13-7.1502B Required Conditions for Age-Restricted Condominiums.



The following requirements apply to age-restricted condominium development pursuant to Section 13-7.1501B.

A. Minimum Tract Size. A minimum tract of contiguous parcels comprising an area of not less than 50 acres is required (the "Development Tract").

B. Gross Residential Density. The gross residential density for the Development Tract shall not exceed 5.0 dwelling units per gross acre, provided however, that total dwellings shall be 260 units, unless that number is reduced pursuant to Paragraph D hereof.

C. Conceptual Site Plan. The development shall be substantially consistent with the Conceptual Site Plan prepared by Ritter & Plante Associates, dated , May 23, 2003, revised to August 26, 2003 (the "Conceptual Site plan") and shall comprise three (3) buildings, each containing three (3) floors over a partially exposed parking level, with "partially exposed" meaning that some portions of the parking levels may be at grade, while other portions of the parking levels may be partially below grade. No more than 90 dwelling units shall be contained in a single building.

D. Set Aside Provisions. Twenty percent of the housing units provided on site shall beset aside as low and moderate income owner-occupied

**Webmasters Note: There is a page missing from the original document and will be inserted upon receipt.

H. Property Dedication. The undisturbed area of the Development Tract (comprising Block 9302, Lot 1, and Block 9401, Lot 13), substantially as depicted on the Conceptual Site Plan, shall be preserved in its natural state pursuant to a conservation easement enforceable by the Township. Furthermore, the developer shall deed restrict against further development and offer to dedicate to the Township Block 9401, Lots 1 and 12 (the "Dedicated parcels").

1. Steep Slopes and Ridgelines. By clustering development in one area of the Development Tract, providing structured and surface parking, and providing a conservation easement over the undeveloped portion of the Tract, the Conceptual Site Plan adequately reduces and minimizes the disturbance of steep slopes and ridgelines. Consequently, and in furtherance of providing affordable senior housing, the provisions of Section 13-7.818 shall not apply to development of the Tract in accordance with the Conceptual Site Plan.

J. Landscaping and Tree Conservation. As part of a development application implementing the Conceptual Site Plan, the developer shall include a comprehensive landscaping and tree conservation plan covering the Development Tract, which plan shall have been approved by the Township Planner. By clustering development in one area of the Development Tract, providing structured and surface parking, providing a conservation easement over the undeveloped portion of the Tract, and incorporating the approved landscaping and tree conservation plan, the Conceptual Site Plan adequately reduces and minimizes the disturbance of trees. Consequently, and in furtherance of providing affordable senior housing, the development of the Tract in accordance with the Conceptual Site plan and the approved landscaping and tree conservation plan shall be deemed to satisfy the requirements of Ordinance Section 13-11 regulating Tree Conservation, 'and no payments for the removal or replacement of trees shall be due.

K. Internal Roadways and Detention Basins. All internal roadways and detention basins constructed in the Development Tract shall be privately owned and maintained by a condominium owners' association and shall be in accordance with the Residential Site Improvement Standards.

L. Public Transportation. A condominium owners' association shall provide for the local public transportation needs of the senior occupants of the development, with ."local" meaning within the Township and a 5 mile radius around the Township's boundaries. The developer shall contribute to the association the initial funds necessary to acquire or lease, operate and maintain a new bus and to provide local bus service similar to the Township's "Dial-a-tide" program. The developer's obligation to fund the operation and maintenance of said local bus service shall cease upon

**Webmasters Note: There is a page missing from the original document and will be inserted upon receipt.

**Webmasters Note: The previous section has been added as per Ordinance No. 02-05.

13-7.1503 Procedural Requirement.

A. Site Plan Application. All applicants for development in the R-5 Multiple Family Residence Zone shall be required to submit a site plan to the Planning Board pursuant to the provisions of Article 5 for its review and approval.

B. Subdivision Application. Where a development in the R-5 Multiple Family Residence Zone will also require the subdivision of land, the applicant shall file a concurrent application for subdivision pursuant to the requirements of this Ordinance.

