Manalapan Township City Zoning Code
§ 95-5.4
Planned development and variable lot size development standards.
[Amended by Ord. No. 95-24; Ord. No. 96-19; Ord. No. 98-03; Ord. No. 98-04; Ord. No. 2000-02]
The following standards shall apply as indicated within specified zone districts to planned development or to variable lot size development. All planned development shall adhere to § 95-7.38, Planned development, and open space design shall adhere to § 95-8.9, Open Space design requirements.
A.
Variable lot size development in the R-20 Residential District.
(1)
Variable lot size development shall be permitted in the R-20 Zone District. The maximum number of residential building lots for the variable lot size development shall be no greater than the number of lots of the subdivided area if developed as a conforming subdivision under the standard R-20 requirements as set forth in the Schedule of Area, Yard, and Building Requirements[1] in compliance with other applicable ordinance standards. The applicant shall submit a yield map showing a conventional conforming layout and such other information as may be required by the approving agency to demonstrate the number of lots permitted.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
Development standards.
(a)
No lot shall be less than 15,000 square feet in size.
(b)
No more than 50% of the total lots shall contain at least 15,000 square feet with minimum frontage of 85 feet.
(c)
No less than 35% of the total lots shall contain at least 20,000 square feet with minimum frontage of 100 feet.
(d)
No less than 15% of the total lots shall contain at least 30,000 square feet with minimum frontage of 150 feet.
(e)
The minimum area dimensions for all proposed lots in a variable lot development within 200 feet of existing lots developed for single-family development shall be equal to adjacent lot size, except that no lot in the variable lot size development shall be required to be more than 40,000 square feet in size.
(f)
The height and building requirements shall be as specified in the R-20 Residential District provisions in the schedule, except that where a lot fronts on an existing road, the minimum front yard setback shall conform to the setbacks on the existing roads, but shall in no event be less than 60 feet.
B.
Planned Development in the R-20 (PD) District. In an R-20 (PD) District only, a planned development application classified as a major subdivision (and major site plan, if applicable) shall be permitted in accordance with the following standards and regulations. The planned development shall consist of townhouses and patio homes.
(1)
The tract of lands shall have a minimum of 50 acres.
(2)
The maximum allowed density of development shall be five units per gross acre of development subject to:
(a)
Such development shall contribute its prorated share for the improvement of the Craig Road-Symmes Road intersection and the Craig Road - Tennent Road intersection.
(b)
The development application shall result in a zero increase in the rate of stormwater runoff, calculated from a base line of an undeveloped condition. The evaluation of calculation shall be based upon the Engineering Field Manual for Conservation Practices, issued by the United States Department of Soil Conservation Service or equivalent standards approved by the Township Engineer.
(c)
No townhouse or patio unit or accessory parking area thereto shall be located within 50 feet of the tract boundaries of the development nor within 100 feet of the perimeter boundaries of any single-family residential unit with an area size of two or less acres.
(3)
All other standards and requirements for townhouse and patio dwellings shall be as specified below.
(a)
A minimum of 20% of the total area of the tract, not including land designated as floodway by the New Jersey Department of Environmental Protection shall be set aside as permanent open space. The land so established shall comprise one or more areas of not less than three contiguous acres each and will be used by the Township or homeowners' association for general open space, recreation or education. The Planning Board may accept, in lieu of open space areas established by individual lot, designation in ownership by an owner's association or the Township, all or portion of the required open space and included in one or more individual, privately owned lots with a servient conservation easement.
(b)
No townhouse or patio home structure shall be closer than 50 feet to any public street.
(c)
Off-street parking facilities for the use of residents and guests shall be provided in accordance with the provisions of Article XI of this chapter.
(d)
The minimum floor area per unit shall be 750 square feet.
(e)
The maximum permitted building coverage is 20%.
(f)
Deck, patio and fence standards. Single level decks and patios at the first floor shall be permitted of a maximum depth of 12 feet from the outermost exterior wall of all premier units and from the outermost exterior wall in the classics, which is the fireplace wall. The deck and patios shall have a maximum width of 20 feet; however, in no case shall the width exceed the projection of the sidewall lines of each individual dwelling unit. Decks and patios shall be wood, brick paver or flat stone construction with sand packed joints. No overhead construction or enclosures of decks or patios shall be permitted. Shadow box board on board wood privacy fences shall be permitted at a height of six feet above the surface level of the deck or patio and a projection of not more than eight feet from the rear wall of the dwelling unit. Only one privacy fence shall be permitted between adjoining dwelling units.
C.
Planned retirement community in the R-20 (PRC) District.
(1)
A townhouse or patio home residential cluster development shall be permitted as a planned retirement community in the R-20 (PRC) District, subject to the following standards and requirements.
(a)
Minimum lot requirements. The minimum area for a planned retirement community (PRC) shall be 25 acres.
(b)
The site shall have direct access and frontage on a major road as designated on the Township Master Plan of roads.
(c)
The amount of frontage on major roads shall be sufficient to provide not less than two distinct and different means of access to the entire tract.
(d)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(e)
The tract shall be situated so as to provide convenient access to shopping facilities for residents.
(f)
The residential density of the PRC shall not exceed six units per gross acre.
(g)
There shall be not more than 10 dwelling units in one building or structure.
(h)
Not more than 20% of the gross area of the entire PRC shall be covered by residential buildings.
(i)
All residential buildings shall be set back at least 25 feet from an interior roadway and at least 15 feet from a driveway or off-street parking area. All nonresidential buildings shall be set back at least 40 feet from any interior roadway.
(j)
In no case shall the distance between any buildings and structures be less than 25 feet at the closest point of separation.
(k)
No buildings or structures, other than entrance gate-houses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract, except that along a state highway right-of-way, the minimum setback shall be 300 feet for any dwelling unit, except that the Planning Board may reduce this distance if man-made sound barriers are provided.
(l)
Private interior roads and driveways shall have the following minimum widths as measured from the face of curb to face of curb: two-way traffic, 24 feet; and one-way traffic, 20 feet. All public roads shall be designed in accordance with requirements for local streets. The land area contained within the public road right-of-way shall not be included in the area determining density of development.
(m)
Off-street parking facilities shall be provided in accordance with Article XI of this chapter.
(n)
There should be provided a safe and convenient system of walks accessible to all occupants. Due consideration should be given in planning walks and ramps to prevent slipping or stumbling. Handrails and ample place for rest should be provided. Grading of walks shall not exceed 10%; single-riser grade changes in walks shall not be permitted; all walks adjacent to streets or driveways shall have a minimum width of four feet.
(o)
Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas which is sufficient for the safety and convenience of the residents.
(p)
Not less than 20% of the gross area shall be devoted to open green area.
(q)
There shall be not less than 10 square feet of floor space per dwelling unit provided in community buildings. Such facilities shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms or other similar facilities.
(r)
Not less than 5% of the gross area of the tract shall be developed for outdoor recreational use. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts and other appropriate facilities.
(s)
Fire alarms. Fire alarms shall be installed in each dwelling unit in accordance with the requirements of the Uniform Construction Code, which became effective January 1, 1977 (N.J.S.A. 52:27D-119 et seq.). With regard to any planned retirement community already under construction as of the effective date of the Uniform Construction Code, installation in such planned retirement community of a fire alarm system containing both smoke and heat detectors and which also contains an external horn and beacon service for each particular condominium building shall be deemed to satisfy all previous requirements of the Planned Retirement Community Ordinance as to fire alarms, provided that such system, including an externally mounted horn and beacon for each building, shall be installed throughout the entire community.
