§ 16-929 STANDARDS AND REGULATIONS AFFECTING THE RTH-1 ZONE.

A. Minimum Regulations.

1. Tract Area: 5 acres.

2. Tract Frontage: 300 feet for 125 units or less, 500 feet for more than 125 units, located on primary or secondary arterial roads or collector roads.

3. Building Setbacks:

a. 120 feet from an arterial or collector road.

b. 50 feet from any tract boundary line or from any other right-of-way lines, except an internal street.

c. 18 feet from the curb of an interior street where no front yard parking is provided or 26 feet where front yard parking is provided.

d. 15 feet from the sidewalk of an internal street.

e. The Planning Board may permit a reduction in the above setbacks from street right-of-way and boundary lines if a substantial landscaped buffer, acceptable to the Board, is provided sufficient to insure visual privacy and noise control.



4. Parking shall be subject to the regulations as stated in Section 16-928.A.4 of the Planning and Development Regulations of the Township of Middletown.

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 for public uses subject to the approval of the Township Committee.

6. Dwelling Unit Size and Equivalent Lot Area.

No unit shall contain more than three (3) bedrooms. No more than forty-five (45%) percent of the total units shall contain more than one (1) bedroom. No more than fifteen (15%) percent of the total units shall contain three (3) bedrooms.

7. Distance between buildings shall be subject to the regulations as stated in Section 16-928.A.7 of the Planning and Development Regulations of the Township of Middletown.

8. Front, side and rear yards for units within a development tract (except where parking occurs within yard areas), shall be subject to the regulations as stated in Section 16-928.A.8 of the Planning and Development Regulations of the Township of Middletown.

9. Recreation Areas. For developments containing thirty (30) dwelling units or more, an area equal to one (1) acre plus ten (10%) percent of the net tract area shall be provided in accordance with the regulations as stated in Section 16-928.A.9 of the Planning and Development Regulations of the Township of Middletown.

10. Tract Buffer Area. Buffer areas shall be required as stated in Section 16-606.

B. Maximum Regulations.

1. Impervious Surfaces. Thirty (30%) percent of the gross tract area.

2. Dwelling Unit Density. There shall not be more than three (3) dwelling units per acre for each gross acre.

3. Building Coverage. Not more than fifteen (15%) percent of the gross tract area shall be covered by buildings to be constructed or used as dwelling units including garages and carports, providing, however, not more than twenty (20%) percent of the gross tract area may be covered by (1) such dwelling units (limited to twenty (20%) percent as aforesaid) and (2) other buildings or structures, including but not limited to gate houses, guard houses, storage facilities for maintenance equipment, and administrative, social, cultural and recreational facilities, which are expressly hereby permitted.

4. Number of Dwelling Units per Building or in a Row. A maximum of eight (8) residential dwelling units shall be permitted in each building. No more than two (2) residential dwelling units shall be allowed in a row without a horizontal break of six (6') feet in the facade.



5. Building Height. For principal buildings, thirty-five (35') feet or two and one-half (2 1/2) stories, provided that no more than two and one-half (2 1/2) stories may be above the average elevation of finished grade around the perimeter of the building. Townhouse dwelling units having a main entrance more than four (4') feet from grade level shall have enclosed private entrance ways at grade level.

6. Unless provided to the contrary herein, applications for development approval in the RTH-1 Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.

§16-930 STANDARDS AND REGULATIONS AFFECTING THE RTH-2 AND RTH-3 ZONES.

[Ord. No. 2000-2605]

A. Minimum Regulations.*

1. Tract Area: 10 gross acres.

2. Tract Frontage: 150 feet.

3. Building Setbacks:

a. From arterial or collector roads: 75 feet.

b. From tract boundary or local road right-of-way excluding internal roadways: 50 feet.

c. From curb of any interior street: 18 feet.

d. From curb of any parking space: 10 feet.**

e. The approving authority may permit up to a twenty-five (25%) percent reduction of any of the above standards where such a reduction would benefit the overall project design, and would not result in any negative impact to the health, safety and welfare of the residents of the community. Additional landscaping, fencing, berming or other treatment may be required by the approving authority in areas where such a reduction is being considered.

4. Parking shall be provided in accordance with the regulations as specified in Section 16-928.A.4 of this Chapter.

5. Fifty (50%) percent of the gross tract area shall remain as open space. Additional landscaping may be required by the approving authority in open space areas.

6. Recreation areas shall be provided within any development containing thirty (30) units or more. Recreation areas shall be a minimum of ten (10%) percent of the gross tract area. Recreation areas may include active or passive recreational facilities, however, at least one-half (1/2) of a recreation area shall be devoted to active recreation unless waived by the approving authority.

