Millstone City Zoning Code
§ 30-108
RESIDENTIAL 2 DISTRICT, R-2.
A.
Principal permitted uses. The Residential 2 Zone is intended primarily for private residential and agricultural uses, and no building or structure shall be erected, constructed, or altered therein, and no land or premises shall be used except for the following uses or as permitted under Section 30-106:
B.
Accessory uses. Permitted accessory uses shall be those permitted in the R-1 District.
C.
Conditional uses. Permitted conditional uses shall be those permitted in the R-1 District except that wireless communication facilities shall also be permitted. (Amended 7-3-2002 by Ord. No. 2002-183)
D.
Prohibited uses. Prohibited uses shall be those prohibited in the R-1 District.
E.
Frontage and area of lots. No lot or plot shall have a street frontage of less than 225 feet nor an area of less than two acres except as provided in Section 30-108K, Density Zoning. No building shall occupy an area of 10% of the area of the lot upon which it is built.
F.
Height. No building shall be erected to a height in excess of 35 feet.
G.
Front yard. A front yard is required which shall be a minimum of 45 feet measured from the front street line to the building proper not including open porches. In no case shall an open porch be less than 35 feet from the front street line.
H.
Rear yard. There shall be a rear yard of not less than 20% of the depth of the lot at ground level, but provided that no rear yard need exceed 50 feet, but also provided that no dwelling may be constructed nearer than 30 feet to the property line.
I.
Side yards. No building, including accessory buildings or swimming pool, shall be constructed closer to the side property line than 30 feet.
J.
Accessory buildings. Any accessory building, garage or swimming pool, shall not be located nearer to the rear lot line than 20 feet.
K.
Density zoning.
(1)
In the Residential 2 Zone new housing developments classified and approved as major subdivisions and other subdivisions where considered appropriate by the Planning Board, and where the subject tract of land is at least 10 acres, the minimum lot area may be reduced to one acre, and the minimum frontage reduced to 140 feet providing that a density of one family for each two acres of subdivision exclusive of streets be adhered to.
(2)
Maximum Number of Lots. The maximum number of clustered lots to be permitted in a subdivision application submitted under this section shall be determined by the approval by the Planning Board of a sketch layout of the subdivision if developed in a conventional manner. Such sketch plat shall show proposed roads and existing topographic contours at 10 foot intervals as well as environmental information which is typically provided during the preliminary plat approval, such as wetland information, steep slopes and floodplains. The number of lots contained in the approved sketch layouts shall be conclusive as to the total number of lots allowed under the density zoning/cluster development option.
(3)
All lands within the subdivision other than streets and plotted lots shall be maintained as common open space, that is, open space within or related to the development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development, subject to applicable Borough regulations. The developer of any cluster subdivision shall provide for an organization for the ownership and maintenance of any open space for the benefit of the owners or residents of the development in accordance with the requirements of the Municipal Land Use Law (C.40:55D-43). Such open space may be dedicated to the Borough subject to acceptance by the Borough under the condition that the open land area so deeded be permanently designated for open space recreation, and conservation use as determined by the Borough Council. Natural features, such as trees and brooks, shall be preserved wherever possible and incorporated into the common open space.
(4)
Before deeding the land to the Borough, any excavation or disturbance, of terrain within the open land area shall be corrected to be as near as possible to the condition existing before the excavation or disturbance, landscaped and seeded by the developer holding title to the land at the time of development. Plans for such improvement shall be submitted with the final plat. Release of any and all performance bonds pertaining to said development shall be contingent upon the landscaping of the open land area as approved by the Borough Engineer and any and all other conditions within this Ordinance referred to in the caption hereof.
(5)
Where common open space land resulting from the density zoning/cluster option is offered to the Borough and is accepted by the Borough, the Borough shall assume responsibility for upkeep of the open land and shall maintain its physical appearance. Otherwise, this shall be the responsibility of the homeowners association or other designated body.
(6)
The open land area to be deeded for public purposes shall be at a location designated by the Planning Board.
(8)
If the privilege of Density Zoning is not employed, all provisions pertaining to the Residential 2 Zone shall apply.