Mannington Township
City Zoning Code
City Zoning Code
ARTICLE X
Supplementary District Regulations
§ 70-38 Mandatory residential cluster subdivision.
[Amended 12-7-2006 by Ord. No. 06-16]
A.
Purpose.
(1)
This mandatory residential cluster subdivision section implements the land use principles of Mannington Township, as articulated in the Master Plan Goals and Objectives, Land Use Plan Element and Farmland Preservation Plan Element, among others, and is consistent with applicable Salem County planning documents and the New Jersey State Development and Redevelopment Plan. The overriding policy which will be advanced by this ordinance amendment is the preservation of the Township's agricultural land base and natural open spaces as subdivision of land for residential development occurs. The section also establishes standards for residential cluster subdivision design so as to minimize conflicts between farming activities and nearby residential neighbors.
(2)
Goals and objectives of this cluster ordinance include:
(a)
Clustering development on a portion of a tract preserves the balance of the tract for agriculture and open space; this is particularly critical for soils of prime and statewide importance which constitute the core of the Township's agricultural land base;
(b)
Clustering development provides preserved farmland and/or open space which may be located adjacent to other preserved lands to form large contiguous corridors for farming or environmental preservation;
(c)
Clustering development provides the opportunity to separate residential units from active agricultural operations on adjacent farmland thus reducing land use conflicts and helping to preserve the viability of farming in the Township;
(d)
Clustering development provides the opportunity to buffer residential units from view from public rights-of-way, thus protecting the viewshed along public roads and preserving the Township's rural character;
(e)
Clustering development reduces impervious surface coverage thus reducing the volume of development-related stormwater runoff which must be managed and maximizes the proportion of the tract which is retained for natural stormwater infiltration and aquifer recharge;
(f)
Clustering development with smaller lots reduces the initial cost of infrastructure (streets and utilities) as compared with conventional subdivision design and also lowers the Township's continuing costs of service and maintenance; and
(g)
Clustering development on smaller lots fosters social interaction among neighbors.
B.
Application. Residential cluster refers to a mandatory subdivision design approach for major subdivisions regardless of tract area in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones. Conventional subdivision design standards for the respective districts are being retained in the chapter only for the purpose of calculating the lot yield applicable for residential cluster design.
C.
Gross density. The permitted gross density of development in the Agricultural (A), Conditional Residential (CR), and Conservation (C) Zones is indicated in § 70-33, Schedule of District Regulations, and is also a function of the application of any and all related chapter provisions. The number of permitted lots is determined as follows:
(1)
The maximum number of residential lots permitted under this mandatory residential cluster subdivision section may not exceed the number of lots which would be permitted under a conventional subdivision designed in compliance with all of the Township's applicable zoning, subdivision and design standards for the respective zoning districts and for which each lot could have an approvable well and on-site septic system.
(2)
To determine the number of permitted lots for a specific parcel, the applicant must submit a sketch plat with the following information:
(a)
A boundary survey;
(b)
Floodplains, wetlands, wetland transition areas, and topography at two-foot intervals;
(c)
Soil types and permeability classifications;
(d)
In the Agricultural (A) and Conditional Residential (CR) zones, lots with a minimum area of three acres shall be plotted in compliance with all applicable Township, county and state land development standards. In the Conservation (C) Zone, lots with a minimum of five acres shall be plotted in compliance with all applicable Township, county and state land development standards.
[Amended 11-1-2007 by Ord. No. 07-14]
(e)
Road width and access points must be located in compliance with applicable local and County standards; and
(f)
Two test borings with permeability tests must be performed for each of the soil types represented on the parcel and a minimum of one test boring with permeability test must be performed for every five acres. The tests shall be performed in compliance with all local, county and state regulations. All tests must be witnessed by either a representative of the Salem County Health Department or by the Township Engineer. The location and results of all tests shall be shown on the sketch plat.
D.
