[1]

All lawfully created lots in the MR and R-5 Districts existing prior to June 27, 1974, having an area of at least 1 but less than 3 acres, and all lawfully created lots in the R-2 District existing prior to August 15, 1998, having an area of at least 1 acre but less than 2 acres, shall be permitted to be developed with a single-family detached dwelling in accordance with the R-1 District requirements.

[2]

All lawfully created lots in the MR District having an area of at least 3 acres but less than 5 acres since June 27, 1974, and all lawfully created lots in the R-5 District having an area of at least 3 acres but less than 5 acres, shall be permitted to be developed with a single-family detached dwelling in accordance with the following requirements, provided that Footnotes [9], [11] and [12] hereinbelow shall apply:

[2A]

All lawfully created lots in the MR District existing prior to June 27, 1974, having an area of at least 5 acres but less than 10 acres shall be permitted to be developed with a single-family detached dwelling in accordance with the R-5 District requirements.

[3]

All lawfully existing detached single-family dwellings located in the MR District situated on lawfully existing lots having an area of at least 5 acres but less than 10 acres shall meet the requirements specified in this chapter for detached single-family dwellings in the R-5 District.

[4]

All lawfully existing detached single-family dwellings located in either the MR District or the R-5 District situated on lawfully existing lots having an area of at least 3 acres but less than 5 acres shall meet the requirements specified in Footnote [2] hereinabove.

[5]

All lawfully existing detached single-family dwellings located in either the MR District or the R-5 District situated on lawfully existing lots having an area of at least 1 acre but less than 3 acres shall meet the requirements specified in this chapter for detached single-family dwellings in the R-1 District.

[6]

All lawfully existing detached single-family dwellings located in the R-2 District situated on lawfully existing lots having an area of at least 1 acre and but less than 2 acres shall meet the requirements specified in this chapter for detached single-family dwellings in the R-1 District.

[7]

Any land within the R-2 District which was within the R-1 District as of August 15, 1998, and which was included in the sanitary sewer service area of the Montgomery Township Wastewater Management Plan as amended through November 13, 1997, may be developed in accordance with the requirements specified in this chapter for detached dwellings in the R-1 District, provided that the proposed lots are served by sanitary sewers, and provided further that all other necessary permits and approvals for construction of a single-family detached dwelling are secured in the usual manner.

[8]

A contiguous land area of at least 43,560 square feet (1 acre) within any existing or proposed lot in the R-1, R-2, R-5 and/or MR Zoning District proposed for the development of a residential dwelling shall meet the following design criteria in order to reasonably ensure that an adequate carrying capacity exists on the lot to locate and support a detached single-family dwelling, its related accessory buildings and structures and, as applicable, any septic system, reserve septic system area and/or potable water well:

[a]

The 43,560 square feet of land shall be contiguous acreage which shall not include any of the following:

[i]

Any freshwater wetlands, wetlands transition areas, 100-year floodplains and/or topographic slopes 15% or greater, except that the following shall be permitted to be located within the required 43,560-square-foot land area:

[aa]

Isolated freshwater wetlands which have been approved for filling by the New Jersey Department of Environmental Protection (NJDEP);

[bb]

Areas exempted as wetlands transition areas as approved by the NJDEP; and/or

[cc]

Insignificant areas of topographic slopes 15% or greater which are permitted to be regraded by the Planning Board or by the Zoning Board of Adjustment, as the case may be;

[ii]

Any land exhibiting the Bowmansville, Cokesbury, Croton, Elkton, Fluvaquents, Lamington, Parsippany, Parsippany Variant, Urban Land or Watchung soils;

[iii]

Any land on the subject residential lot utilized for a detention or retention basin; and

[iv]

Any land within a stream corridor designated in accordance with the regulations of Montgomery Township and/or the regulations of the Delaware Raritan Canal Commission (DRCC).

[b]

The 43,560 square feet of land shall be appropriately situated for the location and construction of the detached single-family dwelling, its related accessory buildings and structures and, as applicable, the primary septic system, the reserve septic system area and/or the potable water well serving the lot.

[c]

Additionally, the 43,560 square feet of land shall be shaped to permit the inscription of either a rectangle with 1 dimension of at least 125 feet and at least 30,000 square feet in area, or a circle with a diameter of at least 200 feet (the circle will be approximately 31,400 square feet) within its bounds.