D.
Single-family detached residential cluster development in the R-40/20 District. A single-family residential cluster shall be permitted in the R-40/20 District subject to the following standards and regulations:
(1)
The minimum gross area proposed for development shall not be less than 30 contiguous acres.
(2)
A minimum of 25% of the total land area of the tract, not including land areas classified as floodway area, or area of special flood hazard, or as a wetland by the New Jersey Department of Environmental Protection, shall be set aside as permanent open space. The land so established shall comprise one or more areas of not less than five contiguous acres each and will be used by the Township or homeowners' association for general open space, or other such municipal purposes. The Planning Board may accept, in lieu of open space areas established by individual lot, designation in ownership by an owner's association or the Township, all or a portion of the required open space land included in one or more individual privately owned lots with a servient conservation easement.
(3)
Height, area and building requirements shall be as specified for R-40/20 Clusters on the Schedule of Area, Yard and Building Requirements Exhibit 5-1, Residential Districts.[2]
[2]
Editor's Note: Exhibit 5-1 is included at the end of this chapter.
E.
Golf Course Residential Community District.
(1)
Purpose. The purpose of the Golf Course Residential Community District is to continue the golf course character of the area through the employment of combined recreational and residential uses in order to maximize open space, recreational area, the preservation of the environment, and designed to minimize the impact on Monmouth Battlefield State Park. Within this zone a combination of dwellings, as well as certain golf course recreational and maintenance structures, may be permitted as a golf course residential community. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to insure adequate open space, site buffering, appropriate densities, proper ingress, egress and circulation of traffic, stormwater detention, grading, and drainage. The intent of this zone is to encourage the use of imaginative design, to provide adequate open space, recreational area and preservation of the environment.
(2)
In order to encourage and enable a golf course residential community of desirable and imaginative design to maintain the standards of this section, it is required that all sections or phases be developed in accordance with a comprehensive plan for the overall development of the property as approved by the Planning Board. Development successors in title, if any, shall be bound by commitments made by this overall development plan.
(a)
If developed in sections or phases, the first section or phase shall include, at a minimum, the golf course and all improvements necessary to serve the golf course, as well as all improvements to serve the individual section or phase of residential development. This is to ensure that not less than an eighteen-hole golf course will be dedicated and that each section or phase can be self supported and complete.
(b)
The development shall include single-family detached age-restricted adult housing units with such units comprising a minimum of 20% and a maximum of 25% of the total permitted residential units.
(3)
Area, height and building requirements for a golf course residential community shall be as follows:
(a)
Maximum area of building and impervious coverage. The maximum area of land coverage by all structures in a golf course residential community shall not exceed 30% of the total site area.
(b)
Minimum open area and recreation space. The minimum open space and recreation space area required in a golf course residential community shall not be less than 60% of the total gross acreage of the site. Not more than 20% of the recreation area and open space shall be wetlands and related buffers. "Open area" shall be defined as that area of land which is permanently set aside and designated on the site plan as dedicated open space, conservation easement or in such other form as will insure that such property shall remain open and undeveloped. "Recreation space" shall be defined as that area of land permanently set aside and designated on the site plan as open space being devoted to recreational use for golf or associated recreational activities. The provisions for the organization to maintain and own recreation space shall be subject to the review and approval of the Township Attorney.
(c)
The golf course shall as a minimum, be an eighteen-hole standard golf course which shall be integrated into the residential community through the design of a linear fairway system that maximizes the number of dwelling units which border the golf course. The majority of the residential units shall be designed to be clustered along the system of fairways and greens in order for the Planning Board to conclude that the purpose and location of the common open space and the amenities of recreation and visual enjoyment are adequate pursuant to N.J.S.A. 40:55D-45.
(d)
Maximum density and area requirements: The maximum gross residential density shall not exceed 1.1 units per acre. This figure shall be calculated by multiplying the gross acreage of the tract by 1.1. That portion of the land developed to residential use (exclusive of open area and recreation space) shall never exceed a density of six units on any acre exclusive of wetlands, flood hazard areas and stream corridors.
(e)
The residential development must be serviced by a municipal or public water supply and sanitary sewer system which shall be installed by and at the expense of the developer. It is recognized, subject to the rules and regulations of the State of New Jersey, that private wells may be utilized for the operation and maintenance of nonpotable water demand for facilities such as the golf course and common lawn area irrigation.
(f)
Minimum standards for residential development.
[1]
All residential lots for single-family detached dwellings in the golf course residential community shall conform to the following schedule:
[a]
Minimum lot area: 8,000 square feet.
[b]
Minimum lot frontage: 80 feet except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 70% of the required lot frontage.
[c]
Minimum lot width: 80 feet.
[d]
Minimum front setback: 25 feet.
[e]
Minimum side yard: 10 feet; total both sides 25 feet.
[f]
Minimum rear yard: 25 feet.
[g]
Maximum building height: 2 1/2 stories and 35 feet in height.
[h]
Accessory building: same as principal structures except rear setback, 10 feet.
[i]
Minimum building size: one-story dwelling, 1,900 square feet; two-story dwelling, first floor 1,200 square feet, second floor 1,100 square feet.
[i]
All residential lots for age-restricted single-family detached dwelling units shall conform to the following schedule:
[A]
Minimum lot area: 6,000 square feet.
[B]
Minimum lot frontage: 50 feet, except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage.
[C]
Minimum lot depth: 120 feet.
[D]
Minimum lot width: 55 feet at the front building setback line.
[E]
Minimum front setback line: 25 feet.
[F]
Minimum side yard: five feet one side; 15 feet total for both sides. The five-foot requirement shall apply to driveways, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
[G]
Minimum rear yard: 20 feet.
[H]
Maximum building height: 35 feet and 2 1/2 stories.
[I]
Maximum impervious lot coverage: 60%.
[J]
Accessory building: same as principal structures except rear yard setback: 10 feet.
[K]
Minimum building size: 1,300 square feet of habitable floor area, with a minimum of an attached one car garage.
[ii]
There shall be not less than 15 square feet of floor space per age-restricted dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of persons 55 years of age and older.
[iii]
Deed restrictions: Approval of age-restricted adult housing units in the Golf Course Residential Community District shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to insure that:
[A]
The age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act.
[B]
Open space and recreation areas shall be located in appropriate locations and arranged in such a manner and with such facilities so as to further and foster the purposes of the age-restricted adult housing.
[C]
Residents of the age-restricted adult housing component of the golf course residential community shall have the same access and opportunities to utilize the golf course and community amenities as other residents of the community.
[D]
Prohibiting the conversion of garage space to living space.
The age-restrictive covenants shall be subject to review and approval of the Township Attorney. |
[2]
All residential lots for attached townhouse dwellings in the golf course shall conform to the following schedule:
[a]
Minimum lot area: 1,500 square feet.
[b]
Minimum lot width: 24 feet.
[c]
Minimum lot depth: 75 feet.
[d]
Minimum front setback: 25 feet.
[e]
Minimum rear yard: 20 feet.
[f]
Maximum building height: 2 1/2 stories and 35 feet.
[g]
Minimum floor area: 1,000 square feet for one story, 1,600 square feet for two-story structures.
[i]
A maximum of 25% of the total residential units may be townhouse type units.
[ii]
All buildings shall be of designs which are compatible with other residential structures in the community to achieve a maximum of architectural harmony. In siting rows of townhouses, dwelling units contained within each row must be staggered to avoid a monotonous uniform appearance.