Bulk requirements. The bulk requirements are predicated on the type of soils and the method of wastewater management, regardless of zoning district, as follows:
Lot Size and Bulk Requirements for Residential Lots in Cluster Development in all Zoning Districts | |||||
|---|---|---|---|---|---|
Soil Permeability Rating | Lot area * (square feet) | Lot width (feet) | Front yard (feet) | Side yard (feet) | Rear yard (feet) |
K-0, K-1 and K-2 | 25,000** | 125 | 25 | 15 | 15 |
K-3, K-4 and K-5 | 20,000** | 100 | 25 | 15 | 15 |
All soil ratings | 15,000*** | 100 | 25 | 15 | 15 |
All soil ratings | 10,000**** | 80 | 20 | 10 | 15 |
* Lot areas shown are the minimum. The maximum lot size is a 10% increase over the minimum. |
** On-site septic system and private wells. |
*** Community wastewater system or community water system. |
**** Community wastewater system and community water system. |
All requirements of the respective zoning districts other than those specifically superseded by this section shall be continue to apply to residential cluster subdivisions. |
E.
Community design principles. The residential cluster subdivision design shall maximize the utility and aesthetics of the undeveloped farmland and/or open space as well as provide an attractive, walkable neighborhood for the residents. The following community design principles shall guide the design of residential cluster subdivisions:
(1)
The preserved agriculture/open space area shall be configured in such a manner as to facilitate continued or future agricultural use. Factors to be considered in design should include, but not be limited to, the desirability of locating the farmland/open space on prime soils and/or soils of statewide importance, the desirability of linking the proposed agriculture/open space area to adjacent tracts containing farming operations, the ability to create contiguous tracts of farmland and/or open space and the desirability of maximizing separation between farming operations and residential units.
(2)
The location of the houses shall be sited to minimize visual intrusions on the rights-of-way of existing Township and county roads by locating farmland and/or open space between clustered homesites and roads to minimize visual intrusions on scenic vistas and viewsheds and any adjoining public lands.
(3)
Where subdivision tracts include existing farmland operations, the farmland/parcels should include such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
(4)
Proposed roads should be located within the development portion of the property. It is the intent to keep the open space portion continuous and free of intrusions; however, adequate access must be provided to this area.
(5)
Existing hedgerows, historic structures, mature trees/woodlands, and orchards should be incorporated into the subdivision design to the extent possible. Residential lots shall be set back at least 100 feet from existing surface water (both total and nontidal), unless a more extensive setback is required by another local, county or state statute or regulation.
(6)
A pedestrian circulation system shall be designed for residents to walk safely and easily on the site among residential lots, to active or passive open space, to connect to Township greenway path systems and to points of nearby interest.
F.
Open space requirements. The following requirements govern the character and administration of the required farmland/open space:
(1)
The open space shall be permanently deed-restricted from further development and shall be utilized either for agriculture, conservation or passive open space as approved by the Planning Board. If the open space is currently farmed, it should continue to be farmed rather than converted to open space.
(2)
A preservation/conservation easement shall be placed on the farmland/open space at the time of final subdivision approval, permanently restricting the land from being developed. The language of the easement shall be subject to approval by the Township Solicitor.
(3)
The applicant shall indicate at the time of preliminary subdivision whether the open space is proposed to be dedicated to the Township or owned and maintained by a homeowners' association or open space organization. The dedication of open space to the Township is subject to its acceptance and approval by the Township Committee.
(4)
The deed of any single-family dwelling sold as part of a cluster development under this section shall contain a notification that the Township Zoning Ordinance specifically includes farming as a permitted use in the Agricultural (A), Conditional Residential (CR) and Conservation (C) Zones and that the open space in the development may be deed-restricted for farming use. Furthermore, prospective purchasers shall be separately informed in writing of the protection the Township Ordinance conveys to agricultural operations.
(5)
The applicant may be required to provide heavy landscape screening in order to buffer proposed residential lots as viewed from the public right-of-way.
G.
Utilities.
(1)
A long-term maintenance plan must be submitted for community wastewater and potable water systems, subject to the approval of the Township Engineer. A qualified licensed operator must be assigned to the operation and maintenance responsibility of any proposed wastewater and/or potable water system. For final subdivision approval, a developer's agreement must be submitted and approved by the Township, outlining the details of the operation and maintenance plan and responsibilities.
