[Amended by Ord. No. 9-85; Ord. No. 27-86; Ord. No. 18-01]
The C, R-C, R-1, R-1B, R-2, R-2A and R-3 Zones permit single-family
residences only. The R-4 Zone permits one- and two-family residences
only. In addition to the above, the C, R-C, R-1, R-1B, R-2, R-2A,
R-3 and R-4 Zones permit the following uses:
A.
Public buildings and public or institutional uses, as set forth in Article XXIX, Conditional Uses.
C.
Accessory uses customary incident to the permitted uses provided
they do not include any activity customarily carried on as a business,
other than farming, unless specifically permitted by this section.
D.
Private garages accessory to a dwelling or farm for the storage of
vehicles owned or used by the residents of the dwelling or farm.
G.
The office or studio of a doctor, physician, surgeon, dentist, teacher
of academic subjects, artist, musician, lawyer, architect, engineer
or like professional persons residing on the premises as may be determined
by the Board of Adjustment, provided that not more than one person
not a resident in the dwelling is employed in such office, and not
more than 1/2 the floor area of one story of the dwelling is devoted
to such use.
H.
No more than two persons being sheltered or fed for profit per single-family
dwelling.
I.
Farming and truck gardening and the sale of seasonal farm produce
grown on the farm or truck garden. Any accessory building or manure
pile shall not be located closer than 250 feet to any street right-of-way
or property line or dwelling, and shall only be permitted on a tract
of land five acres or larger in area. All pastoral farm animals and
fowl shall be contained within a building or fenced enclosure which
shall restrict animals or fowl a distance of at least 250 feet from
any property line and shall be permitted on a tract of land of five
acres or larger in area. This shall not be construed to permit commercial
piggeries. The regulations in this subsection shall not restrict house
pets.
J.
Commercial nurseries or greenhouses accessory and incidental to a
permitted agricultural operation for starting and growing plant materials,
provided such structures are located no closer than 50 feet to any
lot line. This shall not be construed to permit landscape contracting
firms, processing of firewood or other such commercial activities
in residence zones.
Any uses other than those listed in § 600-202 are prohibited in all residential zones.
[Amended by Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the C Conservation
District.
A.
Height. No building shall exceed 2 1/2 stories, provided the
building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 100 feet, with
a rear yard of at least 100 feet and side yards of at least 50 feet,
provided, however, under the terms of open space reductions as hereinafter
regulated, the front yard may be reduced to 50 feet and side yards
to 30 feet.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 81,000 square feet measured within 360 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 80 feet and a lot width of at least 225 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 150 feet measured
along a line 50 feet from the front street property line nor a width
at the front street property line on the turn-around portion of a
cul-de-sac or outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown
on the master plan or Official Map shall have a minimum width at the
front street property line of 175 feet.
[Amended by Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the R-C
Residence District:
A.
Height. No building shall exceed 2 1/2 stories, provided the
building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 50 feet, a rear
yard of at least 50 feet and side yards of at least 30 feet each.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 40,250 square feet measured within 230 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 70 feet and a lot width of at least 135 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 25,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 135 feet measured
along a line 100 feet from the front street property line nor a width
at the front street property line on the turn-around portion of a
cul-de-sac or the outside curve of a curved street of less than 70
feet.
(2)
Any lot in the tract facing upon an arterial street as shown
on the master plan or Official Map shall have a minimum width at the
front street property line of 175 feet.
[Amended by Ord. No. 16-87; Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the R-1
Residence District:
A.
Height. No building shall exceed 2 1/2 stories, provided, the
building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 50 feet, a rear
yard of at least 50 feet and side yards of at least 30 feet each.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 40,250 square feet measured within 230 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have a frontage along the front street property line of at least 70 feet and a lot width of at least 135 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet, measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 135 feet measured
along a line 100 feet from the front street property line nor a width
at the front street property line on the turn-around portion of a
cul-de-sac or the outside curve of a curved street of less than 70
feet.
(2)
Any lot in the tract facing upon an arterial street as shown
on the master plan or Official Map shall have a minimum width at the
front street property line of 175 feet.
[Added by Ord. No. 7-87; amended by Ord. No. 19-87; Ord. No. 1-92]
The following requirements must be complied with in the R-1A
Zone:
A.
Heights. No building shall exceed 2 1/2 stories, provided, however,
the building is no higher than 35 feet.
B.
Yards. There shall be a front yard and rear yard of at least 100
feet and a side yard setback of at least 50 feet.
C.
Lot area. Every lot shall contain a minimum lot area of 208,000 square
feet provided that each lot shall have a minimum width of 400 feet
and a minimum depth of 520 feet.
D.
Prior to the issuance of a building permit each lot shall receive
site plan approval and provision shall be made for a minimum of two
parking spaces.
E.
