Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

Kitchens, kitchenettes, and wet bar areas are prohibited.

A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

The tract size shall be a minimum of 42 acres.

The number of dwelling units shall not exceed that which would be permitted with no variances for a conventional subdivision in the R-170 Zone.

The lots meet the requirements of the R-130 District with no variances, except that lot width shall be a minimum of 175 feet on new streets only.

Land equal in area to a minimum of 30% of the tract's total land area shall be set aside separate from residential lots for the uses set forth in § 35-5-6.5a above, singly or in combination. The 30% area shall be reserved with appropriate deed restrictions or conservation easements to assure their continued use for agriculture, open space, conservation, recreation, parks and other amenities for the neighborhood and/or the public at large.

Unless otherwise approved by the Planning Board, the land to be set aside shall be in one parcel, but in no event shall any parcel be less than five acres in size.

As part of the Statement of Environmental Impact and Assessment Statement submitted in the application, the developer shall include an analysis of the parcels surrounding the subject property. Such analysis shall examine whether the dedicated lands in the subject parcel should be located so as to be linked to the adjacent parcels for purposes such as preservation of prime agricultural lands or wooded areas.

No more than a total of 25% of the land set aside shall be in any combination of: floodplains, designated wetlands areas, wetlands transition areas, utility rights-of-way, areas previously dedicated for public or private use, areas with a slope of 15% or greater, environmental constraints in accordance with § 35-9-5, and land that is deed restricted and/or within conservation types of easements at the time an application is approved by the Board to permit use of the variable density option. No portion of the lands may be utilized for detention basins or other drainage improvements that may be required of the applicant as a condition of approval.

As a general principle, open space shall be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; grading and seeding; and drainage.

The Planning Board may permit minor deviation from open space standards when it can be determined that:

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

Public or quasi-public organizations or private nonprofit corporations, subject to their acceptance.

Homeowner organizations.

Shared, undivided interest by all property owners in the subdivision.

The Homeowners' association must be established before the homes are sold.

Membership must be mandatory for each homebuyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The Association must be responsible for liability insurance, local taxes, and the maintenance for recreational and other facilities.

Homeowners must pay their pro rata share of the cost; the assessment levied by the Association can become a lien on the property if allowed in the master deed establishing the Homeowners' association.

The Association must be able to adjust the easement to meet changed needs.

In the event that a non-municipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that the deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days' within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that the organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township Committee shall determine that the organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

Kitchens, kitchenettes, and wet bar areas are prohibited.

A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

The lot to be subdivided is an isolated lot that conformed to the requirements of the zone in effect immediately prior to enactment of the RU-P zone, and there is no other contiguous lot in the same ownership; and

No other contiguous land in the same ownership adjoined the lot at the time of the effective date of the amendment establishing the R-UP zone; and

Each of the two lots to be created by the minor subdivision will conform to and can be developed in accordance with the area, yard and bulk requirements of the zone district in effect immediately prior to the effective date of the amendment establishing the R-UP zone; and

Each of the two lots will adhere to use requirements of the R-UP zone district.

In addition to being 10 acres in size, in accordance with § 35-4-4.7 of this ordinance, each lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:

As may be requested by the Planning Board, the applicant may be required to submit additional data supporting the probability that a lot or lots shown on the schematic test subdivision plan could be constructed upon, including, for example, either basin flood or pit bail soil permeability tests and depth to mottling measurements, and other information related to the ability of a proposed lot or lots to support a septic system and a potable water well.

Once the number of lots that could be developed in accordance with a conventional subdivision plan is determined by the Planning Board from the Schematic By-Right Subdivision Plan, a density bonus of an additional 30%, rounded to the nearest whole number, shall be added to the number of lots so determined by the Planning Board.

The final number of lots so calculated with the density bonus shall be voted upon and approved by a majority of a quorum of the Planning Board, and the approved number of lots shall be the maximum number of lots that will be considered for development as part of a farmland/open space conservation cluster.

Regarding a farmland/open space conservation cluster designed to preserve farmland, an additional farmstead house will be permitted to be developed on the deed restricted farmland if the deed restricted farmland remains in private ownership.