(2)
The Planning Board may require the installation of monitoring wells, at the recommendation of the Township Engineer.
(3)
The construction, operation and maintenance of any proposed community wastewater and/or potable water system shall be bonded to the Township. The amount and form of such bond shall be subject to the approval of the Township Committee upon recommendation from the Township Engineer (as to amount) and the Township Solicitor (as to form).
§ 70-39 Affordable Housing-1 (AH-1) district regulations. [1]
[Added 3-5-2026 by Ord. No. 26-02]
A.
Applicability. The use, bulk, design and performance standards of the AH-1 District constitute zoning district requirements for the creation of market-rate and affordable housing. Furthermore, this district also allows the development of nonresidential uses permitted within the existing General Commercial GC District, such that a combination of nonresidential and multifamily residential uses may be developed within a mixed- or dual-use arrangement. The land development rights as articulated herein are contingent upon the availability of public water and sanitary sewer service to accommodate all development within the zone. In such a case, the standards herein shall supersede the zoning provisions of the Mannington Township Land Use Development Ordinance (Chapter 70). However, where the regulations and standards of the AH-1 are silent, the standards of Chapter 70 shall apply.
B.
Purpose. The AH-1 District provides for the development of multifamily residential land uses with a portion of such housing restricted to occupancy by households of very-low, low and moderate income. As an inclusionary zone, AH-1 provides for a maximum permitted gross density of 6.0 dwelling units per acre and that either 15% (rental) or 20% (for-sale) of the total number of dwelling units developed be available to qualifying households. The AH-1 Zone will create 14 affordable dwelling units.
C.
Requirement for use of AH-1 regulations. The AH-1 District is located within a public sanitary sewer service area. Prior to making an application for development pursuant to the regulations herein, a developer shall demonstrate that there is adequate public potable water sanitary sewer capacity to develop all permitted and required uses within the zone and that such capacity has been allocated to said developer by the body holding authority over such allocations. No development applications will be processed by the Township that fail to comply with this threshold provision prior to application.
D.
Permitted principal uses.
(1)
Multifamily apartments.
(2)
All principal uses permitted in the General Commercial (GC) District.
(3)
Any combination of permitted uses, including both residential and non-residential uses.
E.
Permitted accessory uses.
(1)
Active common recreational facilities for the use and enjoyment of residents and their guests, including, but not limited to pools, tennis courts, tot lots, fitness trails and bikeways. "Sports" lighting (high-mast, high illumination) is not permitted for these facilities.
(2)
Clubhouse, community building, rental/business office and model unit(s) to be converted into residential units.
(3)
Patios.
(4)
Fences and walls as regulated in Part 3, Article XI.
(5)
Tenant storage, maintenance/superintendent office and/or storage of maintenance equipment.
(6)
Private garages and off-street parking.
(7)
Signs.
(8)
Site furnishings (seating, trash and recycling enclosures, etc.).
(9)
Conservation, open space and public purpose uses.
(10)
Accessory uses on the same lot and customarily incidental to a principal use.
(11)
Stormwater management, sanitary sewer facilities including treatment and disposal, and other public or private utilities.
(12)
All accessory uses permitted in the General Commercial (GC) District.
F.
Tract requirements.
(1)
Maximum permitted gross density: 6.0 DU/acre.
(2)
Minimum required number of affordable dwelling units: 14.
(3)
Maximum building coverage for tract: 40%.
(4)
Maximum impervious coverage for tract: 70%.
(5)
Minimum tract boundary setbacks and buffers:
(a)
50 feet abutting a conforming residential use.
(b)
10 feet from NJSH Route 45.
(c)
20 feet abutting all other uses.
G.
Area and yard requirements for dwelling types.
(1)
Apartments:
(a)
Maximum height: 45 feet and three stories.
(b)
Maximum dwelling units per building: 90.
(c)
Minimum distance between buildings (in the case of multiple buildings):
[1]
Front-to-front: 60 feet.
[2]
Front-to-side: 40 feet.
