Township of Plainsboro, NJ Article VA R-300 Low-Density Zone Regulations

[Added 8-8-1983 by Ord. No. 0-83-15]

§ 101-32 Permitted uses.

[Amended 2-27-1989 by Ord. No. 0-89-2; 12-10-1990 by Ord. No. 0-90-24; 2-28-1996 by Ord. No. 0-96-02; 7-22-1998 by Ord. No. 0-98-17; 8-12-1998 by Ord. No. 0-98-19; 11-10-2011 by Ord. No. 0-11-13; 10-13-2016 by Ord. No. 16-17]

In the R-300 Low-Density Residential Zone, no lot shall be used and no structure shall be erected, altered, or occupied for any purpose except the following:

A. Detached single-family dwellings and the accessory structures and uses normally auxiliary thereto.

B. Planned residential cluster Type I, subject to the following requirements and conforming to the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved general development plan:

(1) The minimum total area to be developed as a planned residential cluster shall be 100 contiguous acres. Such area shall be developed in accordance with a single comprehensive general development plan. Streets, utility easements and utility rights-of-way shall not be deemed to divide acreage for the purposes of this requirement.

(2) The maximum residential density shall be 0.65 dwelling units per gross acre.

(3) All residential units shall be provided with garages, and all units shall be grouped or located together in proximity to major recreational facilities, open space and off-site pedestrian systems.

(4) No less than 45% of a planned residential cluster development shall be devoted to conservation, open space, municipal and/or recreational purposes, including drainage facilities. All one-hundred-year flood hazard areas and wetlands shall be permanently restricted for open space. A minimum of 60% of the gross open space area shall be devoted to upland area for development of usable recreation facilities or municipal uses and shall not include environmentally sensitive lands and/or features. Individual residential lots or portions thereof shall not be construed as open space. Designated conservation, open space and/or recreational areas shall be in major contiguous parcels and shall be interconnected with similar areas and abutting tracts and parcels, having adequate access to public and/or private roads and in some cases consisting of land developed for specific recreational purposes. Conservation, open space and/or recreational areas may also be interspersed within the planned residential cluster development. Open space areas, for purposes of this calculation, shall not include, among other things, courtyards, cul-de-sac islands, and miniparks.

(5) Active recreational facilities shall be provided in planned residential cluster developments, subject to the review and approval of the Planning Board. Such recreational facilities may be jointly provided by two or more developers within the R-300 Zone with convenient access to all users, proved that the facility and/or recreational area shall equal the recreational requirements of the participating properties served. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with their use and enjoyment by residents of the development.

(6) The design and use of open spaces areas interspersed among groupings of residential dwellings shall protect the natural terrain, woodlands, significant views and any unique and unusual feature. Open space other than that preserved for its natural values shall be suitably graded and landscaped. All structures within open space areas shall be sited so as to retain their visual appeal. The Planning Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the open space as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.

(7) The design and location of planned residential clusters shall give priority to avoiding environmentally constrained areas; locating dwellings along wooded areas to provide summer shade and shelter from winter wind and to enable new residential construction to be visually absorbed by natural landscape feature; not blocking or interrupting scenic vistas.

(8) The minimum tract frontage on an existing public arterial or collector street which provides access to the planned residential cluster development shall be 1,000 contiguous feet.

(9) The following minimum design, bulk and area requirements shall apply to the development of a planned residential cluster development.

(a) The Planning Board shall determine the total number and location of dwelling unit clusters at the time of general development plan review.

(b) A development tract’s existing road frontage shall not be totally subdivided into residential lots.

(c) Impervious surfaces, in the aggregate, shall not cover more than 40% of the residential area of the track.

(d) All residential lots shall be serviced by public centralized water system and public sewer.

(e) No habitable dwelling unit area shall be constructed below grade if the Township Engineer determines water problems will result from existing soil limitations. Units shall be designed in such a manner as to provide maximum security and visual privacy from adjacent units.

(f) Twenty thousand square feet shall be the minimum lot area for a residential lot. The average lot area, including one dwelling, its accessory uses and private open space, shall not be less than 22,000 square feet.