The final number of residential lots shall then be designed by the applicant in a clustered format, in accordance with the design provisions included with § 35-5-6A.6e of this ordinance hereinbelow, or no more than 30% of the overall tract area, with the remaining lands deed restricted in perpetuity as farmland and/or open space in accordance with the provisions included within § 35-5-6A.6f of this ordinance, also hereinbelow; provided, however, if the applicant can not provide a plan providing for the maximum lots permitted within 30% of the overall tract, the Planning Board may increase the permitted use to 35% of the overall tract, provided such increase will advance the purpose of this ordinance.

The design of a farmland/open space conservation cluster shall be in accordance with an overall design theme to be indicated in writing by the applicant, and the plans shall first identify the portions of the tract to be preserved and safeguarded, including agricultural lands, open spaces, treed areas, endangered or threatened species habitat, existing streetscapes, steep slopes, floodplains, wetlands, wetlands transitional areas, stream corridors and scenic vistas;

The residential lots within a farmland/open space conservation cluster shall be located secondarily and in consideration of the portions of the tract to be preserved; therefore, the lots might appropriately be separated from one another and located in various portions of the tract rather than being clustered together;

Residential lots shall be located within those portions of the tract not obviously visible from existing public roads unless the Planning Board finds that such locations would otherwise advance the purpose of these ordinance provisions (§ 35-5-6A.6a);

Unless specifically approved by the Planning Board, whether because there is no practical alternative and/or because the resulting layout will advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a), no residential lot shall abut any existing public street;

Each residential lot within a farmland/open space conservation cluster shall be at least two acres (87,120 square feet) in size and shall meet both the minimum yard and the building requirements specified in § 35-5-8.4 of this ordinance for the R-80 Rural Residential zoning district as well as the contiguous one acre lot area requirements specified in § 35-4-4.7 of this ordinance;

A densely planted buffer at least 50 feet in width shall be required to be planted in a conservation easement along the frontage of any existing roadway abutting any portion of the tract being developed with housing; the buffer may be required to include a berm.

The farmland/open space conservation cluster shall not include any hardship variances under N.J.S.A. 40:55D-70c.(1), but may include variances under N.J.S.A. 50:55D-70c.(2) when the Planning Board finds that a deviation from a zoning requirement would advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a) and that the benefits of the deviation would substantially outweigh any detriment.

The setaside farmland and/or open space land shall have at least 50% of its area containing nor freshwater wetlands, wetlands transitional buffers, one-hundred-year floodplains, topographic slopes 15% or greater and/or any stream corridor buffers required by the Delaware & Raritan Canal Commission, Millstone Township, Monmouth County and/or by the State of New Jersey.

All lands to be preserved as farmland and/or open space shall be clearly delineated on the submitted plans and the current and any proposed use of the subject lands also shall be indicated.

Lands utilized for street rights-of-way and any surface water management facility shall not be included as part of the land area set aside as preserved farmland or open space.

Lands already preserved as farmland or open space, whether via deed restriction or conservation easement, or land that is the subject of an application or contract of sale to be preserved as farmland or open space shall not be included as part of the proposed preserved farmland or open space area.

The minimum land area required to be set aside as preserved farmland or open space shall not be encumbered by any restrictive easements and shall be suitable for use as farmland or open space, as the case may be. Should there be evident concerns that the land may be environmentally contaminated, the Planning Board may require that the applicant prepare and submit a Phase I environmental report and, if deemed necessary, a Phase II environmental report. Thereafter, if necessary, any contaminated lands shall be remediated by the applicant, and no construction shall take place anywhere on the overall tract of land until such remediation is completed.

Should the proposed development consist of a number of development stages, the entirety of the farmland or open space acreage to be preserved shall be provided as a condition to the final approval of the first stage.

Any land area to be set aside as permanent farmland and/or open space shall be offered by deed to Millstone Township.

Regarding land proposed by the applicant to be set aside as farmland and/or open space, the Planning Board shall offer its recommendation to the Township Committee prior to the granting or preliminary approval as to whether or not acceptance of the farmland and/or open space land by Millstone Township will further the goals and objectives of the Township Master Plan and shall also offer its recommendation as to how the farmland and/or open space land should be used. Within 45 days after receiving the recommendations from the Planning Board, and prior to the Board granting preliminary approval to the subject development, the Township Committee shall respond to the Board as to whether or not the Township will accept the dedication of the farmland and/or open space land and, if to be accepted, how the open space lands shall be used.

