[Amended 9-20-2000 by Ord. No. 18-00]
A.
Purposes. The purpose of the Rural Conservation District
is:
(1)
To protect the valuable and environmentally sensitive
areas of the Township of Jefferson from the adverse impacts of development.
(2)
To provide a regulatory mechanism through which appropriate
development can occur, considering the exceptional, unique, irreplaceable
and delicately balanced physical and biologically acting and interacting
natural environment.
(3)
To provide an equitable, understandable development
mechanism that establishes clearly definable goals and advances the
public interest by balancing the aforementioned environmental interests
with the rights of persons owning property in this District, through
the encouragement of development of compatible land uses in order
to improve the overall environment and economic basis of the area.
(4)
To recognize the legitimate aspirations of the property
owners of the District and to encourage development of compatible
land uses in order to improve the overall economic position of the
inhabitants of the area within the framework of a comprehensive environmental
design strategy which preserves the most ecologically sensitive and
fragile area from inappropriate development and provides adequate
environmental safeguards for the construction of any facilities in
the District.
(5)
To provide for the orderly development and effective
preservation of the environment of the Rural Conservation District
in order to ensure that the development is regulated in a manner that
is fair, efficient and effective as to those people owning property
affected by this section.
B.
LINKAGE
MASSING
Definitions. For the purposes of this section, unless
the context indicates a different meaning, the following definitions
shall apply:
An open space principle whereby large open space areas are
connected via appropriate linear open space. Stream corridors and
ridgelines are among areas which may be used to provide linkage.
The concentration of open space in large contiguous tracts
in appropriate areas.
C.
Submission requirements.
(1)
Preliminary design assessment. In addition to those
items required for submission in accordance with the Township of Jefferson's
preliminary major subdivision checklist, all applicants, for major
subdivisions within the Rural Conservation District, must also provide
a preliminary design assessment fulfilling the requirements for the
preliminary design assessment checklist. The assessment shall include
a graphic and narrative site feature inventory; all significant site
features, including all critical areas, vistas, ridgelines, wetlands,
floodplains, slopes, tree lines, stone rows, significant rock outcrops
and tree masses; rare and endangered species habitat; trout maintenance
and trout production streams; and any additional features uniquely
affecting the site.
(2)
Wildlife management plan. In projects involving 100
or more acres, a wildlife management plan shall be submitted. This
plan shall address measures taken to preserve and improve on-site
wildlife habitat. Rare and endangered species habitat protection shall
be addressed, if applicable.
D.
Zoning requirements.
(1)
Principal permitted uses and structures. The following
uses and structures shall be permitted in the Rural Conservation District:
(a)
Detached single-family dwellings.
(b)
Farms containing a minimum of five acres. It
is intended that a single-family residence may be established on the
same lot used for agriculture purposes as set forth in the Township's
Zoning Ordinance. In that event, a one-acre portion of the lot shall
be designated for the proposed residence.
(c)
There shall be no more than one principal structure
on each lot.
(d)
Parks.
(2)
Permitted accessory uses. The following accessory
uses shall be permitted in the Rural Conservation District:
(4)
Bulk requirements and other conditions. The following
requirements are applicable to the Rural Conservation District:
(a)
Density: The maximum permitted density shall
be one unit per five acres.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum lot depth: 250 feet.
(e)
Front yard setback: 75 feet.
(f)
Side yard setback: 35 feet (each).
(g)
Rear yard setback: 100 feet.
(h)
Maximum building envelope size shall be 40%
or 20,000 square feet, whichever is less.
(i)
Maximum lot improvement disturbance shall be
40,000 square feet plus 10,000 square feet for each additional whole
acre. Lot improvement disturbance shall include all areas disturbed
for the purpose of the construction of buildings and structures as
well as all graded areas and lawns. The total shall include disturbed
areas both inside and outside of the building envelope.
