Stafford Township City Zoning Code
§ 211-20
Residential Zone R-4.
The following shall apply in the Residential Zone (R-4):
A.
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
Detached single-family dwellings.
(2)
[1](Reserved)[2]
[1]
Editor's Note: Former Subsections A(3) and (4), which immediately followed this subsection and which provided for essential services and government uses as permitted uses, were repealed 5-18-1993 by Ord. No. 93-31.
[2]
Editor's Note: Former Subsection A(2), dealing with attached dwellings, was repealed 8-2-1994 by Ord. No. 94-57.
(3)
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-45]
(4)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(5)
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B.
Required accessory uses shall be as follows:
(1)
Off-street parking.
C.
Permitted accessory uses shall be as follows:
(1)
Private swimming pools.
(2)
Private recreational buildings, clubs and activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs or fraternal organizations, provided that the same are clearly accessory or incidental to a permitted use and are not of a commercial character or nature.
D.
Permitted signs shall be as follows:
(1)
(Reserved)
E.
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-45, was repealed 4-2-2002 by Ord. No. 2002-21.
(2)
Planned retirement communities in accordance with the requirements of § 211-35I and Subsection G below.
[Added 8-2-1994 by Ord. No. 94-57]
F.
Area, yard and building requirements for detached single-family dwellings shall be as follows:
(1)
The minimum lot area shall be 10,000 square feet. No residential dwelling unit in the R-4 Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.
[Amended 6-18-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-2003 by Ord. No. 2003-25]
(2)
The minimum lot width shall be 90 feet.
(3)
The minimum lot depth shall be 100 feet.
(4)
The minimum front yard setback shall be 25 feet.
(5)
The minimum side yard setback shall be 15 feet.
(6)
The minimum combined side yard setback shall be 30 feet.
(7)
The minimum year yard setback shall be 30 feet.
(8)
The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified elsewhere herein.
(9)
The maximum building height shall be 35 feet.
(10)
The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 50%. However, the maximum impervious surface coverage allowed shall increase to 55% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11)
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
G.
Planned retirement communities may be permitted in the R-4 Zone, provided that the following conditions are met:
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 8-2-1994 by Ord. No. 94-57]
(1)
A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older as contained in the Fair Housing Act, as amended in 1988.[4]
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2)
The minimum area of a planned retirement community shall be 40 contiguous acres; provided, however, that an area of less than 40 acres may be added to an existing planned retirement community if contiguous thereto and otherwise in compliance with the provisions of this chapter.
(3)
The planned retirement community will be serviced by public sewer and water facilities.
(4)
There shall not be more than three dwelling units per gross acre of the planned retirement community.
H.
The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:
[Amended 8-2-1994 by Ord. No. 94-57]
(1)
Detached single-family dwellings.
(2)
Two- to four-unit dwellings.
(3)
Clubhouse/community buildings
(4)
Fire stations.
(5)
First aid stations.
(6)
Essential services.
I.
Required accessory uses in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
Off-street parking.
(2)
On-site refuse disposal and recycling facilities.
J.
Permitted accessory uses in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, shuffleboard courts and picnic grounds.
(2)
Buildings and structures for the maintenance or administration of the Planned Residential Community.
(3)
Attached or detached garages and carports.
(4)
Fences and walls.
(5)
Gatehouses.
K.
Permitted signs in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.
(2)
One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.
(3)
Only one freestanding sign per street frontage shall be permitted.
(4)
All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:
(a)
Maximum area: four square feet.
(b)
Maximum area per side: two square feet.
(c)
Maximum height: 10 feet.
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback: six feet.
L.
Minimum area, yard and building requirements for a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.
(2)
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.
(3)
Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
(a)
The minimum lot area shall be 6,000 square feet.
(b)
The minimum lot width shall be 60 feet.
(c)
The minimum lot frontage shall be 40 feet.
(d)
The minimum lot depth shall be 85 feet.
(e)
The minimum front yard setback shall be 25 feet.
(f)
The minimum rear yard setback shall be 30 feet.
(g)
The minimum side yard setback shall be eight feet.
(h)
The minimum combined side yard setback shall be 20 feet.
(i)
The maximum percent of building lot coverage shall be 50%. The maximum percent of impervious surface coverage on any lot shall be 60%. However, the maximum impervious surface coverage allowed shall increase to 65% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Added 3-20-2007 by Ord. No. 2007-34]
(j)
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
(4)
Minimum requirements for two-, three- and four-family dwellings shall be as follows:
(a)
The minimum lot area shall be 5,500 square feet per dwelling unit.
(b)
The minimum front yard setback shall be 25 feet.
(c)
The minimum rear yard setback shall be 30 feet.
