Plumsted City Zoning Code
§ 15-4.1
RA-5 Rural Agricultural Zone.
[Ord. #95-17, § 11; Ord. 1995-21, § 2; Ord. #2001-08, §§ 2—4; Ord. #2002-11, § 1; Ord. #2007-01, § II]
a.
Purpose.
1.
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
2.
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
3.
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
4.
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences.
5.
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the municipality's Conservation Element to the Plumsted Township Master Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
6.
To implement adopted land use, transportation, and community policies, as identified in the municipality's Master Plan;
7.
To protect areas of the municipality with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
8.
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
9.
To provide for the conservation and maintenance of open land within the municipality to achieve the above-mentioned goals and for active or passive recreational use by residents;
10.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);
11.
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
12.
To conserve scenic views and elements of the municipality's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
b.
Conservation Design. In order to achieve these purposes, this zone provides for flexibility in designing new development in the RA-5 Rural Agricultural District by allowing two forms of "by-right" development referred to as "options," as summarized below:
1.
Option One: Neutral Density and Basic Conservation, providing for residential uses at the density permitted by the underlying RA-5 zoning district. Greenway lands shall comprise at least half the tract. The flexibly-designed layouts work well with either individual wells and septic systems located on the property or in the common open space.
2.
Option Two: Country Properties, providing for very low densities appropriate to rural situations, with flexible and reduced design standards in instances where a permanent deed restriction is offered to maintain such uses.
Option 1 Neutral Density/Basic Conservation | Option 2 Country Properties or Farmette | |
|---|---|---|
Density | 5 acres/du | 10 acres/du |
Lot Size Maximum with Minimum Lot Width | 3.5 acres 300 feet | NA 300 feet |
Lot Size Average with Minimum Lot Width | 2.5 acres 250 feet | 10 acres 300 feet |
Lot Size Minimum with Minimum Lot Width | 1 acre 100 feet | 6 acres 300 feet |
Minimum Open Space | 50% | No Common Open Space, but Deed Restriction to ensure no further subdivision of the site |
3.
Applicability.
(a)
Tracts of 20 acres or greater must choose one of the two Conservation Design options for subdivisions.
(b)
On tracts smaller than 20 acres, while the underlying zoning applies, the Conservation Options are strongly encouraged to preserve Primary and Secondary Conservation Areas, and to place conservation easements on lots.
4.
Development Densities, Dimensional Standards, and Required Greenway Land Standards for Option 1: Neutral Density and Basic Conservation.
(b)
Minimum Required Greenway Land: The subdivision must include at least 50 percent of the gross tract area as greenway land. Greenway land shall not be counted toward minimum lot size nor used in any way for residential lots.
(c)
Minimum lot area: one acre.
(d)
Minimum lot width at building setback: 100 feet.
(e)
Minimum street frontage: 45 feet.
(g)
Maximum total impervious coverage: 25 percent limit on each lot.
(h)
Maximum height regulations: 35 feet, or 2 1/2 stories.
(i)
Permitted uses: Detached single family dwellings.
(j)
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.
(k)
Conditional Uses.
(1)
(Reserved)
(3)
Communications Towers.
(i)
Communication towers are permitted within the RA-5 Zone as a conditional use contingent upon compliance with the following criteria:
[a]
Minimum lot size: five acres
[b]
Minimum lot width: 300 feet
[c]
Minimum lot depth: 300 feet
[d]
Minimum yard setback:
Front: 200 feet, or 100 percent of the highest point of the tower, including all attached appurtenances; whichever is greater.
Side: 100 percent of the highest point of the tower, including all attached appurtenances.
Rear: 150 feet or 100 percent of the highest point of the tower, including all attached appurtenances; whichever is greater.
[e]
Accessory buildings are permitted, if less than 500 square feet, and 15 feet in height, however, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use of the operation of the communication tower, and they are buffered and screened from view to such an extent that they are not visible from the roadway or the adjacent property lines.
[f]
Communication towers are considered a primary use and cannot be erected in conjunction with any other nonagricultural primary building or structure on the property.
[g]
Installation of any tower, pole, or communication device in excess of 35 feet requires site plan approval.
