Vineland City Zoning Code
§ 425-279
R-5 Residential Zone standards.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The purpose of the R-5 Zone is to implement the Master Plan recommendation for a low-density suburban/rural transition area from the City center suburbs to the City greenbelt. The R-5 Zone provides an area for development of low-density single-family detached housing. Farms will continue to be permitted, and farmland preservation as part of the low-density residential area is encouraged and supported by the City. Residential cluster development and lot size averaging will be permitted at the City's option, provided that the total number of dwellings is equivalent to the number of dwellings allowed by a conventional layout. Cluster development and lot size averaging will only be allowed where the lots are served by sewer and public water and the reduction in lot size is offset by open space preservation and protection of the environment.
C.
Accessory uses. Accessory uses within the R-5 Residential Zone shall be as follows:
[Amended 4-14-2020 by Ord. No. 2020-15]
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Private garage, 1,000 square feet maximum, for a single-family dwelling.
(3)
One storage shed, 300 square feet maximum, for a single-family dwelling.
(4)
Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.
(5)
Commercial production greenhouse for a farm.
(6)
Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.
F.
Residential cluster in the R-5 Zone. Residential cluster design within the R-5 Zone may better advance the intent and purpose of the City Master Plan for the protection of the environment and the conservation of open space, provided that the overall intensity of the cluster does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-5 Zone on a contiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space. The Planning Board may approve a residential cluster where it determines that the intent and purpose of the City Master Plan is better served by the cluster design and that the development meets the requisite standards and criteria for the residential cluster option.
(1)
Cluster option. Cluster development may be permitted at the option of the City Planning Board as an alternative to conventional development. The Planning Board may permit the cluster option where the applicant demonstrates that, compared to a conventional layout, the cluster design will benefit the community in the following ways: by conserving natural resources; by preserving open spaces; by better protecting areas that are particularly susceptible to erosion and sediment loss; by reducing impervious surfaces; by better protecting natural drainage features and vegetation; by minimizing land disturbance from clearing and grading; by minimizing soil compaction; by reducing the use of stormwater management basins; by promoting the use of vegetated open-channel drainage systems that discharge into and through stable vegetated areas; and by reducing the need for additional infrastructure. For purposes of evaluating the cluster option, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The Planning Board shall compare the benefit of the cluster subdivision plan to the conventional subdivision plan by considering the following factors: reduction in the total area of land disturbance; reduction in the total area of impervious coverage; reduction in the total length of new streets; reduction in the construction of new structural drainage facilities; and the preservation of trees and woodland.
(a)
Required location. A residential cluster of single-family dwellings shall be located on contiguous land in the R-5 Zone, with the single-family dwellings located to enable the preservation of common or public open space.
(b)
Minimum total land area required. The minimum total land area required for development as a residential cluster is 50 acres. At least 65% of the total minimum land area requirement for a residential cluster shall be unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easements for utilities or drainage; rights-of-way; surface waters. Land that is already permanently protected from development as open space or as farmland through a conservation easement or other means cannot be used to satisfy the minimum area requirement.
(c)
Maximum permitted number of dwelling units. The residential cluster shall not yield a greater number of dwelling units than would result from the development of the land as a fully conforming conventional subdivision of single-family lots. For purposes of determining the maximum number of dwellings permitted under the residential cluster alternative, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers or exceptions from the City development regulations. The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster.
(d)
Public sewer and public water required. The dwelling units of a residential cluster must be served by public sewer and public water.
(e)
Minimum area and bulk standards for residential lots. The number of dwellings shown on the accepted lot yield map of a conforming subdivision shall be the maximum number of residential lots permitted in the residential cluster. The residential cluster lots shall otherwise conform to the area, yard and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for conventional one-family development in the R-4 Residential Zone.[1]
[1]
Editor's Note: The zoning schedules are included at the end of this chapter.
(f)
Open space design requirements. The cluster design for open space shall be arranged to preserve land as public or common open space in accordance with the following criteria.
[1]
A minimum of 50% of the gross land area of the cluster shall be preserved as common or public open space. If the residential cluster includes an existing farm, the continued use of preserved open space as a farm may be permitted, subject to Planning Board acceptance of a continued farm operation as part of the overall cluster design.
[2]
All areas to be preserved as public or as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.