7. Where any development abuts a property containing a single-family dwelling, a seventy-five (75') foot buffer shall be provided, at least fifty (50') feet of which is provided with substantial vegetation designed to provide a visual screen. Passive walkways, paths or sidewalks may be located within a buffer area, subject to review by the approving authority.

B. Maximum Regulations.*

1. Impervious Surfaces. No more than forty (40%) percent of the gross tract area shall be covered by impervious surfaces.

2. Dwelling Unit Density in the RTH-2 Zone. There shall be no more than five (5) dwelling units per gross acre of the tract. Seventeen and one-half (17.5%) percent of the total number of dwelling units shall be set aside for Affordable Housing in accordance with the regulations of the Council on Affordable Housing.

3. Building Height. Two and one-half (2-1/2) stories, not to exceed thirty-five (35') feet.

4. Building Design Standards. Development in the RTH-2 and RTH-3 Zones shall adhere to Section 16-604, Architectural Design Standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.

5. Unless provided to the contrary herein, applications for development approval in the RTH-2 and RTH-3 Zones shall follow and be subject to the applicable ordinances, procedures, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated within this Chapter.

C. Other Regulations.

1. Lots in the RTH-2 Zone which do not meet the minimum lot area shall be permitted to develop in accordance with the R-10 Zone standards.

NOTES:

*For purposes of these regulations, parcels in this zone that are across the street or highway from each other that are planned and developed together may be treated as one tract.

**Excluding individual driveways used as parking spaces which lead to garages.

§ 16-931 STANDARDS AND REGULATIONS AFFECTING THE RGA ZONE.

A. Standards and Regulations.

1. Minimum Regulations.

a. Tract Area: 12 acres.

b. Tract Frontage: 300 feet for 225 dwelling units or less, 500 feet for more than 225 dwelling units, located on primary or secondary arterial roads.

c. Building Setbacks: 140 feet from a primary arterial road, 100 feet from a secondary arterial road, 80 feet from a collector road, 60 feet from any tract boundary or lot line or from any other right-of-way line, except an internal street, 20 feet from the curb of an internal street, 12 feet from a sidewalk along an internal street.

The Planning Board may permit reduction of the above setbacks from streets and boundary lines if a landscape buffer, sufficient to insure adequate visual privacy and noise control, is provided.

d. Parking:

(1) Spaces per dwelling unit: 1.50 per efficiency unit, 1.75 per one-bedroom unit, 2.00 spaces per two-bedroom unit and 2.25 per unit with three (3) or more bedrooms, but not less than 1.6 spaces per dwelling unit in any development.

(2) Parking setbacks for parking of three (3) or more contiguous spaces.

(a) 100 feet from a primary arterial road.

(b) 80 feet from a secondary arterial road or collector road.

(c) 35 feet from a tract boundary line.

(d) 15 feet from a common development lot line.

(e) 20 feet from any principal building line.

(f) 8 feet from the curb of any major internal street.

(g) 30 feet from a pond or lake shoreline or stream bank; or from the 100-year floodplain.

e. Open Space. Thirty-five (35%) percent of the gross tract area. All open space shall be set aside as permanent common open space. An area equal to twenty (20') feet measured in all directions from an apartment building shall not be included in the area designated as open space herein required.

f.

No unit shall contain more than three (3) bedrooms. No more than forty-five (45%) percent of the total units shall contain more than one (1) bedroom. No more than fifteen (15%) percent of the total units shall contain three (3) bedrooms.

g. Distance Between Buildings.



(1) Where both facing walls contain windows of habitable rooms, seventy-five (75') feet, but not less than two (2) times the eave height of the highest habitable room.

(2) Where only one (1) of two (2) facing walls contains windows of habitable rooms, thirty (30') feet but not less than one and one-half (1 1/2) times the eave height of the highest building.

(3) Where neither of two (2) facing walls contains windows of habitable rooms, twenty (20') feet of the eave height of the highest building, whichever is greater. Buildings shall be considered facing if the walls form an angle of less than forty-five (45) degrees.

h. Recreation Areas.

(1) Areas equal to one (1) acre plus ten (10%) percent of the gross tract area shall be set aside as recreation areas. A maximum of one-half (1/2) of the required recreation areas may occur outside of the net tract area, provided such areas are accessible and suitable for passive and active recreation uses. No major active recreation facilities such as playfields and tennis courts shall be within thirty (30') feet of a tract boundary line nor within one hundred (100') feet of a primary or secondary arterial right-of-way line, nor within eighty (80') feet of a major collector road. No recreation areas are permitted in required yard areas.