[iii]
There shall not be more than eight nor less than four attached townhouses in any row. There shall not be more than two contiguous units located in a row without a horizontal offset of at least six feet unless the Planning Board determines that the architectural treatment of the building location provides sufficient visual interest and does not create a monotonous appearance.
[iv]
No structure containing a group of attached townhouses shall exceed a length of 200 feet.
[v]
Townhouse buildings shall be spaced as follows:
[A]
Front to front: 75 feet.
[B]
Rear to rear: 75 feet.
[C]
End to end (window wall to windowless wall): 30 feet.
[D]
End to end (windowless wall to windowless wall): 25 feet.
[E]
Any building face to the cartway of a residential access street: 25 feet.
[F]
Any garage face to the cartway of a residential access street: 30 feet.
[G]
Any garage face to the sidewalk of a residential access street: 30 feet.
[3]
All residential lots for semidetached (patio home/duplex) dwellings shall conform to the following schedule:
[a]
Minimum lot area: 3,000 square feet
[b]
Minimum lot frontage: 40 feet.
[c]
Minimum lot width: 40 feet.
[d]
Minimum lot depth: 75 feet.
[e]
Minimum front setback: 25 feet.
[f]
Minimum rear yard: 20 feet.
[g]
Maximum building height: 2 1/2 stories and 35 feet.
[i]
A maximum of 30% of the total residential units may be patio home type units.
[ii]
All semidetached units shall have a minimum side requirement of zero feet on one side and 10 feet on the other side.
[iii]
Semidetached buildings shall be spaced as follows:
[A]
Front to front: 75 feet.
[B]
End to end (window wall to windowless wall): 30 feet.
[C]
End to end (windowless wall to windowless wall): 25 feet.
[D]
Any building face to the cartway of a residential access street: 25 feet.
[E]
Any garage face to the cartway of a residential access street: 30 feet.
[F]
Any garage face to the sidewalk of a residential access street: 30 feet.
[4]
Parking requirements. Each dwelling unit shall provide off-street parking as specified by § 95-9.2B of this chapter. Not less than one of the parking spaces shall be contained in a fully enclosed garage. Convenient locations shall be provided throughout the community to incorporate visitors parking spaces.
[5]
Perimeter. No building or structure, other than entrance gatehouses, walls or fences shall be located within 50 feet of any exterior boundary line of the tract.
[6]
Streets and other requirements. Interior streets shall be based on the projected needs of the full community development of all land itself as proposed in the development plans submitted to the Planning Board, as well as the need for fire-fighting and other emergency vehicles. Interior roads shall be constructed to Township standards and specifications. Where no on-street parking is anticipated, the Planning Board may relax these standards and the interior roads shall have the following minimum widths as measured from edge of pavement to edge of pavement: two-way traffic, 26 feet; one-way traffic, 20 feet. Associated with the interior roads, a minimum right-of-way width of 40 feet shall be provided. A safe and convenient system of continuous walkways shall be provided. Artificial lighting shall be provided along all interior roads and walkways which lighting shall be sufficient for the safety and convenience of the residents and in accordance with Planning Board recommendations.
(4)
Open space.
(a)
The developer shall provide for an organization for the ownership and maintenance of any open space, inclusive of open space devoted to recreational use for golf associated activities, for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space except to an organization conceived and established to own and maintain open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any open space without first offering to dedicate the same to the Township of Manalapan.
(b)
In addition to the open space set aside for recreational use, inclusive of the golf course, there shall be provided an overall area of at least 1,000 square feet per unit for common open space designed and intended for the exclusive use of the residential areas of the development. Such open space shall not be within a wetland, wetland transition area, or flood hazard area. The person or organization having responsibility for maintenance of such open space shall be the homeowners' association. All such space shall be protected by fully recorded covenants or dedications running with the land. Homeowners' open space shall be convenient to the dwelling units and shall be interconnected. Linking passageways shall not be less than 20 feet wide.
(c)
In the event that the organization with the responsibility for open space fails to maintain it in reasonable order and condition, then the Township of Manalapan, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.
(5)
Homeowners' association.
(a)
Prior to receipt of final approval of the golf course residential community or any section thereof, the applicant shall submit to the Township Attorney for review, and reasonable approval a copy of the proposed master deed, articles of incorporation, covenants, bylaws and related documents concerning the homeowners' association.
(b)
A homeowners' association shall be established for the purposes of owning and maintaining common property designed as part of a golf course residential community in a manner enabling the association to meet its obligations and responsibilities. A homeowners' association shall incorporate the following provisions:
[1]
That the homeowners' association shall consist of the owners of each of the residential units created as part of the development. Required membership and responsibilities upon the members shall be in writing between the association and each property owner in the form of a covenant with each agreeing to liability for his pro rata share of the association's costs.
[2]
That the association shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the association and shall hold the Township of Manalapan harmless from any liability.
[3]
That the assessment levied by the association upon each property owner may become a lien upon each property owner's property.
[4]
That the association shall clearly describe in its bylaws all the rights and obligations of each occupant and property owner including a copy of any covenants, dedications, deeds and articles of incorporation of the association and the fact that every occupant and property owner shall have the right to use all common properties.
[5]
That each of the members of the homeowners' association shall have the right to become a member of the golf club for the standard fees and dues charged to nonhomeowner association members.
(6)
Application procedure.
(a)
Review and approval of an application for a golf course residential community development, which development contemplates construction over a period of years, shall be in accordance with site plan and major subdivision procedures as contained in Article IV of this chapter.
(7)
Responsibility for utilities and services. Within the golf course residential community, except as otherwise provided by law and any other public agency having jurisdiction over this matter, all private roads, walkways, services, utilities, maintenance and expenses which are comprised of or incurred in any of the interior sections of the golf course residential community shall be the obligation of the unit owners.
(8)
Development standards. The minimum design and construction requirements for streets, roads, sidewalks, sewer facilities, utility use and drainage shall be in compliance with appropriate Manalapan Township regulations and ordinances.
(9)
Facilities and structures related and appurtenant to the recreational uses, including a clubhouse which may include a banquet facility, central dining room, lounge, pro shop, locker and shower areas, and a central office area and similar uses related to the activities of the golf course and the planned recreational community shall be permitted as accessory uses. Existing clubhouse facilities comprise a structure of 2 1/2 stories with 26,276 square feet of floor area. Along with this are banquet facilities with a seating capacity of 400, and dining facilities with a seating capacity of 135. Any expansion beyond these facilities will be allowed only at the discretion of the Planning Board, with subsequent site plan approval. Off-street parking and loading facilities shall be provided at the clubhouse sufficient to meet the parking requirements of all the activities at the clubhouse without shared use of parking stalls.
F.
Planned office parks in the OP-10 and OP-10A Districts.
(1)
The area, yard and building requirements for the OP-10 and OP-10A Districts shall be as specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial and Office Districts,[3] except that the minimum requirements may be modified as permitted hereinafter for lots created by major subdivision for a Planned Office Park within the OP-10 or OP-10A District as follows:
(a)
Planned office park. A planned office park in the OP-10 District shall consist of a tract or parcel of land having a total area of not less than 25 acres. In the OP-10A Zoning District the minimum tract area shall be 20 acres. Any office park which is proposed to be phased shall be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements of Article VIII.
(b)
Lot area. Individual sites or lots shall be of such size that the development will have architectural unity and flexibility in arrangement and be of such size that all space requirements provided in this chapter are satisfied; however, no lot shall have an area of less than 1.5 acres.
(c)
Minimum yard depth: 50 feet from the lot line forming the boundary of the park development and a minimum of 100 feet from a public street.
(d)
Lot coverage: 25% by buildings(s).
