A. Townhouse complex and parcel requirements.

(1) The minimum frontage of a townhouse parcel upon a duly-accepted public street, improved at least to the standards of the street specifications of the City of Long Branch, shall be 150 feet.

(2) Each townhouse structure shall have a front yard, having a minimum depth of 35 feet from the parcel property line. Each townhouse structure shall be set back from any side or rear lot line a minimum distance of 20 feet.

(3) There shall be not more than 12 townhouse dwelling units per gross acre of townhouse parcel or such lesser density as is specified in the individual zone regulations. In the event that the parcel site to be developed as townhouse dwelling units is less than one gross acre in size, the maximum number of townhouse dwelling units to be developed thereon shall be reduced proportionately. The minimum parcel site to be developed as townhouse dwelling units shall consist of 30,000 square feet. [Amended 9-24-1996 by Ord. No. 31-96]

(4) All portions of a townhouse parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith.

(5) Every townhouse dwelling within a complex shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer. In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

(6) All utilities within a townhouse complex shall be installed underground.

(7) The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex, to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

(8) For purposes of meeting the requirements of 2 1/2 off-street parking spaces per townhouse dwelling unit, it shall be proposed where there is a separate driveway to a townhouse dwelling unit with a garage at the end of the driveway of such townhouse unit to count the garage as one off-street parking space and the driveway leading to the garage as another off-street parking space.

(9) Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to such areas.

(10) Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(11) Interior development, roads, parking areas and driveways. All interior development and parking areas shall be set back a minimum of 20 feet from any side yard or rear yard property boundary. All interior roads and driveways shall be set back a minimum of 10 feet from any side or rear yard property boundary and an additional 10 feet from any interior development.

(12) Open space and recreation. (See §§ 345-11X and 345-18.)

B. Townhouse private areas requirements.

(1) Each townhouse dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet.

(2) Each townhouse shall have direct access to common open space or public land or street from either the front or rear. Under no circumstances shall the arrangement of townhouses require the crossing of one townhouse lot or private ground area in order to achieve access to another townhouse.

(3) No detached accessory buildings shall be permitted within the private ground area. Accessory structures shall be within the private ground area and shall be limited to normal residential activities, such as outdoor barbecues, fireplaces and trellises, not exceeding the height of the fence or wall enclosing the private ground area.

C. Townhouse structure requirements.

(1) Not less than three or more than eight townhouse dwelling units shall be contained within any one townhouse structure.

(2) The front facade of any townhouse structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

(3) An overall theme of designs and architectural modes shall be utilized within every townhouse complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for townhouse dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each townhouse dwelling unit shall have at least two shade trees.

(4) The minimum distance between townhouse structures shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one townhouse structure be closer to another townhouse structure, measured at any angle, than 15 feet.

(5) No townhouse structure shall be located closer than 10 feet to any original townhouse parcel boundary.

(6) The maximum height of any townhouse structure shall be 35 feet and shall not exceed three stories as measured from the average finished grade immediately adjacent to the structure.

(7) There shall be two exits for each townhouse structure.

D. Townhouse dwelling unit requirements.

(1) The minimum floor area of a townhouse dwelling unit shall be 1,100 square feet for a one-bedroom dwelling and 1,200 square feet for a two-bedroom dwelling, of which at least 600 square feet shall be on the first floor. Each townhouse dwelling unit shall be a minimum of two stories in height.

(2) No floor area of a room having more than 1/2 of its height below the average finished grade immediately adjacent to the structure shall be countable toward meeting the minimum floor area requirement for dwelling units.

(3) Every townhouse dwelling unit shall have direct access to the private area which is provided for that dwelling. When fences are to be used, they shall be all uniform and comply with § 345-41.

(4) Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities.

(5) Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed). The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

(6) Each dwelling unit shall have a minimum width of 20 feet.

E. Application procedures.

(1) At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification if individual lots are to be created and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex, the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision whether or not subdivision is actually contemplated.

(2) A sketch plan of sufficient detail to show intent may be submitted informally to the Planning Board for discussion purposes prior to formal application for a permit at the discretion of the developer.

(3) During its review of the proposed townhouse complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

(4) A certificate of occupancy may be issued upon the completion of each townhouse dwelling structure, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.

F. Pending applications and variances.

(1) All applications for townhouse development filed with the Planning Board or Board of Adjustment prior to the introduction date of this chapter (March 12, 1991) may be continued and decided under those ordinances in effect as of the date of such filing, but any appeals arising out of decisions made on any such application shall be governed by the provisions of such ordinance in effect at the time of such appeal.

