Washington Township Morris County
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Lot, Height and Yard Regulations
§ 217-31 Lot regulations.
A.
Preexisting lot of record. Notwithstanding any of the provisions of this chapter, any existing lot in a residential zone under separate ownership and not adjoining any other land owned by the owner of said lot shall be considered a conforming lot under this chapter, provided that setback and yard requirements shall be in accordance with this chapter for any new development, except that new development on a residential lot that does not conform to the minimum lot area for the zone in which it is located shall conform to the area, yard and building requirements found at § 217-108.1.
[Amended 10-16-2023 by Ord. No. 10-23]
B.
Existing structure on a right-of-way. Where there is an existing structure on a lot which has no frontage on a street, alterations may be made to said structure without the approval of the Zoning Board of Adjustment, provided that the structure, including the proposed alterations, is in conformity with the requirements of this chapter in all respects, except those pertaining to frontage on a street.
C.
Lot width. On all lots, the minimum lot width shall be measured at the building front yard setback line. In addition, for lots which narrow toward the rear, the lot's shape shall be sufficient to include a circle of a diameter equal to the minimum lot width. The location of the circle shall be in an area suitable for building purposes and shall contain the proposed dwelling.
[Amended 9-16-1985 by Ord. No. 33-85]
D.
Corner lots. At all street intersections no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines or their extension thereof 30 feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records. On any corner lot, the minimum lot width shall be increased by 25 feet for both potential front yards.
E.
Through lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the minimum front yard requirements of this chapter.
F.
Required area of space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
G.
Frontage upon a street. Every principal building shall be built upon a lot with the minimum lot width fronting upon a street.
§ 217-32 Height regulations.
No building or structure shall have a building height in excess of that permitted in the zone where such building or structure is located except that steeples, spires, belfries and similar appurtenances located on houses of worship may extend to a height of 75 feet, as measured from ground level, inclusive of any cross, star or similar symbol located thereon.
[1]
Editor's Note: Section 2 of this ordinance provided for the following: "Any house of worship constructed prior to the effective date of this ordinance which, on the effective date of this ordinance, exceeds the height limit established by this ordinance shall be exempt from the provisions of this ordinance."
§ 217-33 Yard regulations.
A.
General.
(1)
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, door posts, rainwater leaders, cornices, canopies, eaves, bay windows, stairways and similar ornamental or structural fixtures which may not project more than two feet into such yards.
(2)
Chimneys or flues may be erected within any yard, provided that they do not exceed 15 square feet in aggregate cross-section area.
(3)
On-grade patios or outdoor barbecues may be located in any side or rear yard, provided that they are not closer than five feet to any property line.
(4)
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence shall not obstruct sight distances.
B.
Front yard requirements affected by Official Map or Master Plan. Where any lot fronts on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Township, or in the Master Plan of the Township, or Master Plan of Morris County, or by the State of New Jersey as adopted by the appropriate agency pursuant to law, all minimum required yards shall be measured from such proposed future right-of-way line.
§ 217-34 Improved lot coverage.
A.
Residential uses. The maximum improved lot coverage on each lot shall not be greater than is permitted in the zone where such building and structures are located. "Improved lot coverage" is defined in § 111-46.
[Amended 4-18-2011 by Ord. No. 03-11]
B.
Institutional and conditional uses. The Planning Board shall determine on an individual basis the appropriate floor area ratio (FAR) and maximum improved lot coverage for institutional and conditional uses. In its determination, the Planning Board shall consider similar uses in the zone, surrounding uses, topography, drainage and soil characteristics.
C.
Bonus for decrease in improved lot coverage. In all nonresidential zones, the maximum FAR may be increased by an amount directly proportional to decreases in the maximum improved lot coverage.
§ 217-35 Number of buildings restricted.
[Amended 11-21-1983 by Ord. No. 28-83; amended 4-19-1999 by Ord. No. 5-99; 12-16-2002 by Ord. No. 45-02; 9-17-2007 by Ord. No. 26-07]
A.
Except in the R-MDU, PUD, RCH, RCH-SC, OR/I and OR Zones and as provided herein, there shall not be more than one principal structure on each lot in any zone, except as permitted for planned development.
B.
Within the C-1 Zone, more than one principal building may be permitted; provided, however, that the maximum coverage area of any building on a lot shall not be more than 20,000 square feet.
C.