(e)
Maximum building height: one foot of building for each one foot of yard depth measured from the lot lines forming the boundaries of the park development, except that no building shall exceed 50 feet in height.
(f)
Minimum gross floor area per lot: 5,000 square feet.
[3]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
(2)
Permitted uses.
(a)
A planned office park of 300,000 square feet or more of gross floor area may be permitted to include the following uses within the development, provided that such uses do not exceed 5% of the maximum usable building area permitted for the planned development.
[1]
Banks or financial institutions;
[2]
Restaurants, provided that there is no drive-through service or service in vehicles;
[3]
Pharmacies;
[4]
Card, gift or florist shop;
[5]
Dry cleaning pickup/dropoff service;
[6]
Barber/beauty shop; and
[7]
Child recovery center for the day care of sick children of employees of the planned development.
(b)
Uses enumerated above shall only be permitted as part of the planned development when designed and located primarily for the convenience of the employees of the planned development and to minimize vehicular trip generation within the development.
G.
Planned office/industrial parks in the SED-20 and SED-20/W Districts.
(1)
Planned office/industrial park. A planned office and industrial park shall consist of a tract or parcel of land having a total area of not less than 20 acres. Any planned office industrial park which is proposed to be phased should be based upon an overall concept plan in accordance with § 95-8.2B, General requirements, of the Township design requirements in Article VIII.
(a)
Lot area. Individual sites or lots shall be of such size that the development will have architectural unity and flexibility in arrangements and be of such size that all space requirements specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-2, Commercial, Industrial and Office Districts[4] are satisfied, and further provided that no lot shall have an area less than five acres.
[4]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
(b)
Lot width: 200 feet minimum.
(c)
Front yard: 50 feet, except for a lot fronting Route 33, which shall have a minimum front yard depth of 200 feet.
(d)
Side yard: There shall be two side yards, the sum of which shall equal at least 20% of the lot width as measured at the front of the building line. No side yard shall be less than 30 feet.
(e)
Rear yard: 60 feet.
(f)
Lot coverage: 25%.
(g)
Maximum building height: 35 feet.
(h)
Minimum gross floor area per lot: 10,000 square feet.
(i)
Within a planned office/industrial park, a helistop shall be permitted as an accessory use, provided that the minimum setback from any residential district shall be 1,000 feet.
(2)
Permitted uses.
(a)
A planned office/industrial park of 300,000 square feet or more of gross floor area may be permitted to include the following uses within the development, provided that such uses do not exceed 5% of the maximum usable building area permitted for the planned development:
[1]
Banks or financial institutions;
[2]
Restaurants, provided there is no drive-through service or service in vehicles;
[3]
Pharmacies;
[4]
Card, gift or florist shop;
[5]
Dry cleaning pickup/dropoff service;
[6]
Barber/beauty shop; and
[7]
Child recovery center for the day care of sick children of employees of the planned development.
(b)
Uses enumerated shall only be permitted as part of the planned development when designed and located primarily for the convenience of the employees of the planned development and to minimize vehicular trip generation within the development.
H.
Planned development in the R-5, Single-Family Affordable Housing Residential District.
(1)
Planned development to facilitate the production of affordable housing for low- and moderate-income households in the R-5 Zone District is permitted on tracts of five or more contiguous acres in accordance with the development standards and provisions of this subsection.
(2)
Dwelling units within the planned development shall be single-family dwelling units only.
(3)
The maximum density of the planned development shall be 6.5 dwelling units per acre.
(4)
Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.
(5)
Notwithstanding the provisions of § 95-5.8, R-5, affordable housing requirements, a maximum of 23% of the dwelling units in the planned development may be dwelling units that are not restricted or subject to controls on occupancy and affordability by low- and moderate-income households as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any fair-share housing plan adopted by the Township of Manalapan.
(6)
At least 77% of the total number of dwelling units in the planned development but not less than 67 dwelling units total shall be limited to occupancy by low- and moderate-income households and be subject to affordability controls as established by the rules and regulations of the New Jersey Council on Affordable Housing and with any applicable Fair-Share Housing Plan and affordable housing regulations adopted by the Township of Manalapan.
(7)
Area and yard requirements.
(a)
(d)
Maximum lot coverage (percent): 50.
(e)
Maximum habitable floor area ratio: 0.45.
(8)
Streets shall be constructed in accordance with the Township standards for public streets except as follows:
(9)
A minimum of 2.0 off-street parking spaces shall be provided per dwelling unit.
(10)
The minimum driveway setback required from a side lot line shall be five feet.
(11)
Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited, and such prohibition shall run with the land as a restrictive deed covenant approved by the Township.
(12)
The following standards apply to fences, sheds, and swimming pools:
(a)
Private swimming pools may be located within five feet of a side or rear property line.
(b)
Sheds or storage buildings shall not exceed 100 square feet in area or 10 feet in height and shall be located in a rear yard area only.
(c)
Fences shall not be permitted in the front yard area. Fence height shall not exceed six feet in the side yard and rear yard areas.
[Amended 12-19-2013 by Ord. No. 2013-11]
(14)
The minimum frontage required along the end of a cul-de-sac may be reduced to 28 feet.
(15)
Each building lot shall have an improvable area suitable for the placement of the dwelling and related improvements.
I.
Planned development in the ML-TH Mount Laurel Townhouse Residential District.
(1)
Permitted use. Planned residential development in the ML-TH District is a permitted use and shall be designed as a townhouse complex which shall include affordable housing for low- and moderate-income households. Commercial uses shall not be permitted. All dwellings shall be constructed as townhouse dwellings except that low- and moderate-income dwellings may be constructed as residential flats.
(2)
Area, yard and building requirements. Planned residential development for the production of affordable housing for low- and moderate-income households is permitted in the ML-TH Zone District in accordance with the following standards and requirements.
(a)
Minimum contiguous lot area: 10 acres.
(b)
Maximum density: 10 dwelling units per acre.
(c)
Minimum lot frontage: 350 feet.
(d)
Minimum lot depth: 700 feet.
(e)
Minimum perimeter buffer: 25 feet.
(f)
Minimum building setback from tract boundary: 40 feet.
(h)
Minimum open space ratio: 0.25.
(i)
Maximum building coverage: 25%.
(j)
Maximum lot coverage: 65%.
(k)
Maximum habitable floor area ratio: .50.
(3)
Low- and moderate-income housing requirement.
(a)
Low- and moderate-income dwelling units shall be constructed as part of the townhouse buildings and shall be distributed among the market units.
(b)
A minimum of 20% of the total number of dwelling units in the planned development shall be affordable to low- and moderate-income households. Affordable units shall be limited to occupancy by low- and moderate-income households and shall be subject to pricing, occupancy, and affordability controls as established by the rules and regulations of the New Jersey Council on Affordable Housing and by the affordable housing regulations of the Township of Manalapan.
(c)
The development shall provide an affordable housing plan for the low- and moderate-income units which plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.
(4)
Multifamily and attached residential design requirements. Development design should adhere to § 95-8.6C, Multifamily and attached residential design requirements, except the following standards shall apply within the development to control the minimum building spacing, maximum number of dwelling units within a building and minimum dwelling unit size. Decks or porches shall not encroach into the minimum spaces set forth below.
(a)
The spacing of residential buildings in the ML-TH zone shall adhere to the following minimums:
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Windowed wall to windowless wall: 30 feet.
[4]
Any building face to a right-of-way: 25 feet.
[5]
Any building face to a common parking area: 12 feet.
[6]
Any building face to a street curb: 30 feet.