(2) All applicants who were granted variances for townhouse development by the Planning Board or Board of Adjustment prior to the introduction of this chapter, which as a result of the passage of this chapter would have expired as a result of the one-year limitation set forth Chapter 69, Land Use Procedures, § 69-24, Period of limitation, is hereby granted an additional ninety-day period from this date in which to obtain a building permit and comply with § 69-24.

Garden apartment or mid-rise apartment structures may be specified for and restricted to occupancy by senior citizens, as that term may be defined by the United States Department of Housing and Urban Development and the New Jersey Department of Community Affairs. In that event, the following standards shall override and augment the regulations of §§ 345-48 and/or 345-50 and/or 345-51 as appropriate. Except where contradiction or augmentation exists, however, the regulations of those sections shall apply.

A. No dwelling unit shall contain more than two bedrooms, and at least 80% of all units shall have not more than one bedroom.

B. Efficiency units shall have a minimum of 500 square feet of floor area.

C. One-bedroom units shall have a minimum of 650 square feet of floor area.

D. Two-bedroom units shall have a minimum of 800 square feet of floor area.

E. No more dwelling units shall be constructed than permitted by the following lot area requirements per unit:

F. Off-street parking shall be provided on the basis of the number of bedrooms per unit as follows:

(1) Efficiency units: 0.75 spaces per unit.

(2) One-bedroom unit: 0.75 spaces per unit.

(3) Two-bedroom units: 1.00 spaces per unit.

G. In addition to professional offices, a short-term first aid room or infirmary for minor treatment and short-term resident care may be established on one of the first two floors of a mid-rise apartment.

H. The architectural design of all buildings shall be consistent with the creation of independent, self-reliant and pleasant living atmosphere for a group of older persons requiring indoor and outdoor privacy, participation in social and community activities and having limited or restricted mobility. As a minimum, 10% of the lot area should be devoted to common recreation area.

I. All buildings shall be provided with a central heating system for each building or for the entire project, designed with sufficient capacity to maintain a temperature of 75 F. in all bathrooms and of 70 F. in all other habitable rooms.

J. Each dwelling unit shall have bath facilities, including as a minimum a lavatory, water closet and bathtub or stall shower.

K. The size of the bathroom and arrangement of the fixtures shall be adequate for the convenient use of the fixtures by older persons. The floor finish shall be impervious to water, have nonslip characteristics and slope inward. The threshold should be flush with the floor.

L. All plumbing fixtures, accessories and trim shall be selected for and provide the maximum features of design that contribute to the safety, convenience and aid to older persons.

M. The shower stall will include a built-in seat or bench or sufficient space for a bath stool.

N. Openable windows operated from across the bathtub will not be permitted.

O. Ventilation fans shall be also controlled so that they can be operated independently from the lighting. Convenience outlets in the bathroom shall be integrated with electric fixtures. No other convenience outlets will be permitted in the bathroom.

P. Cooking facilities shall not be of a type exposing open flame.

Q. Every dwelling unit shall be equipped with an emergency signal which transmits to either a central administrative center or to each of two dwelling units.

R. Ten percent of the floor space shall be used as recreational area, for such purpose as game rooms, dining, television and meeting rooms.

A. Waterfront mix residential unit and parcel requirements.

(1) See § 345-7 for minimum size of tract, boundary line setback, street setback and mixed use concept requirements. The minimum tract size shall be two acres in all zones where permitted (RC-1, RC-2 and C-4). [Amended 1-9-1996 by Ord. No. 50-95; 5-14-1996 by Ord. No. 15-96; 10-11-2005 by Ord. No. 29-05]

(2) No section of a building in a waterfront mix residential complex shall be more than four stories high, except that when the four stories are built over one level of ground-level parking or a building lobby area, or required nonresidential uses, this parking level or building lobby area or required nonresidential uses shall not be counted in the number of stories of said complex. Any underground parking level or nonresidential floor area located below the ground floor of the building shall not be counted in the number of stories of said complex. [Amended 4-10-2007 by Ord. No. 17-07]

(3) There shall be no less than 10 nor more than 30 waterfront mix residential dwelling units per gross acre of any parcel. [Amended 1-9-1996 by Ord. No. 50-95]

(4) All portions of a waterfront mix residential parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith. [Amended 10-27-1998 by Ord. No. 36-98]

(5) Every waterfront mix residential dwelling within a complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer, In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

(6) All utilities within a waterfront mix residential complex shall be installed underground.