[1] Frontage. Minimum street frontage shall be 70 feet, except that the frontage may vary pursuant to § 101-1 of this chapter.

[2] Lot width. Minimum lot width shall be 110 feet, as measured at the front yard setback line.

[3] Lot depth. Minimum lot depth shall be 150 feet.

[4] Front yard. Minimum front yard depth shall be 40 feet.

[5] Side yard. Minimum side yard width shall be 10 feet.

[6] Rear yard. Minimum rear yard depth shall be 25 feet, but in no case shall a rear setback line be closer than 50 feet to a boundary line of an adjacent parcel of land or existing right-of-way.

[7] Building height. Maximum building height shall be 35 feet.

(g) New streets shall be constructed to service planned residential cluster developments instead of subdividing new lots along existing minor arterial, major collector and minor collector roadways within the R-300 Zone. In a subdivision abutting the existing arterial or collector roadways, the frontage shall be reversed so that the lots contiguous to such streets will front on the newly created local streets or cul-de-sacs, with an additional lot depth of 75 feet over and above bulk and area regulations. This additional lot depth shall be a conservation easement used exclusively for planting, screening and landscaped earthen berms to be provided by the developer and maintained by the lot owner or by a homeowners’ association, if one is created.

(h) Planned residential cluster developments shall be required to widen municipal and county roadways, construct new municipal roadways, and contribute their fair share toward off-site intersection improvements, as shown and described in the Township Master Plan circulation elements and/or on the Township Official Map.

(10) Land permanently set aside for conservation, open space and/or recreational uses may either be offered for dedication to Plainsboro Township, deed restricted to remain with the original property owner, dedicated to a nonprofit organization found acceptable to the Township Planning Board and/or protected by a homeowners’ community association. An open space which is not accepted for public use by the Township Committee shall be protected by legal arrangements satisfactory to the Planning Board sufficient to assure its maintenance and preservation in perpetuity for its intended purpose. Covenants or other legal arrangements shall specify ownership of the open space; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory assessment provisions; guaranties that any homeowners’ association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board. The open space left unbuilt upon after development shall be maintained in accordance with a land management plan prepared by the developer and accepted and approved by the Planning Board. The developer shall provide copies of deed covenants with prospective purchases or conservation easements with the Township describing land management practices to be followed by party or parties that are responsible for open space. Further subdivision of open space land or its uses for other than conservation and recreation or other permitted municipal uses shall be prohibited.

(11) Within open spaces areas, the Planning Board shall require the developer to make certain site preparation improvements, which may include, but not limited to, the following:

(a) Removal of dead or diseased trees.

(b) Thinning of trees or other growth to encourage more desirable growth.

(c) Removal of trees in areas planned for ponds, lakes or active recreational facilities.

(d) Grading and seeding.

(e) Improvements or protection of the natural drainage system through the use of protective structures, stabilization measures and similar improvements.

(f) Improvement and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents.

(12) Land designated as conservation and open space may be incorporated into private lots which conform to this section upon approval by the Planning Board that such land will be permanently protected from development as an alternative to dedication or protection by a homeowners’ community association.

(13) Freshwater wetlands shall be protected in accordance with the New Jersey Freshwater Wetlands Protection Act.[1]

[1] Editor’s Note: See N.J.S.A 13:9B-1 et seq.

(14) No preliminary approval shall be granted for any subdivision or site plan in connection with the development of a planned residential cluster unless the Township Engineer has approved plans for potable water supply and sewage disposal to serve the development.

(15) Flexibility and variety in lot and building layout, roadway construction, utility design and other site improvements shall be encouraged to best relate the improvements to the land. To that end, lots, buildings and utilities shall be designed so as to minimize the alteration of the natural terrain and fit into the open space environment of the R-300 Zone.

C. Planned residential cluster Type II, subject to the following requirements and conforming to the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved preliminary and final subdivision plan:

(1) The minimum total area to be developed as a planned residential cluster shall be 50 contiguous acres. Such area shall be developed in accordance with a single comprehensive concept subdivision plan reviewed and commented on at a publicly held Planning Board meeting. Streets, utility easements and utility rights-of way shall not be deemed to divide acreage for the purposes of this requirement.