More than one principal building may be permitted on farmland preserved pursuant to the Agriculture Development and Retention Act, N.J.S.A. 4:1C-11 et seq., provided that the additional principal building(s) is erected on an exclusion area approved by the Morris County Agriculture Development Board (CADB) and the State Agriculture Development Committee (SADC), and further provided that:
(1)
In the case of constructing a new single-family dwelling:
(a)
The total number of dwellings permitted on the preserved farmland lot exclusion area(s) shall not exceed the total number of dwellings approved by the CADB and SADC at the time that the deed of easement preserving the farmland was filed; and
(b)
The total number of dwellings permitted on the preserved farmland lot shall not exceed the number of dwellings that would be permitted for the amount of land on the farm excluded from the development restrictions in the deed of easement preserving the farm.
(2)
In the case of replacing a single-family dwelling, the replacement dwelling shall be limited to replacement of a single-family residential dwelling in existence at the time that the deed of easement preserving the farmland was filed.
§ 217-36 Setbacks from stream corridors and state open waters.
[Amended 2-17-1997 by Ord. No. 3-97; 12-19-2005 by Ord. No. 43-05]
A.
Notwithstanding any other provisions of this chapter, no development shall be permitted adjacent to a C1 or other stream or state open waters except in conformance with Chapter 92, Floodplain Management. In addition, except in connection with subdivisions and site plans as provided in Chapter 175, Subdivision of Land, § 175-47B and Chapter 159, Site Plan Review, § 159-44, or in connection with variance applications, an easement of not less than 25 feet along each side or edge of a C1 or other stream or state open waters shall be dedicated to the Township, in form satisfactory to the Township Attorney, which shall carry the following limitations:
(1)
No trees or shrubs shall be removed or destroyed on lands in the easement except in accordance with approved forest management practices.
(2)
No topsoil, sand, gravel or minerals shall be excavated or removed, except as may be required to build a pond, and then only after the Township Planning Board approves the design and structure of the pond, it being the intent to preserve the natural function of the floodplain.
(3)
No buildings or structures of any description shall be erected.
(4)
No fill of any kind shall be permitted, except as may be required to build a road, and then only after the Planning Board approves the design of such road.
(5)
No fertilizers or pesticides, except for Rodeo, shall be applied.
B.
With regard to existing lawn areas, residents are encouraged to substitute fine fescues (i.e., red fescue, chewings fescue, hard fescue) within the twenty-five-foot zone, as measured from the edge of the bank of the water, in which fertilizers and pesticides are prohibited pursuant to Chapter 85, in place of turf grasses such as Kentucky bluegrass and perennial ryegrass. Fine fescues are low growing and can be left nonmowed or need to be mowed only two or three times per year. Residents are encouraged to maintain wooded buffers along streams and open waters within their properties wherever possible.
§ 217-37 Flag lots.
Flag lots are permitted in the R-5 Zone.
A.
Minimum area required. Area requirements of the interior portion of the lot, exclusive of the flag stem portion, shall conform to the Schedule of Area, Yard and Building Requirements for the R-5 Zone.[2]
[2]
Editor's Note: The Schedule is included at the end of this chapter.
B.
Minimum yard requirements. All minimum yard setbacks for principal buildings shall be 75 feet. All minimum yard setbacks for accessory buildings shall be 25 feet.
C.
Access strip. The access strip into the interior portion of the lot shall be at least 25 feet wide and shall be straight with no bends or curves. The access strip length shall be no more than 800 feet, and on dead-end streets the combined length of the access strip and the distance along the street from the access strip to the beginning of the street shall not exceed the dead-end street lengths listed in Chapter 175, Subdivision of Land, § 175-44G(1). The access strip shall be improved in accordance with requirements and approval of the Superintendent of Public Works as follows:
D.
Other requirements. Each flag lot shall have its own access strip except that two adjoining flag lots may share the same roadway, provided that a total frontage and access strip width shall be at least 50 feet. Except as hereinabove provided, at least twice the minimum lot width at building setback for the zone shall be required between a pair of access strips on the same side of the street.
E.
Flag lots shall not be permitted on a cul-de-sac turnaround.
F.
No structures, septic systems or other obstructions shall be placed wholly or partially in the access strip.
G.
Flag lots in existence as of the effective date of this chapter are to be exempt from the terms hereof and are to be considered as conforming lots.
H.