(d)
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(5)
Building height shall be as follows:
(a)
No building or structure utilized for residential use shall exceed 25 feet in height, except that in those eases where lot area is 7,000 square feet or greater, maximum building height shall be 35 feet. No building or structure utilized for residential use shall contain more than two usable floor levels measured vertically at any point in the building above grade.
[Amended 2-4-2003 by Ord. No. 2003-08]
(b)
The maximum height of any nonresidential building or structure shall be 35 feet.
M.
Open space and recreation in planned retirement communities shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
A minimum of 25% of the tract area of a planned retirement community shall be designated for open space and active and passive recreation for the residents of the PRC, provided that the Planning Board, in its sole discretion, may grant a reduction in the amount of required common open space based upon the following guidelines:
(a)
The Planning Board may reduce the amount of required open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The developer shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.
(2)
In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total open space required. However, in no case shall such reduction result in the amount of open space and recreation being less than 15% of the tract area of the PRC, based upon the following criteria:
(a)
The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents.
(b)
The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.
(3)
Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as open space. However, bodies of water located within the tract may be counted as open space.
(4)
All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.
(5)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.
N.
Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1)
Off-street parking spaces for dwelling units shall be provided in accordance with § 130-81.
[Amended 6-24-1997 by Ord. No. 97-50]
(2)
A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.
(3)
All other uses, in accordance with § 130-81 of the Stafford Township Code.
O.
Improvements. Unless otherwise specified in this section, all public and private on- and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.
[Added 8-2-1994 by Ord. No. 94-57]
P.
Streets.
[Added 8-2-1994 by Ord. No. 94-57]
(1)
With the exception of streets and roadways designated as public roadways pursuant to the Circulation Plan Element of the Master Plan, streets and roadways within any planned retirement community may be accepted as public roadways, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated collector roadways, provided that:
(a)
Access to the lot is to be via a local street;
(b)
The required lot depth and required setback from the Master Plan designated collector roadway are each increased by a minimum of 20 feet; and
(c)
Direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument.
(2)
The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.
Q.
Maintenance and ownership of common property and improvements in a planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
[Added 8-2-1994 by Ord. No. 94-57]
R.
Use of Pinelands development credits to increase density.
[Amended 8-2-1994 by Ord. No. 94-57]
(1)
An owner or developer in the R-4 Zone may be permitted an increase in density within a planned retirement community, provided that application is made to the Stafford Township Planning Board for a conditional use permit and the following standards and criteria can be met:
(a)
An increase in the density of residential development involving the use of Pinelands development credits shall only be authorized on final site plan or subdivision approval, provided that sanitary sewers are or will be made available to the subject property as part of the conditional use permit, subdivision and/or site plan application.
(b)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 211-9D(4) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 7-3-2001 by Ord. No. 2001-45]
(c)
A density of one residential unit shall be yielded for each twenty-five hundredths (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed a gross density of six dwelling units per acre.
(d)
Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land.
(e)
Except as provided in Subsection R(1)(b) above, no development involving the use of Pinelands development credits shall be carried out until the developer has provided the Township with jurisdiction over the parcel of land from which the Pinelands development credits were obtained and has provided the Planning Board of Stafford Township and the Commission with evidence of recordation of a restriction on the deed to the land from which development credits were obtained.
(2)
Area, yard, buildings and density requirements within a planned retirement community. For development in accordance with this section within a planned retirement community, the following requirements shall apply:
(a)
The maximum gross density of the planned retirement community shall not exceed six dwelling units per acre.
(b)
The minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
[1]
The minimum lot area shall be 5,500 square feet.
[2]
The minimum lot width shall be 55 feet.
[3]
The minimum lot frontage shall be 40 feet.
[4]
The minimum lot depth shall be 85 feet.
[5]
The minimum front yard setback shall be 25 feet.
[6]
The minimum rear yard setback shall be 25 feet.
[7]
The minimum side yard setback shall be seven feet.
[8]
The minimum combined side yard setback shall be 15 feet.
(c)
The minimum requirements for two- , three- and four-family dwellings shall be as follows:
[1]
The minimum lot area shall be 4,500 square feet per dwelling unit.
[2]
The minimum front yard setback shall be 25 feet.
[3]
The minimum rear yard setback shall be 30 feet.
[4]
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(d)
Building height shall be as follows:
[1]
No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.
[2]
The maximum height of any nonresidential building or structure shall be 35 feet.
(3)
Area, yard and bulk regulations shall be as currently specified in this section, except that, where an approved and functioning sanitary sewage collection system is not available, the minimum lot size shall be one acre, provided that the septic system meets the water quality standards set forth in § 211-9G(8). In the event that a property owner has secured a waiver from the Pinelands Commission which permits the use of a septic system on less than one acre, the same shall be accepted by the Township.