Any land area to be set aside as permanent farmland shall contain a note on the final plat approved by the Planning Board to be filed with the Monmouth County Clerk that the land area is to be preserved as farmland, and will continue to be farmed pursuant to past, current and future agricultural practices. The designated farmland shall have no more than 10% of its area covered with buildings, structures and/or other impervious surfaces, including any permitted farmstead house, provided that if the designated farmland has more than 10% of its area covered with buildings, structures and/or other impervious surfaces, such buildings, structures and/or other impervious structures shall be permitted to remain.

Any preliminary approval granted by the Planning Board for a farmland/open space conservation cluster shall be conditioned upon the acreage to be preserved as farmland or open space being duly deed restricted, with monuments installed in accordance with § 35-11-13.3 of this Land Use and Development Regulations Ordinance to delineate the deed restricted area(s).

Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area; including both sales and display areas.

The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

Kitchens, kitchenettes, and wet bar areas are prohibited.

A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

In addition to being six acres in size, in accordance with § 35-4-4.7 of this ordinance, each lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:

As may be requested by the Planning Board, the applicant may be required to submit additional data supporting the probability that a lot or lots shown on the schematic test subdivision plan could be constructed upon, including, for example, either basin flood or pit bail soil permeability tests and depth to mottling measurements, and other information related to the ability of a proposed lot or lots to support a septic system and a potable water well.

Once the number of lots could be developed in accordance with a conventional subdivision plan is determined by the Planning Board from the Schematic By-Right Subdivision Plan, a density bonus of an additional 20%, rounded to nearest whole number, shall be added to the number of lots so determined by the Planning Board.

The final number of lots so calculated with the density bonus shall be voted upon and approved by a majority of a quorum of the Planning Board, and the approved number of lots shall be the maximum number of lots that will be considered for development as part of a farmland/open space conservation cluster.

Regarding a farmland/open space conservation cluster designed to preserve farmland, an additional farmstead house will be permitted to be developed on the deed restricted farmland if the deed restricted farmland remains in private ownership.

The final number of residential lots shall then be designed by the applicant in a clustered format, in accordance with the design provisions included within § 35-5-6BA.6e of this ordinance hereinbelow, on no more than 25% of the overall tract area, with the remaining lands deed restricted in perpetuity as farmland and/or open space in accordance with the provisions included within § 35-5-6A.6f of this ordinance, also hereinbelow; provided, however, if the applicant can not provide a plan providing for the maximum lots permitted within 25 of the overall tract, the Planning Board may increase the permitted use to 30% of the overall tract, provided such increase will advance the purpose of this ordinance.

The design of a farmland/open space conservation cluster shall be in accordance with an overall design theme to be indicated in writing by the applicant, and the plans shall first identify the portions of the tract to be preserved and safeguarded, including agricultural lands, open spaces, treed areas, endangered or threatened species habitat, existing streetscapes, steep slopes, floodplains, wetlands, wetlands transitional areas, stream corridors and scenic vistas;

The residential lots within a farmland/open space conservation cluster shall be located secondarily and in consideration of the portions of the tract to be preserved; therefore, the lots might appropriately be separated from one another and located in various portions of the tract rather than being clustered together;

Residential lots shall be located within those portions of the tract not obviously visible from existing public roads unless the Planning Board finds that such locations would otherwise advance the purpose of these ordinance provisions (§ 35-5-6B.6a);

Unless specifically approved by the Planning Board, whether because there is no practical alternative and/or because the resulting layout will advance the stated purpose of these ordinance provisions (§ 35-5-6A.6a), no residential lot shall abut any existing public street;

Each residential lot within a farmland/open space conservation cluster shall be at least 1 1/3 acres (58,080 square feet) in size and shall meet the following minimum yard and building requirements as well as the contiguous one acre lot area requirements specified in § 35-4-4.7 of this ordinance;

A densely planted buffer at least 50 feet in width shall be required to be planted in a conservation easement along the frontage of any existing roadway abutting any portion of the tract being developed with housing; the buffer may be required to include a berm.

The farmland/open space conservation cluster shall not include any hardship variances under N.J.S.A. 40:55D-70c.(1), but may include variances under N.J.S.A. 50:55D-70c.(2) when the Planning Board finds that a deviation from a zoning requirement would advance the stated purpose of these ordinance provisions (§ 35-5-6B.6a) and that the benefits of the deviation would substantially outweigh any detriment.