Shape. The shape of the flag portion of the lot shall be such that a circle with a radius of at least 150 feet can be placed within the lot lines, and the edge of the circle shall be located within 50 feet of the end of the access strip.
I.
Suitability for dwelling. The location of the circle in § 217-37H shall be in an area suitable for building purposes and shall contain the proposed dwelling.
J.
Limitation of the number of flag lots. Flag lots shall be permitted on tracts being subdivided, provided that the applicant for the subdivision can demonstrate to the satisfaction of the Planning Board that:
(1)
The shape, topography, limited or small usable road frontage relative to its total size or other characteristics of the tract make installation of public roads, to avoid the need for any flag lots, impractical.
(2)
Flag lots are necessary to permit the reasonable effective use of the land consistent with its natural characteristics, shape and the applicable zoning.
(3)
The proposed flag lots would not interfere with the traffic circulation plan of the Township.
(4)
The flag lot created can properly serve as a residential lot considering soil types, slope characteristics, vegetation, watercourses, lot configuration, ingress and egress and public safety and environmental concerns.
[1]
Editor's Note: This ordinance also provided that flag lots in existence as of the effective date of this ordinance are to be exempt from the terms hereof and are to be considered as conforming lots, except that the access strips shall be improved as set forth in Chapter 172, Streets and Sidewalks, Article III, Driveway Construction.
§ 217-38 Steep slopes, ridgeline, mountainside, hillside and viewshed protection areas.
[Amended 11-21-1994 by Ord. No. 23-94; 8-21-1995 by Ord. No. 29-95; 10-16-1995 by Ord. No. 37-95; 9-21-1998 by Ord. No. 30-98; 11-16-1998 by Ord. No. 36-1998; 10-15-2001 by Ord. No. 30-01; 4-21-2003 by Ord. No. 15-03; 7-21-2003 by Ord. No. 23-03; 7-18-2005 by 27-05; 9-19-2005 by Ord. No. 36-05; 12-19-2005 by Ord. No. 44-05]
A.
Statement of purpose.
(1)
It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Township that have present within their boundaries topographical conditions, hereinafter defined as "steep slopes areas" and as "ridgeline, mountainside, hillside and viewshed protection areas."
(2)
These special development controls are provided in recognition of the potentially negative impacts of construction in steep slopes areas and in ridgeline, mountainside, hillside and viewshed protection areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff and destruction of unique land forms and scenic vistas. It is further the purpose of this section to encourage good land use planning and design, maximize optimal use of the natural terrain and maintain ridgeline, mountainside, hillside and viewshed protection areas.
(3)
Effective and reasonable application of these regulations will protect the health, safety and welfare of the citizens of the Township.
(4)
This section is further promulgated to provide a functional land use design and control mechanism that will augment the basic land use controls of this chapter and the administrative implementation devices contained within Chapter 159, Site Plan Review, and Chapter 175, Subdivision of Land, respectively.
(5)
The regulation of development within the ridgeline, mountainside, hillside and viewshed protection areas is intended to promote a desirable visual environment through good civic design and arrangements by requiring development to be sited behind existing vegetation and requiring the establishment of vegetated buffers to screen proposed development within ridgeline, mountainside, hillside and viewshed protection areas from public view in accordance with N.J.S.A. 40:55D-2.
(6)
Several purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. will be advanced through this steep slopes areas and ridgeline, mountainside, hillside and viewshed protection areas section, including, without limitation, the following:
(a)
To ensure that the development of individual municipalities does not conflict with the general welfare of neighboring municipalities, the county and state as a whole (N.J.S.A. 40:55D-2d).
(b)
To provide sufficient space in appropriate locations for a variety of residential uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens (N.J.S.A. 40:55D-2g).
(c)
To promote conservation of open space and valuable natural resources in this state and to prevent urban sprawl and degradation of the environment through the improper use of land (N.J.S.A. 40:55D-2j).
(7)
This ridgeline, mountainside, hillside and viewshed protection areas section is designed to respond to the objective of preserving the existing predominantly unspoiled vistas of wooded mountainsides, hillsides, ridgelines and viewsheds within the Township of Washington when viewed from public areas or public open space or the public traveled way.