C. Sedimentation Control Plan. Every application for development in the R-5 Multiple Family Residence Zone shall be accompanied by a sediment control plan which shall be reviewed and approved in accordance with the provisions of State\ statutes:

D. Environmental Impact Statement. Every application for development in the R-5 Multiple Family Residence Zone shall be accompanied by an environmental impact statement which shall be approved by the Planning Board after review and recommendation by the Roxbury Environmental Commission.

13-7.15A R-6 PLANNED RESIDENTIAL CLUSTER DISTRICT

13-7.15A01 Permitted Use.

This district permits residential single family development planned as a single development project for the entire district. Thee development shall be substantially consistent with the conceptual site plan design prepared by Johnson Engineering Incorporated -Engineers, Surveyors, Landscape Architects, and Planners of Morristown, NJ, dated October 1, 1993, revised to May 8, 1996. Within this zone the total number of units may not be increased beyond that permitted below. Development in the zone shall meet the following required conditions.

13-7.15A01A Permitted Accessory Uses

Accessory uses permitted in the R-1 Zone.

13-7.15A02 Zoning Standards.

The following requirements must be compiled with in the with in the R-6 Residential District.

A. Minimum Development Tract Size. There shall be a minimum development tract size of 175 acres which will be planned, approved and developed as a single entity. Properties not meeting the minimum development tract size shall be developed in accordance with the R-1 District requirements.

B. Density. The maximum density shall be 1.10 dwelling units par gross acre; however, total units shall not exceed 190 units as specified in 13-7.15A01 above.

C. Minimum Lot Area. There shall be a minimum lot area of 10,000 square feet far each lot. However, up to 10% of the lots may be reduced to a minimum area of 8,500 square feet, having a minimum lot width of 85 feet.

D. Front Yard. There shall be a minimum front yard setback of 25'.

E. Side Yard. There shell be two minimum side yard setbacks of 15' each.

F. Rear Yard, There shall be a minimum rear yard setback of 30'.

G. Usable Rear Yard. There shall be a usable rear yard of a depth not less than 20' having a slope not exceeding 15%. Lots which cannot achieve the minimum usable rear yard shall be permitted where building construction, grading, drainage, retaining walls, decks or other methods are utilized to minimize the disturbance of slopes exceeding 15% to the reasonable satisfaction of the Planning Board.

H. Lot Width. Except as provided for in (C) above, there shall be a lot width of not less than 100' measured along the front setback line. On cul-de-sac bulbs, the minimum lot width may be reduced to 85' provided that the 10,000 square foot lot area is met, without reducing lot areas as provided for under (C) above.

1. Building Height. Notwithstanding 13-1.2, no building shall exceed a maximum of 35' as measured as the vertical distance from the average ground elevation around the foundation to the level of the highest point of the roof surface If the roof is flat, or in the case of sloping roofs, to a point one half the distance between the top of the uppermost plate and the highest point of the roof.

J. Intensity of Development and Lotting Pattern. Pursuant to the discussions between the Township and the representatives of the lands within this zone, which discussions have led to a Mount Laurel Agreement, and to the establishment of the zone, the intensity of development shall be a maximum total of 190 single family units. The layout of the units, lots and roadways within this zone shall be substantially In keeping with the conceptual site plan prepared by Johnson Engineering Incorporated - Engineers, Surveyors, Landscape Architects and Planners of Morristown, NJ, dated October 1, 1993, revised to May 8, 1996.

K. Common Open Space Requirements. Notwithstanding 13-7.3506H1, at least 35% of the total land area of the development tract shall be devoted to common open space, as defined herein Said open space may be developed with active or passive recreational facilities or may remain undeveloped. A minimum of one tot lot with seating and landscaping or play field with children playground, seating and landscaping shall be incorporated in the open space and connected to the sidewalk network. The common open spaces where not developed, shall be kept in their natural state, except that street trees will be provided as required by the Planning Board, The open space shall comply with the provisions of Section 13 7.827 L, M and N.