(j)
Maximum total tract disturbance for public improvements,
including streets and stormwater management facilities: 7% of the
gross tract area. All improvements related to disturbance shall be
included in the calculation, including areas of grading and vegetation
removal as well as cartways and basins.
(k)
Minimum setback of building envelope from existing
lakes, ponds or wetlands: 100 feet.
E.
Design standards. The following criteria shall be considered design standards pursuant to Article VI of the New Jersey Municipal Land Use Law. It is recognized that all of these standards may not be achievable on every subdivision. For this reason, each application shall be carefully considered and, where appropriate, waivers shall be granted.
(1)
Locating building envelope. These standards aim to
ensure that the disturbed areas of any parcel are to the maximum extent
possible not visible from municipal roads and situated so as to minimize
the impact of construction on the sensitive environment and to protect
the rural character of the area as set forth in the purpose of this
section. The standards to be adhered to are as follows:
(2)
Clustering. In order to minimize the impact development
shall have within the Rural Conservation District, clustering is strongly
encouraged. The standards contained in this section shall be strictly
adhered to, unless extraordinary circumstances exist. These standards
shall constitute conditions of a conditional use as set forth in the
New Jersey Municipal Land Use Law.
(a)
Clustering shall be permitted upon the submission
of an acceptable open space management plan.
(b)
The minimum tract area for the use of the cluster
option shall be 25 acres.
(c)
Minimum lot size shall be one acre.
(d)
The minimum common open space shall be 10 contiguous
acres. Open space and conservation easement areas shall be designed
with massing and linkages as guiding principles.
(e)
Each area of common open space shall have at
least two fifteen-foot-wide pedestrian access points accessible from
a public roadway.
(f)
If an open space management plan, acceptable
to the Land Use Board, is not possible, then the building lots shall
be increased in size to include the entire tract area and conservation
easements will be used to restrict the area identified as open space
on the cluster plan.
[Amended 12-18-2019 by Ord. No. 19-28]
(g)
The option as to whether a particular tract
is suitable for development utilizing the cluster option shall rest
with the approving agency. Any application proposing to utilize the
cluster option shall first present to the approving agency a concept
plan showing the alternative conventional development to assist in
determining the suitability of the tract for the cluster development
proposed. The approving agency shall make a specific finding and conclusion
as to the suitability for the tract to be developed with the cluster
option and shall adopt the finding by resolution prior to hearing
testimony or acting on the subdivision. In reaching its decision,
the approving agency shall take into account the environmental constraints
of the proposed site, the size, shape and proposed use of any and
all open space parcels created, the alternative conventional development
plan and the effect of the proposed development on the Master Plan
of the Township of Jefferson.
[Amended 2-21-2001 by Ord. No. 6-01]
(h)
The maximum allowable overall density for any
tract that receives cluster development approval shall not exceed
the density that the developer would have obtained using a conventional
development plan consistent with the zoning of the particular property
and taking into consideration any effects on development as a result
of all environmental constraints, the development standard ordinances
of the Township of Jefferson and the New Jersey State Uniform Site
Improvements Act.[1]
[Added 2-21-2001 by Ord. No. 6-01]
[1]
Editor's Note: See N.J.S.A. 40:55D-40.1 et
seq.
(i)
All cluster developments shall provide a natural
landscaped or combination natural and landscaped buffer, as deemed
appropriate by the approving agency, between the proposed cluster
development and any existing noncluster development at a minimum rear
yard setback for a conventional noncluster development for the zone
of the adjacent property being buffered.
[Added 2-21-2001 by Ord. No. 6-01]
(j)
Open space areas created shall be made available
to the Township for public dedication. The approving agency shall
consider the suitability and adaptability of the land for the purpose
or purposes proposed, including physical characteristics, geographical
location, accessibility, relationship to the Master Plan, expenditures
required to improve said land or otherwise make it suitable for the
use proposed and all other factors which would normally be considered
if such lands were being considered for purchase instead of acceptance
for cluster development credit, and shall report its findings to the
Township Council.