(8)
ridgeline, mountainside, hillside and viewshed vistas are valued assets of the landscape which require protection from destruction, diminution and loss that can result in visually undesirable impacts of development. The unique mountainous topography of the Township of Washington is characterized by steeply sloped mountainsides and hillsides, which meet wide plateau-like mountaintops. This line where the hillside meets the plateau is perceived to be the ridgeline (top of the mountain) when viewed from the public traveled way or public areas or public open space. While it is acknowledged that development within the ridgeline, mountainside, hillside and viewshed protection areas results in a visual impact, the purpose of this section in certain cases is to prevent such impact and in other cases to minimize the visual impact of permitted development to the extent reasonably achievable.
B.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Township in their existing physical state or condition as of the date of the passage of this section. The requirements of Subsections C, D and E of this § 217-38 shall apply where said properties have a slope area of 15% or greater. The ridgeline requirements of Subsection F shall apply where said properties are within 100 feet of the ridgeline area. In addition, the ridgeline, mountainside, hillside and viewshed protection areas requirements shall apply as more specifically set forth in Subsection F. An applicant shall not be required to comply with the provisions of Subsection F below if it can be clearly demonstrated to the satisfaction of the Planning Board that the proposed activity shall not be inconsistent with the purposes of § 217-38.
C.
Construction control limitations. Disturbance of steep slopes shall be limited to the following based on the indicated slopes:
Slope | Permitted activity | |
|---|---|---|
Less than 15% | All activities permitted | |
15% to less than 20% | All activities, subject to review and approval of individual grading plans per Subsection E below | |
Greater than 20% | No disturbance permitted, except that disturbance shall be permitted in man-made areas greater than 20% |
D.
Exception. The above construction control limitations are not applicable for isolated steep slopes with an area of 1,000 square feet or less.
E.
Lot grading/driveway/drainage plans. For all lots with proposed disturbance of steep slope area, a lot grading/driveway/drainage plan shall be approved by the Township Engineer prior to the issuance of a building permit. Said plans shall be at one inch equals 30 feet. Said plan shall include, but not be limited to, existing and proposed contours, limits of soil disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the Township Engineer, stormwater control measures. A five-hundred-dollar escrow fee deposit shall be paid to the Township for review and inspections of lot grading/driveway/drainage plans. The deposit shall be administered in accordance with the provisions of § 159-53E and F. The design standards for lot grading plans shall be pursuant to the following standards:
(1)
No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot-grading plan approved under the terms of this chapter.
(2)
Proposed disturbance of soil shall be for purposes consistent with the intent of this chapter, and it shall be executed in a manner that will not cause erosion or other unstable conditions.
(3)
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be provided for downstream properties.
(4)
Provision shall be made for any structure or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, guide rails, headwalls and fences.
(5)
Provision shall be made for a safe water supply and for the disposal of sanitary sewage as approved by the Board of Health.
(6)
Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevation and velocities will be allowed due to construction.
(7)
Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(9)
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.
(10)
All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer in order to prevent erosion.
(11)
There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.
(12)
Changes in grade shall not exceed a slope of 3 to 1 unless supported by retaining walls.
[Amended 2-16-2009 by Ord. No. 01-09]
(13)
No retaining wall on a residential site shall exceed six feet in height, and there shall be at least 10 feet between stepped retaining walls. All retaining walls greater than four feet in height require a certification by a professional engineer that the wall was constructed in accordance with approved plans.
F.
Ridgeline, mountainside, hillside and viewshed protection areas requirements.
(1)
Applicability; review of plans; compliance. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits for new buildings. The Planning Board or Zoning Board of Adjustment, as the case may be, shall review all plans submitted under this section as part of any application for site plan, subdivision or variance approval. The Construction Official shall refer applications for building permits for new buildings within the ridgeline, mountainside, hillside and viewshed protection areas to the Township Engineer for review to assure compliance with this section. An applicant shall not be required to comply with the provisions of this Subsection F if it can be clearly demonstrated to the satisfaction of the Planning Board that the proposed activity shall not be inconsistent with the purposes of § 217-38.
(a)
Exempt development. A shed 200 square feet in area or less with a height of 10 feet or less, or an accessory pool involving 2,000 square feet or less of disturbance and clearing, provided that such disturbance or clearing does not involve steep slope disturbance in excess of 1,000 square feet, shall be exempt from the requirements of this section, provided that the shed or pool is installed within required setbacks.
