30-131 R-4, RESIDENCE AND AGRICULTURE DISTRICT.

30-131.1 Regulations.

Regulations for the R-4 District are as follows. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.2 Purpose.

The purpose of the R-4 District is to provide a low density zone for undeveloped lands in the southern part of the Township. This district seeks to provide standards that respond to the environmental characteristics of the rural areas by providing larger lots. This district permits two (2) additional design alternatives, clustering and lot averaging, that are intended to provide design flexibility and protection of environmental resources. All development shall comply with the applicable provisions of Chapter XIV, Affordable Housing. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.3 Uses Allowed by Right.

a. Single-family detached dwelling.

b. Churches, public and private schools, libraries, firehouses, and historical museums and private golf courses. No private golf courses shall be permitted unless the property constituting the course shall consist of at least seventy-five (75) acres of land.

c. Agriculture and farms in general, including truck farms, dairy farms, horse farms, nurseries and fruit farms.

d. Buildings, structures and premises for use and occupancy by the Township for any municipal purposes. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.4 Accessory Uses.

a. Accessory buildings incident to farms such as barns, produce packing, grading and storage buildings and buildings for the keeping of poultry and livestock, garage or garages for the keeping of equipment and trucks used in farm operation.

b. Accessory buildings incident to farms as defined above shall require application for and issuance of building permits but shall not be required to obtain site plan approval unless it is intended that the general public shall be invited to such building or buildings for the purpose of retail sales of goods or services.

c. Greenhouses, shade houses and lath houses.

d. Garage, toolshed, gazebo, swimming pool and tennis court for residences.

e. Off-street parking and loading.

f. Retail farm markets.

g. Temporary farm stands. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 94-25; Ord. No. 97-35 §§ V, VI, VIII; Ord. No. 98-11 § 3; Ord. No. 2001-23 § 1)

30-131.5 Bulk and Design Requirements for Certain Uses.

a. For single-family uses serviced by septic systems, the area and yard requirements provided in subsection 30-130.5a. shall apply.

b. For churches, libraries, firehouses, public utilities and historic museums, the R-40B standards for these uses shall apply.

c. Farms. A property with a minimum lot width and depth of three hundred (300) feet. Maximum building coverage shall be fifteen (15%) percent. Maximum building height shall be thirty-five (35) feet, except barns shall not exceed fifty (50) feet. Minimum setbacks shall be one hundred (100) feet from the front property line and seventy-five (75) feet from side and rear property lines.

d.-f. Reserved.

g. Vehicle Storage. Overnight open storage or parking of farm vehicles and any and all types of farm equipment shall not be permitted within fifty (50) feet of the right-of-way line of any public streets or roads.

h. Greenhouses and other similar structures may be installed on any farm, provided that they shall conform to a setback requirement of not less than one hundred (100) feet from any front lot line and not less than seventy-five (75) feet from any side or rear lot line. Shade houses and lath houses shall also be permitted on a farm, provided that they conform with the setback requirements of this section. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-83; Ord. No. 94-25; Ord. No. 97-35 § VIII)

30-131.6 Lot Averaging.

The purpose of this provision is to permit an alternative development option which results in more compact development on a tract while maintaining open spaces and protecting critical resources, while also retaining all lands in private ownership, other than easements or rights-of-way for pathways, bikeways, trails along proposed greenways and linkages to other subdivisions.

a. Lot Area Range. Subdivisions utilizing lot averaging may be permitted by the Planning Board, provided that at least sixty (60%) percent of the lots shall have a lot area of two and one-half (2.5) to three and one-half (3.5) acres. Two (2) lot subdivisions may also utilize the lot averaging provision, provided that one (1) of the two (2) lots meets the lot area standard provided above.

b. Site Design. Lot averaging designs should shift the more intensive development toward those lands which can best support the installation of the dwelling, well, septic system, and associated site improvements. Similarly, lot averaging should locate less intensive development in those areas which exhibit sensitive environmental features (i.e., water bodies, wetlands, floodplains, steep slopes, shallow bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or mature woodlands. The lot averaging design may include easements of rights-of-way for pathways, bikeways, and trails along proposed greenways and linkages to other subdivisions.

c. Deed Restriction. The deed for any lot over three and one-half (3.5) acres created by lot averaging shall contain a covenant for the benefit of the Township, and the owners of other properties in the subdivision, prohibiting further subdivision for the purpose of creating an additional lot or lots.

d. Area and yard requirements for lots of two and one-half (2.5) to three and one-half (3.5) acres in a lot averaging subdivision. (Lots of four (4) acres of more shall comply with the area and yard requirements of subsection 30-130.5a.):

