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Warren City Zoning Code

§ 16-12.6

Permitted Modifications.

[Ord. No. 93-24; Ord. No. 97-16 § 3]
a. 
Variable Lot Size Provisions. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that lots may have areas of not less than 15,000 square feet each and a width of not less than 100 feet if sufficient of the remainder of the lots are increased in area so that the average lot size will be not less than 20,000 square feet. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography of the land comprised in the subdivision and determine that such variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites than would a uniform lot size.
The subdivider shall submit a plat map showing the development according to the requirements of the R-20(V) district as shown in the Schedule referenced in Section 16-8, and another plat map showing the development as modified in accordance with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 20,000 square feet per lot with a width of less than 100 feet.
b. 
Open Space Cluster Provision. In order to preserve and protect natural woodlands and waterways to encourage preservation of open space area(s) to future residents concurrent with development, and to advance the objections of the Master Plan of Warren Township, modification may be permitted. The lot area and minimum lot width as required in the Schedule referenced in Section 16-8, may be reduced provided all of the following requirements are met.
1. 
Each lot permitted under this subsection shall meet all of the following requirements:
(a) 
The minimum lot area shall be 15,000 square feet.
(b) 
The minimum lot width of an interior lot shall be 85 feet.
(c) 
The minimum lot width of a corner lot shall be 100 feet.
(d) 
Yard and building requirements for lot(s) created by this subsection shall be the same as the R-10(AH) zone as set forth in the Schedule referenced in subsection 16-6.17 Schedule A and further provided that the FAR of 0.125 shall apply to all lots.
2. 
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-20(V) district as provided in the Schedule referenced in and with this subsection. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 20,000 square feet per lot with a width of not less than 100 feet.
3. 
Open space. If lands are proposed to be dedicated to the Township or a home owners' association, the Planning Board shall condition final approval upon acceptance of such land by the Township Committee or establishment of a home owners' association as the case may be.
All open space areas of the tract may, if approved by the Township Committee, be dedicated and conveyed by the owner to the Township for public use in fee simple.
4. 
Application review. The Planning Board shall review the plat utilizing modified lot design standards and thereafter decide upon the submission. The Board shall base its decision upon the modified lot design plat proposal with regard to the following:
(a) 
Whether the proposal conforms to the comprehensive plan of the Township;
(b) 
Whether the proposal furthers the intent and spirit of the adopted open space plan of the Township; and
(c) 
Whether the proposal complies with the intent and purpose of the modified lot design provision as described.
The Planning Board shall not be compelled to approve a proposal for modified size development if in its discretion, (i) the proposal does not further the orderly development of the area, (ii) the proposed open space is not consistent with the comprehensive plan for development, or (iii) no provision is made for parks, conservation, preservation of natural drainage systems in the Township.