three acres, including areas within natural resource conservation open space easements. The minimum improvable area requirements set forth in Table 401-A shall be satisfied by the Board's approval of the applicant's conforming qualifying plan and need not thereafter be met on the individual lots within the development.

To encourage the placement of single-family dwelling units within the tract in a manner consistent with a rural agrarian setting and to facilitate the drawing of lot lines to accommodate such placement, lot frontage, lot width and building setback requirements on individual lots within a Natural Resource Conservation Development shall be as follows:

Accessory structures shall comply with Section 21-16, with the following exceptions: detached garages located adjacent to a common driveway may be located in a front yard, notwithstanding the front yard prohibition of Subsection 21-16.1.b; and fences and walls erected for common use purposes, such as for containing livestock, may be located across interior property lines, notwithstanding the setback requirement of Subsection 21-16.2.e.

The maximum coverage on each lot shall be 15%.

No building shall have a height greater than 2 1/2 stories, or higher than 35 feet.

The applicant's preliminary subdivision application shall include a natural resource management plan for the site which shall be coordinated with the stormwater management and open space plans for the development. The natural resource management plan shall describe the goals and methods to be employed for protecting and improving surface and ground water quality, soils, woodlands, meadows, wetlands buffers, stream buffers, viewsheds and any unique plant or animal habitats that may exist on the tract, and shall also include an implementation schedule. The plan must be approved by the Board, and shall be recorded with the documents establishing the homeowners' association.

All applicable sections of Article V, Development Regulations, shall be complied with, except as otherwise provided in this subsection.