Mendham Township City Zoning Code
§ 500-14
Lot size averaging.
A.
Purposes. Subdivision developments in the R-5 and R-10 Zones are encouraged to be designed according to the principles of lot size averaging in order to promote the following:
(1)
A mix of lots of varying sizes and configurations within neighborhoods consistent with the Township's historic development pattern;
(2)
Subdivision roads designed to follow the natural contours and features of the land consistent with the character of the Township's historic rural roads, and thus less disruptive to the environment and potentially shorter and less costly to build and maintain;
(3)
The preservation of permanent private or public open space, especially areas important to environmental protection and the preservation of community character.
B.
General. Lot size averaging shall be permitted in the R-5 and R-10 Zones.
C.
Lot yield. The number of lots that may be created by subdivision for lot size averaged subdivisions may be determined by either one of the following options, at the discretion of the developer:
(1)
Lot yield may be the same as a conventional subdivision complying with all of the minimum requirements contained in the Schedule of Requirements for the zone district as verified by the submission of a concept subdivision plan; or
(2)
Lot yield may be determined utilizing the formulas below which compensate for the extra land typically needed for a conforming conventional subdivision, especially for roads, where, L = total permitted number of lots, T = total tract acreage, and L shall be rounded to the nearest whole number:
(a)
In the R-5 Zone:
L | = | 0.85 x T |
5 |
(b)
In the R-10 Zone:
L | = | 0.90 x T |
10 |
D.
Bonus lots. The Planning Board may permit one or more additional bonus lots for dedication of public open space in accordance with the following:
(1)
One bonus lot for every 20 acres of land deeded to Mendham Township dedicated for public open space or conservation purposes.
(2)
The Planning Board shall determine that the land to be dedicated is suitable for public open space purposes, including but not limited to: areas important to the protection of environmental resources; areas containing contributing historic resources as documented in State and National Historic Register Registration Forms; area adjacent to existing public open space; roadscape areas that preserve community character. A bonus lot shall not be granted if more than one-half of the tract proposed to be dedicated consists of wetlands, wetland or stream buffers, or steep slopes.
(3)
In lieu of deeding or conveying a conservation easement to Mendham Township as provided in § 500-14D(1) and (2), one bonus lot for every 20 acres of land may be permitted in accordance with the following:
(a)
The property owner may, with the consent of the Township, deed the property or convey the conservation easement, by means of a document signed by both the grantor and the grantee, to a trust or other entity which is tax exempt and authorized by its charter or applicable law to hold a conservation easement, provided that such entity is a qualified organization within the meaning of Regulation Sec. 1.170A-14(c) (1) of the Internal Revenue Code as amended from time to time;
(b)
The Township will consent to conveyance to such an entity provided that it is of recognized standing, chartered in New Jersey and has engaged in other such transactions for at least the last 10 years; and
(c)
The deed or conservation easement agreement shall provide:
"If at any time the Grantee shall cease to act as a not-for-profit entity with one of its primary purposes being the preservation of natural resources and open space, shall be liquidated or dissolved, or falls into inactivity and does not actively manage the open space for which it is responsible, the interests granted to the Grantee under this [deed] [easement] shall be transferred and assigned to the Township of Mendham or to an entity selected by the Township and qualified under the Township's lot size averaging ordinance to hold such an easement. For purposes of implementing the provisions of this paragraph and in circumstances where a conveyance document is not readily obtainable from a duly authorized officer of Grantee, the parties do hereby name and designate the Township Attorney in Fact to execute and deliver to the Township of Mendham a document which transfers, conveys, and assigns to the said Township all of the Grantee's right, title and interest hereunder."
E.
Minimum lot standards for lot averaged subdivisions. Notwithstanding any other provisions of this chapter, lots in lot averaged subdivisions shall comply with the following standards:
(1)
In the R-5 Zone, all lots shall comply with the minimum bulk standards of the R-3 Zone as contained in the Schedule of Requirements.
(2)
In the R-10 Zone, all lots shall comply with the minimum bulk standards of the R-5 Zone as contained in the Schedule of Requirements.
F.
Deed restrictions. All lots larger than five acres in the R-5 Zone and 10 acres in the R-10 Zone, which are part of a lot averaging subdivision, shall be subject to the following permanent deed restriction:
"This lot was subdivided pursuant to the lot size averaging provisions of the Mendham Township Zoning Regulations. Further subdivision of this lot described herein is prohibited. This restriction shall run with the land described herein and is binding upon any and all heirs, successors and assigns in title from and after the date of this deed and shall be enforceable by the Township of Mendham."