(2) All required recreational areas shall include improvements and amenities for the use and benefit of, and to meet the needs of the residents or occupants of a development. Unimproved natural areas shall not qualify as required recreation areas. At least fifty (50%) percent of required recreation areas shall be improved for active recreational uses such as courts, playfields, swimming pools, and similar facilities.

i. Tract Buffer Area.

(1) A thirty (30') foot wide landscaped buffer the perimeter of the tract boundary. Buffer areas shall be required in accordance with Section 16-606.

2. Maximum Regulations.

a. Impervious Surfaces. Thirty-eight (38%) percent of the gross tract area, and (25%) percent of any developed area within eighty (80') feet of a lake or pond shoreline or the one hundred (100)-year floodplain.

b. Dwelling Unit Density. There shall not be more than 9.25 dwelling units per acre for each gross acre.

c. Building Coverage. No more than twenty (20%) percent of the gross tract area shall be covered by buildings.

d. Number of Dwelling Units per Building. A maximum of sixteen (16) residential dwelling units shall be permitted in each building.

e. Building Length. No building shall exceed two hundred sixty (260') feet in length on any side nor an alternate building length on a side greater than two hundred (200') feet.

f. Undifferentiated Facade. A change in building setback or break in the building facade of at least four (4') feet is required in horizontal intervals not less than the equivalent length of four (4) dwelling units or one hundred twenty (120') feet, whichever is less.

g. Building Height. For principal buildings, thirty-five (35') feet or three (3) stories; provided that no more than two and one-half (2 1/2) stories may be above the average elevation of finished grade around the perimeter of the building; and provided further that no more than thirty (30%) percent of the total number of apartments of multi-family dwelling units are located in three (3)-story buildings. No apartment or dwelling unit entrance shall be more than one (1) story above the main entrance level to a building. For accessory buildings, fifteen (15') feet or one (1) story.

3. Unless provided to the contrary herein, applications for development approval in the RGA Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan review and other applicable ordinances which are incorporated within this Chapter.

§16-932 STANDARDS AND REGULATIONS AFFECTING THE RGA-1 AND RGA-2 ZONES.

A. Standards and Regulations.

1. Minimum Standards:

a. Tract Area: 10 gross acres.

b. Tract Frontage: 150 feet.

c. Building Setbacks:

(1) From arterial or collector roads: 75 feet.

(2) From tract boundary or local road right-of-way: 50 feet.

(3) From curb of interior street: 12 feet.

(4) From curb of any parking space: 10 feet.

(5) The approving authority may permit up to a twenty-five (25%) percent reduction of any of the above standards where such a reduction would benefit the overall project design and would not result in any negative impact on the health, safety and welfare of the residents of the community. Additional landscaping, fencing, berming or other treatment may be required by the approving authority in areas where such a reduction is being considered.

d. Parking shall be provided in accordance with the regulations as specified in Section 16-931.A.1.d. of this Chapter.



e. Forty (40%) percent of the gross tract area shall remain as open space. Additional landscaping may be required by the approving authority in open space areas.

f. Recreation areas shall be provided within any development containing thirty (30) units or more. Recreation areas shall be a minimum of ten (10%) percent of the gross tract area. Recreation areas may include active or passive recreational facilities; however, at least one-half (1/2) of a recreation area shall be devoted to active recreation unless waived by the approving authority.

g. Where any development abuts a property containing a single-family dwelling, a seventy-five (75') foot buffer shall be provided, at least fifty (50') feet of which is provided with substantial vegetation designed to provide a visual screen. Passive walkways, paths or sidewalks may be located within a buffer area, subject to review by the approving authority.

B. Maximum Regulations.

1. Impervious Surfaces. No more than forty (40%) percent of the gross tract area shall be covered by impervious surfaces.

2. Dwelling Unit Density in the RGA-1 Zone shall be no more than ten (10) dwelling units per gross acre and in the RGA-2 Zone, nine (9) dwelling units per gross acre. In all cases twenty (20%) percent of the total number of dwelling units shall be set aside for affordable housing in accordance with the regulations of the Council on Affordable Housing and the Township of Middletown. Where rental housing is to be provided, the maximum density in the RGA-1 Zone shall be thirteen (13) dwelling units per gross acre, and in the RGA-2 Zone, twelve (12) dwelling units per gross acre. In both the RGA-1 and RGA-2 Zones, where rental housing is required, a fifteen (15%) percent set-aside may be permitted.

3. Building Height. Two and one-half (2 1/2) stories, not to exceed thirty-five (35') feet.

C. Building Design Standards. Development in the RGA-1 and RGA-2 Zones shall adhere to Section 16-604, Architectural Design Standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.

D. Unless provided to the contrary herein, applications for development approval in the RGA-1 and RGA-2 Zones shall follow and be subject to the applicable ordinances, procedures, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated within this Chapter.