[d]

Should a landowner be unable to provide the required land area in accordance with the provisions noted hereinabove, the landowner may apply to the Planning Board for a waiver of the required design criteria and shall provide the following information to the Board supporting the waiver request and justifying that sufficient carrying capacity exists on the subject lot for the location and construction of a detached single-family dwelling, its related accessory buildings and structures and, as applicable, the primary septic system, the reserve septic system area and/or the potable water well serving the lot; the information shall be shown on a plan prepared by a New Jersey licensed professional engineer at a scale not greater than 1 inch equals 50 feet (1" = 50'):

[i]

The location and extent of any of the environmentally critical factors noted in Subsection [8] [a] of this footnote hereinabove;

[ii]

The location and maximum footprint of the proposed single-family detached dwelling and any detached garage;

[iii]

The location of the approved septic system, reserve septic system and/or potable water well;

[iv]

The maximum limits of any clearing or disturbance of the site; and

[v]

A fee of $1,000 for the review of the submitted information by the Board's professional consultants.

[9]

Special provisions for lots in either the R-1 or R-2 District abutting either Route 206 (Van Horne Road), a service road, a major collector road, a scenic collector road or a minor collector road, with or without driveway access to said road:

[a]

For lots abutting Route 206 in the R-2 District, the following minimum provisions shall apply:

Lot area (acres)

3

Lot frontage* (feet)

250

Lot width (feet)

250

Lot depth* (feet)

400

Front yard setback* (feet)

200

* Along or from Route 206.

[b]

For lots abutting a service road, a major collector road or a scenic collector road, the following minimum provisions shall apply:

Lot Area (acres)

3 1/2

3

2 1/2

2

Lot frontage* (feet)

275

250

225

200

Lot width (feet)

275

250

225

200

Lot depth* (feet)

450

400

350

300

Front yard setback* (feet)

125

125

125

125

* Along or from the service road, major collector road or scenic collector road.

[c]

For lots abutting a minor collector road, the following minimum provisions shall apply:

Lot Area (acres)

3

2 1/2

2

1 1/2

Lot frontage* (feet)

250

225

200

175

Lot width (feet)

250

225

200

175

Lot depth* (feet)

400

350

300

250

Front yard setback* (feet)

100

100

100

100

* Along or from the minor collector road.

[d]

These provisions (Footnote [9]) are not applicable to existing lots in the R-1 or R-2 District with existing single-family detached dwellings situated thereon, nor are these provisions applicable to any existing vacant lot which abuts Route 206, a service road, a major collector road, a scenic collector road or a minor collector road and is undersized compared to the requirements specified herein, provided said lot has previously been approved by the Montgomery Township Planning Board or Zoning Board of Adjustment since June 27, 1974. Moreover, there are no special lot size and dimension requirements for any lot fronting or abutting residential boulevards, rural collectors, suburban locals, rural locals or alleys.

[e]

Diagrammatic example of Footnote [9] using the R-1 District with a major collector road intersecting a suburban local road:

[10]

These minimum requirements shall not apply to underground sprinkler systems.

[11]

There shall be no minimum separation requirement between a swimming pool and a principal dwelling.

[12]

Intentionally omitted.

[13]

An additional 4% lot coverage is permitted on a lot less than two acres in area for a private residential in-ground swimming pool, including all buildings, structures and equipment appurtenant thereto, provided that stormwater management best management practices (BMPs) are constructed and maintained on the lot to address stormwater quantity impacts for minor developments, or stormwater quantity, quality, and/or groundwater recharge impacts for major developments, in accordance with Subsection 16-5.2. The specific BMP designs shall be subject to the review and approval of the Township Engineer. BMPs shall be installed prior to the construction of the additional lot coverage unless otherwise approved by the Township Engineer. In any case, the BMPs shall be constructed prior to issuance of a certificate of approval or certificate of occupancy for the proposed development. easements or deed restrictions to insure the BMPs are retained and maintained may be required. Additionally, the fencing around the pool shall have its finished side facing adjacent properties, and, if opaque, landscaping shall be provided and maintained on the outside of the fenced area as approved by the Township Landscape Architect.