[h]
To the greatest extent possible, all construction on the lot should be located in such a manner as to permit the maximum distance, as well as the maximum buffer and screening to adjacent residential uses.
(ii)
No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure.
5.
Density Determination for Option 1: Yield Plan Approach. Determination of density, or maximum number of permitted dwelling units, shall be based upon a Yield Plan. Yield Plans shall meet the following requirements:
(a)
Yield Plans must be prepared as conceptual layout plans in accordance with the standards of the Land Subdivision Ordinance, containing proposed lots, streets, rights-of-way, and other pertinent features. It must be drawn to scale and drawn on a sealed survey prepared by a licensed New Jersey land surveyor. It must be a realistic layout reflecting a development pattern that could actually be built, after delineating and accounting for presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal. The Yield Plan must accommodate lots with one acre of upland and buildable land.
(b)
The following dimensional standards shall be used in the development of Yield Plans for Option 1 subdivisions.
Standard: Option 1
Minimum lot area: 217,800 sf. (5 acres)
Minimum lot width: 300 feet
Front yard setback: 80 feet; 100 feet on a major road
Rear yard setback: 50 feet
Side yard setback: 50 feet
The Yield Plan must identify the sites primary and secondary resources, as identified in the Existing Resources/Site Analysis Plan (required in the Land Subdivision Ordinance), and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance, by allocating this area to proposed single family dwelling lots which conform to the density factor of the chosen option.
(c)
Design Standards for Option 1.
(1)
Building lots shall not encroach upon Primary and Secondary Conservation Areas as defined in Chapter 15;
(2)
All new dwellings shall meet the following setback requirements:
(i)
From all major road ROW — 80 feet; 60 feet on local roads
(ii)
From all other tract boundaries — 50 feet
(iii)
From cropland or pastureland — 100 feet
(iv)
From permanently preserved farmland — 300 feet
(v)
From buildings or barnyards housing livestock — 300 feet
(vi)
From active recreation areas such as courts or playing fields — 150 feet
(3)
Views of buildings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Land Subdivision Ordinance.
(4)
Buildings shall generally be accessed from interior streets, rather than from roads bordering the tract.
(5)
At least three-fourths of the dwellings shall directly abut greenway land, either by having rear or side yards abut the greenway land, or by having it directly across a street.
(6)
Standards pertaining to the ownership and maintenance of the greenway land.
6.
Standards for Option 2: Country Properties.
(a)
Minimum lot size: 6 acres
(b)
Minimum lot width at building line: 300 feet
(c)
Yard setback requirements:
(1)
Front setback: 150 feet from the ROW of existing municipal roads, but 40 feet from the ROW of new subdivision streets, country lanes, or common driveways (Where applicable).
(2)
Rear setback: 50 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory buildings with a ground floor area exceeding 500 SF shall conform to the setback requirements for principal structures).
(3)
Side setback: 25 feet.
(4)
Maximum total impervious coverage: 4 percent limit on each lot.
(5)
Maximum height regulations: 35 feet or two and one-half stories.
(7)
Up to three lots may share a common driveway.
(8)
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
(9)
Conditional Uses. See Subsection 15-4.1b4(k).
c.
For tracts under 20 acres, the underlying permitted uses and standards apply:
1.
Permitted Uses.
(a)
Agriculture.
(b)
Detached single family dwellings.
(c)
Farmettes. 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, farmettes shall be permitted in accordance with the following requirements:
(1)
Minimum lot area: Six acres.
(2)
Minimum front yard setback: 100 feet.
(3)
Minimum rear yard setback: 100 feet.
(4)
Minimum side yard setback: 50 feet.
(5)
Minimum combined side yard setback: 100 feet.
(6)
Flag lots shall be permitted provided the minimum lot frontage shall be 25 feet.
(7)
Not less than 50 percent of farmettes shall have a minimum lot frontage of 250 feet and a minimum lot width of 300 feet.
(8)
Maximum driveway length (distance from paved public street to dwelling): 750 feet.
(9)
Driveway specifications (driveways over 150 feet in length):
(i)
Minimum width: 18 feet.