(2) The maximum residential density shall be 0.55 dwelling units per gross acre. The number of lots permitted to be clustered shall be no greater than the number of lots arrived at by the applicant submitting a concept plan, showing a conventional subdivision conforming to the R-300 Zone area and bulk regulations found in § 101-33 and the Township’s Subdivision and Site Plan Review Ordinance contained in Chapter 85.

(3) All residential units shall be provided with garages, and all units shall be grouped or located together in proximity to major recreational facilities, open space and off-site pedestrian systems.

(4) No less than 50% of a planned residential cluster development shall be devoted to conservation, open space, municipal and/or recreational purposes, including drainage facilities. All one-hundred-year flood hazard areas and wetlands shall be permanently restricted for open space. A minimum of 50% of the gross open space area shall be devoted to upland area for development of usable recreation facilities or municipal uses and shall not include environmentally sensitive lands and/or features. Individual residential lots or portions thereof shall not be construed as open space. Designated conservation, open space and/or recreational areas shall be in major contiguous parcels and shall be interconnected with similar areas and abutting tracts and parcels, having adequate access to public and/or private roads and in some cases consisting of land developed for specific recreational purposes. Conservation, open space and/or recreational areas may also be interspersed within the planned residential cluster development. Open space areas, for purposed of this calculation, shall not include, among other things, courtyards, cul-de-sac and miniparks.

(5) Active recreational facilities shall be provided in planned residential cluster developments, subject to the review and approval of the Planning Board. Such recreational facilities may be jointly provided by two or more developers within the R-300 Zone with convenient access to all users, provided that the facility and/or recreational area shall equal the recreational requirements of the participating properties served. The location of such recreational facilities shall be carefully planned to provide privacy for the users and to avoid problems of noise, lighting and similar nuisances which might interfere with their use and enjoyment by residents of the development.

(6) The design and use of open spaces areas interspersed among groupings of residential dwellings shall protect the natural terrain, woodlands, significant views and any unique and unusual feature. Open space other than that preserved for its natural values shall be suitably graded and landscaped. All structures within open space areas shall be sited as to retain their visual appeal. The Planning Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the open space as shall be necessary to enhance the intended open space and recreational uses or accept a contribution in lieu of making such improvements.

(7) The design and location of planned residential clusters shall give priority to avoiding environmentally constrained areas; locating dwellings along wooded areas to provide summer shade and shelter from winter wind and to enable new residential construction to be visually absorbed by natural landscape features; and not blocking or interrupting scenic vistas.

(8) The minimum tract frontage on an existing public arterial or collector street which provides access to the planned residential cluster development shall be 1,000 feet for at least one frontage.

(9) The following minimum design, bulk and area requirements shall apply to the development of a planned residential cluster development:

(a) The Planning Board shall review and evaluate the total number and location of dwelling unit clusters at the time of the comprehensive concept subdivision plan review held at a publicly held Planning Board meeting.

(b) A development tract’s existing road frontage shall not be totally subdivided into residential lots.

(c) Impervious surfaces, in the aggregate, shall not cover more than 40% of the residential area of the track.

(d) All residential lots shall be serviced by a public centralized water system. All residential lots shall be serviced by a public sewer system when it is available. If a public sewer system is not available then individual septic systems may be permitted.

(e) No habitable dwelling unit area shall be constructed below grade if the Township Engineer determines water problems will result from existing soil limitations. Units shall be designed in such a manner as to provide maximum security and visual privacy from adjacent units.

(f) Thirty-two thousand six hundred seventy square feet shall be the minimum lot area for a residential lot.

[1] Frontage. Minimum street frontage shall be 150 feet, except that the frontage may vary pursuant to § 101-1 of this chapter.

[2] Lot width. Minimum lot width shall be 125 feet, as measured at the front yard setback line.

[3] Lot depth. Minimum lot depth shall be 150 feet.

[4] Front yard. Minimum front yard depth shall be 40 feet.

[5] Side yard. Minimum side yard width shall be 20 feet.

[6] Rear yard. Minimum rear yard depth shall be 25 feet on all interior lots, but in no case shall a rear setback line be closer than 50 feet to a boundary line of an adjacent parcel of land or existing right-of-way.

