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Warren City Zoning Code

§ 16-9.6

Permitted Modifications.

[Ord. No. 93-24; Ord. No. 01-25 § 2]
a. 
Variable Lot Size Provision. In a subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent lots may have areas of not less than 65,340 square feet each, a width of not less than 200 feet, the total of both side yards shall be at least 75 feet (no side yard shall be less than 25 feet), and further provided that the average lot size will be not less than six acres. The Planning Board, in passing on such plats, shall consider the physical and structural characteristics including topography, floodplain, wetland and I-78 environmental impacts on the land included in the subdivision and determine that such variation in lot size will provide a superior layout of the subdivision and a better use of the land for building sites than would be obtained from a uniform lot size. The subdivider shall submit a map showing the development according to the requirements of the EP-250 district, as shown in Section 16-8, and another 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 six acres per lot with a width of 150 feet.
b. 
Open Space Provision. In order to preserve and protect natural woodlands, waterways and further to provide open space area(s) to future residents concurrent with development, modifications may be permitted. The lot area and minimum lot width as required in the Schedule contained 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) 
Not less than six acres or 60% of the total area of the tract, whichever is more, shall be either dedicated to Warren Township or to a homeowners association as per N.J.S. 40:55D-43 to be held as open space.
(b) 
The minimum lot area shall be 65,340 square feet.
(c) 
The minimum lot width of any lot shall be 200 feet.
(d) 
The minimum total of both side yards shall be 75 feet (no side yard shall be less than 25 feet).
2. 
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the EP-250 District as provided 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 six acres per lot with a width of not less than 150 feet.
3. 
Open space. When lands are proposed to be dedicated to the Township or homeowners association, the Planning Board shall condition final approval upon acceptance of such land by the Township Committee or establishment of a homeowners association as the case may be. Open space may also be established through deed restricted conservation easement, or similar instrument, to Warren Township or similar instrument.
All open space areas of the tract may be dedicated and conveyed by the owner to the Township for public use in fee simple subject to acceptance by Township Committee.
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 does comply with the intent and purpose of the lot design provision as described.
The Planning Board shall not be compelled to approve a proposal for open space/cluster development if in its discretion the proposal does not further the orderly development of the area and the proposed open space does not relate to the comprehensive plan for development and provision of parks, conservation, preservation of natural features and natural drainage systems in the Township.