(ii)
Surfacing requirements: All weather surface capable of accommodating emergency vehicles of a minimum weight of 28,000 pounds.
(iii)
Driveways serving as access to more than one lot shall be subject to cross access easements approved by the planning board.
(iv)
All driveways shall include a paved apron extending a minimum of ten feet from the edge of pavement of the existing roadway.
(v)
Minimum vertical clearance: 14 feet.
(11)
Any new street created to exclusively serve farmettes shall qualify for a reduction in the Township's improvement standards to the following minimums:
(12)
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.
(13)
The planning board, at its sole option, may consider waiver and/or reductions in other improvements and/or standards deemed appropriate.
(d)
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:
(1)
Minimum tract size: 25 acres.
(2)
Minimum lot size: Two and five tenths acres.
(3)
Maximum lot size: (for purposes of calculating average lot size): Seven and five tenths acres.
(4)
Average lot size: Five acres.
(5)
Minimum lot width: 200 feet.
(6)
Minimum lot frontage: 100 feet.
(7)
Minimum front yard setback: 80 feet.
(8)
Minimum rear yard setback: 50 feet.
(9)
Minimum side yard setback: 50 feet.
(10)
The principal use of all lots created pursuant to this subsection shall be for detached single family residences.
(e)
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:
(1)
Minimum tract size: 50 acres.
(2)
Maximum number of detached single family buildings lots to be based upon following formula:
Maximum number of building lots | = | number of base building lots | + | number of bonus building lots |
(i)
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-5 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 N.J. 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 shall have direct access to a proposed street.
(ii)
The number of "bonus building lots: shall be determined in accordance with the following formula:
Maximum number of 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.5 |
(3)
Area, yard and building requirements: As required in the "Schedule of Area, Yard and Building Requirements" for the R-40 Zone.
(4)
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.
(5)
Farmland to be preserved shall be deed restricted in perpetuity to agricultural use except as otherwise provided in this subsection.
(6)
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:
(i)
All on-site lands to be deed restricted for agricultural use or subject to a 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.
(ii)
The planning board shall determine that the size, natural capabilities, location, configuration and historical use of areas to be deed restricted for agricultural use afford realistic opportunity for such continued use.
(iii)
No area to be deed restricted for agricultural use shall contain less than 25 contiguous acres.
(7)
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, provided however, such dwelling shall be included in the calculation of the maximum number of building lots permitted.
(8)
Further restriction, approved as of to form by the planning board attorney, shall be placed on all lands subject to a conservation easement or deed restriction 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.
(9)
Notwithstanding the provisions of Subsection 15-4.1c1(e)(8) 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:
(i)
Not more than three additional building lots to be utilized for detached single family residents shall be permitted.
(ii)
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.
(iii)
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 15-4.1c1(e)(2).
(v)
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.
(vi)
The area of any previously reserved lot created by further subdivision shall not exceed 40,000 square feet.
(vii)
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.
(viii)
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.
(ix)
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.
(f)
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.
(1)
Required findings by planning board. Prior to granting approval of any cluster (reduced lot size) development, the planning board must find that:
(i)
The proposal will produce economy in layout and design.
(ii)
The open space created by the proposal promotes active recreation (including golf courses) or serves to preserve farmland or mature upland forest areas.
(iii)
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.
(iv)
The proposal is consistent with the intent, purposes, goals and objectives of the master plan.
(2)
Minimum tract size: 6 acres.
(3)
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-5 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[3] 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.
(4)
Area, yard and setback requirements. As required in the "Schedule of Area, Yard and Building Requirements" for the R-40 zone.
(5)
Open space requirements. The following requirements shall be applicable to open space created pursuant to this subsection:
(i)
A minimum of 45 percent of the tract shall be set aside for open space.
(ii)
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.
(iii)
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.
(iv)
Golf courses shall be considered open space for the purposes of this subsection.
(v)
All lots created under the provisions of this subsection shall be deed restricted whereby further subdivision of the lot is expressly prohibited, except for agricultural purposes, 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.
(g)
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
(h)
Golf courses.
(i)
Family day care home.
(j)
(Reserved)
(k)
Essential services.
2.
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
3.
Conditional Uses. See Subsection 15-4.1b4(k).