1. Maximum density 0.25 units per acre

2. Minimum lot area 2.5 acres

3. Minimum lot frontage 140 feet

4. Minimum lot width 250 feet

5. Minimum lot depth 300 feet

6. Minimum front yard setback 75 feet

7. Minimum side yard setback 40 feet

8. Minimum rear yard setback 75 feet

9. Minimum off-street parking spaces* 5 per unit

10. Maximum building height 35 feet



11. Maximum coverage by primary structure, driveway, and accessory uses 15%

*There shall be an adequate area so vehicles may be turned around in the driveway and exit in a forward direction. Where driveways exceed an eight (8%) percent slope, at least two (2) additional off-street parking spaces shall be provided near the street. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25; Ord. No. 95-22 § VI)

30-131.7 Cluster Development.

The purpose of this provision is to permit an alternative development option which results in more compact development on a tract while maintaining open spaces and protecting critical resources. With cluster development, the open spaces shall be owned and maintained by a Homeowners' Association or the Township, if accepted by the Township Committee.

a. Maximum Density and Area and Yard Requirements. The maximum density for the tract and the area and yard requirements for individual lots shall be as provided in subsection 30-131.6d.

b. Tract Size. The minimum tract size for a clustered development shall be twenty-five (25) acres.

c. Open Space. The clustered development shall provide a minimum of thirty (30%) percent of the tract as open space. Open space shall be owned and maintained by a Homeowners' Association or the Township, if accepted by the Township Committee, in accordance with Section 30-55. Open space shall not include yards on individual building lots.

d. Development Theme. Any applicant for cluster development shall present to the Planning Board a theme around which the development is organized. Examples of acceptable themes are an equestrian development, organized around a common paddock of at least five (5) acres with horse training facilities, or a recreational development, organized around a fitness trail and common recreational facilities. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.8 Design Standards for All Developments in the R-4 District.

a. In lieu of sidewalks, each development should be designed with a system of paths, bikeways, or trails linking interior parts of the development and linking the development to adjoining open space and development.

b. Within the limits of sound engineering and future maintenance, low intensity improvements are encouraged. Among the low intensity improvements that may be acceptable are roadside swales for drainage and unfinished edges of pavement rather than curbing throughout the development where the curbing is not needed for drainage, road integrity, or direction of traffic flow. (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.9 Bulk Requirements for Accessory Uses.

Accessory buildings shall conform to principal building setbacks, except that they shall be set back at least one hundred (100) feet from any street line. (See Section 30-105.) (1976 Code § 78-78.2; Ord. No. 3-82; Ord. No. 94-25)

30-131.10 Reserved.

30-131.11 Conditional Uses.

The following conditional uses are permitted subject to the provisions of Section 30-155:

a. Wireless telecommunications antennas and towers.

b. Church or house of worship. (Ord. No. 98-11 § 4; Ord. No. 2001-23 § 2; Ord. No. 2002-17 § 3; Ord. No. 2013-33)

30-132 RESERVED.

30-133 RESIDENCE R-11, R-15, R-30, R-30SC AND R-TH SINGLE-FAMILY AND TOWNHOUSE DISTRICTS.

30-133.1 Regulations.

Regulations for R-11, R-15, R-30, R-30SC and R-TH Single-Family and Townhouse Districts are as follows. (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 90-30)

30-133.2 Purposes.

To provide a variety of housing development opportunities by permitting a wider choice of lot sizes. These areas are located to be serviceable by water and sewer facilities and closer to major highway access. Additional options are included in Section 30-70 for LIRPP parcels to result in the development of lower income housing units. (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 90-30; Ord. No. 97-1 § V)

30-133.3 Uses Allowed by Right.

a. Same as R-40A District.

b. LIRPP residential development uses consisting of the following:

1. Nonclustered, one (1) family detached private dwelling with accessory buildings in the R-TH, R-11, R-15, R-30 and R-30SC Districts.

2. Clustered, one-family detached private dwelling, with accessory buildings in the R-11, R-15, R-10, R-30SC and R-TH Districts, provided that the minimum tract size is eight (8) acres and water and sewer services are available.

3. Townhouses, atrium houses and quadplexes in the R-11, R-30, R-30SC and R-TH Districts, provided that water and sewer services are available and site plan approval as required for all units.

4. Garden apartments in the R-11, R-30, R-30SC, and R-TH Districts when developments incorporate lower income units in accordance with Section 30-70.