The setaside farmland and/or open space land shall have at least 50% of its area containing no freshwater wetlands, wetlands transitional buffers, one-hundred-year floodplains, topographic slopes 15% or greater and/or any stream corridor buffers required by the Delaware & Raritan Canal Commission, Millstone Township, Monmouth County and/or by the State of New Jersey.

All lands to be preserved as farmland and/or open space shall be clearly delineated on the submitted plans and the current and any proposed use of the subject lands also shall be indicated.

Lands utilized for street rights-of-way and any surface water management facility shall not be included as part of the land area set aside as preserved farmland or open space.

Lands already preserved as farmland or open space, whether via deed restriction or conservation easement, or land that is the subject of an application or contract of sale to be preserved as farmland or open space shall not be included as part of the proposed preserved farmland or open space area.

The minimum land area required to be set aside as preserved farmland or open space shall not be encumbered by any restrictive easements and shall be suitable for use as farmland or open space, as the case may be. Should there be evident concerns that the land may be environmentally contaminated, the Planning Board may require that the applicant prepare and submit a Phase I environmental report and, if deemed necessary, a Phase II environmental report. Thereafter, if necessary, any contaminated lands shall be remediated by the applicant.

Should the proposed development consist of a number of development stages, the entirety of the farmland or open space acreage to be preserved shall be provided as a condition to the final approval of the first stage.

Any land area to be set aside as permanent farmland and/or open space shall be offered by deed to Millstone Township.

Regarding land proposed by the applicant to be set aside as farmland and/or open space, the Planning Board shall offer its recommendation to the Township Committee prior to the granting of preliminary approval as to whether or not acceptance of the farmland and/or open space land by Millstone Township will further the goals and objectives of the Township Master Plan and shall also offer its recommendation as to how the farmland and/or open space land should be used. Within 45 days after receiving the recommendations from the Planning Board, and prior to the Board granting preliminary approval to the subject development, the Township Committee shall respond to the Board as to whether or not the Township will accept the dedication of the farmland and/or open space land and, if to be accepted, how the open space lands shall be used.

Any land area to be set aside as permanent farmland shall contain a note on the final plat approved by the Planning Board to be filed with the Monmouth County Clerk that the land area is to be preserved as farmland, and will continue to be farmed pursuant to past, current and future agricultural practices. The designated farmland shall have no more than 10% of its area covered with buildings, structures and/or other impervious surfaces, including any permitted farmstead house, provided that if the designated farmland has more than 10% of its area covered with buildings, structures and/or other impervious surfaces, such buildings, structures and/or other impervious surfaces shall be permitted to remain.

Any preliminary approval granted by the Planning Board for a farmland/open space conservation cluster shall be conditioned upon the acreage to be preserved as farmland or open space being duly deed restricted, with monuments installed in accordance with § 35-11-13.3 of this Land Use and Development Regulations Ordinance to delineate the deed restricted area(s).

Transient housing facilities for farm workers located on the same property and in conjunction with a permitted farm.

Structures or areas for the sale of farm products provided they do not exceed 1,000 square feet in gross floor area.

The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

Kitchens, kitchenettes, and wet bar areas are prohibited.

A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

The tract size shall be a minimum of 18 acres.

The number of dwelling units shall not exceed that which would be permitted with no variances for a conventional subdivision in the R-130 Zone.

The lots meet the requirements of the R-80 District, except lot width shall be a minimum of 175 feet on new streets only.

Land equal in area to a minimum of 30% of the tract's total land area shall be set aside separate from residential lots for the uses set forth in § 35-5-7.5a above, singly or in combination. The 30% area shall be reserved with appropriate deed restrictions or conservation easements to assure their continued use for agriculture, open space, conservation, recreation, parks and other amenities for the neighborhood and/or the public at large.

Unless otherwise approved by the Planning Board, the land to be set aside shall be in one parcel, but in no event shall any parcel be less than five acres in size.

As part of the Statement of Environmental Impact and Assessment submitted in the application, the developer shall include an analysis of the parcels surrounding the subject property. Such analysis shall examine whether the dedicated lands in the subject parcel should be located so as to be linked to the adjacent parcels for purposes such as preservation of prime agricultural lands or wooded areas.