L. Ownership of Common Open Space. The common open space shall be owned by a homeowners association. However, at the developer's option and upon approval of the Township Council, the common open space may be deeded to the Township, including detention basin facilities, provided that the developer contribute an amount to be determined by the Township toward future maintenance.

M. Sections 13-5.103 and 13-5.104 shall be omitted when property is developed in accordance with 13-7.15A01. In lieu thereof, developer shall provide population -projections with breakdown of school age-children.

N. Accessory Structures. Accessory structures shall have minimum side and rear yard setbacks of 5 feet. Private swimming pools shall have side and rear yard setbacks of 10 feet.

0. Reverse Frontage Lots. Where a lot has frontage on Villages Boulevard without direct access thereto, accessory buildings, private swimming pools and fences not exceeding 6 feet in height shall be provided with a minimum rear yard setback of 25 feet from the right-of-way, and evergreen landscaping shall be provided between the structure and the right-of-way.

13-7.15A03 Required Design Conditions.

The following design standards must be complied with in the R-6 Residential District.

A. Notwithstanding 13.8.202A and 138.205F, the layout of dwellings, lots and roadway shall be in accordance with the requirement identified in section 13 7.15A02(J). However, developer will provide for sight easements at intersections.

B. Slopes. Each lot created shall have an area of 10,000 square feet (or 8,500 sf if reduced per 13-7.15A02(C) containing slopes less than 20% in accordance with the requirements identified in Section 13-7.15A02(J). The provisions listed in Section 13-7.818 shall not apply in this zone as it is exempt under 13-7.818D.1 when developed in accordance with the permitted use and approved conceptual site plan and providing off-site affordable housing. Not more than 15 acres of slopes in excess of 20% shall be disturbed for the entire project.

Where residential lots contain slopes of 20% or more and/or where such slopes will be disturbed for the development of lots or housing structures, detailed architecture and grading may be required for individual lots to minimize slope disturbance. Where necessary, the architecture of the unit may be required to be altered to accommodate slopes with the least possible impact. 10' contour intervals shall be utilized for all slope calculation purposes as shown on the conceptual site plan identified in 137.15A02(J). Notwithstanding the provisions of 13-8.605A, for engineering design purposes, construction drawings, site plans, on subdivision plans and profiles will be prepared at 1" = 50' using 2 foot contours and plan and profiles may be on separate sheets.

C. Notwithstanding 13-8.806.3, a buffer strip of no less than 30' shall be located along Shippenport Road. The buffer strip shall contain deciduous trees, evergreens, shrubs, berming and fencing reasonably deemed to be sufficient by the Planning board to screen the residential uses from the roadway. This buffer strip shall be deed restricted as an easement and the individual lot owners shall be responsible for its maintenance. On all other reverse frontage lots, landscape buffers will be provided.

D. Direct access from any lot to Shippenport Road will be prohibited by a deed restriction imposed on the lot.

E. Notwithstanding Sections 13-8.604A, 13-8.201 B, 13-8.201 C and 13-8.205F, the road and lot layout shall be in accordance with the requirement identified in Section 13-7.15A02(J). However, no cul-de-sac will permit more than 25 residences unless there is an emergency access or boulevard type entrance provided, whereupon there can be up to 35 residences on a cul-de-sac.

However, sight easements at intersections will be provided.

F. A minimum centerline radius of 150' shall be maintained on all roads except collector roads which shall have a minimum centerline radius of 300'.

G. The residential collector streets shall have a minimum 36' pavement width. Residential access streets will have a minimum pavement width of 30' with a 6" crown. Cul-de-sac bulbs shall have a radius of 50' right-of-way and 40' pavement. All road and intersection grades shall not exceed 10% as shown on the conceptual site plan and profiles identified in Section 13-7.15A02(J) above. Notwithstanding 13-8.606, the maximum centerline grade for roads in a stop condition or through a cul-de-sac bulb shall be 5%. All roads will be dedicated to the Township. Notwithstanding 13-8.501 G11(d), all RCP classes shall meet ACPA standards for depth of cover.