[3]
Side-to-side: 30 feet.
[4]
Rear-to-rear: 40 feet.
(d)
Minimum setback to sidewalk, street right-of-way, access driveway or parking area: 15 feet.
(2)
Permitted building encroachments for residential buildings:
(a)
Entry steps, covered entries, porches and decks projecting no more than six feet from an exterior building wall are permitted to encroach up to six feet in a front, rear or side setback.
(b)
Bay windows and chimneys projecting no more than two feet from an exterior building wall are permitted in a front, rear or side setback.
(3)
Community building:
(a)
Maximum height: 25 feet and 1 1/2 stories.
(b)
Setbacks shall conform to setbacks for apartments per § 70-63.
H.
Parking and circulation.
(1)
Parking shall be provided, and circulation elements (such as streets and thoroughfares) shall be designed, to comply with the New Jersey Residential Site Improvement Standards ("RSIS") at N.J.A.C. 5:21.
(2)
Parking areas and driveways shall be located a minimum of 25 feet from any tract boundary, except where connectivity to adjacent properties or streets is necessary.
(3)
All drives, thoroughfares and parking areas shall be owned and maintained by a private entity.
(4)
Townhouse units shall utilize rear lanes/alleys for vehicular access to parking.
(5)
Townhouses shall provide at least one on-site parking space within an enclosed garage located in the rear yard with access from a lane/alley.
(6)
Townhouse parking may occur within the driveway leading to a garage, in which case said garage shall be set back no less than 20 feet from curb or between the garage door and a sidewalk, whichever distance is less, to accommodate a car without projecting into the right-of-way.
(7)
While off-street parking is preferred, parking within driveways may be delineated, calculated and included towards meeting the RSIS requirements, provided all engineering and geometric requirements are met. No striping of on-street parking is required.
(8)
Off-street parking may be located beneath the ground floor of a building provided:
(a)
It is accessible only from the building elevation opposite from street frontage; and
(b)
The parking area beneath the building is not visible from a street.
(9)
Bicycle parking shall be provided at a ratio of three spaces per dwelling unit. Bicycle parking may be located on the ground floor of a building or in a separate building. Exterior bicycle parking shall have a roofed structure to buffer parked bicycles from weather-related impacts. Exterior bicycle parking shall be illuminated.
I.
Open space.
(1)
Minimum: 25% of the tract area.
(2)
Permitted open space uses:
(a)
Conservation.
(b)
Passive recreation.
(c)
Active recreation.
J.
Design standards. Deviations from these design standards shall be considered exceptions pursuant to the procedure articulated in the New Jersey Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-51.
(1)
Building design. The purpose of these building design standards is to ensure that the design of townhouse and apartment buildings promotes a desirable visual and spatial environment.
(a)
Design standards applicable to all buildings:
[1]
Buildings shall have a gable or hipped roof, reflective of the vernacular architecture of Mannington Township.
[2]
Principal roof eaves shall project at least one foot beyond the building facade or a supporting column. Secondary roof eaves (i.e., balconies, porches and patios) shall project at least one foot.
[3]
Primary roofs shall have a minimum pitch of 6/12.
[4]
Secondary roofs may have a pitch below 4/12.
[5]
Within each front building elevation, the maximum ratio of windows to wall shall be 30% window to 70% wall.
[6]
Balconies and patios shall be designed as integral subcomponents of the building facade and shall have a roof.
[7]
Cantilevered balconies are not permitted.
(b)
Apartment standards:
[1]
Building shall comply with the special standards and requirements of § 70-63, "Garden apartments and townhouses."
[2]
Buildings shall be designed to create a unified architectural theme, in terms of design, composition, color, materials and elements.
[3]
Storage. For each apartment, in addition to any storage areas contained within the unit, there shall be provided 200 cubic feet of storage in a conveniently accessible area, either within the apartment building or in a separate building where belongings can be kept locked and separated from the belongings of other occupants. Storage areas shall be located on the ground floor.
(2)
Lighting.