No more than a total of 25% of the land set aside shall be in any combination of: floodplains, designated wetlands areas, wetlands transition areas, utility rights-of-way, areas previously dedicated for public or private use, areas with a slope of 15% or greater, environmental constraints in accordance with § 35-9-5, and land that is deed restricted and/or within conservation types of easements at the time an application is approved by the Board to permit use of the variable density option. No portion of the lands may be utilized for detention basins or other drainage improvements that may be required of the applicant as a condition of approval.

As a general principle, open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; grading and seeding; and drainage.

The Planning Board may permit minor deviation from open space standards when it can be determined that:

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

The finished, accessory usable space is limited to 500 square feet or 50% of the gross floor area of the structure, whichever is smaller.

Kitchens, kitchenettes, and wet bar areas are prohibited.

A convenience bathroom no larger than 22 square feet, containing only a toilet and hand wash sink, may be permitted, subject to Health Department approval for the septic. Showers and bathtubs are prohibited within the structure.

A deed restriction must be filed with the County Clerk's offices indicating that this structure will not be used as a second dwelling unit.

Bakery.

Candy and confectionery store.

Clothing store.

Delicatessen.

Drugstore.

Florist.

Grocery store.

Hardware store.

Liquor store.

Newspaper, book and tobacco store.

Category One and Category Two Restaurants.

Toy store.

Appliance store.

Tavern.

Banks and similar forms of financial institutions.

Barber shop.

Beauty shop.

Dry cleaning and laundry pick-up stations only. No dry cleaning or laundry is permitted on the premises.

Medical, dental, optician and optometrist offices and professional offices including accounting, attorney, engineering, architectural, surveying, realtor, and similar types of offices.

Repair service (radio, television, appliances, shoe, clothing, lawn and garden equipment, etc.)

Undertaking and funeral homes.

Pest control, electrical, plumbing and auto parts.

Dance school.

Martial arts school.

Fitness center.

Bakery.

Candy and confectionery store.

Clothing store.

Delicatessen.

Drugstore.

Florist.

Grocery store.

Hardware store.

Liquor store.

Newspaper, book and tobacco store.

Category One and Category Two Restaurants.

Toy store.

Appliance store.

Tavern.

Banks and similar forms of financial institutions.

Barber shop.

Beauty shop.

Dry cleaning and laundry pick-up stations only. No dry cleaning or laundry is permitted on the premises.

Medical, dental, optician and optometrist offices and professional offices including accounting, attorney, engineering, architectural, surveying, realtor, and similar types of offices.

Repair service (radio, television, appliances, shoe, clothing, lawn and garden equipment, etc.)

Undertaking and funeral homes.

Pest control, electrical, plumbing, and auto parts.

Dance school.

Martial arts school.

Fitness center.

Bakery.

Candy and confectionery store.

Clothing store.

Delicatessen.

Drugstore.

Florist.

Grocery store.

Hardware store.

Liquor store.

Newspaper, book and tobacco store.

Toy store.

Appliance store.

Banks and similar forms of financial institutions.

Barber shop.

Beauty shop.

Dry cleaning and laundry pick-up stations only. No dry cleaning or laundry is permitted on the premises.

Medical, dental, optician and optometrist offices and professional offices including accounting, attorney, engineering, architectural, surveying, realtor, and similar types of offices.

Repair service (radio, television, appliances, shoe, clothing, lawn and garden equipment, etc.)

Undertaking and funeral homes.

Pest control, electrical, plumbing and auto parts.

Dance school.

Martial arts school.

Fitness Center.

A minimum lot size of 20 acres shall be required.

The minimum distance between any portion of a solar or photovoltaic energy facility and a street line shall be 75 feet and the minimum distance from any other property line shall be 50 feet.

Wind towers shall be set back a distance equal to 1.5 times the height of the tower from all property lines, public roads, dwellings, and overhead power lines. The distance shall be measured from the center of the tower.

The maximum total height of any small wind energy system shall not exceed 120 feet; the total height shall include the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.

More than one tower for a small wind energy system shall be permitted on a lot as a principal permitted use.

No rooftop installation is permitted for wind, solar or photovoltaic energy facilities as principal uses.

Small wind energy systems shall have a nameplate capacity of 10 kilowatts or less.

All other applicable requirements in § 35-4-9.8 of this chapter shall be met, except that there shall be no limitation on the total surface square footage area of any ground-mounted or freestanding solar collectors on a lot.