[3]
The minimum land area required to be preserved as common or public open space shall be land that is not already preserved as open space or preserved as farmland.
[4]
The area proposed as common or public open space shall be suitable for enjoyment and use as open space. The Planning Board may require that the applicant submit a Phase I and, if deemed necessary, a Phase II environmental report. The Planning Board may withhold approval of any area that it deems unsuitable as open space.
[5]
At least 65% of the minimum land area required to be preserved as common or public open space shall be land unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easement areas for utilities or drainage; rights-of-way; surface waters.
[6]
Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the open space requirements. In its sole discretion, the Planning Board may permit retention basins for the permanent storage of water runoff within the open space areas, provided such basins are integrated into the site as an aesthetic feature of the open space landscape to enhance the visual environment. In its sole discretion, the Planning Board may also permit the integration of nonstructural stormwater management strategies, such as vegetated open-channel drainage systems, into the open space landscape design. Not more than 10% of the minimum required open space area may be features such as wet ponds, retention basins, and vegetated open-channel drainage systems.
[7]
Any common or public open space area shall be at least 10 acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet unless the Planning Board determines that the proposed open space area is contiguous with and/or expands or extends an existing common open space or a public open space; or that the proposed open space is contiguous with a land area in other ownership that has been permanently preserved as open space or as farmland pursuant to a federal, state, county or City open space acquisition or farmland preservation program. In such cases, or for other reasons that would advance the public interest, the Planning Board may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.
[8]
An open space lot shall have a minimum road frontage of at least 200 feet.
(g)
Common open space ownership. The developer shall provide a plan for the use, ownership and maintenance of any common open space in a residential cluster. The plan is subject to Planning Board review and approval. The ownership plan shall be submitted with the preliminary application for development and shall identify the existing and proposed ownership of all proposed open space areas. The City, at its option and in its sole discretion, or other governmental agency approved by the City, at any time and from time to time, may accept the dedication of land or any interest therein for public use and maintenance, but the City shall not require as a condition of the approval of a residential cluster that land proposed to be set aside for common open space be dedicated or made available to public use. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a residential cluster if the open space is not dedicated to the municipality or other governmental agency. The type of ownership of land dedicated for common open space purposes shall be selected by the applicant, subject to the approval of the Planning Board.
(h)
Homeowners' association. If the common open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:
[1]
The homeowners' association must be established before the sale of any residential unit.
[2]
Membership shall be mandatory for each buyer and any successive buyer.
[3]
The open space restrictions shall be permanent.
[4]
The association shall be responsible for liability insurance, local taxes, and the maintenance and replacement of recreational and other facilities.
[5]
Homeowners shall pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.
[6]
The association must be able to adjust the assessment to meet changed needs.
(i)
Maintenance of open space areas. In the event that a nonmunicipal organization with the responsibility for the common open space fails to maintain it in reasonable order and condition, then the City Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.
(j)
Use and improvement of common open space for active recreation. The Planning Board may approve the installation of recreational facilities suitable to the development, such as playgrounds, play fields, parks or similar outdoor recreation facilities, on the common open space. Such facilities shall be conveniently located and accessible to all dwelling units and should follow the following guidelines:
[1]
One active recreation area should be provided for each 300 persons or 75 children of projected population. Such areas should not be less than four acres.
[2]
For developments of more than 300 persons, active recreation or park space should be provided at the rate of 10.25 acres per 1,000 population.
(k)
Undeveloped common open space. Undeveloped common open space should be left in its natural state. A developer may, however, make limited improvements for the installation of utilities, necessary grading, and the provision of paths and trails. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; reforestation of disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.
(l)
Deed restrictions. Any lands dedicated for common open space purposes shall contain covenants and deed restrictions approved by the City Attorney that ensure that:
[1]
The open space area will not be further subdivided in the future.
[2]
The use of the open space will continue in perpetuity for the purpose specified.
[3]
Appropriate provisions are made for the maintenance of the open space.
[4]
The open space shall not be utilized for any commercial purpose. The Planning Board may, however, approve the use of open space as farmland or pastureland as part of the residential cluster design.
(m)
Prior to the approval of the residential cluster, the Planning Board shall make a finding of facts and conclusions as required by N.J.S.A. 40:55D-45.