[Added 2-21-2001 by Ord. No. 6-01]
(k)
A report shall be sought from the Environmental
Commission, Recreation Advisory Board, Board of Education and Division
of Health and may be sought from any other advisory group which may
have particular expertise relevant to consideration of the proposed
site.
[Added 2-21-2001 by Ord. No. 6-01]
(l)
The Township Council shall make the final determination
as to whether lands proposed for public open space are suitable for
dedication. The Township Council shall provide the Land Use Board
with a report of its determination as to the suitability of the open
space for dedication.
[Added 2-21-2001 by Ord. No. 6-01; 12-18-2019 by Ord. No.
19-28]
(m)
In the event that the Township Council deems that the proposed open space is necessarily not suitable for dedication to the municipality, the same shall be deeded to a homeowners' association which association shall meet all of the requirements of § 490-22D entitled "Homeowners' association provision."
[Added 2-21-2001 by Ord. No. 6-01]
(3)
Conservation easement/deed restriction. Applications
before the Board shall be required to provide appropriate conservation
easements and deed restrictions when sensitive environmental areas
are encountered.
(a)
Conservation easements shall be required for
all wetland areas and required transitional areas.
(b)
Critical areas located outside of the building
envelope shall contain conservation easements. These critical areas
shall include slopes in excess of 30%, floodplains and open water
bodies.
(c)
All subdivision plats shall contain a reference
to any required conservation easement.
(d)
The maximum tract density shall not exceed one
unit per five acres.
(4)
Driveways. It is the intent of this subsection to
use private drives for access to the residential lot providing. In
addition to the requirements of the Township's driveway ordinance,[2] the following standards shall be satisfied:
(a)
The number of driveways accessing off-site public
streets shall be kept to a minimum.
(b)
The appropriate use of common driveways is encouraged.
Where lots will access an off-site public street, common driveways
shall be used where appropriate to minimize the number of curb cuts
required.
(c)
The maximum number of units served by a common
driveway shall be four.
(d)
Maximum length of common driveway: 1,000 feet.
(5)
Landscaping and lawns. The goal of this subsection
is to limit the disturbance and impact associated with establishment
of extensive residential lawns.
(a)
Existing vegetation shall be preserved in the
areas where the disturbance is not necessarily outside the building
envelope.
(b)
The creation of lawn area in excess of 20,000
square feet is prohibited. Lawn area shall be included in the total
lot disturbance calculation. In instances where a lot includes open
field areas, these areas may be seeded without being included in the
20,000 square feet for lawn areas or the total site disturbance calculation.
(c)
Where landscaping is proposed, native species
shall be included in the design.
(d)
Where building envelopes are located in woodlands,
a treed area of at least 30 feet between the building envelope and
the common drive or roadway shall be retained.
(6)
Fencing. In order to maintain natural, undisturbed
appearances, fencing is discouraged. Where fencing is needed, the
following standards shall be met:
(a)
Perimeter fencing of lots is prohibited.
(b)
Fencing may be constructed on the perimeter
of or within the building envelope area of lots.
(c)
The fencing restrictions shall not apply to
agricultural uses as defined in the Zoning Ordinance.
(d)
Critical areas located outside of the building
envelopes shall not be fenced.
(7)
Accessory structures and buildings.
(a)
Accessory structures and buildings shall be
located within the building envelope areas except as otherwise permitted
in this section.
(b)
Driveways, septic areas and wells may be located
outside the building envelope.
(c)
Existing structures.
[1]
Where a tract contains existing structures deemed
to be of historic or architectural significance and where these structures
are suitable for rehabilitation, the structures shall be retained.
(d)
Exemption. The aforementioned standards shall
apply to all new minor and major subdivisions within the Rural Conservation
District. Nothing herein shall be construed so as to restrict lots
legally in existence prior to the date of adoption of this section.
These existing lots may be developed with single-family uses in accordance
with the provisions of the R-40 Ordinance.[3]