Franconia Township City Zoning Code
ARTICLE XXVIIA
NOD Neighborhood Overlay District 1
§ 145-189.1 Community development objectives.
The primary purpose of the Neighborhood Overlay (NOD) District is to encourage a creative use of the land, the creation of preserved and usable open space areas throughout the Township and more-efficient development patterns in terms of roads and utilities. Specifically, this article provides for a reduction in lot sizes and an increase in density from that which may normally be permitted in the underlying districts, allowing larger amounts of significant natural features and environmental amenities to be preserved as open space. The placement and design of the open space shall aid in reducing the perceived intensity of development, preserve views from exterior roads and encourage expansion of the Township's trail system.
A.
To preserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
B.
To provide greater design flexibility and efficiency in the siting of services and infrastructure by reducing the length of roads, utility runs and the amount of paving required for residential development.
C.
To preserve views from existing exterior roads and reduce the perceived intensity of the development.
D.
To provide an appropriate mix of housing types compatible with nearby uses.
E.
To provide Township residents with additional pedestrian access between residential communities and open space areas, through the use of walking trails.
F.
To implement the goals of the Indian Valley Regional Comprehensive Plan.
G.
To provide for the preservation and maintenance of open land within the municipality to achieve the above-mentioned goals, and for active and passive recreation use by residents.
§ 145-189.2 Eligibility criteria.
The NOD District is established as overlay zoning in specific residentially zoned areas as designated on the Zoning Map. Any lot, land or tract of ground within the bounds of the NOD District may be developed in accordance with the underlying district or in accordance with the NOD District. As to those areas qualifying for NOD overlay zoning, conditional use approval is required pursuant to the procedures of § 145-28.2. An applicant for conditional use approval shall demonstrate compliance with the requirements of this article. The following eligibility criteria shall apply:
A.
The tract must be located within the "Designated Grown Area" as identified by the Indian Valley Regional Comprehensive Plan.
B.
The tract must have frontage on a major collector road or higher classification.
C.
Tract size. The tract of land to be developed shall not be less than 50 acres in area.
D.
The development shall be served by public water and sewer facilities.
E.
The tract of land to be developed shall be in a single ownership or shall be the subject of an application filed jointly by all the owners of the entire tract, who shall stipulate that the entire tract will be developed in accordance with the approved plan.
§ 145-189.3 Conditional uses.
§ 145-189.4 Development requirements.
B.
Open space. The minimum required open space shall be 40% of the net site area.
C.
Mix requirement. No single dwelling type shall be more than 60% of the total permitted dwelling units.
D.
The maximum impervious surface coverage for the site shall be 25%.
E.
Walking trails shall be provided throughout the site. Proposed trails shall connect to existing trail systems, open spaces and exiting residential areas and shall be generally in accordance with the Indian Valley Regional Trails Map.
F.
All dwelling units shall take access from new interior roads. All new residential streets, whether offered to the Township or privately maintained, shall comply with the design standards of § 122-17.
G.
Tract setbacks.
(1)
A perimeter buffer of not less than 75 feet shall be provided along all external property lines. The buffer shall be located in open space and shall not be part of a lot.
(2)
All structures shall be set back 100 feet from all external property lines.
(3)
All structures shall be set back 150 feet from all external road rights-of-way.
H.
Parking. Two off-street parking spaces shall be provided per dwelling unit. Common guest parking at a rate of 0.4 space per dwelling shall be provided. Guest parking may be provided on the street, in a driveway, or in common parking areas.
§ 145-189.5 Single-family detached dwelling requirements.
A.
Minimum lot size: 12,500 square feet.
B.
Minimum lot width: 85 feet.
C.
Minimum front yard: 30 feet.
D.
Minimum side yard: 10 feet, 30 feet aggregate.
E.
Minimum rear yard: 30 feet.
F.
Maximum building coverage (percent of lot area): 30%.
G.
Maximum building height: 40 feet, not exceeding three stories.
§ 145-189.6 Single-family townhouse requirements.
A.
Minimum lot area: 2,600 square feet.
B.
Minimum lot width: 20 feet.
C.
Minimum front yard: 25 feet.
D.
Minimum side yard: 20 feet.
E.
Minimum rear yard: 30 feet.
F.
Maximum building coverage (percent of lot area): 60%.
G.
Maximum building height: 40 feet, not exceeding three stories.
H.
Dimensional standards for unlotted developments. Townhouse buildings may be developed without separate lots for each dwelling unit. In such cases, the equivalent lot area shall be maintained per dwelling unit, and all dimensional standards outlined above, except for minimum lot width, must be met. If no right-of-way is proposed, the buildings shall be set back no less than 50 feet from the center line of the road.
I.
Maximum number of units per townhouse building: six dwelling units.
§ 145-189.7 Open space.
Under NOD standards, 40% of each tract is required to be set aside as protected open space. This open land area shall meet the following standards:
A.
The following uses are permitted in common open space areas:
(1)
Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow).
(2)
Passive recreation, including, but not limited to, trails, picnic areas, community gardens and lawn areas.
(3)
Active recreation, including, but not limited to, pocket parks, playing fields, playgrounds, and courts.
(4)
Neighborhood open space.
(5)
Municipal water and sewer facilities.
(6)
Easements for drainage, access, sewer or water lines or other public purposes.
(7)
Stormwater management facilities for the proposed development or for a larger area in compliance with a watershed stormwater management plan.
(8)
Aboveground utility and road rights-of-way, except that their land areas shall not count toward the required minimum 50% total open land requirement.
(9)
Required buffer area.
B.
Open land areas shall be located and designed to:
(1)
Protect site features identified in the inventory and analysis as having particular value in compliance with the intent of this section.
(2)
Comply conceptually with the recommendations of Franconia's Open Space Plan and/or Comprehensive Plan, where specified.
(3)
Maximize common boundaries with open land on adjacent tracts, as shown in the Comprehensive Plan, where specified.
C.
Safe and convenient pedestrian and maintenance access shall be provided to open land areas.
D.
The following are prohibited in open land areas:
(1)
Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement, emergency and farm vehicles are permitted as needed.
(2)
Cutting of healthy trees, regrading, topsoil removal, and altering, diverting or modifying watercourses or bodies, except in compliance with a land management plan for the tract in question, conforming to customary standards of forestry, erosion control and engineering.
E.
Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include:
§ 145-189.8 Ownership, maintenance and operation of common facilities and open spaces.
The ownership, maintenance and operation of common facilities and open spaces shall be in accordance with § 145-185.
§ 145-189.9 Additional regulations for all uses.
F.
Accessory buildings. Accessory buildings are not permitted for townhouse dwelling units. Accessory buildings for single-family detached units shall not exceed 100 square feet. Storage sheds are permitted behind the principal building but shall be located eight feet from the rear or side property lines.