Sparta Township City Zoning Code
§ 18-4.14
RC-1 Rural Conservation Residential Zone.
[Ord. No. 9-8-98 § III; Ord. No. 02-20 § 10; Ord. No. 04-04 §§ 6 — 8, 17; Ord. No. 07-08 § 7]
a.
Purpose. This zone is designed ultimately for detached single-family residential use placed on large lots to protect the groundwater aquifer which is located under the zone. The purpose of the zone is to provide for an appropriate residential use at an appropriate density in a residential zone. The purpose of this zone is also to protect the environmental quality of the water in the groundwater under the property and in the area of the property. The potential for groundwater contamination by septic systems, groundwater recharge facilities, storm water discharge, homeowner sources, and other activities are to be carefully considered in the establishment of the density for this district.
e.
Required Conditions.
1.
Height. The height of the principal structure shall not exceed 2 1/2 stories and 38 feet in height as defined in the chapter.
2.
Front Yard. There shall be a front yard of not less than 150 feet.
3.
Side Yard. There shall be two side yards, each of which shall be a minimum of 50 feet.
4.
Rear Yard. There shall be a rear yard of at least 100 feet.
5.
Minimum Lot Area. The minimum lot area for each lot shall be five acres. However, the minimum lot area of the RC-1 Rural Conservation/Residential Zone shall be applied to a subdivision application deemed complete by the administrative officer prior to November 2, 1988, and coming for review before the Planning Board during March, 1989, at the time of the adoption of an ordinance amending the RC-2 zone standards and zone district map. The RR minimum lot standards shall be applied for purposes of a hearing and decision on such applications provided the applications were actively pursued by the applicant and reached a decision prior to October 1, 1989. Any such applications which were approved pursuant to this subsection shall receive the benefits of the effective preliminary approval as set forth in N.J.S.A. 40:55D-49, but any new applications shall be subject to the RC-2 Rural Conservation Residential standards.
6.
Land Coverage. The maximum land areas to be covered by all impervious surfaces shall not exceed 5% of the total site area.
7.
Existing Lots Platted or Approved Prior to August 11, 1998 with Less Than five Acres. Existing lots platted or approved prior to August 11, 1998 which are less than the five acre minimum lot size may be used for a new single family residential structure or an expansion of an existing residential structure in accordance with the standards of the former RC-1 zone which are as follows:
(a)
Height. The height of the principal structure shall not exceed 2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 150 feet.
(c)
Side Yard. There shall be two side yards, each of which shall be a minimum of 50 feet.
(d)
Rear Yard. There shall be a rear yard of at least 100 feet.
(e)
Minimum Lot Area. The minimum lot area for each lot shall be the actual size of the pre-existing lot but not less than two acres.
(f)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
f.
Environmental Constraints Cluster Option. Land within this Rural Conservation Residential District may be subdivided in a cluster subdivision in accordance with the following requirements: the total number of lots within the subdivision shall be determined by dividing the total acreage by five acres per lot. This total number of lots may be then subdivided within the total tract in accordance with the following net residential site reduction standards provided that the balance of the tract is retained in perpetual open space by either a homeowners association in accordance with the standards set forth in Subsection 18-5.4, or dedicated to the Township of Sparta for open space, conservation, recreation and/or public school purposes consistent with the Master Plan. The net size of the residential sites may be reduced as follows and in accordance with the standards set forth in Subsection 18-5.6.
1.
Least Restricted. One unit per two acres.
2.
Moderately Restricted. One unit per three acres.
3.
Severely Restricted. One unit per five acres.
4.
Newly Created Lot or Subdivision Lot. Any newly created lot or subdivided lot in a major or minor subdivision shall be at least five acres. The five acre lot may be clustered, however, in accordance with this subsection.
5.
Minimum Residential Site Size. Minimum residential site size within any cluster development under this subsection shall be two acres of least restricted land. Constraint calculations shall not be required where the proposed residential site to be created is five acres or more.
6.
Open Space or Public Dedication. No residential site shall be greater than five acres. All land not included in the net residential sites shall be dedicated to the public or preserved in open space pursuant to Subsection 18-5.4. If net residential sites are created which are less than five acres, the open space or public lands dedication for said clustered net residential site shall be equal to or greater than five acres minus the size of the net residential site.