[7]
Any front entry garage door to a street sidewalk: 30 feet.
(b)
There shall be no more than 10 dwelling units in a building. No principal building when viewed from any elevation shall be greater than 180 feet in length.
(5)
Open space design requirements.
(a)
The total area of open space in the development shall not be less than the minimum required by the open space ratio for the ML-TH District.
(b)
Each ground floor residential unit shall have a rear yard of at least 400 square feet. Each second floor residential flat shall have a balcony of at least 60 square feet.
(c)
The planned development shall provide a common open space area suitably improved for recreation.
(d)
The area, dimensions, and location of the common space shall be appropriate to its purpose and are subject to approval by the approving authority, but the area and dimensions on-site are not required to meet the open space design and area specifications of § 95-8.9A, B and D. To ensure that recreation activities are adequate, the approving authority may, however, require that recreation open space is provided on noncontiguous acreage.
(6)
Circulation design requirements.
(a)
Streets within the development shall be constructed in accordance with the Township standards for residential access streets provided that ADT does not exceed 1,500. Where ADT exceeds 1,500 collector street standards shall apply.
(b)
Parking shall be provided in accordance with the requirements of Article IX.
(c)
Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited and such prohibition shall run with the land as a restrictive deed covenant approved by the Township.
(d)
The use of parking loops to satisfy the parking requirement is permissible, provided that the traveled way is constructed in accordance with the Township standards for residential access street.
(7)
Requirement for sewer and water. Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.
(8)
The following standards apply to fences, sheds, decks, and swimming pools:
(a)
Private swimming pools are prohibited. A pool as part of a common recreation area is permitted, subject to the setback standards for principal buildings.
(b)
Private sheds or storage buildings are prohibited. Sheds or storage buildings are permitted as accessory buildings to a common recreation area, subject to the setback standards for principal buildings.
(c)
Fences shall not be permitted in front of a dwelling unit or within a perimeter buffer.
(d)
Fences shall be permitted as a privacy screen for the rear yards of dwelling units or for decks, provided that a standard detail for such fencing has been approved as part of the site plan.
(e)
Decks shall be permitted provided that the standard details of the deck design have been submitted and approved as part of the site plan.
J.
OP-10/Planned Retirement Community-Mount Laurel Contribution Zone District. In the OP-10/PRC-MLC Zone District, single family detached residential cluster development shall be permitted in a Planned Retirement Community (PRC), consisting of single-family detached age-restricted adult housing units and community amenities as provided for herein, subject to the following standards and requirements:
(1)
General tract requirements.
(a)
The minimum tract area for a planned retirement community shall be 50 acres.
(b)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(c)
The density of development in the PRC Zone District shall not exceed 2.3 units per gross acre.
(d)
Not more than 20% of the entire tract shall be covered by buildings.
(e)
Not more than 40% of the entire tract shall be covered by impervious surface.
(2)
Recreation and common elements. A PRC shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents, in accordance with the following standards:
(a)
Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained in accordance with § 95-8.9E, F, G, H and I of this chapter, except as modified by this subsection. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.
(b)
There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older.
(c)
Within the common open space, facilities shall be included for outdoor recreational use. These facilities shall include, as a minimum, a tennis court and an in-ground swimming pool and their related improvements and may also include, but not by way of limitation, shuffleboard, boccie and horseshoe courts, other racquet sports courts, chipping and putting greens, and other appropriate facilities.
(3)
Building requirements. Only age-restricted single-family detached dwelling units shall be permitted and all residential lots shall conform to the following schedule:
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot frontage: 50 feet, except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage.
(c)
Minimum lot depth: 120 feet.
(d)
Minimum lot width: 55 feet at the front building setback line.
(e)
Minimum front setback line: 25 feet.
(f)
Minimum side yard: five feet one side; 15 feet total for both sides. The five-foot requirement shall apply to driveways, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(g)
Minimum rear yard: 20 feet.
(h)
Maximum building height: 35 feet and 2 1/2 stories.
(i)
Maximum impervious lot coverage: 60%.
(j)
Accessory building: same as principal structures except rear yard setback: 10 feet.
(k)
Minimum building size; 1,300 square feet of habitable floor area, with a minimum of an attached one car garage.
(4)
Perimeter setback requirements: No buildings or structures, other than access drives, walkways, entrance gatehouses, walls, fences, or drainage/utility structures, shall be located within 40 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement. The perimeter setback shall be increased to 75 feet where the exterior tract boundary abuts a collector road, and the outer 50 feet of the perimeter setback shall be designated as a landscape/ conservation easement.
(5)
Deed restrictions. Approval of a planned retirement community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to insure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act and prohibiting the conversion of garage space to living space. The age restrictive covenants shall be subject to review by the Township Attorney.
(6)
Affordable housing contribution. The development fee to be paid in accordance with § 95-14.1 et seq. for a planned retirement community in the OP-10/PRC-MLC zone district shall be 1/2 of 1% of the equalized assessed value or $2,000 per approved unit, whichever is greater. The developer shall enter into an agreement with the Township in accordance with § 95-14.3A(3) for the payment of a voluntary housing fee in recognition of the incentive provided by the zone in allowing development of a planned retirement community.
K.
Village commercial development in the VC District.
(1)
Purpose. The purpose of the Village Commercial District (VC) shall be to permit the development of a village-center-type of project which will contain a variety of retail and office uses, clustered around a village green. This district shall also have a defined open space and/or recreational component which may or may not consist of lands dedicated to the Township of Manalapan. Such a district is intended to be developed in proximity to local and regional residential populations, whether existing or proposed, in order to provide shopping, employment and personal service opportunities to large residential population, thereby reducing traffic impacts.
(2)
Permitted uses. The following uses shall be permitted in the Village Center District:
(a)
Restaurant, Category One, Two and/or Three.
(b)
Professional offices, medical offices and clinics.
(c)
Business offices for clerical, research and services.
(d)
Commercial shopping centers, consisting of the following uses or such other nonresidential uses permitted in this zone district: retail stores, shops and food markets.
(e)
Retail stacked storage.
(f)
Lumber or building materials stores.
(g)
Garden supply and nursery center.
(h)
Personal services, stores and offices.
(i)
Banks, including drive-through facilities and fiduciary institutions.
(j)
Pharmacies, including drive-through facilities.
(l)
Child-care centers.
(m)
Municipal facilities operated by Manalapan Township.
(n)
Municipal, county or state parks, playgrounds and ballfields.
(o)
Post office, library and similar public buildings.
(3)
Conditional uses. The following conditional uses shall be permitted upon issuance of a conditional use permit:
(5)
Mixed use standards for the Village Center. The Village Center shall include a variety of nonresidential uses and activities intended to create an attractive open space setting and sense of community for both the residents of the Township and the surrounding region. To achieve this goal, the Village Center shall:
(a)
Include a minimum of 15% of its total lot area, exclusive of public road rights-of-way, in public or semipublic use, including but not limited to open space and outdoor public recreation areas.
(b)
Provide for 50,000 square feet or 10% of the total development gross floor area, whichever is less, of nonretail commercial uses allowed as permitted uses under this chapter.
(c)
There shall be no more than one single user or tenant in the VC District in excess of 100,000 square feet.
(d)
There shall be no more than one single user or tenant in the VC District over 50,000 square feet, but less than 100,000 square feet.
(6)
Area, yard and building requirements.
(a)
Tract area. The tract may contain one or more parcels of contiguous land with a total acreage of at least 100 acres. For the purpose of calculating parcel acreage or any bulk requirements, public and private streets and/or rights-of-way within the parcel shall not constitute a division of the property.
