ARTICLE XIX R Residence Districts

§ 165-134. Permitted principal uses.

[Amended 5-27-1993 by Ord. No. 516-93; 12-8-1999 by Ord. No. 705-99]

The following uses are permitted principal uses:

A. One-family dwellings.

B. Two-family dwellings in the VR Zone only. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

C. Agricultural uses, excluding commercial greenhouses.

(1) Agricultural uses such as farms, orchards and the raising of livestock; provided, however, that the following activities shall be prohibited:

(a) The keeping of hogs on five acres or less.

(b) The housing of fowl or livestock closer than 50 feet to any property line.

(c) The housing of more than 100 fowl or two head of livestock closer than 100 feet to any property line.

(2) Animals shall have the following assigned values for purposes of determining the number permitted on a parcel of land, excluding a farm as defined in Part 2.

(3) One-half an animal unit shall be permitted on one acre of land, and one animal unit on each additional acre comprising a single parcel.

(4) Animals not exceeding 90 days of age, excluding poultry, shall not constitute any portion of the total of animal units per parcel of land. No fractional portion of an acre shall be considered as part of the whole for purposes of determining the permitted number of animal units.

(5) Animals presently owned that comply in number to prior provisions but exceed in number animals permitted by this chapter can be retained.

(6) The housing and care of all farm animals shall at all times be in accordance with recommended practices of the United States Department of Agriculture.

D. Municipal uses and facilities.

E. Planned unit development in the SR Zone and in areas designated for such use on the Zoning Map and as regulated in Article XXXII. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

§ 165-135. Permitted accessory uses.

[Amended 5-27-1993 by Ord. No. 516-93; 7-26-1995 by Ord. No. 588-95; 12-8-1999 by Ord. No. 705-99]

The following are permitted accessory uses:

A. Private garages.

B. Normal residential storage structures.

C. Other normal residential structures, such as private swimming pools, fireplaces, pet shelters, trellises, lamp posts, patios and decks that are utilized with and form a part of an accessory structure and not attached or utilized with the principal building and other similar or like uses. [Amended 6-28-2000 by Ord. No. 723-00]



D. Off-street parking areas in accordance with § 165-71 A(10).

E. Signs, in accordance with § 165-109, Signs, of this chapter.

F. The sale of seasonal farm produce which has been raised on the property from which it is to be sold, provided that the sale of such produce takes place no closer than 50 feet to any side lot line nor 25 feet from the edge of the pavement in the street.

G. Uses by temporary permit, as regulated in § 165-101.

H. The office or studio of a doctor, physician, surgeon, dentist, teacher of academic subjects, artist, musician, lawyer, architect, engineer or like professional person as may be determined by the Board of Adjustment, residing on the premises, provided that not more than one person not a resident in said dwelling is employed in such office and not more than 1/3 of the floor area of one story of the dwelling nor 500 square feet, whichever is the lesser, is devoted to such use.

I. Customary home occupations which may include family day-care home, millinery, dressmaking, cabinetmaking, handicraft and radio, television or small appliance repair shops, provided that there is no advertising display visible from the street, other than a sign not exceeding two square feet in area, and such occupation or use does not occupy more than 1/3 of the total floor area of one story of the dwelling or 500 square feet, whichever is the lesser. "Repair shop" shall not include the repair of motor vehicles or other large equipment or machinery.

J. Private greenhouses solely for the personal use of the property owner, provided that the total floor area of the greenhouse shall not exceed 0.75% of the lot area.

§ 165-136. Conditional uses.

[Amended 5-27-1993 by Ord. No. 516-93; 12-8-1999 by Ord. No. 705-99]

The following conditional uses, as regulated in Article XVIII, are permitted:

A. Churches and similar places of worship of recognized religious groups, which may include attendant parish houses, convents, religious education buildings, cemeteries and mausoleums.

B. Public and private schools teaching academic subjects.

C. Assisted living residences.

D. Community residences for more than six developmentally disabled persons and community shelters for more than six victims of domestic violence as conditional uses in accordance with the procedures and requirements of § 165-129.

E. Dish antennas as regulated in § 165-130.

F. Residential camps and conference centers.

§ 165-137. Zoning requirements.

[Amended 5-27-1993 by Ord. No. 516-93]

Except as otherwise provided in this part, the requirements and limitations contained in the Schedule of Requirements referred to in § 165-86 shall be complied with.

§ 165-138. Residential cluster and lot averaging.

[Amended 5-27-1993 by Ord. No. 516-93; 12-8-1999 by Ord. No. 705-99]

A. Residential cluster development.

(1) Residential cluster development shall be permitted on tracts of at least 25 acres according to the requirements outlined on the Schedule of Requirements in § 165-86, provided that open space is permanently preserved according to the following ratios: [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

(2) Areas reserved as permanent open space shall have a minimum contiguous area of not less than five acres and no portion thereof shall be less than 50 feet in width. At least 50% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township's Open Space and Recreation or Conservation Plans, including greenways.

(3) The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:

(a) Undeveloped open space.

(b) Public or private recreational facilities.

(c) Conservation of environmentally sensitive features, including, but not limited to, steep slopes, wetlands, floodplains, and wooded areas.

(4) Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization pursuant to Article XII.

(5) Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Clinton Township Master Plan or if said subdivision will, in any way, result in a land use pattern that will adversely affect that portion of the Township in which it falls. In all districts except R-1 and R-2, the cluster subdivision shall not result in a greater lot yield than conventional subdivisions, and the Planning Board may require the submission of a conforming, conventional subdivision in order to determine the lot yield. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

(6) Residential clustering is optional with the subdivider, and the foregoing requirements apply only if such option is exercised.