[7] Building height. Maximum building height shall be 35 feet.

(g) New streets shall be constructed to service planned residential cluster developments instead of subdividing new lots along existing minor arterial, major collector, and minor collector roadways within the R-300 Zone. In a subdivision abutting existing arterial or collector roadways, the frontage shall be reversed so that the lots contiguous to such streets will front on the newly created local streets or cul-de-sacs, with an additional lot depth of 75 feet over and above bulk and area regulations. This additional lot depth shall be a conservation easement used exclusively for planting, screening, and landscaped earthen berms to be provided by the developer and maintained by the lot owner or by a homeowners’ association, if one is created. Such new residential lots shall be relieved from such additional lot depth requirement if the foregoing area to be devoted to planting, screening and landscaped earthen berm is provided instead as a separate open space lot having a minimum depth of 75 feet to be owned and maintained by a homeowners’ association.

(h) Planned residential cluster developments shall be required to widen municipal and county roadways, construct new municipal and county roadways and contribute their fair share toward off-tract intersection improvements, as shown and described in the Township Master Plan circulation elements and/or on the Township Official Map.

(10) Land permanently set aside for conservation, open space and/or recreational uses may either be offered for dedication to Plainsboro Township, deed restricted to remain with the original property owner, dedicated to a nonprofit organization found acceptable to the Township Planning Board and/or protected by a homeowners’ community association. An open space which is not accepted for public use by the Township Committee shall be protected by legal arrangements satisfactory to the Planning Board sufficient to assure its maintenance and preservation in perpetuity for its intended purpose. Covenants or other legal arrangements shall specify ownership of the open space; method of maintenance; responsibility for maintenance; maintenance taxes and insurance; compulsory assessment provisions; guaranties that any homeowners’ association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board. The open space left unbuilt upon after development shall be maintained in accordance with a land management plan prepared by the developer and accepted and approved by the Planning Board. The developer shall provide copies of deed covenants with prospective purchases or conservation easements with the Township describing land management practices to be followed by party or parties that are responsible for open space. Further subdivision of open space land or its uses for other than conservation and recreation or other permitted municipal uses shall be prohibited.

(11) Within open spaces areas, the Planning Board shall require the developer to make certain site preparation improvements, which may include, but are not limited to, the following:

(a) Removal of dead or diseased trees.

(b) Thinning of trees or other growth to encourage more desirable growth.

(c) Removal of trees in areas planned for ponds, lakes or active recreational facilities.

(d) Grading and seeding.

(e) Improvements or protection of the natural drainage system through the use of protective structures, stabilization measures and similar improvements.

(f) Improvement and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents.

(12) Land designated as conservation and open space may be incorporated into private lots which conform to this section upon approval by the Planning Board that such land will be permanently protected from development as an alternative to dedication or protection by a homeowners’ community association.

(13) Freshwater wetlands shall be protected in accordance with the New Jersey Freshwater Wetlands Protection Act.[2]

[2] 33. Editor’s Note: See N.J.SA. 13:9B-1 et seq.

(14) No preliminary approval shall be granted for any subdivision or site plan in connection with the development of a planned residential cluster unless the Township Engineer has approved plans for potable water supply and sewage disposal to serve the development.

(15) Flexibility and variety in lot and building layout, roadway construction, utility design and other site improvements shall be encouraged to best relate the improvements to the land. To that end, lots, buildings and utilities shall be designed so as to minimize the alteration of the natural terrain and fit into the open space environment of the R-300 Zone.

D. Planned residential cluster Type III, subject to the following requirements and conforming to the findings of a planned development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and in accordance with an approved preliminary and final subdivision plan:

(1) The minimum total area to be developed as a planned residential cluster shall be 100 contiguous acres. Such area shall be developed in accordance with a single comprehensive concept subdivision plan reviewed and commented on at a publicly held Planning Board meeting. Streets, utility easements and utility rights-of way shall not be deemed to divide acreage for the purposes of this requirement.

(2) The maximum residential gross density shall be 0.34 dwelling units per gross acre.

(3) All residential units shall be provided with garages, and all units shall be sited in convenient proximity to open space areas and pedestrian systems.