(b)
Floor area. The minimum gross floor area of the total tract shall be 50,000 square feet and the maximum floor area ratio (FAR) for the total tract shall not exceed 0.75, excluding public and quasi-public use buildings and structures. The total gross floor area of buildings in the development shall not exceed 500,000 square feet, excluding public use buildings. Development land dedicated to or restricted for public purpose use shall be utilized in the calculation of maximum FAR.
(c)
Lot coverage. The maximum lot coverage for buildings, computed as the ground floor gross floor area, shall not exceed 20%. The maximum lot coverage for buildings and structures shall not exceed a total of 75%. The calculations for maximum lot coverage shall exclude public use buildings and structures. Development land dedicated to or restricted for public purpose use, shall be utilized in the calculations for maximum lot coverage.
(7)
Minimum building setbacks.
(8)
Maximum building and structure height.
(a)
Principal building: 50 feet from finished grade including roof-mounted equipment and its screening, antennas and parapets.
(b)
Accessory building: 30 feet.
(c)
Architectural and aesthetic structures, such as clock towers, flagpoles and the like: 50 feet.
(d)
In no case shall any structure within this district exceed two stories.
(10)
Parking standards.
(a)
Parking for the Village Center buildings and uses shall be in accordance with Exhibit 9-2, Off-Street Parking Requirements for Nonresidential Land User of this chapter of the Code of the Township of Manalapan.[5]
[5]
Editor's Note: Exhibit 9-2 is included at the end of this chapter.
(c)
Indoor athletic or recreation facilities and leisure time uses at one space per 200 square feet of gross floor area plus one space for each four seats in food service and audience seating areas.
(d)
Permitted use in Subsection K(3)(a) (nonpublic schools) at the rate of one space per 150 square feet of gross floor area.
(e)
Parking for all public or semipublic uses shall be provided in accordance with § 95-9.2B or by agreement of the applicant and the Board allowing for the benefit of shared parking between the various uses.
(11)
Public water and sewer service. All building and uses shall be serviced by public water and sewer systems.
(12)
Comprehensive design standards.
(a)
A comprehensive design plan for the entire tract must be approved as part of the preliminary site plan approval. Phasing of construction of the development is permitted consistent with the preliminary development site plan approval.
(b)
The design of the planned commercial development must be based upon a common architectural and landscaping theme. This provision shall apply to lots created by subdivision within this district.
(c)
Exterior materials shall be selected for suitability to the type of buildings and the design for which they are to be used and shall be compatible between buildings.
(d)
Mechanical equipment and other utility hardware placed on the roof of any buildings shall be properly screened from the point of view of a person sitting in a car from the nearest point on a public roadway.
(e)
Ground level utility cabinets shall be landscaped and fenced where permitted.
(f)
Exterior down lighting affixed to buildings shall be part of the architectural concept and the light source shall be shielded from public view.
(g)
The approving authority may consider the benefits of shared parking for different uses when approving the comprehensive development plan, in order to reduce unneeded imperious coverage.
(h)
The approving authority may permit structures intended for architectural and aesthetic improvements to be placed within setback areas and buffers.
(13)
Subdivision of individual lots. The subsequent subdivision of individual lots within the development site is permitted, provided that the lots are created in conformance with an approved overall preliminary development site plan and the subdivided parcel has received final site plan approval. So long as the overall approved development had preliminary site plan approval, there shall be no maximum floor area ratio (FAR) or limitation on maximum building and building and structure coverage requirements for individual lots. Area, yard, building, loading and parking requirements contained in this subsection and approved on the final site plan shall not apply to the subdivided lot. A lot need not front on a public or private street, and no minimum distances between individual buildings are required. The intent of this provision is to permit individual buildings to exist as separate lots. However, each subdivided lot and any proposed improvement on that lot shall be subject to and may only be improved in accordance with the approved plan for the Village Center and shall not cause the overall development to exceed the standards set forth in this Subsection K.
(14)
Conditions of subdivision approval.
(a)
The Planning Board shall condition subdivision approval upon the submission by the applicant and review by the Board attorney of common usage and maintenance reciprocal easement agreements providing for continued provision of common parking areas, roadways, accessways, utility services, drainage facilities, common facilities, landscaped areas, signage, site security, snow removal, maintenance and upkeep. Such agreement shall not be amended or modified without approval of the approving authority.
(b)
The reciprocal easement agreement shall be recorded in the Monmouth County Clerk's office prior to the first development certificate of occupancy being issued.
(c)
Subdivision of a lot after final site plan approval shall be a minor subdivision without further public notice.
L.
Lot size averaging in the R-AG, R-AG/4, and RE Districts. The purpose of this subsection is to provide an alternative design technique in specific zone districts to promote the goals of the Master Plan. The overall planning for a tract may better respond to the intent and purpose of the Master Plan to protect the environment and conserve open space if flexibility in the design of a major subdivision is permitted. In particular, the conservation zoning goals and objectives included in the Master Plan, and the goal of maintaining large, contiguous open areas, may be better addressed if some modification of the minimum lot size requirement is allowed, provided the overall intensity of permitted development is no greater than the maximum number of lots that would result from a conforming conventional development.
[Added 5-22-2002 by Ord. No. 2002-16]
(1)
Lot size averaging is permitted in the R-AG, R-AG/4, and RE Zone Districts in a major subdivision of a contiguous tract of land that is 15 acres or greater in area.
(2)
Building area requirements.
(a)
Lots in the R-AG and the R-AG/4 Districts shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements,[6] except that the minimum lot area required may be reduced in accordance with § 95-5.4L(5) below.
[6]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(b)
Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4L(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.
(3)
Maximum permitted number of lots. The use of lot size averaging in a subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the approving authority as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted lot yield map shall be the maximum number of lots permitted for subdivision under lot size averaging.
(4)
Design criteria. Lot size averaging will be permitted where the approving authority determines that the resource conservation and/or farmland preservation goals and objectives of the Master Plan are better served by the lot size averaging plan than by the conventional plan for development. The applicant shall demonstrate to the approving authority that the lot size averaging plan is clearly preferable to the conventional plan with respect to one or more of the following factors; stream corridor protection, steep slope protection, agricultural retention, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.
(5)
Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging as shown in the table below, provided that the average lot area in the development shall be at least the conventional lot size required for the respective zone district, and, further provided, that the total number of lots then shall be no greater than the maximum permitted number of lots established in accordance with § 95-5.4L(3) above.
Zone District | Minimum Permissible Lot Size (acre) | Average Lot Size Required (acre) | |
|---|---|---|---|
R-AG/4 Rural Agricultural | 1.5 | 4 | |
R-AG Rural Agriculture | 1.5 | 2.76 | |
RE Residential Environmental | 1 | 3 |
(6)
Distribution of lot sizes. At least 20% of the lots proposed for lot size averaging shall be six acres or greater in area.
(7)
Deed restrictions. Each lot that is part of a lot averaging plan shall be permanently deed restricted from any future subdivision of that lot. When only a portion of a tract is to be developed in a lot averaging plan, deed restrictions against further subdivision shall be required only for the portion of the tract devoted to the lot averaging plan.
M.
Farmland preservation subdivision. The purpose of this subsection is to provide an alternative design technique in specific zone districts to promote the goal of the Master Plan to maintain the rural features of the community and preserve farmland. The overall planning for a tract may better respond to the intent and purpose of the Master Plan if flexibility in the design of a major subdivision of farmland is permitted in conjunction with state, county and Township programs that will preserve a substantial portion of the land in farm use. In particular, the farmland preservation goal may be better achieved if some modification of the minimum lot size requirement for development is permitted where a substantial portion of the farmland can be permanently preserved for farm use in conjunction with the farmland and open space programs established pursuant to the Garden State Preservation Trust Act.