(a)
General. All outdoor lighting should be coordinated as to style, material and color. Lighting throughout the site should overlap, creating an even level of illumination throughout the parking area. All exterior lighting shall be designed, located, installed and directed in such a manner as to prevent objectionable light at and across the property lines and to prevent glare at any location on or off the property. LED fixtures are required for energy efficiency and uniform illumination.
(b)
Parking lots shall be illuminated with an average of no less than two-tenths (0.2) footcandle. The ratio between maximum footcandles and average footcandles shall be no greater than 20 to 1.
(c)
Illumination at property lines shall not exceed one-tenth (0.1) footcandle, excluding streets or driveways.
(d)
Lighting shall be provided by fixtures in parking lots with a mounting height not more than 16 feet measured from the ground level to the center line of the light source and lighting fixtures no to exceed 12 feet in height shall be provided for pedestrian walkways and residential use areas outside of parking lots.
(e)
Fixtures for illumination shall be full cutoff luminaires.
(3)
Signs.
(a)
Neighborhood identification. There may be a maximum of one permanent freestanding neighborhood identification sign located at the entrance to the community. Neighborhood identification signs shall be set back at least 10 feet from any property line, shall not exceed 35 square feet in sign area and shall not exceed five feet in height. Neighborhood identification signs may be mounted on brick or masonry walls or buildings.
(b)
Community/recreation/clubhouse. The community, recreation and/or clubhouse building may have one wall identification sign. The permanent wall identification sign shall not exceed 20 square feet in sign area.
(c)
Directional signs. Up to two directional signs shall be allowed on each driveway frontage from which vehicular access is derived. A directional sign shall not exceed four square feet in sign area and shall not exceed six feet in height. A directional sign shall be set back from any lot line by at least 10 feet.
(d)
Residential building identification. Each residential building may have up to two attached identification signs. The maximum sign area of each shall not exceed six square feet. Such signs shall be appropriately integrated within the architecture of the buildings.
(4)
Open space.
(a)
Open spaces shall be planted with double rows of shade trees along driveway frontages.
(b)
A detailed site plan for open spaces shall be submitted for review and approval.
(c)
Common open space shall be provided, and shall include at a minimum:
[1]
Children's play area;
[2]
Community building, which may include, but is not limited to, a clubhouse, leasing office, and model, of which a minimum of 2,500 square feet; and
[3]
Central open space for passive uses.
(d)
Stormwater facilities shall not impede function of open space.
K.
Affordable housing.
(1)
Minimum required number of affordable dwelling units: 14.
(2)
Minimum percentage of affordable dwellings: 15% (rental) or 20% (for sale) of the total number of dwelling units.
(3)
Affordable dwelling units shall be constructed and sold or rented in accordance with the Council on Affordable Housing rules, N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq.
(4)
Affordable dwelling unit household income breakdown:
(a)
At least 13% of the affordable units shall be affordable to very-low-income (VLI) households at 30% of the median income;
(b)
At least 50% of the affordable units shall be made affordable to low-income units (the 50% requirement is inclusive of the 13% VLI requirement); and
(c)
The balance of units permitted at moderate income up shall not exceed maximum of 50% of all affordable units.
(5)
Affordable dwelling bedroom distribution: Bedroom distribution shall be in accordance with the Council on Affordable Housing rules, N.J.A.C. 5:93-1 et seq.; the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 et seq., and all other applicable laws and regulations.
(6)
The range of affordability, pricing and rent of units, affirmative marketing, 30-year minimum affordability controls and construction phasing with the market rate units developed on the tract shall also be in accordance with the Council on Affordable Housing rules, N.J.A.C. 5:93-1 et seq.; the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq.; the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 et seq., and all other applicable laws and regulations.
(7)
The Township designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer.[2]
[2]
Editor's Note: Former §§ 70-39.1, Flood damage prevention, and 70-39.2, Flood hazard areas, which immediately followed this section, were repealed 11-7-2024 by Ord. No. 24-06.
[1]
Editor’s Note: Former § 70-39, Flood hazard areas, was renumbered as § 70-39.2 by Ord. No. 16-03, adopted 6-2-2016.