(4) No less than 55% of a planned residential cluster development shall be devoted to conservation, open space, municipal and/or recreational purposes, including drainage facilities. All one-hundred-year flood hazard areas and wetlands shall be permanently restricted for open space. A minimum of 10% of the gross open space area shall be devoted to upland area for development of usable recreation facilities or municipal uses and shall not include environmentally sensitive lands and/or features. Individual residential lots or portions thereof shall not be construed as open space.

(5) Conservation, open space and/or recreational areas shall be in major contiguous parcels and shall be interconnected with similar areas and adjacent tracts where available. Conservation, open space and/or recreational areas may also be interspersed within the planned residential cluster development. Open space areas, for purpose(s) of this calculation, shall not include, among other things, courtyards, cul-de-sac islands, landscaping features associated with buildings or parking lots, tot-lots and miniparks.

(6) The design and use of open spaces areas interspersed among groupings of residential dwellings shall protect the natural terrain, woodlands, significant views and any unique and unusual feature. The Planning Board shall require such grading, drainage, planting, walkways, fencing, roadways, lighting and such other improvements in the open space as shall be necessary to enhance the intended open space purposes. Any structures within the open space that may be required or allowed to remain by the Board shall be sited and landscaped to retain visual appeal.

(7) The Board may require the construction of active recreational improvements such as tennis courts, fitness trails and related equipment, sports fields and the like in planned residential cluster developments. Such facilities shall be located and screened to provide privacy for the users and to avoid nuisances such as noise and glare with respect to the residential uses within the development.

(8) The Board may determine that good planning and use of resources on a community-wide basis requires that active recreational improvements that would otherwise be required within a cluster development be waived and instead the developer be required to contribute to a fund to be used by the Township only for the provision of open space and/or recreational facilities elsewhere in the Township of Plainsboro in the vicinity of the development. Such fund shall be used only in accordance with the Township’s Open Space Plan as set forth in the Master Plan of the Township and in accordance with the Capital Improvement Plan of the Township as approve by the Township Committee on recommendation from the Planning Board.

(9) Where the Board determines that active recreational improvements will be waived, any approval by the Board for development shall contain findings of fact as to the need to devote recreational resources elsewhere and shall, as a condition of such development approval, require the applicant to enter into an agreement with the Township Committee to pay its fair share of the cost of such active recreational improvements. The agreement shall provide for payments in amounts and at development milestones as has been applied to other interested parties similarly situated to the developer in question within the R-300 Zone. Such amounts shall be determined by considering the amounts previously paid in similar situations, the amount of cost and expenses saved to the developer by waiver of provisions for active recreational improvements otherwise required and the impacts of the recreational needs and demand of the future residents of the development.

(10) Residential clusters and supporting infrastructure shall be designed and located to avoid environmentally constrained area. Where feasible, structures shall be located along wooded areas to provide summer shade and shelter from winter wind and to enable structures to be visually absorbed by natural landscape features; and not blocking or interrupting scenic vistas.

(11) A limited variety of plant material shall be used to create a well integrated neighborhood landscape. This is particularly important in front yards. The use of indigenous plants which are native to the Township is strongly recommended. Because these plants are well adapted to the locality and its climate and they are disease-resistant, they are much more likely to prosper. The minimum planting requirements per homesite shall be two street trees, 2 1/2 inches to three inches caliper, B&B (by way of example green ash, sweetgum, American sycamore, silver linden); two canopy trees, 2 1/2 inches to three inches caliper, B&B (by way of example red maple, river birch, pin oak, Tupelo) and two flowering trees, eight feet to 10 feet in height, B&B (by way of example flowering dogwood, American holly, eastern redbud and sweetbay magnolia).

(12) All residences shall be provided with an attached or detached garage that houses two cars. Garages may be designed with front or side entry.

(13) The minimum tract frontage shall be 700 contiguous feet for at least one frontage on an existing public arterial or collector street.

(14) The following minimum design, bulk and area requirements shall apply to the review and approval of a proposed Type III planned residential cluster development:

(a) Impervious surfaces, in the aggregate, shall not cover more than 40% of the residential area of the tract.