If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 81,000 square feet measured within 360 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 175 feet measured
along a line 100 feet from the front street property line nor a width
at the front street property line on the turn-around portion of a
cul-de-sac or outside curve of a curved street of less than 90 feet.
(2)
Any lot in the tract facing upon an arterial street as shown
on the master plan or Official Map shall have a minimum width at the
front street property line of 175 feet.
[Added by Ord. No. 27-86; amended by Ord. No. 19-87; Ord. No. 1-92]
The following requirements must be complied with in the R-1B
Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided the
building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 100 feet, with
a rear yard of at least 100 feet and side yards of at least 50 feet,
provided, however, under the terms of open space reductions as hereinafter
regulated, the front yard may be reduced to 50 feet, the rear yard
to 50 feet and side yards to 30 feet.
C.
Lot area. Every lot shall contain a minimum lot area of 81,000 square feet measured within 360 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 80 feet and a lot width of at least 225 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 150 feet measured
along a line 50 feet from the front street property line nor a width
at the front street property line on the turnaround portion of a cul-de-sac
or outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown
on the master plan or Official Map shall have a minimum width at the
front street property line of 175 feet.
[Amended by Ord. No. 10-96; Ord. No. 23-97]
The following requirements must be complied with in the R-2
Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided, however,
the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 35 feet, a rear yard
of at least 50 feet and two side yards each at least 17 feet.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 15,000 square
feet measured within 150 feet of the front street property line, provided
no lot shall have a minimum width measured along the front street
right-of-way line of less than 100 feet.
[Amended by Ord. No. 23-97; Ord. No. 12-02]
The following requirements must be complied with in the R-2A
Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided, however,
the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 30 feet, a rear yard
of at least 40 feet and two side yards each at least 15 feet.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 11,200 square
feet measured within 140 feet of the front street property line, provided
no lot shall have a minimum width measured along the front street
right-of-way line of less than 80 feet.
[Amended by Ord. No. 10-90; Ord. No. 23-97; Ord. No. 10-02]
The following requirements must be complied with in the R-3
Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided the
building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 25 feet, a rear yard
of at least 35 feet and side yards based on the following variable
setback formula: Lot width (feet) ÷ 60 feet X eight feet. In
no instances shall the minimum side yard setback be less than eight
feet for lots having widths (at setback) of less than 60 feet.
C.
Floor area. Any floor level above the ground floor level shall have
a minimum horizontal ceiling height of seven feet six inches, with
side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 7,500 square
feet measured within 125 feet of the front street property line, provided
no lot shall have a minimum width measured along the front street
right-of-way line of less than 60 feet.
[Amended by Ord. No. 10-02]
The following requirements must be complied with in the R-4
Zone:
A.
Height. No building shall exceed 2 1/2 stories provided, however,
the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 25 feet, a rear yard
of at least 35 feet and side yards based on the following variable
setback formula: Lot width (feet) divided by 50 feet X five feet.
In no instances shall the minimum side yard setback be less than five
feet for lots having widths (at setback) of less than 50 feet.
C.
Floor area. Every dwelling hereafter erected shall have a minimum
floor area of 768 square feet provided no ground floor area shall
be less than 600 square feet. Any floor level above the ground floor
level shall have a minimum horizontal ceiling height of seven feet
four inches, and side walls of not less than four feet. Two-family
residences shall have a minimum floor area of 700 square feet per
family.
D.
Lot area. Every lot shall contain a minimum lot area of 5,000 square
feet measured within 100 feet of the front street property line, provided,
two-family dwellings shall have a lot area of 10,000 square feet which
must be measured within 100 feet of the front street property line
and provided further, no lot shall have a minimum width measured along
the front street right-of-way line of less than 50 feet, except that
two-family dwellings shall have a minimum width along the front street
right-of-way line of 100 feet and a minimum width along the side street
right-of-way line of 100 feet for corner lots.
[Added by Ord. No. 1-92]
A.
Primary intended purpose. The purpose of the cluster option in the
C, RC, R-1, R-1A and R-1B Residential Zones is to provide standards
pursuant to N.J.S.A. 40:55D-39 or any amendments thereto which encourage
and promote flexibility and economy in layout and design, as well
as the conservation of natural resources. In accordance with the standards,
the Planning Board may approve the varying of lot areas and dimensions,
and yard, setback and coverage provisions otherwise required in the
C, RC, R-1, R-1A and R-1B Zones.
B.
Standards of development. A developer of a major subdivision may
propose, subject to Planning Board approval, to utilize the cluster
option plan in lieu of a conventional design conforming to the requirements
established for the zoning district in which the subdivision is located.
All applications seeking to utilize the cluster option plan shall
comply with the criteria and requirements enumerated below.