7.
Contiguity of Open Space/Public Dedication. Not less than 40% of the gross acreage of the tract shall be reserved for permanent common open space. All open space areas and/or public dedication areas (open space areas) shall be contiguous with the subdivision. All open space areas shall have access from a public street and frontage of at least 100 feet on a public street. The open space shall abut at least 50% of the side or rear of the net residential sites. At least 5% of the open space land shall be least restricted and moderately restricted land.
8.
The open space shall be planned and designed to provide for interconnection to nearby or adjacent public land and planned or possible future open space as per the Master Plan.
9.
Required Conditions. The following requirements shall be complied with in the environmental constraints cluster option:
(a)
Height. The height of the principal structure shall not exceed 2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 75 feet.
(c)
Side Yard. There shall be two side yards, each of which shall have a minimum of 30 feet.
(d)
Rear Yard. There shall be a rear yard of at least 75 feet.
(e)
Minimum Lot Area. The minimum lot area for determination of total development density within any minor or major subdivision shall be five acres for each lot.
(f)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. For example, a sample calculation for a three acre lot would be as follows:
(g)
Minimum Frontage. Minimum frontage at the right-of-way line shall be 135 feet.
(h)
Minimum Width. Minimum width of the building line shall be 175 feet. Minimum frontage at the turn around at the end of a cul-de-sac shall be 100 feet. The minimum width of the building line of a cul-de-sac shall be 150 feet.
g.
Incentive Cluster Option. As an additional incentive to Affordable Housing Trust Fund contributions and public open space dedication within the zone, an applicant for a major subdivision may apply for approval from the Planning Board of an incentive cluster subdivision. The maximum number of lots within the incentive cluster subdivision may be increased from the total acreage of the property divided by five acres to add an additional 0.3 residential site for each five acre portion of the tract, so that there are 1.3 residential sites for every five acres of gross land area, provided that the applicant meets the following requirements:
1.
Open Space Dedication. The open space of the cluster subdivision shall include at least 15% of the lands which are not least restricted and which are dedicated to the Township of Sparta for open space, recreation, public use, or conservation purposes as determined appropriate by the Township Council of the Township of Sparta.
2.
Housing Trust Fund and Developer's Agreement. As a condition of preliminary subdivision approval and prior to commencing site work and/or prior to final subdivision approval, the applicant shall enter into a developer's agreement with the Township of Sparta. The developer's agreement shall provide that the applicant shall contribute 6% of the gross sales price of each of the additional residential sites or residences created by the incentive cluster to the Sparta Township Housing Trust Fund. This 6% contribution shall be made for each residential site created in addition to the one residential site per five acres. The Housing Trust Fund contributions shall be paid prior to transfer of any deed of conveyance and prior to the issuance of any building permit on said additional lots. The Housing Trust Fund shall be contributed to and utilized in accordance with the requirements of the Housing Trust Fund. As an additional incentive to Affordable Housing Trust Fund contributions and public open space dedication within a zone, an applicant for a major subdivision may apply for approval from the Planning Board of an incentive cluster subdivision event if it does not yield any additional lots. However, if the applicant elects to utilize the incentive cluster option but does not obtain one or more incentive lots, then said applicant shall pay to the Township 6% of the gross sales price for one house and lot in the first one to five lots and a 6% payment for one of each of the five lots and houses beyond the first five lots. The total contribution to the Housing Trust Fund shall be based on the value of the land and the new structures.
3.
Required Standards for Incentive Cluster. The minimum residential site size shall be one acre or 43,560 square feet without central potable water, 35,000 square feet with central potable water.
(a)
Minimum Lot. Thirty-five thousand square feet.
(b)
Minimum Front Yard. Fifty feet.
(c)
Minimum Side Yard. Twenty feet for one side yard. The total of two side yards shall not be less than 50 feet.
(d)
Minimum Rear Yard. Sixty feet.
(e)
Minimum Lot Frontage. One hundred feet.
(f)
Minimum Lot Width at Building Setback Line. One hundred-thirty feet.
(g)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
(h)
Maximum Stories/Height. The height of a principal structure shall not exceed 2 1/2 stories and 38 feet in height as defined in the chapter.