(b) Dwelling units within the planned residential cluster development shall be served by newly constructed residential streets. Where the tract abuts existing arterial or collector roadways, the frontage shall be reversed so that the dwelling lots contiguous to such existing streets shall front on newly created local streets or cul-de-sac. Such contiguous individual dwelling lots shall be designed with an additional lot depth of 75 feet in addition to the depth required in Subsection D(14)(d)[3] below. The additional lot depth shall be encumbered by a conservation easement to be used exclusively for planting, screening and landscaping of earth berms to be constructed by the developer and maintained by the individual lot owner. Alternatively, the additional depth may be consolidated with abutting lands into a landscaped buffer feature to be owned and maintained by a homeowners’ association, all as determined by the Planning Board.

(c) All residences shall be served by public or franchised water service and public sanitary sewer service.

(d) The minimum lot area for a residential lot shall be 16,500 square feet. The average lot area, including one dwelling, its accessory uses and private open space, shall not be less than 22,000 square feet. The following additional bulk standards shall apply:

[1] Frontage. Minimum street frontage shall be 70 feet, except that the frontage may vary by waiver in accordance with § 101-1 of this chapter.

[2] Lot width. Minimum lot width shall be 110 feet, as measured at the front yard setback line.

[3] Lot depth. Minimum lot depth shall be 150 feet.

[4] Front yard. Minimum front yard depth shall be 40 feet.

[5] Side yard. Minimum side yard width shall be 10 feet.

[6] Rear yard. Minimum rear yard depth shall be 25 feet on all interior lots, but in no case shall a rear setback line be closer than 50 feet to a boundary line of an adjacent parcel of land or existing right of way.

[7] Building height. Maximum building height shall be 35 feet.

(e) Developers of planned residential cluster developments shall be required to contribute their fair share of off-tract intersection and road improvements as determined and described in the Township Master Plan Circulation Plan Element. The submitted plan for a planned residential cluster development shall provide for the developer to construct on-site and off-tract pedestrian sidewalk and pathway systems as set forth on the Pedestrian Circulation Plan of the Circulation Plan Element of the Township’s Master Plan.

(15) Land permanently set aside for conservation, open space and/or recreational uses shall either be offered for dedication to Plainsboro Township for such uses, deed restricted to remain with the original property owner, dedicated to a nonprofit organization found acceptable to the Planning Board and/or protected by a homeowners’ association. Any such legal vehicles used to own, preserve and maintain the conservation, open space shall be reviewed and approved by the Planning Board Attorney. The open spaces and landscaped features shall be maintained in accordance with a land management plan prepared by the developer and reviewed and approved by the Planning Board.

(16) The Planning Board may conditional any final development approval upon the applicant’s agreement to make certain site preparations improvements, which may include, but are not limited to, the following:

(a) Removal of dead or diseased trees.

(b) Thinning of trees or other growth to encourage more desirable growth.

(c) Removal of trees in areas planned for ponds, lakes or active recreational facilities.

(d) Grading and seeding.

(e) Improvements or protection of the natural drainage system through the use of protective structures, stabilization measures and similar improvements.

(f) Improvements and landscaping of ponds and lakes to afford appropriate use and enjoyment by the residents.

(17) The Board may require portions of fee simple lots to be encumbered by conservation easements to protect valuable or sensitive natural features or landscape features in such lots.

(18) Freshwater wetlands shall be protected in accordance with the New Jersey Freshwater Wetlands Protection Act.[3]

[3] Editor’s Note: See N.J.S.A. 13:9B-1 et seq.

(19) No application for preliminary development approval shall be granted until the Township Engineer has approved conceptual plans for potable water supply and sewage disposal to serve the proposed residential uses.

(20) A planned residential cluster development shall be designed in all respects to minimize the alteration of the natural terrain and to fit into the open space environment of the R-300 Zone. In this connection, flexibility and variety in lot and building layout, roadway alignment and design, utility design and other site improvements may be required by the Board to achieve these objectives.

E. Low- and/or moderate-income dwelling units subject to the following standards:

(1) The land associated with such use shall include undeveloped land not designated as preserved farmland or open space in the Township Master Plan, contain a minimum of 30 acres, have a minimum frontage of 1,000 feet on a minor arterial roadway, and be owned by the Township.