(2)
The residential cluster in the R-5 Zone may be developed as age-restricted housing at the City's option. An age-restricted residential cluster shall meet the requirements for a residential cluster in the R-5 Zone, subject to the following requirements and modifications.
(a)
The frontage for the age-restricted residential cluster and the access to the development shall be provided from a road classified as an arterial road by the City Master Plan.
(b)
The maximum permitted number of dwelling units in the age-restricted residential cluster shall not exceed the number of dwelling units permitted for a residential cluster, unless the age-restricted residential cluster provides for the on-site construction of affordable housing.
(c)
If the age-restricted development provides affordable housing, then one additional market-rate age-restricted unit will be permitted for every affordable unit provided. At the City's option, the City may accept a payment in lieu of construction of the affordable housing on site. The payment in lieu shall be in an amount as provided by the City's affordable housing regulations.
(d)
The density of the development, including the additional units permitted to provide the affordable housing, shall not exceed a maximum of three dwelling units per acre.
(e)
The age-restricted residential cluster may be constructed as single-family dwelling units or as townhouse units, or as a combination of such unit types, in accordance with the standards of the R-1 Zone District.
(f)
The Planning Board may reduce the minimum common or public open space requirement of the cluster to 25% of the gross land area of the cluster in order to accommodate the increased number of dwelling units permitted to be developed on site.
(g)
If the zoning on a site has changed subsequent to December 17, 2007, the number of units permitted for the purpose of calculating the additional number of units shall be the higher of the current number of units permitted or the number of units permitted on December 17, 2007.
G.
Lot size averaging in the R-5 Zone. In its sole discretion and at its option, the Planning Board may permit lot size averaging in the R-5 Zone. The purpose of this subsection is to provide an alternative design technique for conventional development to promote the goals of the Master Plan. The overall planning for a tract may better advance the intent and purpose of the Master Plan to protect the environment and conserve open space if flexibility in the design of a major subdivision is permitted. The goals and objectives included in the Master Plan for maintaining large, contiguous open areas may be better addressed if some modification of the minimum lot size requirement in conventional development is allowed, provided the maximum number of lots that would result from a conforming conventional development is not exceeded.
(1)
Lot size averaging is permitted in the R-5 Zone District in a major subdivision of a contiguous tract of land that is 15 acres or greater in area.
(2)
Any development proposed for lot size averaging shall be served by public sewer and public water.
(3)
Building area requirements.
(a)
Lots shall conform to the requirements of the R-5 Zone as established in the area, yard and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-5 Residential Zone, except that the minimum lot area required may be reduced as indicated below.
R-5 Zone District Requirements for Lot Size Averaging | |||
|---|---|---|---|
Minimum Permissible Lot Size (square feet) | Average Lot Size (square feet) | ||
Inside | Corner | ||
16,500 | 18,000 | 40,000 | |
(b)
Within the R-5 Zone, the Planning Board may approve the varying of lot areas and dimensions and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-5 Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with the minimum permissible lot size for lot size averaging, and further provided that no dimension, yard, setback or other dimensional requirement shall be less than the minimum requirements of the R-4 Zone.[2]
[2]
Editor's Note: The Zoning Schedules are included at the end of this chapter.
(4)
Maximum permitted number of lots. The use of lot size averaging in a subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted lot yield map shall be the maximum number of lots permitted for subdivision under lot size averaging.
(5)
Design criteria. Lot size averaging may be permitted where the Planning Board determines that the resource conservation and/or farmland preservation goals and objectives of the Master Plan are better served by the lot-size-averaging plan than by the conventional plan for development. The applicant shall demonstrate to the Planning Board that the lot-size-averaging plan is clearly preferable to the conventional plan with respect to one or more of the following factors: stream corridor protection, agricultural retention, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.
(6)
Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging, provided that the average lot area in the development shall be at least the conventional lot size required for the R-5 Zone, and further provided that the total number of lots shall be no greater than the maximum permitted number of lots established in accordance with the approved lot yield map.
(7)
Deed restrictions. Each lot that is part of a lot-averaging plan shall be permanently deed restricted from any future subdivision of that lot. When only a portion of a tract is to be developed in a lot-averaging plan, deed restrictions against further subdivision shall be required for the portion of the tract devoted to the lot-averaging plan.