(7) The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

(8) For the purposes of meeting the requirements of a minimum of two off-street parking spaces per waterfront mix residential dwelling unit, parking may be provided beneath the unit, underground or in common parking areas or garages. [Amended 1-9-1996 by Ord. No. 50-95]

(9) Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to such areas.

(10) Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(11) Each waterfront mix residential building within the C-4 Zone shall have a minimum front yard setback of 50 feet or 1/2 the height of the building, whichever is greater. [Added 1-9-1996 by Ord. No. 50-95]

(12) Each waterfront mix residential building within the C-4 Zone shall have a minimum side/rear yard setback of 20 feet or 1/2 the height of the building, whichever is greater. [Added 1-9-1996 by Ord. No. 50-95]

(13) Any waterfront mix residential projects which directly abut the oceanfront shall maintain a minimum of 40% of the oceanside frontage free of residential development. [Added 1-9-1996 by Ord. No. 50-95]

(14) Accessory uses/structures may be located in any yard area but cannot be located closer than 10 feet to any property line. [Added 1-9-1996 by Ord. No. 50-95]

(15) Interior development, roads, parking areas and driveways. All interior development and parking areas shall be set back a minimum of 20 feet from any side yard or rear yard property boundary. All interior roads and driveways shall be set back a minimum of 10 feet from any side or rear yard property boundary and an additional 10 feet from any interior development.

(16) Each waterfront mix residential dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet, or, in the alternative, common open space areas may be set out throughout the tract based upon a ratio formula of 400 square feet per dwelling unit, which sum may include for calculation purposes the setback areas in Subsection C(2).

(17) Any type of residential use shall be permitted; however, a minimum of 40% of the tract must be used for permitted uses other than residential (does not include parking requirements). Nonresidential uses permitted in a waterfront mix residential development complex include beach clubs, neighborhood-oriented retail sales and services, eating and drinking establishments (but not including drive-in restaurants), barber shops, beauty salons, tanning salons, health spas and gymnasiums, day spas, or any combination thereof. Parking requirements for the nonresidential uses shall be the parking requirements for such uses or similar uses in other zones. [Amended 10-11-2005 by Ord. No. 29-05; 4-10-2007 by Ord. No. 17-07]

(18) Open space and recreation. (See §§ 345-11X and 345-18.)

(19) Loading zones required for any nonresidential development in a waterfront mix residential development complex shall be permitted within the front-yard setback, provided it is located at the entrance to the main lobby to the building, and provided sufficient space is provided to allow vehicles to pass a vehicle in such loading zone. [Added 4-10-2007 by Ord. No. 17-07]

B. Waterfront mix residential unit structure requirements.

(1) There shall be no limit as to the number of waterfront mix residential dwelling units that may be contained within any one complex.

(2) The front facade of any waterfront mix residential structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

(3) An overall theme of designs and architectural modes shall be utilized within every waterfront mix residential complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for waterfront mix residential dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each waterfront mix residential dwelling unit shall have landscaping throughout which shall be subject to the approval of the Planning Board.

(4) Height and setback requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(5) The number of exits from each waterfront mix residential structure shall comply with the minimum provided in the State BOCA Fire Requirements.

C. Waterfront mix residential dwelling unit requirements.

(1) The average minimum floor area of a waterfront mix residential dwelling unit as computed over the total number of units shall be 700 square feet for a one-bedroom dwelling and 1,000 square feet for a two-bedroom dwelling; however, no more than 25% of the total units on the tract may be efficiency-type units. No unit or units may exceed four stories.

(2) The minimum distance between waterfront mix residential dwelling units shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one waterfront mix residential dwelling unit be closer to another waterfront mix residential dwelling unit, measured at any angle, than 15 feet.

(3) Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed) or the covered parking area. The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

D. Application procedures.

(1) At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification, if individual lots are to be created, and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex and the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision, whether or not the subdivision is actually contemplated.

(2) A sketch plan of sufficient detail to show intent may be submitted informally to the Planning Board for discussion purposes prior to formal application for a permit at the discretion of the developer.

(3) During its review of the proposed waterfront mix residential complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

(4) A certificate of occupancy may be issued upon the completion of each waterfront mix residential dwelling unit, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.