(2) Affordable housing units shall be constructed to meet the Township's affordable housing obligation as determined by the court. All affordable units shall be consistent with Plainsboro's Affordable Housing Ordinance[4] and the Uniform Housing Affordability Controls.

[4] Editor's Note: See Ch. 3, Affordable Housing.

(3) Residential density shall not exceed 10 dwelling units per acre on the portion of the tract dedicated to affordable housing. The residential density on the overall tract shall not exceed 3.5 dwelling units per acre.

(4) Outdoor recreational amenities and play space shall be provided within the development to serve the residential units being constructed subject to the approval of the Planning Board.

(5) Pedestrian and bicycle access to adjoining residential areas shall be provided where practical and feasible to do so.

(6) Building and improvement coverage shall not exceed 15% and 40%, respectively, of the land associated with the affordable housing development site.

(7) Building height shall be limited to 35 feet, with additional height allowed subject to Planning Board approval.

(8) The minimum building and parking setbacks from a public street and existing residential properties shall be 100 feet.

(9) Parking shall be provided that is consistent with the New Jersey Residential Site Improvement Standards (RSIS). All parking shall be adequately screened and/or buffered from abutting residential properties subject to Planning Board approval.

(10) All such development shall be served by public sewer and water systems.

F. Parks and playgrounds.

G. Conservation and open space areas, e.g., wilderness areas, forests, scenic areas and woodlot management.

H. Necessary public utilities and services pursuant to § 101-13.6.

[Amended 10-10-2018 by Ord. No. 18-13]

I. Cemeteries.

J. Volunteer first aid and rescue squad units and volunteer fire companies.

K. Child-care centers, subject to the minimum standards found in § 101-25F. Child-care centers as an accessory use are permitted subject to the standards contained in § 101-13.4.

L. Family day-care homes, subject to the terms set forth in the family day-care home definition in § 101-1.

M. Home occupations and professional offices, subject to the standards found in § 101-13.5.

§ 101-32.1 Procedural requirements and standards.

[Added 2-27-1989 by Ord. No. 0-89-2; Amended 2-28-1996 by Ord. No. 0-96-02; 7-22-1998 by Ord. No. 0-98-17]

The following procedural requirements and standards are required for all planned residential cluster Type III developments as outlined and described in § 101-32D above.

A. A developer seeking approval of a planned residential cluster development shall submit a general development plan to the Planning Board prior to the submission of any application for preliminary approval.

B. A general development plan shall include at least the following components:

(1) A general land use plan at a scale of one inch equals 100 feet, indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units to be provided and proposed land area to be devoted to residential and other uses shall be set forth. In addition, the proposed types of other uses to be included in the planned development shall be set forth, and a residential density shall be provided.

(2) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvement to the existing transportation system outside the planned development.

(3) An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

(4) A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.

(5) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.

(6) An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes to the site.

(7) A community facility plan indicating the scope and type of supporting community facilities.

(8) A housing plan outlining the number of housing units to be provided.

(9) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer and solid waste disposal.

(10) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interest of the public and of the residents who occupy any section of the planned development prior to the completion of the development.

C. During general development plan review, the following criteria shall be established to the satisfaction of the Planning Board prior to any grant of approval:

(1) Consistency with Township Subdivision and Site Plan Review Regulations,[1] except as modified herein.

[1] Editor's Note: See Ch. 85, Subdivision and Site Plan Review.

(2) The function and visual relationship between the planned residential cluster and adjacent developments.

(3) Consistency with the reasonable utilization of the land and orientation of buildings so as to take advantage of passive solar heating, summer breezes and scenic views, while minimizing exposure to winter winds.

(4) Pedestrian walkways and bike paths which are linked to existing and/or proposed off-site walkways, and bike path networks.

(5) Minimization of glare, noise and visual intrusion of parking lots to external roadways and adjacent developments through grading, berms and/or plantings.

(6) Satisfaction of the open space, recreational and conservation standards and purposes of this chapter.