B. Lot averaging.

(1) Lot area range. [Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

(a) The Planning Board may approve a subdivision employing the use of lot averaging as defined in this chapter when the applicant proposes a distribution of lot areas within the development according to the following schedule:

(b) Lot averaging is specifically permitted for two-lot subdivisions in the R-1, R-2, RC, RR-4 and RR-4S Districts, provided that one of the two lots meets the above lot range requirements for the zone in which it is located.

(2) 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 or limestone bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or mature woodlands.

(3) Deed restriction. The deed for any lot created by lot. averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

(4) In all districts except R-1 and R-2, a lot averaging subdivision shall not result in a greater lot yield than conventional subdivisions, and the Planning Board may require the submission of a conforming, conventional subdivision in order to determine the lot yield. [Added 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

ARTICLE XX AH-1 Affordable Housing District

§ 165-139. Purpose.



The purpose of this Article XX is to establish regulations and standards controlling the development of land in specified areas of the Township with inclusionary provisions for the construction of low and moderate income housing units, all in accordance with the provisions set forth below and in accordance with the provisions of the New Jersey Fair Housing Act.

§ 165-140. Permitted principal uses.

Principal uses shall be limited to the following:

A. One-family dwellings as permitted and regulated in the R-1 Residence District.

B. One- and two-family dwellings, townhouses and apartments as herein regulated below in this article. At least 16% of the total number of housing units shall be limited to occupancy by low- and moderate-income households.

C. Sewage treatment plants, provided that the impervious surface coverage of the sewage treatment plant shall not be counted against the available impervious surface coverage. [Added 3-25-1993 by Ord. No. 509-93]

§ 165-141. Permitted accessory uses.

The following accessory uses are permitted in the AH-1 District.

A. Private garages.

B. Buildings for storage of maintenance equipment.

C. Off-street parking as hereinafter regulated.

D. Signs as regulated in § 165-109, Signs, this chapter.

E. Private recreation buildings and facilities, including swimming pools, intended for use by residents of the development.

§ 165-142. Permitted conditional uses.

[Added 3-25-1993 by Ord. No. 509-93]

The following conditional uses, as regulated in Article XVIII, are permitted:

A. Rental housing.

§ 165-143. Required conditions.

[Amended 10-10-1991 by Ord. No. 464-91]

The following zoning standards shall apply to development in the AH-1 District:

A. Density. [Amended 7-11-1988 by Ord. No. 377-88; 3-25-1993 by Ord. No. 509-93]

(1) The density of any development, exclusive of any rental component pursuant to §§ 165-131 and 165-142 shall not exceed four dwelling units per acre.

(2) Notwithstanding the foregoing provision, the maximum number of dwelling units to be constructed on Lots 18 and 31 in the AH-1 Zone, as presently shown on the Clinton Township Tax Map, is 1,140 units, exclusive of any rental component pursuant to §§ 165-131 and 165-142. In the event that the rental housing conditional use is utilized, then the maximum number of units shall be 1,256 on Lots 18 and 31.

B. Minimum lot area: 75 acres.

C. Minimum setback from boundary line streets and zone boundary lines: 100 feet

D. Maximum building coverage: 15% of the gross tract area for principal buildings, excluding structures with roofs but without walls, such as open porches attached to dwelling units, and excluding permitted accessory buildings, all of which shall combine with principal buildings for a total building coverage not to exceed 20% of the gross tract area.

E. Maximum height of building. No building shall exceed 35 feet in height or 2 1/2 stories from the mean elevation of the finished grade of the foundation, except that apartment buildings shall not exceed 40 feet in height and three stories, provided that:

(1) A maximum of 60% of the total housing units of the development can be contained in three-story, forty-foot buildings.

(2) A three story building shall include a sloped and variable roofline, within which a section of a three-story roof ridgeline cannot exceed an uninterrupted length of 50 feet.

(3) A maximum of 60% of the exterior elevation of any three-story building may exceed 35 feet.

(4) A three story building shall have a ground floor elevation that is at least 10 feet below the maximum elevation on the parcel.

(5) In the case of a stepped building, height shall be measured from the finished grade of the foundation of each building section occupying a common foundation elevation.

(6) A walk-out cellar shall not be considered to be a story for the purpose of determining building height.

F. Requirements for one- and two-family dwellings.



(1) The minimum lot area and bulk requirements for one-family dwellings shall be as follows:

(a) Minimum lot area: 5,000 square feet.

(b) Average lot area: 6,000 square feet.

(c) Minimum lot width: 55 feet.

(d) Minimum lot depth: 80 feet.

(e) Minimum side yard: seven feet each; for zero lot line: 14 feet one, zero feet other.

(f) Minimum front yard: 25 feet.

(g) Minimum rear yard: 15 feet.

(2) Decks to be permitted in side and rear yards to within five feet of property line. Porches, bay windows, and similar design elements permitted within required yards.

(3) For two-family dwellings, the lot area and bulk requirements for two-family dwellings in the AH-3 District shall apply.

G. Multifamily dwellings shall comply with the design standards and requirements contained in § 165-71B(7).

H. Accessory buildings.

(1) Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools and permanent recreation structures shall be at least 100 feet from a principal building and 50 feet from a property line.

(2) Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

(3) Garages. Garages may be built into the dwelling structure or separately constructed as hereinafter provided. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.

I. Off-street parking. Off-street parking shall conform to all applicable provisions of Part 6, Subdivision and Site Plan Review.