Plumsted City Zoning Code
§ 15-4.3
RA-2 Rural Agricultural Zone.
[Ord. #95-17 § 13; Ord. #2002-11, § 3]
a.
Permitted Uses.
1.
Agriculture.
2.
Detached single family dwellings.
3.
Farmettes in accordance with the requirements set forth in Subsection 15-4.1a3.
4.
Lot Averaging. In recognition of the need to provide alternative development techniques to preserve farmland and open space so as to protect the rural character of the Township, lot averaging, as set forth in this subsection may be permitted in accordance with the following:
(a)
Minimum tract size: 20 acres.
(b)
Minimum lot size: One acre.
(c)
Maximum lot size: (for purposes of calculating average lot size): Three acres.
(d)
Average lot size: Two acres.
(e)
Minimum lot width: 150 feet.
(f)
Minimum lot frontage: 100 feet.
(g)
Minimum front yard setback: 60 feet.
(h)
Minimum rear yard setback: 40 feet.
(i)
Minimum side yard setback: 20 feet.
(j)
The principal use of all lots created pursuant to this subsection shall be for detached single family residences.
5.
Clustering (Farmland Preservation Bonus). In order to encourage and promote the preservation of large contiguous areas of mature upland forest area and farmland, and protect the rural character of the Township yet allow for compatible residential development, clustering of residential lots may be permitted in accordance with the following:
(a)
Minimum tract size: 50 acres.
(b)
Maximum number of detached single family building lots to be based upon the following formula:
Maximum number of building lots | = | number of base building lots | + | number of bonus building lots |
(1)
The "number of base building lots" shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[1] The "yield map" shall depict the location of wetlands regulated pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be outside of such regulated wetlands and have direct access to a proposed street.
(2)
The number of "bonus building lots" shall be determined in accordance with the following formula:
Number of bonus building lots | = | Acres of contiguous non-wetlands farmland and/or mature forest area to be preserved and/or restricted to agricultural use over 25 acres | x 1.0 |
(d)
Areas of mature upland forest proposed to be preserved shall be restricted via perpetual easement in a form approved by the planning board attorney, subject to the exceptions set forth in this subsection.
(e)
Farmland to be preserved shall be deed restricted in perpetuity to agricultural use except as otherwise provided in this subsection.
(f)
The following standards shall apply to lands proposed to be preserved, conserved or otherwise remain in perpetual open space under the cluster (farmland preservation bonus) development alternative:
(1)
All on-site lands to be deed restricted for agricultural use or subject conservation easement shall be sized and situated to the maximum extent practicable to give due consideration to the presence of mature forest and agricultural lands on adjoining properties so as to promote the preservation of large contiguous areas of mature forest and/or farmland.
(2)
The planning board shall determine that the size, natural capabilities, location configuration and historical use of areas to be deed restricted for farmland afford a realistic opportunity for such use.
(3)
No area to be deed restricted for agricultural use shall contain less than 25 contiguous acres.
(g)
Notwithstanding the provisions of this subsection, a lot created for the preservation of farmland and/or mature forest may contain one detached single family dwelling, providing however, such dwelling shall be included in the calculation of the maximum number of building lots permitted.
(h)
Further restriction, approved as to form by the planning board attorney, shall be placed on all lots subject to conservation easement or deed restricted for agricultural use as provided in this subsection prohibiting further subdivision of the lot unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection.
(i)
Notwithstanding the provisions of Subsection 15-4.3a5(h) further subdivision of a lot created pursuant to this subsection and subject to a conservation easement or deed restriction for agricultural use shall be permitted subject to the following:
(1)
Not more than three additional building lots to be utilized for detached single family residents shall be permitted.
(2)
The reservation of the right to such future subdivision shall have been declared at the time of approval of the cluster (farmland preservation bonus) development alternative and the right to the specified number of future lots is reflected in the deed to such property.
(3)
The number of building lots reserved for future subdivision shall be included in the count of the maximum number of building lots permitted pursuant to Subsection 15-4.3a5(b).
(5)
In calculating the maximum number of building lots permitted and number of bonus building lots earned, appropriate area reductions shall be made for any building lots so reserved.
(6)
The area of any previously reserved lot created by further subdivision shall not exceed 40,000 square feet.
(7)
Any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall require subdivision approval by the planning board.
(8)
The lots created by any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall be located so as not to adversely impact, or be adversely impacted by, the use of any of the agricultural uses of the remainder of the property.
(9)
Nothing herein shall prohibit the further subdivision of a lot deed restricted for agricultural use provided said subdivision is for agricultural purposes and said restriction is continued in the deeds of all lots created.
6.
Cluster (Reduced Lot Size) Development. In accordance with the regulations of this subsection, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, farmland and mature forest areas compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.
(a)
Required findings by planning board. Prior to granting approval of any cluster (reduced lot size) development, the planning board must find that:
(1)
The proposal will produce economy in layout and design.
(2)
The open space created by the proposal promotes active recreation (including golf courses) or serves to preserve farmland or mature upland forest areas.
(3)
The methods and arrangements proposed by the developer are adequate to assure the viability and permanence of the maintenance of the proposed open space for its intended use.
(4)
The proposal is consistent with the intent, purposes, goals and objectives of the master plan.
(b)
Minimum tract size: 20 acres.
(c)
The maximum number of detached single family building lots shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[4] The "yield map" shall depict the location of wetlands regulated pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be located outside of such regulated wetlands and shall have direct access to a proposed street.
(d)
Area, yard and setback requirements. As required in the "Schedule of Area, Yard and Building Requirements" of the R-40 Zone.1
(e)
Open space requirements. The following requirements shall be applicable to open space created pursuant to this subsection:
(1)
A minimum of 45 percent of the tract shall be set aside for open space.
(2)
Open space shall, to the maximum extent practicable, be in large contiguous areas situated to give due consideration to the presence of mature forest and agricultural lands on adjoining properties.
(3)
No area less than 50 feet in width or less than five contiguous acres shall be considered open space for the purposes of determining compliance with the open space requirement of this subsection.
(4)
Golf courses shall be considered open space for the purposes of this subsection.
(5)
All lots created under the provisions of this subsection shall be deed restricted whereby further subdivision of the lot is expressly prohibited unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection. The deed restriction shall be binding upon the successors and assigns in title and to the benefit of, and enforceable by the Township of Plumsted.
7.
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
8.
Golf courses.
9.
Family day care home.
10.
(Reserved)
11.
Essential services.
b.
Accessory Uses and Buildings.
1.
Private garage, tool shed.
2.
Professional offices in residence as defined herein.
3.
Home occupation as defined herein.
4.
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the same parcel as the principal use.
5.
Roadside stands in connection with a farm operation, for the purpose of display and sale of farm products.