D. Terms of approval and modifications.

(1) The term of the effect of any general development plan approval shall be determined by the Planning Board using the guidelines set forth in this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development

(2) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(3) The developer shall be required to gain the prior Approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development in any section of the planned development approved by the Planning Board.

E. A developer, without violating the terms of the approval pursuant to this act, may, undertaking any section of the planned development, reduce the number of residential units or density by no more than 15%.

F. Time for completion.

(1) Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit as set forth in the approved general development plan. If the municipality does not receive such notification as to the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

(2) If a developer does not complete any section of the development within eight months of the date provided for in the approved plan or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of the same to the developer and the approval shall be terminated 30 days thereafter.

(3) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development, which is the subject of that general development plan approval, within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

§ 101-32.2 Conditional uses.

[Added 2-27-1989 by Ord. No. 0-89-2]

In the R-300 Zone, the following may be permitted as conditional uses upon approval of the Planning Board, as provided in this chapter:

A. Agriculture, subject to the following conditions:

(1) Swine. The keeping or raising of swine shall not be allowed except as part of a general farming operation on a property of not less than five acres, and provided further that not more than 10 head plus one head additional for each three acres of area in excess of five acres shall be allowed in any case. No building or other enclosure for the shelter of swine shall be closer to any front, side or rear property line or zone boundary than 200 feet.

(2) Fowl and livestock limitations. No building, any part of which is closer to any front or side property line than 90 feet or closer to any R-85 Residence or GB Business Zone boundary than 200 feet or closer to a dwelling on an adjoining premises than 200 feet, shall be erected or used for the shelter of more than 100 head of fowl of all kinds or more than two head of other farm livestock.

(3) Side and rear yard setbacks. No building for the shelter of fowl or farm livestock shall be closer to any side or rear property line than 30 feet or closer to a dwelling on an adjoining premises than 100 feet.

B. (Reserved)[1]

[1] Editor's Note: Former § 101-32.2B, regarding home occupations, was repealed 8-12-1998 by Ord. No. 0-98-19. See now § 101-13.5.

C. (Reserved)[2]

[2] Editor's Note: Former § 101-32.2C, regarding professional offices, was repealed 8-12-1998 by Ord. No. 0-98-19. See now § 101-13.5.

D. Eleemosynary, charitable and philanthropic institutions, hospitals, nursing homes, convalescent homes, churches, parochial and private schools and nursery schools, subject to the following conditions:

[Amended 12-10-1990 by Ord. No. 0-90-24]

(1) Location. Such uses shall be located on a major or minor arterial.

(2) Lot area. A minimum lot area shall be five acres.

(3) Parking. All parking shall be on site and in accordance with the Site Plan Review Ordinance.[3]

[3] Editor's Note: See Ch. 85, Subdivision and Site Plan Review.

(4) Licenses. All state, county and local licenses are obtained.

E. Camps for children owned or operated by tax-exempt organizations, such as the YMCA, YWCA and the Boy Scouts or Girl Scouts provided that such camps shall be on lots of not less than 10 acres.[4]

[4] Editor's Note: Former Subsection F, which immediately followed, regarding family day-care homes, added 12-10-1990 by Ord. No. 0-90-24, was repealed 11-10-2011 by Ord. No. 0-11-13.

§ 101-33 Area and bulk regulations.

A. Lot area. The minimum lot area shall be 43,560 square feet, except that where any lot boundary is coterminous with the center line of any street or road, such area shall be exclusive of the right-of-way.

B. Frontage. The minimum street frontage shall be 200 feet.

C. Lot depth. The minimum lot depth shall be 200 feet.

D. Front yard. There shall be a minimum distance of 100 feet between any structure or building and the center line of any public street or the center line of any private road, easement or way which is used, owned or otherwise accessible to two or more properties or property owners by means of deed covenant, easement, past usage or mutual agreement and which is the sole or principal means of access to two or more properties in separate ownership, provided that no setback shall, in any case, be less than 75 feet when measured from the front property line.

E. Side yards. The minimum side yard setback shall be 20 feet.

F. Rear yard. The minimum rear yard setback shall be 50 feet.

G. Building height. The maximum building height shall be 35 feet.

§ 101-34 (Reserved)