[Added 5-22-2002 by Ord. No. 2002-16]
(1)
A farmland preservation subdivision is permitted in the R-AG, R-AG/4, and RE Zone Districts on a farm that is 20 acres or greater in area and where at least 70% of the farm is to be permanently preserved for farm use only through a farmland or open space preservation program established pursuant to the Garden State Preservation Trust Act.
(2)
Building area requirements. Lots shall conform to the requirements of the zone district in which they are located as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required may be reduced in accordance with § 95-5.4M(5) below.
(a)
Within the R-AG and the R-AG/4 Districts, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-AG and the R-AG/4 Districts as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-40 Residential Zone District.
(b)
Within the RE District, the approving authority may approve the varying of lot areas and dimensions, and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the RE Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with § 95-5.4M(5) below, and further provided that no dimension, yard, setback, or other dimensional requirement shall be less than the minimum requirements of the R-20 Residential Zone District.
(3)
Maximum permitted number of dwelling units.
(a)
A farmland subdivision plan shall not result in more than 50% of the maximum number of lots for single-family dwellings than would have resulted from a conforming conventional subdivision of the farm based upon the greater of:
(b)
For the purpose of determining the maximum number of lots permitted as the farmland subdivision, the applicant shall submit a lot yield map of a conforming conventional subdivision layout based upon either the current zoning or the zoning in effect on November 3, 1998. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies the applicable ordinance requirements. The number of lots permitted for the farmland subdivision shall not exceed 50% of the number of lots shown on the accepted lot yield map.
(4)
Approval criteria. A farmland subdivision will be permitted where the approving authority determines that the farmland preservation goals and objectives of the Master Plan are better served by the farmland subdivision plan and that it meets the standards and requirements for approval as a farmland subdivision.
(a)
The applicant shall provide a subdivision plan identifying the total farm area proposed for subdivision, and clearly identifying the farm lot that will be permanently preserved and maintained for farm and/or open space use in conjunction with the farmland and open space programs established pursuant to the Garden State Preservation Trust Act and/or the Township of Manalapan. At least 70% of the tract shall be permanently preserved and maintained as a farm lot for farm and/or open space use.
(b)
The farmland subdivision plan shall identify the area to be further subdivided for single-family residential development as provided in the approval criteria under § 95-5.4M above. The area for further subdivision shall not exceed 30% of the total farm area and shall be shown by the applicant to be suitable for residential development.
(c)
The farmland subdivision plan will be permitted where the approving authority determines that the farmland preservation goals of the Master Plan will be better served by the farmland subdivision and that the farmland subdivision proposed is acceptable to the state, county, or Township agency that will be responsible for securing a property interest that ensures the permanent preservation of at least 70% of the total farm area proposed for subdivision in farm/open space use; and further determines that the farmland subdivision plan is preferable to the conventional plan with respect to any of the following factors: stream corridor protection, steep slope protection, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.
(5)
Minimum lot area. The minimum lot size for the area to be further subdivided for single-family residential development may be reduced to the minimum permissible lot size as shown in the table below, provided that the average lot area of the farmland subdivision, inclusive of the lot preserved for farm use, shall be at least the conventional lot size required for the respective zone district, and, further provided that the total number of dwelling units shall be no greater than the maximum permitted number established in accordance with § 95-5.4M(3) above.
Zone District | Minimum Permissible Lot Size (acre) | Average Lot Size Required (acre) | |
|---|---|---|---|
R-AG/4 Rural Agricultural | 1.0 | 4 | |
R-AG Rural Agriculture | 1.0 | 2.76 | |
RE Residential Environmental | 0.46 | 3 |
(6)
Deed restrictions. Each lot created by the farmland subdivision plan shall be permanently deed restricted from any future subdivision that would reduce the lot area. If all or part of the 30% of the farm designated for further residential development is being reserved for future subdivision as building lots in accordance with the farmland subdivision approval, then the maximum number of lots and dwellings that can be created from the tract shall be restricted by deed.
(7)
Other requirements.
(a)
A farmland preservation subdivision application requires subdivision review and approval in accordance with the other applicable requirements for subdivision set forth in the Manalapan Township Development Regulations.
(b)
A demarcation shall be provided along the border of any residential lot and any farmland to be preserved. The demarcation shall consist either of trees, shrubbery, fencing, or a combination of the same acceptable to the approving authority. The demarcation shall be recited in the deed restriction required by § 95-5.4M(6).
(c)
Any resolution granting approval to a farmland subdivision shall include a specific condition that the acreage to be permanently preserved for farm and/or open space use is duly accepted into a farmland and/or open space program established pursuant to the Garden State Preservation Trust Act and/or the Township of Manalapan that perpetually restricts the use of the property to farmland and/or conservation use; and on the recording of a deed of easement with the County Clerk. The deed of easement shall be in a form approved by the agency responsible for preservation of the farm and/or open space acreage.
(d)
Any contract, deed, or plat resulting from a farmland subdivision approval shall conform to the notice of farm use provisions of § 95-7.48 of the Township Development Regulations.
(e)
The resolution adopted by the approving authority granting farmland subdivision approval shall be recorded by the applicant in the office of the Monmouth County Clerk.
N.
Single-family detached residential clusters in the R-AG, R-AG/4 and RE Districts. The development and use of land within the R-AG, R-AG/4, and RE Districts may better respond to the intent and purpose of the Master Plan for the protection of the environment and the conservation of open space through the design of residential clusters whose overall intensity does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-AG, R-AG/4 and the RE Zone Districts on a contiguous or noncontiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space, as provided below in § 95-5.4N(7), Open space design requirements. The Township approving authority may approve a residential cluster in the R-AG, R-AG/4, or RE Districts where it determines that the following requisite standards and criteria for the residential cluster option are met.
(1)
Cluster option. The Township will favor cluster design where an applicant for the cluster option demonstrates that, compared to a conventional layout, the cluster design will benefit the community by conserving resources, preserving open space, and by reducing the need for additional infrastructure. For purposes of evaluating the cluster option, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The approving authority shall compare the benefit of the cluster subdivision plan to the conventional subdivision plan by considering the following factors: reduction in the total area of land disturbance; reduction in the total area of impervious coverage; reduction in the total length of new streets; reduction in the construction of new drainage facilities; and the preservation of trees and woodland.
(2)
Required location.
(a)
A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the R-AG and/or R-AG/4 Zone Districts, with the single-family dwellings located so that higher densities result in one area or in part of one area of the land in the R-AG or R-AG/4 Zone Districts, thereby enabling the preservation of common or public open space on the remaining area of land in the R-AG or R-AG/4 Districts. The single-family dwellings and the open space of an R-AG or R-AG/4 cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.
(b)
A residential cluster of single-family dwellings may be located on contiguous or on noncontiguous land in the RE Zone District, with the dwelling units located so that higher densities result in one area or in part of one area of the land in the RE Zone District, thereby enabling the preservation of common or public open space on the remaining area of land in the RE Zone District. The dwelling units and the open space of an RE cluster shall be located in no other zone district except as provided in § 95-5.4N(9) below.
(3)
Minimum total land area required. The minimum total land area required for development as a residential cluster is 40 acres. At least 65% of the total minimum land area requirement for a residential cluster shall be unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easements for utilities or drainage; rights-of-way; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means cannot be used to satisfy the minimum area requirement.
