§ 200-238. Calculation of gross density and floor area., Article XXXI. General Provisions and Supplemental Regulations Governing Certain Uses, Part 4. Zoning, Chapter 200. Land Use, Part II. General Legislation, Code of Ordinances, West Windsor

Adjustments required.

(1)

The maximum permitted FAR as contained in various nonresidential zoning districts as well as the permitted residential density in residential zoning districts of this Part 4 are to be amended according to the following reduction schedule in recognition of the extent of environmentally constrained areas located on a tract. Environmentally constrained areas shall include areas designated as freshwater wetlands, as delineated by an applicant and as approved by the New Jersey Department of Environmental Protection or other governmental agencies, and water bodies as generally indicated on the most recent edition of the New Jersey Department of Environmental Protection wetlands maps contained on United States Geological Survey Topographic Quadrangle maps. Also included as environmentally constrained areas shall be areas within the one-hundred-year floodplain as indicated on the New Jersey Delineation of Floodway and Flood Hazard Areas Map (DFFHA.) Detailed soil engineering and geotechnical test data undertaken in accordance with acceptable engineering standards and practices or permits received from governmental agencies having jurisdiction over such wetlands, water bodies or floodplains indicating a different geographic area may be submitted by an applicant if the applicant seeks amendment to the boundary limits which define such environmentally constrained areas depicted by the New Jersey Department of Environmental Protection wetlands maps and DFFHA.

(2)

Multiple environmentally constrained areas on a tract shall be additive, except those instances where various environmentally constrained areas overlap. In overlap cases, the largest constrained area shall be used for calculation purposes.

(3)

The FAR or residential density permitted by a particular zoning district for a tract containing environmentally constrained areas shall require an adjustment to be made based on the following chart. Once the reduction factor is determined, it shall be subtracted from the base FAR or residential density allowed in the zoning district to arrive at the adjusted FAR or residential density permitted for a parcel containing environmentally constrained areas.

	Extent of Environmentally Constrained Areas Expressed as % of Total Tract	Percent Reduction of Maximum Base Permitted FAR/ Residential Density
	0 to 30	None
	31 to 50	40
	51 to 60	60
	61 to 100	85

(4)

By way of example in application of the above chart, if a tract located within a nonresidential zone permitting a maximum FAR of 0.30 contained 70% environmentally constrained areas, the adjusted maximum permitted FAR would be 0.045, derived as follows:

(a)

Maximum base permitted FAR = 0.30.

(b)

Percent reduction due to environmentally constrained areas = 85%.

(c)

FAR reduction = 0.30 x 85% = 0.255.

(d)

Adjusted maximum permitted FAR= 0.30 - 0.255 = 0.045 FAR.

(5)

The Planning Board, upon review of a development application containing environmentally constrained areas, shall evaluate the resultant adjusted FAR or residential density, including those instances where no adjustment results through application of the above table, with respect to its impact on a site's environmental resources, and may further reduce the adjusted FAR or residential density by up to 50% if the proposed development application cannot assure positive findings with respect to the following performance criteria:

(a)

The development application's compliance with all applicable transition buffers and/or setback limitations that may be required by the New Jersey Department of Environmental Protection pursuant to the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:7A-1 et seq., Freshwater Wetlands Protection Act.

(b)

The extent to which fill or encroachment exceeds that allowed by the New Jersey Department of Environmental Protection with respect to wetlands or floodplain disturbance.

(c)

Bulk variances are not requested as a result of an attempt to utilize adjusted FAR building potential or residential density.

(d)

Site design and development on upland portions of the site cause significant degradation of groundwater or surface water quality and further significantly impair the wetland's or floodplain's environmental and hydrological purposes as defined by standard engineering and environmental resource protection practices.

Editor's Note: Original Section 22-9.16, Calculation of Floor Area, which immediately followed this subsection and containing portions of Ord. Nos. 87-20 and 90-12, was repealed in its entirety by Ord. No. 91-23.