a. Delineation of a Protected Root Zone (PRZ). Prior to the issuance of any permits or disturbance of any soil, trees that are indicated to be saved on approved site plans shall have snow fencing installed around them. The fencing shall be installed around the trees at a distance determined by the critical root radius (CRR). The CRR (in feet) shall be one and one-half (1.5) times the diameter of the tree (in inches) when measured four and one-half (4.5) feet above the ground. (For example, a tree with a diameter of four (4) inches would have a critical root radius of six (6) feet.) Warning signage, to be obtained from the Township Construction Office, shall be attached to the fence at ten (10) foot intervals in the top third of the fencing. The PRZ shall remain closed to any activity including the staging of materials. No fencing shall be disturbed or removed from the lot until a certificate of occupancy is issued or written approval is obtained from the Township Engineer. (Ord. No. 2001-28)
a. The following activities and structures shall be permitted within an area subject to a farmland easement:
1. Farming and agricultural activities limited to growing crops and horse breeding, grazing and training.
2. Farm buildings including greenhouses, barns, maintenance sheds and similar facilities.
3. A driveway no less than twelve (12) feet in width and no greater than eighteen (18) feet in width connecting a residual dwelling site area to a public street.
4. All those activities and structures permitted in a landscape easement.
b. Notwithstanding the above, to the extent that the regulations of the State Agricultural Development Committee (SADC) or its successor agencies governing activities on farmland that qualifies for State Preservation Funds are more stringent than the standards in paragraph a. above, the State standards shall control.
c. A rider stipulating the activities permitted within the farmland easement shall be attached to the deed of any land subject to a farmland easement and shall run with the land.
d. Within any tract subject to a farmland easement, no more than one (1) residual dwelling site area shall be permitted subject to the following requirements:
1. The maximum size of the residual dwelling site area shall be two (2) times the minimum lot size of a single-family residential dwelling lot in the district in which the land is located. If the land to which the farmland easement is applied is part of a cluster subdivision, the minimum lot size applicable to the cluster subdivision shall be used to calculate said maximum area.
2. The residual dwelling site area shall include no more than one (1) single-family dwelling unit and any structures accessory thereto which are permitted for a residence in the zoning district in which the residual dwelling site area is situated. A residual dwelling site area may also include one (1) or more structures accessory to a farm, provided that such structures meet the bulk requirements for accessory structures on a farm in the district in which the residual dwelling site area is located.
3. The lot coverage and floor area ratio of the dwelling shall be calculated based on the size of the residual dwelling site area. The maximum lot coverage and floor area ratio, if applicable, shall be the same as permitted for a residential dwelling lot in the district in which the residual dwelling site area is located. If the land to which the farmland easement is applied is part of a cluster subdivision, the maximum lot coverage and floor area ratio applicable to an individual dwelling lot in the cluster subdivision shall be applicable to the residual dwelling site area.
4. The yard, setback and building requirements applicable to the residual dwelling site area shall be the same as those for a single-family residential dwelling in the district in which the area is situated. Setbacks shall be calculated from the lot lines and not from the boundaries of the residual dwelling site area. If the land to which the farmland easement is applied is part of a cluster subdivision, the yard, setback and building requirements applicable to an individual estate house shall apply to the residual dwelling site area.
5. The maximum driveway width in the farmland easement shall not apply to the residual dwelling site area, where wider driveways shall be permitted to facilitate vehicle maneuvering. (Ord. No. 2006-19 § IV)
a. Each application for site plan or subdivision approval shall be accompanied by an environmental resource survey documenting the existing natural features on the site and an environmental impact report that describes and evaluates the impact of the proposed development. The purpose of these is to permit the approving authority to evaluate the natural conditions and limitations of the site and to guide the preservation of high priority natural resources, woodlands, and ecosystems. The applicant should use these to guide the layout of the proposed development so as to minimize the environmental impacts. The environmental resource survey and the environmental impact report shall be prepared by one (1) or more qualified professionals such as an engineer, forester, ecologist or landscape architect and shall be site specific. The Township's Environmental Resource Inventory (formerly Natural Resource Inventory) that is maintained by the Environmental Commission may be used as a source document.
b. The environmental resource survey shall include a natural resource survey map and an aerial photograph.