[Added 6-16-2014 by Ord. No. 09-14]
(2)
Purpose. In addition to the purposes as set forth in § 217-38A, the intention and purpose of the ridgeline area protection measures set forth herein is to eliminate the denuding of trees and other vegetation, and the disturbance of land within the defined ridgeline area, except as otherwise specifically permitted under this section. The intention and purpose of the ridgeline, mountainside, hillside and viewshed protection areas measures as set forth herein is to protect the scenic view and vista of vegetated ridgelines, mountainsides, hillsides and viewsheds from the viewing perspective from the public traveled way, public area or public open space.
(3)
Requests for zoning permits and/or building permits.
(a)
Applicants for zoning permits or building permits where no approvals from the Zoning Board of Adjustment or the Planning Board are required shall initially determine whether the ridgeline area depicted on a map entitled "Ridgeline, Mountainside, Hillside and Viewshed Protection Area,"[1] dated October 2005, adopted by this section, is within 100 feet of the property which is the subject of the building permit application and shall depict all ridgeline areas as shown on the map which are on or within 100 feet of applicant's property The determination of the presence of all ridgeline areas above mentioned shall be done on a map provided by the applicant with topography depicted at two-foot contour intervals. All determinations by the applicant concerning the location of ridgelines shall be subject to the review and approval of the Township Engineer. In addition, the applicant shall initially determine and then depict on a map all ridgeline, mountainside, hillside and viewshed protection areas as defined in this section on or within 100 feet of the property which is the subject of the application. The applicant shall utilize a sketch to define the area of protection for ridgeline, mountainside, hillside and viewshed protection areas as set forth in Figure 1. The sketch set forth in Figure 1 below depicts the manner in which buffer treatments are to be retained or provided as may be appropriate to maintain the viewshed area. The maps and sketches abovementioned shall be at a scale of one inch equals 50 feet and shall be provided by the applicant with the topography depicted at two-foot contour intervals. All determinations by the applicant concerning the location of the ridgeline area and the ridgeline, mountainside, hillside and viewshed protection areas shall be subject to review and approval of the Township Engineer and Township Planner.
 |
[1]
Editor's Note: Said map is on file in the Township offices.
(b)
If it is then determined and that the parcel in question is located within the ridgeline, mountainside, hillside and viewshed protection areas, no building permit shall be issued until a ridgeline, mountainside, hillside and viewshed certificate of compliance is procured from the Planning Board. Said certificate of compliance will document that the proposed activity has received the regulatory approval for the construction proposed within the ridgeline, mountainside, hillside, and viewshed protection areas. This certificate of compliance shall be required when applicable as a condition for the issuance of a building permit for the particular structure in question.
(c)
No such certificate of compliance shall be required for an addition to an existing dwelling located within the ridgeline, mountainside, hillside and viewshed protection areas except when such addition shall increase the habitable floor area of a dwelling by more than 25%. Incremental additions occurring after the date of adoption of this section which result in a cumulative increase in habitable floor area of 25% beyond the habitable floor area of the dwelling as of the date of the adoption of this section shall be permitted only when such certificate of compliance has been received. Construction of new accessory structures, such as detached garages, on existing developed lots of record within the ridgeline, mountainside, hillside and viewshed protection areas shall require the issuance of such a certificate of compliance prior to the issuance of a building permit; provided, however, that no certificate of compliance shall be required for a building permit for an accessory structure on an existing lot of record when:
[Amended 6-20-2016 by Ord. No. 09-16]
[1]
The accessory structure is 500 square feet or less in area; and
[2]
The accessory structure is 16 feet or less in height; and
[3]
The Township Engineer or Planner determines that the objectives of § 217-38F are met or are not applicable to the proposed accessory structure development; and
[4]
The review fee as required by § 217-38F(10) has been paid.
(d)
For proposed new development on existing developed lots within the ridgeline, mountainside, hillside and viewshed protection area that is within and adjacent to existing development and exceeds the provisions of § 217-38F(3)(c) above and conforms to applicable zoning standards, an applicant may request, and the Township Engineer may grant, an administrative approval for development within the ridgeline, mountainside, hillside and viewshed protection area without the need for a separate application to the Township Planning Board or Township Board of Adjustment for a certificate of compliance that is otherwise required when:
[Added 11-18-2019 by Ord. No. 13-19]
[1]
The applicant submits an application with sufficient documentation to illustrate and describe the proposed new development to demonstrate to the satisfaction of the Township Engineers that:
[b]
Viewshed mitigation required in § 217-38F(6)(a) through (c), as applicable, is provided; and
[c]
The visual impact of proposed development does not rise to a level of concern such that review by the Township Planning Board or Township Zoning Board of Adjustment is required.
