Peapack Gladstone City Zoning Code
§ 23-39.1
RE Rural Estate Zone and RR-5 Rural Residential Zone.
[Ord. No. 751 § 27-2.1; Ord. No. 780 § 3; Ord. No. 805 § 2; Ord. No. 876A § 2; Ord. No. 1015-2015 §§ 1, 2; Ord. No. 1031-2016]
a.
Purposes. The purposes of these zones are to:
1.
Protect the natural and estate character of this area of the Borough from the adverse impacts of development.
2.
Preserve the rural character of the environs of the Borough and the beauty of the area so as to lessen the effect of artificially imposed development.
3.
Foster long term social, economic, aesthetic and environmental interests of the people of the Borough.
4.
Provide an equitable, understandable development mechanism that establishes clearly definable goals and balances the public interest with the distinct economic (backed) expectations of persons owning property in those zones, through the encouragement of development of compatible land uses.
b.
Principal Permitted Uses.
1.
Single-family detached dwellings.
2.
Agricultural, horticultural, silvicultural and equestrian uses.
3.
Municipally owned and operated buildings, structures and land used for public purposes.
4.
An Age-Restricted Residential Housing Community, only where indicated on the Zoning Map and in accordance with the requirements specified in subsection 23-39.9 of this section.
c.
Accessory Uses.
1.
Uses and structures which are both customary and incidental to one (1) of the foregoing principal uses, including but not limited to, personal recreation facilities, private garages, off-street parking, toolsheds, stables and equine, agricultural and horticultural structures.
2.
Home offices.
3.
Sale of agricultural, horticultural and silvicultural products grown at the site.
4.
Barns, silos and other agricultural and horticultural structures used in connection with agricultural and horticultural uses.
5.
Dwellings for caretakers and guests, subject to the following conditions:
(a)
Lot size must be six (6) acres or more.
(b)
No such dwelling may be developed on a lot not containing a principal residence.
(c)
Maximum floor area - 2,000 square feet.
(d)
Occupancy by and as a single housekeeping unit, only.
(e)
Occupancy as to guests shall be limited to temporary and completely gratuitous occupancy by social guests of the owner of the principal residence.
(f)
Occupancy by caretakers shall be limited to occupancy by a single housekeeping unit, at least one (1) of whose members provides substantial services in the principal residence or on the subject property, and occupancy of the dwelling is provided by the owner of the property solely in exchange of such services. Such services may include repair and maintenance of the building and grounds, security services and personal services rendered to occupants of the principal residence, such as, the services of a chauffeur, domestic, social secretary, and the like.
(g)
Sanitary disposal facilities for a dwelling for guests and caretakers shall be approved by the Board of Health of the Borough of Peapack and Gladstone.
6.
Boarders, in principal residence only.
d.
Conditional Uses.
1.
Home occupations.
2.
(Reserved)
3.
(Reserved)
4.
(Reserved)
5.
Private recreation facility.
6.
(Reserved)
7.
Wireless communication antennas on wireless communication towers on lands within the "RE" Rural Estate zone only, and only on lands within the "RE" zone with an existing grade at least five hundred (500) feet above sea level, in accordance with the conditions, standards and limitations specified in subsection 23-40.15 of this chapter.
e.
Density, Area and Bulk Requirements.
1.
Maximum Tract Density: .1 unit per acre in the RE zone; .2 units per acre in the RR-5 zone. Rounding shall not apply. Accessory dwellings for caretakers and guests shall not be included in the computation of tract density.
2.
Minimum Lot Size: 5 acres in the RE zone; 3 acres in the RR-5 zone.
3.
Minimum Setback from Any Property Line: 50 feet, except for frontage along a public ROW, the setback shall be 100 feet.
4.
Minimum Road Frontage: 50 feet unless access is provided via a common driveway. Lots utilizing common drives for access shall not be required to have frontage on an improved public street.
5.
Maximum Height: 35 feet.
6.
Access: Access may be provided by existing public streets, common driveways serving not more than four (4) principal dwelling units or by rural lanes serving not more than ten (10) principal dwelling units.
7.
Maximum Lot Size: 25 acres in the RE zone; 15 acres in the RR-5 zone.
[Ord. No. 1031-2016]
f.
Conservation Easements and Deed Restrictions.
1.
The maximum number of lots shall be determined by the density calculation. Where the tract's development potential has been fully utilized, deed restrictions against further subdivision in violation of the density calculation shall be required as to those lots which are capable of further subdivision.
2.
Environmentally sensitive lands regulated by DEP shall be protected by conservation easements.
3.
Farm roads and accessways used for agricultural or horticultural purposes shall be exempt from conservation easements. Conservation easements shall except waivers, transition averaging mechanisms, and other exceptions permitted by regulation or ruling of the New Jersey Department of Environmental Protection or the U.S. Soil Conservation Service.
g.
Pre-existing Nonconforming Lots. Any lot legally in existence prior to adoption of this chapter and in excess of five (5) acres may be developed with a single-family home without the necessity of a variance. This applies whether or not adjoining property is in common ownership.