1. The natural resource survey map shall show the following on the tract and within two hundred (200) feet of the tract boundary at a scale of 1" - 100' or larger and at the same scale as the rest of the site plan or subdivision submission:
(a) Topography at two-foot contour intervals;
(b) A steep slope analysis showing areas of steep slopes in each of the following ranges: under 8%, 8% to 14.99%, 15% to 24.99% and greater than 25%, as well as areas of highly erodible soils (based on the Natural Resources Conservation Service, Monmouth County Soil Survey data);
(c) State-designated Forested Natural Heritage Priority Sites;
(d) Woodlands identified in the New Jersey Landscape Project as either Forests or Forested Wetlands that create a habitat having a ranking of 3, 4 or 5 for rare, threatened or endangered species;
(e) Intermittent and perennial streams, lakes, and other water bodies;
(f) 100-year floodplains;
(g) Wetlands, required wetlands transition areas, and vernal pools;
(h) Required stream corridor buffers (See subsection 30-116.7);
(i) Proposed landscape and conservation easements;
(j) Soils with a legend showing soil names and characteristics, including the limitations and potential for forest growth and the types of native forest species typically associated with each soil type, based on the Natural Resources Conservation Service, Monmouth County Soil Survey;
(k) Areas of groundwater recharge equal to or greater than the median groundwater recharge rate for the municipality as a whole, based upon the New Jersey Geological Survey or municipally-approved alternate data source, if available;
(l) Aerial extent of forest and tree cover which shall encompass the outside perimeter of the canopy of individual trees;
(m) Forest stand data: the forested portions of the property shall be divided into separate forest stands for the purpose of describing the different forested areas of the tract as required in paragraphs c.1(l) and (m) below; stands smaller than five (5) acres shall be fully described; stands of five (5) acres or larger shall be sampled, and the stand shall be statistically described based on the sample data.
(n) Locations, species, sizes, and condition of all specimen trees and of all individual trees with dbh greater than six (6) inches that are not located in a delineated forest stand; and
(o) Existing man-made structures.
2. The most current and readily available aerial photograph of the tract and the area within one thousand (1,000) feet thereof at a scale of 1' = 400' or larger and preferably at the same scale as the natural resource survey map.
c. The environmental impact report shall include the following:
1. An inventory of the following on-site conditions and an assessment of the probable impact of the development upon them:
(a) Water supply.
(b) Water quality.
(c) Flood plain protection.
(e) Sewage disposal.
(f) Vegetation protection.
(g) Air quality.
(h) Historic landmarks, sites, and structures.
(i) Site aesthetics, e.g., viewsheds, views such as scenic views of open space from public rights-of-way, terrain, mature wooded areas, etc.
(j) Slopes in excess of fifteen (15%) percent.
(k) Threatened and endangered species.
(l) A description of each forest stand on the site including, for each stand, the dominant and co-dominant species, understory vegetation, range of sizes in diameter at breast height (dbh), the health and condition of the trees in the stand, and the extent and nature of invasive species within the stand; and
(m) Copies of the sampling point data sheets and summaries.
2. A description of the development and a description of how the development proposal including any proposed subdivision and streets and/or site plan works to preserve the natural resources identified in the environmental resource survey. This should also include a description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules and other explanatory data.
3. An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation.
4. Air and water quality shall be described with reference to standards of the Department of Environmental Protection. Soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and high water table.
d. Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development. (1976 Code § 78-43; Ord. No. 3-82; Ord. No. 2005-39 § 5)
When making a determination whether a structure, either existing or planned, is a single-family dwelling or a multi-family dwelling, the appropriate Township official or agency shall give consideration to, among other factors, the characteristics set forth in subsections 30-60.2 and 30-60.3.
It is recognized that in most instances when called upon to make a differentiation between a single-family dwelling and a multi-family dwelling, the Township official or agency will be confronted with a typical single-family dwelling unit, but with additional characteristics which may be indicative of the capacity to function as a multi-family dwelling unit. If, in addition to the facilities that are normally associated with a single-family dwelling, (full bath(s), full kitchen, living area, bedroom areas), a structure exhibits some or all of the characteristics described in subsection 30-60.2, the Township official or agency should give consideration that the structure is, in actuality, a multi-family dwelling unit. The Township official or agency must engage in a discretionary weighing process using the characteristics listed in subsections 30-60.2 or 30-60.3 as guidelines only. The Township official or agency is encouraged to consider all other relevant factors which present themselves and which may not be set forth in subsections 30-60.2 or 30-60.3. The absence of one (1) or more of the characteristics set forth in subsections 30-60.2 or 30-60.3 is not determinative, but is to be considered relevant in the weighing and decision making process. (Ord. No. 2000-11 § II)
The following are characteristics which may be indicative of a single-family dwelling properly being determined to be a multi-family dwelling.
a. Facilities as described in paragraphs b, c and d below:
1. Being located in close proximity to each other; and
2. Being located separate from the main portion of the dwelling unit. Separate as used herein can mean:
(a) Located in a portion of the structure, connected to the main structure by an area not normally used for occupancy, i.e. garage.