Wind, solar or photovoltaic energy facilities as principal permitted uses shall require major site plan approval. In addition to the submission requirements for a minor site plan application set forth in § 35-4-9.8h3 of this ordinance and all other applicable submission requirements for a major site plan, a visual site distance analysis must be submitted, including photos of the subject property that graphically simulates the appearance of any proposed energy system from at least five locations around and within one mile of the proposed tower(s) or solar arrays.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Standards.

Business and professional offices.

Banks and other financial institutions.

Corporate offices.

Scientific and research laboratories.

Category One and Category Two Restaurants.

Commercial recreation including theaters, skating rinks, bowling alleys, tennis and racquetball facilities.

Health spas.

Retail or service uses permitted in the HC zone. A retail or service use shall be developed in conformance with the overall concept plan as provided below for a planned commercial development. The total building floor area of all such retail and service uses shall not exceed 25% of the gross floor area of all buildings within the planned commercial development.

Child-care centers.

Storage warehouse and distribution centers, excluding trailer storage yards.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Standards.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Standards.

Rehabilitate or cure the effects of the disturbance caused during construction;

Maintain the integrity of the surrounding habitat; and

Maintain the existing ability of the stream corridor to buffer the stream.

Lot Area. Accessory apartments shall be permitted on lots of 20,000 square feet or greater, except where there exists a qualifying existing accessory apartment which is on a lot of less than 20,000 square feet. Such an apartment can be counted as long as all other standards and regulations can be met.

Unit Size and Type. Accessory apartments shall contain at least 500 square feet of gross floor area. Each unit must also contain bathroom and kitchen facilities. Units attached to principal dwellings must have a separate entrance but shall not have access directly to the principal dwelling from within the structure.

A deed restriction shall be applied to properties with accessory apartments that are completely detached, specifying that such units may not be subdivided off in the future unless such subdivision, the structures located thereon and the resultant lots conform in all respects to all Municipal Zoning regulations and standards.

A deed restriction shall be recorded for every newly created accessory apartment requiring compliance with all affordability controls and procedures set forth in the regulations of COAH or any successor entity for such period of time as may be required for the Township of Millstone to receive credit for the unit against its affordable housing obligation.

Parking. A minimum of one off-street parking space shall be provided for a one-bedroom or two-bedroom accessory apartment. A three-bedroom accessory apartment shall be required to provide two off-street parking spaces. In each case the total number of parking spaces provided on the entire site shall comply with the Residential Site Improvement Standards (RSIS).

Building setbacks. No new accessory apartment structure shall be located in any front yard or have less than the required side or rear yard setback for principal buildings for the zone in which the property is located. However, additions to existing principal or accessory structures that do not conform to the required setback shall be permitted without the requirement for a setback variance as long as no existing nonconforming setback is decreased. In the case of lots in excess of 40,000 square feet, the minimum side or rear setback shall be 20 feet.

Notwithstanding the building height limitations which apply to accessory structures, structures containing an accessory apartment that is developed in a manner which will contribute to the satisfaction of the Township's Mount Laurel obligation shall be permitted to have a maximum height of 1 1/2 stories and 20 feet.

Accessory apartments shall be limited to a maximum gross floor area of 1,000 square feet.

Accessory apartments shall be limited to one bedroom, except that on lots in excess of 40,000 square feet, an accessory apartment shall be permitted to contain two or three bedrooms.

Prior to the issuance of a building permit for an accessory apartment, a site plan and architectural plans must be submitted depicting, in detail, the size, location and appearance of the property structure. Any construction relative to the creation of an accessory apartment shall be architecturally consistent to the principal residence including siding, roofing materials and color.

Where new paved or gravel driveways or parking areas are proposed, a minimum five-foot setback from any side or rear property line shall be maintained. Landscaping and/or solid fencing shall be provided to screen such areas from the adjacent property. The proposed screening shall be specified on the site plan.

Accessory apartments shall be developed for, and affordable to, very-low-income households and shall conform in all respects with the eligibility and affordability requirements of the New Jersey Council on Affordable Housing.

No detached accessory apartment shall be located closer to a public street adjoining a front yard than the principal structure.

All accessory apartments shall have rents in compliance with COAH affordability controls, shall be affirmatively marketed in accordance with COAH requirements and shall be administered by the Affordable Housing Administrator ("administrative agent") appointed by the Township for such purpose.