[2]
The review fee for an application under the provisions of this § 217-38F(3)(d) shall be $250. The review fee for a resubmittal of an application under this § 217-38F(3)(d) shall be $150.
[3]
When the Township Engineer determines that review by the Township Planning Board or Township Zoning Board of Adjustment is required, an applicant for proposed development within the ridgeline, mountainside, hillside and viewshed protection area shall be subject to the application procedures and requirements for a certificate of compliance in accordance with the provisions of § 217-38F(4) below.
(4)
Applications to the Planning Board or Zoning Board of Adjustment.
(a)
Applicants to the Planning Board or Zoning Board of Adjustment shall initially determine whether the ridgeline area depicted on the map entitled "Ridgeline, Mountainside, Hillside and Viewshed Protection Area," dated October 2005, adopted by this section, is within 100 feet of the property which is the subject of the application and shall depict all ridgeline areas as shown on said map which are on or within 100 feet of applicant's property. In addition, the applicant shall initially determine and then depict on a map all ridgeline, mountainside, hillside and viewshed protection areas as defined in this section on or within 100 feet of the property, which is the subject of the application. The applicant shall utilize a sketch to define the area of protection for ridgelines, mountainsides, hillsides and viewshed protection areas as set forth in Figure 1.
(b)
The maps and sketches above mentioned shall be at a scale of one inch equals 50 feet and shall be provided by the applicant with the topography depicted at two-foot contour intervals. All determinations by the applicant concerning the location of the ridgeline area and the ridgeline, mountainside, hillside and viewshed protection areas shall be subject to review and approval of the Township Engineer and Township Planner.
(5)
Standards of review. Applicants for construction on properties to which this section applies shall demonstrate to the satisfaction of the reviewing board or Township Engineer, as the case may be, that the proposed buildings or structures will not extend above the predominant tree line along the ridgeline area. No structure that is the subject of this section shall be located within 60 feet of the ridgeline area, as determined by the Township Engineer, unless, in the reviewing board's or Township Engineer's opinion, as the case may be, such requirements would render an existing lot unusable, in which case the reviewing board or Township Engineer, as the case may be, may permit the minimum encroachment necessary to prevent the rendering of the existing lot unusable. In such a case, the reviewing board or Township Engineer, as the case may be, may recommend the issuance and the Zoning Officer may issue a zoning permit for an existing lot of record which does not meet the requirements of this section upon his determination that no suitable conforming location is available. There shall be no disturbance within this sixty-foot area except for access driveways. Snow fencing or other similar methods of tree protection approved by the Township Engineer shall be placed at the edge of this sixty-foot protection area during construction.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(6)
Applicants for construction within ridgeline, mountainside, hillside and viewshed protection areas.
(a)
Applicants for construction within ridgeline, mountainside, hillside and viewshed protection areas as depicted on the map submitted by the applicant as set forth above and approved or confirmed by the Township Engineer and Township Planner shall demonstrate to the satisfaction of the reviewing board and Township Engineer and Township Planner, as the case may be, that all construction within the ridgeline, mountainside, hillside and viewshed protection areas shall maintain the view of vegetated hills as viewed from the public traveled way or public areas or public open space.
(b)
Views of ridgeline, mountainside, hillside and viewshed protection areas are to be protected permanently by screening development from view behind existing woodland and forest vegetation or through the establishment of landscaped buffer plantings of indigenous deciduous and coniferous trees.
(c)
Development constructed within ridgeline, mountainside, hillside and viewshed protection areas shall utilize materials which are designed to camouflage the appearance of the structure within the landscape and viewscape. The use of earth tone colors and textures on roofing and siding shall be required to protect ridgeline, mountainside, hillside and viewshed protection areas vistas and reinforce the integrity of these views. In addition, building heights shall be adjusted, road network oriented in such a way to eliminate visibility from the public traveled way or preserved areas and other innovative and flexible design and construction methodologies employed as required by the appropriate board with the active participation of the applicant.
(7)
Existing undeveloped parcels of land within the ridgeline, mountainside, hillside and viewshed protection areas shall be required to comply with the design standards set forth above.
(8)
Development should be sited behind and below visual buffers such as trees, ridgelines and other topographic features. The height and location of development shall not alter the views of, and from, the natural ridgeline.