(b) Located in the same structure, but:
(1) On a different level, separated by stairs, or by stairs and a door;
(2) On the same level, but separated by a wall with no access between it and the main portion of the dwelling unit;
(3) On the same level, but separated by a door.
b. Full kitchen (stove, sink and refrigerator, at a minimum).
c. Full bath.
d. Room or area with a closet or other configuration which would accommodate sleeping quarters.
e. Separate entry from outside the main portion of the dwelling unit, with easy accessibility to garage, driveway, road or other such configuration which would promote the independence and separateness of the unit.
f. Additional rooms or areas which would accommodate or serve as living room, den, dining area, entertainment area, etc.
g. One or more separate utility facilities. (Ord. No. 2000-11 § II)
The following are characteristics which may be indicative of a single-family dwelling merely with enhanced facilities and not indicative of a multi-family dwelling:
a. No separate entrance into enhanced facility area from outside the dwelling.
b. Only one (1) separate entrance which opens onto pool area or other similar outdoor entertainment area.
c. Partial kitchen or partial bath facilities.
d. No area to accommodate sleeping quarters.
e. Open connection (no walls or separating doors) with main portion of dwelling unit.
f. On same level as main portion of dwelling unit. (Ord. No. 2000-11 § II)
Only in the event that the Township official or agency, after having weighed all characteristics and factors, finds that the preponderance of the evidence, although by a small margin, supports a determination that the dwelling is a multi-family dwelling, the Township official or agency may issue or order the issuance of the requested permit or certificate as a single-family dwelling provided the record title owner(s) will execute a deed containing a restrictive covenant against using the dwelling for multi-family purposes. Such deed must be in recordable form and shall be subject to the review and approval by the Township attorney. (Ord. No. 2000-11 § II)
a. Residential buildings in the R-4H and R-4R Districts must conform to one (1) of the following building types, in accordance with the list of permitted building types and uses for each district and in accordance with the locations for each building type shown in the Master Plan.
1. Hamlet Estate House
2. Green Estate House
3. Rural Estate House
4. Individual Estate House
b. Specifications for each of the building types are provided in this section.
1. Specifications for Hamlet Estate House.
Yard Attributes.
Front Landscaping (optional): solid hedging, 3 feet installed height; or maximum 4 feet high picket fence or stone wall. To be installed or planted 4 feet from right-of-way.
Side Landscaping (optional): solid hedging, 3 feet installed height, along one (1) side property line. Each property shall provide hedging on the side property line facing the north, west or northwest.
Front yard: 40 feet minimum
Rear yard: 25 feet minimum
Side yards: 15 feet minimum (one side); 20 feet minimum (driveway side). Minimum driveway setback from side property line: 5 feet.
Minimum accessory structure setback: 20 feet from any lot line. Accessory structures shall also be subject to the requirements in Section 30-52.
Width of driveway: 12 feet minimum and maximum. (Note: The portion of the driveway adjacent to a garage may be wider than the maximum width specified here to facilitate vehicular maneuvering.)
Maximum lot coverage: 30 percent. (Note: Coverage limit applies only to the individual building lot and not to the zone district as a whole, in which significant open space preservation is required.)
Building Attributes.
Maximum floor area ratio: 0.20
Maximum height to ridge: 40 feet
Note: The developer is encouraged, but not required, to provide the garage in the rear where feasible.
2. Specifications for Green Estate House.
Yard Attributes.
Front Landscaping (optional): solid hedging, 3 feet installed height; or maximum 4 feet high rail fence. To be installed or planted 4 feet from right-of-way.
Side Landscaping (optional): solid hedging, 3 feet installed height, along one side property line. Each property shall provide hedging on the side property line facing the north, west or northwest.
Side yards: 20 feet minimum (one side); 35 feet minimum (driveway side). Minimum driveway setback from side property line: 5 feet. If the garage is provided in the rear, minimum driveway side setback is 20 feet.
Front yard: 60 feet minimum
Rear yard: 25 feet minimum
Minimum accessory structure setback: 20 feet from any lot line. Accessory structures shall also be subject to the requirements in Section 30-52.
Width of driveway forward of front building line: 12 feet minimum and maximum. (Note: The portion of the driveway adjacent to a garage may be wider than the maximum width specified here to facilitate vehicular maneuvering.)
Maximum lot coverage: 25 percent (Note: Coverage limit applies only to the individual building lot and not to the zone district as a whole, in which significant open space preservation is required.)
Building Attributes.
Maximum floor area ratio: 0.20
Maximum height to ridge: 40 feet