(4)
Minimum tract size required for noncontiguous land. No individual tract of land proposed for development as a noncontiguous residential cluster shall be less than 15 acres. At least 65% of this minimum area requirement shall be land unencumbered by any of the following: wetlands or wetlands transition areas; existing easement areas for utilities or drainage; rights-of-way; areas of special flood hazard; surface waters. Land that is already permanently protected from development as open space through a conservation easement or other means shall not satisfy the minimum land area requirement. The total of all noncontiguous tracts in the cluster shall not be less than the minimum total land area required in § 95-5.4N(3) above.
(5)
Maximum permitted number of dwelling units. The residential cluster shall not yield a greater number of dwelling units than would result from the development of the land as a fully conforming conventional subdivision of single-family lots. For purposes of determining the maximum number of dwellings permitted under the residential cluster alternative, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the approving authority to make an informed decision that the subdivision satisfies all ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers, or exceptions from the Township Development Regulations. The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster.
(6)
Minimum area and bulk standards for residential lots.
(a)
The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster. The minimum size for a residential lot in a cluster development in the R-AG and the R-AG/4 Zone Districts shall be 1 1/2 acres with a minimum improvable area of 15,000 square feet. The residential cluster lot shall otherwise conform to the yard and bulk standards of the R-R Residential Zone. The density of the cluster development based on its total land area shall not exceed the maximum permitted density of the zone district.
(b)
The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster. The minimum size for a residential lot in a cluster development in the RE Zone District shall be 3/4 of an acre with minimum lot frontage and width of 150 feet. The residential cluster lot shall otherwise conform to the yard and bulk standards of the R-20 Residential Zone. The density of the cluster development based on its total land area shall not exceed the maximum permitted density of the zone district.
Zone District | Minimum Cluster Lot Size (acres) | Maximum Permitted Density In Dwelling Units Per Acre | |
|---|---|---|---|
R-AG/4 Rural Agricultural | 1.5 | 0.25 | |
R-AG Rural Agriculture | 1.5 | 0.36 | |
RE Residential Environmental | 0.75 | 0.33 |
(7)
Open space design requirements. The cluster design for open space should be arranged to preserve land as public or common open space in accordance with the following criteria.
(a)
A minimum of 60% of the gross land area of the cluster shall be preserved as common or public open space. If the residential cluster includes an existing farm, the continued use of preserved open space as a farm may be permitted, subject to approving authority acceptance of the continued farm operation as part of the overall cluster design.
(b)
All areas to be preserved as public or as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.
(c)
The minimum land area required to be preserved as common or public open space shall be land that is not already preserved as open space or preserved as farmland, or is the subject of an application or contract of sale to be preserved as open space or farmland.
(d)
The area proposed as public or private open space shall be suitable for enjoyment and use as open space. The approving authority may require that the applicant submit a Phase I and, if deemed necessary, a Phase II environmental report. The approving authority may withhold approval of any area that it deems unsuitable as open space.
(e)
At least 65% of the minimum land area required to be preserved as common or public open space shall be land unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easement areas for utilities or drainage; rights-of-way; surface waters.
(f)
Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the public or common open space requirements.
(g)
Any common or public open space area shall be at least 10 acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet unless the approving authority determines that the proposed open space area is contiguous with and/or expands or extends an existing common open space or a public open space; or that the proposed open space is contiguous with a land area in other ownership that has been permanently preserved as open space or as farmland pursuant to a federal, state, county, or Township open space acquisition or farmland preservation program. In such cases, or for other reasons that would advance the public interest, the approving authority may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.
(h)
An open space lot shall have a minimum road frontage of at least 200 feet.
(8)
Open space ownership. The application for development shall identify the existing and proposed ownership of all proposed open space areas. The Township, or federal, state, or county agency, may accept the dedication of open space land or any interest therein for public use and maintenance. In the event that the developer does not dedicate the open space to the Township, or the Township declines the dedication of the open space, the developer shall provide for the preservation, ownership, and maintenance of the open space in accordance with the applicable requirements of § 95-8.9 of the Township Development Regulations and N.J.S.A. 40:55D-43.
(9)
Relationship to single-family detached residential cluster development in the R-40/20 District. The developer of a single-family detached residential cluster development in the R-40/20 District that is permitted under § 95-5.4D of the Township Development Regulations, may propose that the open space required for the R-40/20 cluster be provided in the R-AG, or the R-AG/4, or the RE Districts. The approving authority may allow the open space requirement of an R-40/20 residential cluster to be provided in the R-AG or the R-AG/4 or the RE Districts where it determines that preservation of open space presents a significant opportunity for improved community planning that better conserves natural and cultural resources, preserves open space and farm areas, or reduces the need for additional infrastructure. The approving authority may permit the residential lot yield attributable to a conforming conventional subdivision of the open space land preserved in the R-AG or the R-AG/4 or the RE Zone Districts to be located in the R-40/20 Residential Zone District as part of the R-40/20 residential cluster development.
O.
Planned commercial development in the OP-10 District. A developer may choose planned commercial development with retail uses in the OP-10 Office Park District as an alternative to other permitted uses of the zone, subject to the following requirements:
[Added 2-25-2015 by Ord. No. 2015-05]
(1)
Minimum tract area and location. The minimum tract area required for development as a planned commercial development in the OP-10 District shall be 35 contiguous acres. The tract shall front on N.J.S.H. 9 and on Symmes Drive.
(2)
Planning. A site plan for the development and operation of the entire tract proposed for use as a planned commercial development shall be submitted for Planning Board approval. The site plan shall show how the planned commercial development will be designed, developed, and operated as a single entity to satisfactorily address the requirements of the Township development regulations. The site plan shall include plans for utilities, landscaping, and stormwater management and other site plan information as required by the Township development regulations. The design of individual buildings shall be coordinated to address the requirements of § 95-8.6, Architectural and building design requirements.
(3)
Maximum building floor area. The maximum permitted floor area within the planned commercial development shall be 105,000 square feet.
(4)
Permitted uses. Any use permitted within the OP-10 Office Park District and/or within the C-1 Regional Commercial Shopping Center District shall be a permitted use within the planned commercial development.
(5)
Required mix of uses. The planned commercial development shall provide for a mix of uses which shall include restaurant use and public use. The public use shall provide an area for public access as an off-street parking area for commuter parking with a minimum of 300 parking spaces.
(6)
Minimum open space. A minimum of 45% of the planned commercial development shall be designed and maintained as open space. Open space may include areas of freshwater wetlands and freshwater wetlands transition areas.
(7)
Area, yard, and building requirements. The planned commercial development shall meet the requirements of the OP-10 District for area, yard, and building; buffers; and parking and loading setbacks, except as specified below.
(a)
The dedicated area for public off-street commuter parking shall not be subject to the minimum required setbacks. The Planning Board may approve a reduced setback for the public off-street commuter parking area as determined to be appropriate by the Board based upon Board review of the site plan for the design and operation of the entire tract.
(b)
The applicant may provide an averaging plan to reduce the minimum yard provided for parking areas, loading areas, buildings, and structures provided that the minimum yard provided is not less than 50 feet and further provided that any reduced yard areas and any areas planned to offset the reduction are approved by the Planning Board as part of the site plan for the planned commercial development.
(8)
Signage. Signs permitted in the C-1 District and/or the OP-10 District shall be permitted within the planned commercial development. The site plan shall include a program for signs meeting the requirements of § 95-8.7I, Planning requirements for shopping centers, industrial parks, and office parks. The program for signs shall be subject to Planning Board review and approval.