(9)
Development shall be located and designed to preserve views of cultural/historic landmarks and of unique geographic and topographic features identified in the Conservation Plan Element and Historic Preservation Plan Element of the Washington Township Master Plan.
(10)
There shall be a review fee of $500 per lot in addition to any other applicable fees, for any application for development of a property subject to this § 217-38F, except that the review fee shall be $250 per lot for accessory sheds 200 square feet or less and 16 feet in height or less.
[Amended 11-18-2019 by Ord. No. 13-19]
§ 217-39 Minimum lot requirements where public water and sewer are not proposed.
[Added 2-15-1988 by Ord. No. 3-88; amended 10-15-2001 by Ord. No. 32-01]
Where connection to public water and a public sanitary sewer system are not proposed, no lot in a residential zone shall be created after the effective date of this section which does not meet the bulk requirements of the R-1/R-2 Zone or the zone in which they are actually located, whichever is greater.
§ 217-39.1 Resource conservation calculations.
[Added 7-18-2005 by Ord. No. 27-05; amended 9-19-2005 by Ord. No. 36-05]
This section shall be used to compute the total area of a tract that is suitable for development after subtracting identified resource conservation areas. This section is to be used to determine the maximum number of residential lots that may be created on a tract of land and will assist the board in guiding, to the greatest extent practicable, all development activities to suitable area(s) of the tract.
A.
Applicability. The calculations required in Subsection B below shall be submitted as part of any conceptual subdivision plan for informal subdivision review and/or any minor or major subdivision or site plan application.
B.
Resource conservation factors - maximum tract yield. The Maximum Tract Yield Calculation Form shall be prepared by the applicant and submitted to the Board, along with a map of the entire tract illustrating natural resource identifying features, including floodplains, wetlands, NJDEP-required wetlands transition areas, stream channels, stream corridors, areas of slopes greater than 15%, but less than 20%, and areas of slopes 20% and greater.
[Amended 7-17-2006 by Ord. No. 15-06; 2-15-2010 by Ord. No. 05-10]
Resource Conservation Area Maximum Tract Yield Calculation Form | ||||
|---|---|---|---|---|
Column A | Column B | Column C | ||
Acres | Resource Conservation Ratio | Acres | ||
1. | Gross tract area | |||
2. | Area of existing conservation easements | |||
3. | Adjusted gross tract area (Line 1 less Line 2) | |||
Resource conservation areas: see Notes (a) and (b) | ||||
4. | Bodies of water, area of floodplains, wetlands, stream corridors | 1 | ||
5. | Area of slopes 20% and greater based on two-foot contour intervals | 1 | ||
6. | Area of slopes greater than 15% but less than 20% based on two-foot contour intervals | 0.75 | ||
7. | NJDEP-required wetlands transition areas | 0.75 | ||
8. | Area of three-hundred-foot buffer to Category 1 waters | 1 | ||
9. | Highlands special resource protection area | 0.5 | ||
10. | Total deductible resource conservation area (sum of Lines 4 through 9) | |||
11. | Net site area adjusted for resource conservation areas (Line 3 less Line 10) | |||
12. | Maximum number of residential lots | 1 dwelling unit/200,000 square feet | ||
13. | Maximum permitted number of residential lots [Line 11 multiplied by Line 12 - see note (c) & (d)] | |||
NOTES: | |
|---|---|
(a) | Enter appropriate acreage in Column A, multiply Column A by factor in Column B and place result in Column C. |
(b) | When resource conservation areas overlap, enter the affected acreage on the line with the higher resource conservation factor and do not include it in the calculation of the resource conservation area having the lower factor. Do not double-count resource conservation acreage. |
(c) | Round down to the nearest dwelling unit or square foot. |
(d) | Within the Washington Township Conservation District (R-5), there shall be provided on each lot a minimum improvable lot area not less than 25,000 square feet, which shall be located entirely within the building envelope for the principal building. For the purpose of this subsection, the minimum improvable lot area shall be a contiguous area of each lot that is free of all constrained areas, including areas of existing conservation easements, bodies of water, area of floodplains, wetlands, stream corridors; area of slopes 20% and greater as measured and calculated between two-foot contour intervals; NJDEP-required wetlands transition areas; areas of three-hundred-foot buffer to Category 1 waters; and highlands special resource protection areas; except that the minimum improvable lot area may contain a total of 1,000 square feet of area of slopes greater than 20%. |