H.No dwelling units shall be constructed in any power company easement area. All easements will be included in minimum lot size areas.

1. Notwithstanding the provisions of 13-8.4056, surface water may be diverted from one minor drainage basin to another provided that these minor basins both drain to the greatest extent possible to the same major drainage basin.

Stormwater measures will be designed using the "Q" for actual site conditions and will be designed to control the rate of runoff for the 2, 5, 10 and 100 year storm frequencies and meet water quality standards for a 1 year storm, for post development conditions.

J. In substitution of the provisions of Ordinance 9-94 and, notwithstanding 13-11, 13-8.808 and 13-8.803D, the site shall be reforested at a density of 2.0 trees per 2,500 square feet of disturbed building lot area and 2 per 2,500 sf for disturbed area of open space/detention/road area as directed by the Township Planner, not including street trees which will be planted 40' on center. Street trees will be deciduous hardwoods and be 2 1/2" to 3" caliper. All other tress will be of mixed variety of 2" - 2 1 /2 caliper.

K. Landscape Screening. Dwellings with rear yard exposure to interior roads shall be screened between the road and building with plantings consisting of

a combination of evergreen trees, shade trees, ornamental trees, and/or shrubs, as per 13-8.806.3

L. Detention basins shall be landscaped as directed by the Planning Board.

M. Architectural Design. There shall be a minimum of three different model types with varying architectural facades along each cul-de-sac and interior road. Each dwelling shall be provided with a garage for the storage of at least one car. All elevations facing streets shall, to the extent practicable, be articulated through window placement, roof pitch, wall setbacks, building materials, etc. No more than 30% of the dwellings shall have front elevations flush or even with the garage.

N. Identification signs. Notwithstanding 13-8.9, there may be two entrance monuments with signs constructed at the major point(s) of access to the community. Each sign shall be no larger than 30 square feet, shall not exceed 7' in height, and shall not obstruct sight triangles. To the greatest extent possible, these entrance signs and monuments shall be in keeping with the architectural theme of the development, subject to the review and approval of the planning board. Signs may be illuminated using low wattage (75 watts or less) flood lights.

0. Street Lights. Decorative street lights to be approved by the Planning Board and to be selected from an approved fixture list provided by Jersey Central



Power and Light Company and shall be located along existing and proposed streets where deemed necessary for safety.

P. Preliminary Approval. Due to the size and nature of the zone, the Planning Board shall grant a preliminary approval for a minimum of six years. There may be up to six model homes constructed, prior to final approval. At the developer's option, the site may be sectionalized.

Q. Notwithstanding the provisions of 13-7.819 and 13-8.205B, NJDEP regulations as to buffers and building setbacks from regulated features shall apply.

R. Notwithstanding the provisions of 13-B.803A, top soil in excess of 6" may be removed from the site upon issuance of a soil movement permit.

S. Notwithstanding 13-8.809B and 1 3-B.809J, all retaining walls involved in lot grading shall be approved by the Township Engineer.

T. Notwithstanding the provisions of 13.205A, all utility and drainage easement widths shall be 20' wide, except for sanitary sewer in excess of 15' deep as per Section 13-8.501 G8.

U. Notwithstanding the provisions of 13-8.300 & C, a soil erosion sediment control plan shall be prepared in accordance with and approved by the Morris County Soil Conservation District.

V. Notwithstanding the provisions of 13-8.500F, conduit or sleeves may be placed for the future laying of utilities.

W. Notwithstanding the provisions of 13-8.603L, there shall be a minimum tangent length of 100' between reverse curves.

X. The provisions of 13-8.6121 shall not apply.

Y.Notwithstanding 13-8.501 G11(d), all RCP classes shall meet ACPA standards for minimum depth of cover.

13-7.16 R-1.8 RESIDENCE DISTRICT.

