4. Open Space.
a. Open space as defined in Section 16-203 shall be provided within each performance residential development in accordance with the following schedule. [Ord. No. 2003-2723]
b. Open space regulations and design standards shall be as specified in Section 16-628.F.
5. Dwelling Requirements.
a. Minimum floor area requirements for dwellings located within performance residential developments shall be as specified in the following schedule. [Ord. No. 2003-2723]
b. No dwelling unit shall exceed thirty-five (35') feet in height or two and one-half (2-1/2) stories.
c. Maximum floor area ratio for dwellings in the R-90, R-110, R-130 and R-220 Zones shall be established by the appropriate board at the time of approval. [Ord. No. 2000-2589]
6. Parking Requirements.
a. Off-street parking shall be provided in accordance with the Residential Site Improvement Standards. [Ord. No. 2010-3002 § 1]
7. Performance residential developments shall conform to all standards and regulations contained within this Chapter not in conflict with those specified within this section.
8. The maximum total lot coverage for all lots within a performance residential development shall be forty (40%) percent. [Ord. No. 96-2447]
Places of worship, as defined in Article 2 of this Chapter, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:
A. The minimum lot area shall be three (3) acres.
B. No principal building shall be located closer than fifty (50') feet to any side or rear property line.
C. No accessory building shall be located closer than thirty (30') feet to any side or rear residential property line.
E. The height of structures to be constructed may exceed the maximum height requirements of this Chapter, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two (2') feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this Chapter, and further provided that in no case shall any proposed structure exceed fifty (50') feet in height.
F. Permitted Signs.
1. One (1) freestanding sign not exceeding ten (10) square feet in area nor eight (8') feet in height. Facade signage occupying no greater an area than ten (10%) percent of the front facade of the building to which the sign is attached.
Educational uses, private and/or parochial elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:
A. Convents, social halls, athletic fields and buildings and similar uses which are accessory to the educational use shall be permitted.
B. Educational uses shall adhere to the following:
1. Elementary schools shall have a minimum lot area of five (5) acres plus one (1) acre for each twenty-five (25) students in excess of three hundred (300) students, based upon the maximum functional capacity of the school.
2. Secondary schools shall have a minimum lot area of five (5) acres plus one (1) acre for each twenty-five (25) students or fraction thereof based upon the maximum functional capacity of the school.
C. Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of Section 16-606.B. of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
D. Permitted Signs. One (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight (8') feet in height. In addition, facade signage occupying an area no greater than five (5%) percent of the front facade. Schools which border more than one (1) street may have one (1) freestanding sign facing each street.
Public utility uses such as water towers, pumping stations, electrical substations, above ground transmission lines, switching stations, commercial transmission towers, and commercial antenna installations intended to facilitate radio, television, cable television, cellular phone or microwave communications or any similar form of signal transmission may be permitted as a conditional use in those zones specified, provided that the use or structures shall adhere to the following standards:
A. A narrative statement must be submitted by the applicant setting forth the reasons that the proposed installation must be provided above ground and in the particular location proposed. The statement must show that the installation in the location proposed is necessary for the efficiency and effectiveness of the public utility system and for the provision of service to the general public or the neighborhood impacted by the installation.
B. Applicants seeking to install any above ground communication towers shall provide testimony and evidence addressing whether there are existing towers within the vicinity which could be utilized by the applicant as an alternate to constructing a new tower. In addition, the applicant shall provide evidence and testimony as to the availability of placing the tower atop any structure of at least two (2) stories or twenty (20') feet in height within the vicinity.
C. Applications seeking to install any above ground utility structure or tower shall provide testimony and evidence from a qualified real estate professional as to the impacts upon residential and nonresidential real estate values in the vicinity of the proposed project.
D. No antenna tower shall be located within two thousand (2,000') feet of any existing antenna tower, in order to avoid excessive negative visual impacts due to a concentration of towers in a given neighborhood.
E. No antenna tower, water tower or above ground high voltage transmission line or tower shall be located within two hundred (200') feet of any residential zone boundary.
F. The proposed utility installation shall be designed and located in such a manner as to minimize visual impacts as follows:
1. Minimizes visual impacts as viewed from residential dwellings on contiguous properties through the provisions of landscape buffers, setback requirements and architectural creativity.
2. Minimizes the length of time that a public utility installation is visible from a public roadway or highway.
3. Minimizes the visual impact of public utility installations as viewed from scenic corridors as specified in the municipal Master Plan and State Development and Redevelopment Plan.
G. Public utility installations shall not be located in such a manner so as to have a disproportionately negative impact on residential properties as compared to other uses permitted in the zoning district in question.
H. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
I. Adequate and attractive fences and other safety devices will be provided.
J. Sufficient landscaping including shrubs, trees and lawn shall be provided, and shall be regularly maintained.
K. A conditional use permit shall not be required for above or below ground equipment boxes which do not exceed one hundred (100) square feet.
L. A conditional use permit shall not be required for any antenna installation and construction of an unmanned equipment shelter less than four hundred (400) square feet in size located on an existing antenna tower or attached to an existing structure of not less than two (2) stories, or twenty (20') feet in height. [Ord. No. 98-2529]
M. A conditional use permit shall not be required for underground electric, gas, water, sewer or cable television lines.
N. The provision contained herein shall not be applicable to the requirements of Section 16-526, Noncommercial Radio and Television Antennas, of this Chapter. [Ord. No. 95-2421]
School bus operations, as defined herein, may be allowed as a conditional use in the M-1 Light Industrial Zone provided that the uses adhere to the following conditions:
A. For purposes of this conditional use, "School Bus Operation shall be defined as including:
1. Parking and storage of school buses, mini-vans, taxicabs, and limousines used in connection with school bus, taxi or limousine service, together with administrative and business offices used in connection with such school bus, taxi or limousine service.