Residential dwellings. Up to 242 total units of which 20% shall be set aside as affordable family rental units for occupancy by very-low-, low-, and moderate-income households. The income distribution of the affordable units shall comply with § 35-5-18.2b. Market rate units may be in both townhomes and multifamily buildings, and affordable units shall be provided in multifamily buildings.

Private and/or public utilities, including but not limited to stormwater management basins and facilities, package plant for sewer treatment, pumps, pump stations, facilities for well water service storage and treatment, hot box, and buildings and structures for such utilities. Potable water and wastewater management shall be maintained on property within the zoning district, and shall not be provided through the extension of public water or sewer.

Multiple principal uses are permitted on a property.

Off-street parking facilities and surface parking areas.

Common facilities and amenities, including tot lots, clubhouse with a fitness center and reception facilities, swimming pools, hot tubs, grilling stations and other on-site recreational areas and facilities, common walkways, gazebos, sitting areas, picnic areas and gardens, enclosed dog park/run area, and other similar accessory uses for the benefit of the residents. The land use ordinance recreational facilities requirements of § 35-4-15 shall not apply in the zone.

Fences and walls.

Maintenance buildings up to 30 feet in height. Such buildings shall be properly buffered and shall be architecturally compatible with residential structures.

Utilities including those enumerated in Subsection a2 herein.

Satellite dishes, antennas and solar energy panels, roof-mounted and at ground level.

Bike racks.

Trash and recycling enclosures.

Signs.

Other uses which are customarily incidental to a permitted principal use.

Temporary construction trailers and sales trailers.

Emergency generators.

Maximum Lot Coverage: 50%. NOTE: Maximum lot coverage is calculated using the gross acreage of the predevelopment tract or tracts including wetlands. Detention basins, wetponds, and open waters are not impervious.

Maximum Building Coverage: 25%. NOTE: Maximum building coverage is calculated using the gross acreage of the predevelopment tract or tracts including wetlands.

Minimum Lot Area: seven acres.

Minimum Lot Width/Frontage: 300 feet.

Minimum Lot Depth: 300 feet.

Townhome Building Setbacks:

Building to Building Setbacks for Townhome Buildings:

Maximum units per townhouse building: 10.

Water/Sewer Utilities Building Setbacks:

Parking Area Setbacks:

Building Height

Minimum Lot Area: two acres.

Multifamily Building Setbacks:

Building to Building Setbacks: 20 feet.

Maximum units per multifamily building: 27.

Parking Area Setbacks:

Building Height:

For townhomes, a minimum variation of three feet shall be required at the at the front of each individual townhouse unit. This standard shall also apply to the rear of townhouse units facing Perrineville Road.

For residential buildings along the Perrineville Road frontage, there shall be equal quality finishes on the front and rear facing facades.

Architectural features such as balconies, bay windows, dormers, and varied roof lines should be utilized throughout the development.

Facades shall be articulated and incorporate horizontal and vertical variations.

Ground-mounted HVAC units shall be screened by either evergreen shrubs planted at no less than 36 inches in height or solid fencing at 36 inches in height.

Floodlighting is discouraged and any exterior lighting mounted on townhouses or multifamily buildings shall be shielded and downward facing.

Signs may be nonilluminated, externally or internally illuminated. Any exterior light source shall be properly shielded and not extend beyond the sign face. There shall be no lighting involving motion or changing messages.

Signs shall be landscaped and may identify the community project name, developer, and logo.

The maximum sign area containing text and logos shall not exceed 35 square feet for each side of the sign if two-sided.

The maximum sign height, including the structure and sign area, shall not exceed eight feet above proposed finished grade.

The minimum sign setback shall be 10 feet from the public right-of-way.

There shall be no more than five real estate signs and five flag signs along Perrineville Road at any one time. Signs shall be located a minimum of 200 feet from any adjacent residential lots on the same side of Perrineville Road.

Signs shall be freestanding and nonilluminated, and may be two-sided.

Real estate signs shall not exceed 25 square feet in area, per side, and eight feet in height above the ground.

Flag signs shall not exceed 60 square feet of area, per side, and shall not exceed 20 feet in height above the ground.

The text per each sign may include the community development name, developer name, logo, and advertising and informational text.