Commercial developments within the zones specified shall be permitted a floor area ratio bonus as a conditional use subject to the following standards:

A. As a means of promoting a desirable visual environment, conserving open space, and preserving natural features, floor area ratio limits should be employed as a creative development technique. Therefore, increases in floor area ratio should be used to induce good civic design and site arrangements. Specifically, additional floor area may be permitted subject to a Conditional Use Permit for designs that do one (1) or more of the following:

1. Locate off-street parking within a structure or underground thereby reducing impervious coverage, allowing for more than open area, preserving natural features, reducing site disturbance, and improving the public view of the development site.

2. Create or provide access, through dedications, easements or other improvements, which assure the use ability of public open space within, adjacent to, or in the vicinity of a development site.

3. Locate surface parking outside of the required front yard area thereby increasing visible open space.

4. Develop one (1) principal building occupied by a single user in lieu of subdividing or constructing, where permitted, multiple multi-tenant buildings.

5. Develop a site below the maximum lot coverage provided that the undeveloped space which results is preserved and would not otherwise have been created as a result of design standards and also provide that the design conforms to the zone district's minimums.

B. For uses which achieve one of the above (Subsection A.1-5) the following floor area ratio shall be permitted:

C. For uses which achieve two (2) or more of the above (Subsection A. 1-5) the following bonuses shall be permitted:

[Ord. 2003-2723; Ord. 2004-2793]

Performance residential development may be permitted as a conditional use in the zones specified provided that the use and/or structures shall adhere to the following:

A. Objectives. In order to allow maximum utilization of land while insuring against detrimental impacts upon the environment, neighboring properties and the public interest; to encourage and promote planned residential development which will result in the conservation of energy and municipal services as well as the preservation of open space, the eco-sensitive lands; to provide the necessary flexibility to ensure the development of land consistent with its natural topographic features, unique physical characteristics which mandate special attention and treatment, and to facilitate cost-effective land development which in turn will permit construction of a wider variety of types of dwelling units.

B. Minimum Requirements. Performance residential development shall be a permitted conditional use in the zones specified provided that the applicant complies with all of the following requirements and regulations.

1. No performance residential development shall be permitted at tracts that contain less than a minimum of five (5) acres. [Ord. No. 2010-3002 § 1]

2. An applicant must satisfactorily demonstrate to the Municipal Agency that the proposed site and project meets the following criteria and will result in a superior alternative to conventional development. [Ord. No. 2010-3002 § 1]

a. That the proposed site involves at least one (1) of the following features:

(1) The configuration, shape, topography, or contours of the site does not readily lend itself to conventional residential subdivision or land planning;

(2) The site contains or is adjacent to a body of water, waterway or identified scenic roadway; includes wooded areas, unique vegetation, farmland usage or other natural, topographic or manmade features which require special consideration and preservation in conjunction with the development of the site; [Ord. No. 2010-3002 § 1]

(3) The site is uniquely situated by reason of adjacent or bordering uses or facilities so as to encourage its residential development in an economically feasible manner with due consideration of and protection or buffering from and for such adjacent uses or facilities; or

(4) The site possesses or involves unique features which would encourage residential development thereof pursuant to these PRD regulations in accordance with the Master Plan of the Township of Middletown as may be specifically determined by the Municipal Agency.

b. That the proposed project, if developed pursuant to these performance residential development regulations, will achieve at least two (2) of the following intended purposes;

(1) The preservation, protection, maintenance, or enhancement of any of the considerations specified in subsections B.2a(1), 2.a(2) or 2.a(3).

(2) The development of a portion of the site while retaining a significant portion of the site in its existing natural state.

(3) The construction of residential dwellings and improvements which will result, when compared to alternative conventional subdivision or land plans, in a substantial decrease in public improvements and accompanying municipal services and energy usage.

(4) The creation of a planned residential community with recreational amenities or other development features which will provide a creative alternative type of housing consistent with the intended purposes of this section and as determined by the Municipal Agency.

C. Standards and Regulations.

1. Land Uses. These regulations shall only be applicable to proposed developments of single-family dwellings and two-family dwellings as defined in Section 16-203 herein. Patio-homes, atrium homes, zero lot line homes, village homes, and duplex units as defined in Section 16-203 shall be permitted uses. In addition, recreation and other common facilities for the use and benefit of the residents of the performance residential development are permitted, including but not limited to the following:

a. Tennis courts, handball courts, playfields, golf courses, and other similar recreation areas.

b. Swimming pools.

c. Pool buildings.

d. Community buildings.

e. Play areas, picnic areas, parks.

f. Facilities and improvements associated with the use and enjoyment of the natural amenities of the site.

g. Farming and other agricultural uses shall also be permitted as long as such areas are deed restricted as permanent open space/farmland.

2. Density.

a. Minimum Number of Dwelling Units. The number of dwelling units permitted in a performance residential development shall not be fewer than the number of dwelling units that would be allowed under conventional development of the tract meeting the full requirements of the zone district in which the proposed development is located.

b. Maximum Number of Dwelling Units. The maximum number of dwelling units permitted in a performance residential development shall not exceed the number of dwelling units that would be allowed under conventional development of the tract meeting the full requirements of the zone district in which the performance development is located, provided, however, that the Municipal Agency may, based upon consideration of site location, access, topography, other natural features, and other factors deemed relevant by the Municipal Agency, increase allowable densities not to exceed the following: [Ord. No. 2010-3002 § 1]

c. No more than twenty (20%) percent of Class I Critical Areas and no more than eighty (80%) percent of Class II Critical Areas as regulated in Section 16-624 may be included in calculating maximum allowable density. [Ord. No. 2010-3002 § 1]

d. The dwelling unit yield resulting from the density calculation per subsection C.2b above may be increased by up to ten (10%) percent if verification is provided at the time of final approval that all dwelling units will be constructed as Energy Star Homes to have a minimum preconstruction Home Energy Rating System (HERS) index score of 65, thus ensuring thirty-five (35%) percent more energy efficiency than standard home construction. The Municipal Agency may consider reasonable flexibility in the lot requirements set forth in subsection 3.a and 5.a below to achieve enhanced energy efficiency. [Ord. No. 2010-3002 § 1]

3. Lot Requirements.

a. Lot area and yard requirements for performance residential developments shall conform to the following: [Ord. No. 2010-3002 § 1]

b. Minimum front setbacks shall be staggered in order to enhance the visual impact of the streetscape. In order to accomplish this, front setbacks may be reduced by fifteen (15%) percent, as long as the average for all front setbacks equals the minimum required in paragraph a. above.