2. Structures used for the storage and maintenance and repair of school buses, vans, mini-vans, taxicabs or limousines used in connection with school bus, taxi or limousine service.
3. Any underground or aboveground fuel storage tanks used solely to provide fuel to vehicles used in connection with the school bus, taxi or limousine service.
B. The design of any building in connection with such a facility shall conform to the character of the neighborhood and shall not adversely affect the safe and comfortable enjoyment of the property in the area.
C. Adequate and attractive fences and other safety devices must be provided.
D. Sufficient landscaping including shrubs, trees and lawns must be provided and must be continuously maintained.
E. The school bus operation shall adhere to the standards of the Light M-1 Industrial Zone except as specified below:
1. Minimum Standards.
a. Lot Area: 4.5 acres.
b. Front Setback:
(2) Accessory buildings: 40 feet.
c. Rear Setback: 50 feet.
d. Side Setback: 100 feet.
e. Parking.
(1) Each delineated bus storage space shall require one (1) off-street parking space. Provided bus storage spaces shall be counted in the total of off-street parking spaces up to a maximum of twenty (20) spaces.
(2) Each bus storage space shall be at least ten by forty-five (10'x45') feet and tandem parking shall be permitted.
(3) No delineated parking space closer than ten (10') feet from any lot line.
(4) One-way drive aisles shall be twenty-five (25') feet, two-way drive aisles shall be thirty (30') feet.
f. The principal building shall be at least five thousand (5,000) square feet, and shall contain an enclosed repair facility and office.
2. Maximum Standards.
b. Building Height: 50 feet.
c. Number of Principal Buildings: 1.
d. Number of Accessory Buildings:
(1) No more than four (4) fuel pumping stations (for purposes of this conditional use a fuel pumping station shall mean a concrete island with up to three (3) dispensing pumps).
(2) No more than two (2) accessory structures not including fuel pumping stations. These structures shall be no more than ten (10%) percent of the square footage of the principal structure.
e. Floor Area Ratio (FAR). Floor Area Ratio shall not exceed 0.25.
F. Prohibited Uses.
1. Outdoor storage of materials, parts, products in drums, tires, trailers, or any other material. There may be storage in any accessory building, provided, however, none of these accessory structures may be movable or may have ever been movable.
2. Pickup or discharging of passengers on site or within five hundred (500) feet from the property.
3. Commuter or daily excursion bus line operation.
4. Retail gasoline service.
5. Outdoor repair of vehicles, with the exception of minimal daily maintenance activities and washing.
6. Outdoor storage of any disabled or damaged vehicle which is not driven in the school bus operation within the previous forty-five (45) days. The purpose of this prohibition is to prevent the long-term retention on site of permanently disabled vehicles being used for parts and is not intended to affect normal seasonal inactivity of vehicles.
G. To the extent not specifically delineated in this section all other requirements of Chapter 16 of the Code of the Township of Middletown also known as "Planning and Development Regulations of the Township of Middletown" shall be complied with.
Amusement arcades may be permitted as a conditional use in the B-3 Zone provided that the use shall adhere to the following standards.
A. Amusement arcade establishments shall not be permitted within five hundred (500') feet of any residentially zoned property, place of worship, day care center or school. This distance shall be measured from the closest exterior wall of the amusement arcade to the nearest property line with one of the uses specified above.
B. Amusement arcades shall not be permitted within any shopping center but shall instead be a freestanding building on an individual lot.
C. No amusement arcade shall be located within one thousand (1,000') feet of another such facility. This distance shall be measured from property line to the nearest property line.
[Ord. No. 2001-2644]
A. Permitted Uses.
1. Age restricted (fifty-five (55) and over) single-family detached and semi-detached dwellings, including patio homes and zero lot line houses.
2. Golf courses, not to exceed nine (9) holes.
3. Clubhouses and community buildings associated with the residential or golf course use.
4. Standard and customary accessory uses associated with residential dwellings and golf courses.
B. Minimum Standards.
1. Tract Area: Eighty (80) acres.
2. Newly created residential building lots shall not be less than five thousand (5,000) square feet.
3. Lot Frontage: Three hundred (300) feet.
4. Building Setbacks.
a. Dwelling units shall be set back not less than one hundred (100') feet from any adjoining property line.
b. Nonresidential buildings shall be set back not less than one hundred fifty (150') feet from any adjoining property line.
c. No building shall be located less than twenty (20') feet from an internal street right-of-way.
5. Open Space. Fifty (50%) percent of the gross tract area. All open space shall be either set aside as permanent common open space to be owned in undivided interest by the unit owners or dedicated to the Township of Middletown for public use, subject to the approval of the Township Committee.
6. Distance Between Buildings.
a. No dwelling unit shall be closer than fifteen (15') feet to any other dwelling unit.
b. No nonresidential building shall be located closer than fifty (50') feet to any dwelling unit.
c. Buffers. A fifty (50') foot landscaped buffer shall be provided along all adjoining property lines, and along all streets, except for necessary access driveways.
C. Maximum Regulations.
1. Dwelling Unit Density. Five (5) dwelling units per gross acre.
2. Impervious Surfaces. Total tract coverage shall not exceed forty (40%) percent.
3. Maximum Floor Area. No dwelling unit shall exceed two thousand four hundred (2,400) square feet of gross floor area.
4. Building Height. Thirty-five (35') feet, two and one-half (2 1/2) stories.
D. Other Regulations.
1. A golf course shall not be required within this district for any age restricted residential development of less than one hundred (100) units.