13-7.1601 Principal Permitted Use

The R-1.8 Residence Zone is established and designed to encourage the development of low and moderate income housing through provisions for setaside units or monetary contributions for the construction of low and moderate income housing in Roxbury Township in order to meet the Township's obligations under the Mt. Laurel 11 decision of the New Jersey Supreme

Court and the Council on Affordable Housing pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and its attendant rules and regulations. Single-family detached dwellings are permitted when comprehensively designed on a residential neighborhood basis.

13-7.1602 Permitted Accessory Uses

Accessory uses permitted in the R-1 Zone.

13-7.1603 Permitted Conditional Uses

1. Home businesses.

13-7.1604 Prohibited Uses

Any use other than those uses listed in Subsection 13-7.1601, 13-7.1602 and 13-7.1603 above are prohibited.

13-7.1605 Required Conditions

The following requirements must be complied with in the R-1.8 Residence District.

A. Minimum Tract Size: The minimum gross tract size (including buffer areas, easements, open spaces and wetlands) authorized for development within this zone shaft be 1,5 acres.

B. Minimum Lot Area: Each lot shall contain a minimum lot area of 7,500 square feet.

C. Minimum Lot Width (measured at front yard setback):

D. Intensity of Development. Pursuant to discussions between the Township and the representatives of the lands within this Zone, which discussions have led to the establishment of the Zone, the intensity of development shall not exceed a density of 1.80 units per acre based on the total land area of the development, consisting of single-family detached dwellings. The development shall not exceed a total of 335 dwelling units.

E. Setaside Provisions. Provisions shall be made for a set aside of 80 on-site low and moderate income units pursuant to the requirements set forth in Subsection 13-7.826 Low and Moderate Income Housing and all other applicable provisions of this Chapter. or alternatively-, a monetary contribution to the Township housing Trust Fund in the amount of $1,600,000.00 for the construction of low and moderate income housing within Roxbury Township as evidenced by a developers' agreement with the Roxbury Township Council.

F. Setbacks: All buildings and structures shall be erected in accordance with the following:

1. Setbacks on Existing Roads. A minimum setback distance or front yard of fifty (50) feet shall be provided.

2. Setbacks on Minor Roads. A minimum setback distance or front yard of twenty-five (25) feet shall be provided.

3. Setbacks on Cul-de-sacs. A minimum setback distance or front yard of twenty (20) feet shall be provided.

4. Setbacks on Collector Roads. A minimum setback distance of twenty-five (25') feet shall be provided.

5. Rear Yard Setback:

a. Principal building: A minimum setback of twenty-five (25) feet shall be provided, except where a lot is adjacent to Mountain Road or Mooney Road, the setback shall be fifty (50) feet.

b. Accessory building: A minimum setback of five (5) feet shall be provided.

c. Private swimming pool: A minimum setback of ten (10) feet shall be provided.

6. Side Yard Setback. Each side yard setback shall be a minimum of ten (10) feet.

7. Boundary Line Setback. No building or structure shall be erected closer than twenty-five (25) feet to the zone boundary line within the R-1.8 Zone and buffer area of at least twenty-five (25) feet in width shall be maintained along said zone boundary. This provision shall not apply to existing road frontage which serves as a zone boundary. The buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen. Within the buffer area, no principal or accessory structure, nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to insure continuity of development with adjoining properties. The buffer area may be reduced or eliminated by the Planning Board where the development within the R-1.8 Zone is consistent or compatible with adjoining uses.

8. No lot shall access on Mountain or Mooney Road.

9. Reverse frontage and corner lots: Where a lot has frontage on Conkling Road or Mountain Road without direct access thereto, accessory buildings, private swimming pools and fences not exceeding six (6) feet in height shall be provided within a minimum rear/side yard of twenty-five (25) feet from the right-of-way, and evergreen landscaping shall be installed between the structure and the right-of-way.

G. Maximum Lot Building Coverage: 25%, Maximum Lot Coverage: 35%



H. Street Widths. Right-of-way and pavement widths of interior roads serving developments in the R-1.8 Zone shall be as follows:

All road right-of-way shall be dedicated to and maintained by the Township.