(1)
The total number of lots permitted under an approved cluster option plan, in lieu of a conventional design, shall be conclusively determined by the number of lots that would be realized by the conventional subdivision of the tract onto regulation lots which in all respects conform to this chapter and all applicable federal, state and county regulations, as determined by the Planning Board on the basis of a conventional subdivision plan submitted by the applicant. Such conventional plan shall show proposed roads and existing topographic contours as set forth in § 600-77H(6)(a)[6], but need not include plans for utilities.
(2)
A complete cluster option plan application showing reduced lot sizes pursuant to the criteria set forth in Article XXX for the applicable zone district and the proposal for the disposition of open space shall be submitted to the Planning Board, together with the conventional subdivision plan and shall include:
C.
Public hearing.
(1)
Within 45 days of receipt of a completed cluster option plan application as set forth in Subsection B(2), the Planning Board shall hold a public hearing and grant or deny the use of the cluster option plan. At the public hearing, the applicant shall have the opportunity to demonstrate that utilizing the cluster option plan would be more beneficial to the natural environment of Denville Township than the conventional zone regulations. The public shall also be afforded full opportunity to offer testimony and exhibits on any aspect of the application.
(2)
The applicant shall be required to provide notice of this public
hearing in compliance with §§ 40:55D-11 and 40:55D-12
of the Municipal Land Use Law.
D.
Findings by the Planning Board. Prior to approval for the use of
the cluster option plan, the Planning Board shall make the following
factual findings and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance criteria pursuant to § 40:55D-65c of the Municipal
Land Use Law;
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location, and purpose of
the common space are adequate;
(3)
That provisions regarding the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment, are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
and
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants,
and owners of the proposed development in the total completion of
the development are adequate.
E.
Resolution of Planning Board.
(1)
All decisions of the Planning Board on an application to use
a cluster option plan shall be memorialized by a written resolution.
The resolution shall set forth findings of facts and conclusions to
support the Board's grant of approval or denial of the use of the
cluster option plan.
(2)
A copy of the resolution shall be mailed by the Planning Board
within 10 days of the date of adoption of the resolution to the applicant
and if represented, to his attorney.
(3)
A brief notice of the adoption of a resolution of the Planning
Board concerning the use of the cluster option plan shall be published
in a newspaper of general circulation in the Township within 30 days
of the adoption of the resolution.
F.
Preliminary subdivision plan application.
(1)
Upon approval by the Planning Board for the developer to proceed with the cluster option plan as set forth in Subsection E above, the developer shall proceed to submit a complete preliminary subdivision plan application with reduced lot sizes pursuant to the criteria set forth in Article XXX for the applicable zone district depicting the number of lots approved under the cluster option plan, both of which shall conform in all respects to this chapter. In addition to meeting all applicable requirements set forth in this chapter, such plan shall make provision for open space lands which meet the criteria set forth in Subsection G.
(2)
The Planning Board shall hold a public hearing on the subdivision upon application described in Subsection F(1) above, in accordance with the requirements for securing approval of preliminary subdivision set forth in the Municipal Land Use Law and this chapter. Notice and publication shall be required pursuant to the Municipal Land Use Law.
G.
Open space requirements.
(1)
The cluster option plan shall make provision for open space
lands and to that end, the subdivider shall designate as open space
that percentage of the total tract equal to the percentage by which
the required lot areas are reduced from:
(2)
The property to be designated for open space shall be for one
or more of the following purposes:
(3)
No open space area shall be less than eight acres, except in
the R-1A Zone in which case no open space area shall be less than
10 acres, unless the area is to be joined to an existing parcel of
Township land, the aggregate size of which shall be not less than
10 acres or unless a smaller area is shown on the master plan or Official
Map.
(4)
Any subdivision employing open space zoning shall not be approved
if there is more than one building lot per acre, including all open
space lands.
(5)
The open space area designated under the terms of this subsection
shall be of usable size and shape with a minimum depth or width of
at least 250 feet, provided, where unusual topographic conditions
exist, the Planning Board may accept lesser depths or widths for portions
of such area.
(6)
The open space area designated under the terms of this subsection
shall be an accessible location and provision shall be made for adequate
access to such lands from public streets with such access points having
a minimum width of at least 100 feet.
(7)
The subdivider shall provide for the establishment of an organization
for the ownership and maintenance of the common open space for the
benefit of owners or residents of the development. Said organization
shall be required to maintain the common open space in reasonable
order and condition in accordance with the design and function of
said space as approved by the Planning Board hereunder. The deed of
the open space to said organization shall contain the applicable restrictions
as set forth herein. If said open space is not dedicated to and accepted
by the Township or other governmental agency, such organization shall
not be dissolved and shall not dispose of any open space, by sale
or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of the owners and
residents of the development, and, thereafter, such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the Township. Nothing herein shall
be construed to require the Township or other governmental agency
to accept any such dedication of open space.