5. All nonresidential uses shall conform to the requirements of the R-40A District.

6. The construction of senior citizens housing for persons aged sixty-two (62) and over, or whatever age limitation is permitted by law, in the R-TH District subject to the bulk standard set forth hereinafter for such development in the R-TH zone. Construction of such senior citizen housing shall have a bonus density to bring the gross density to a maximum of twelve (12) units per acre and to provide the opportunity to provide lower income housing in compliance with Section 30-70. Any projects sponsored by a nonprofit or limited-profit sponsor in the R-TH District using current State and/or Federal programs and financed through the New Jersey Housing Finance Agency and/or the U.S. Department of Housing and Urban Development may be designed so that the housing type, site design and unit distribution shall be as approved under State/Federal program guidelines.

7. The construction of senior citizens housing for persons aged sixty-two (62) and over shall have a bonus density to bring the gross density to a maximum of ten (10) units per acre and to provide the opportunity to provide lower income housing in compliance with Section 30-70. Any project sponsored by a nonprofit or limited-profit sponsor in the R-30SC District using current State and/or Federal programs and financed through the New Jersey Housing Finance Agency and/or the U.S. Department of Housing and Urban Development may be designed so that the housing type, site design and unit distribution shall be as approved under State/Federal program guidelines.

8. The construction of rental housing as set forth in subsection 133.3b.1, 2, 3 and 4 to provide lower income housing in compliance with Section 30-70. (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 1-83; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 87-12; Ord. No. 90-30; Ord. No. 2002-17 § 2)

30-133.4 Accessory Uses.

Accessory uses shall be the same as the R-40A District. (See Section 30-105.) (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 90-30)

30-133.5 Conditional Uses.

The following conditional uses are permitted subject to the provisions of Section 30-155:

a. Public utilities.

b. Wireless telecommunications antennas and towers.

c. Church or house of worship. (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 87-12; Ord. No. 90-30; Ord. No. 98-11 § 4; Ord. No. 2001-23 § 2; Ord. No. 2002-17 § 3; Ord. No. 2013-33)

30-133.6 Bulk and Design Requirements.

a. For nonresidential uses permitted in the R-40A District, the bulk requirements shall be the same as outlined in the R-40A District.

b. Minimum Off-Street Parking.

1. Two (2) spaces per unit, except that senior citizen housing shall provide one (1) space for every two (2) units. In detached single-family homes, at least one (1) space shall be in an enclosed garage. Townhouse parking, if not within parking lots, shall be provided on the lot of each dwelling unit. Where townhouse units are closer than forty (40) feet to the street line, the on-lot parking for each unit shall be in the rear yard. Where townhouse parking is provided on each lot, or where parking spaces are assigned to specific units, there shall be additional parking spaces in parking lots at the rate of twenty-five hundredths (0.25) space per garaged, on-lot or assigned parking space.

2. Where single-family homes have a front yard setback of less than forty (40) feet, the twenty-five (25) feet of the driveway closest to the house shall be at least sixteen (16) feet wide.

3. Where single-family driveways exceed an eight (8%) percent slope, at least two (2) additional off-street parking spaces shall be provided near the street.

c. Nonclustered Design, One (1) Family.

d. Residential Clusters of One (1) Family Dwellings.

NOTES:

*The minimum setback of a principal building from any street shall be based on one and seventy-five hundredths (1.75) feet of setback for each foot of building height, but in no case shall the required setback be more than fifty (50) feet nor less than the minimum shown for the designated district. In addition, staggered setbacks shall be provided with at least a five (5) foot difference in the setback of the principal buildings from the setback of the principal building(s) on abutting lot(s).

**The total of both side yards shall be at least twenty (20) feet for one (1) story buildings and twenty-five (25) feet for two (2) story buildings. One (1) side yard may be smaller than the other in accordance with the appropriate following conditions. The purpose is to allow some flexibility in siting a structure as well as allowing smaller distances between shorter, one (1) story buildings and greater distances between two (2) story buildings. In order to qualify as one (1) story, the one (1) story portion of the building shall be at least ten (10) feet wide.

1. One (1) side yard may be reduced to ten (10) feet, provided that the distance between houses is at least twenty (20) feet where both the houses are one (1) story in height.

2. One (1) side yard may be reduced to ten (10) feet, provided that the minimum distance between houses shall be at least twenty-five (25) feet where one (1) or both houses are two (2) stories in height.

e. Reserved.

f. Lower income housing in the R-11, R-15, R-30, R-30SC and R-TH Districts is required on LIRPP property in accordance with Section 30-70.

g. Reserved. (1976 Code § 78-79; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 90-30; Ord. No. 97-1 § VI; Ord. No. 2000-19 § I; Ord. No. 2011-18; Ord. No. 2014-18)