§16-948 STANDARDS AND REGULATIONS AFFECTING THE RTH-7 ZONE (Block 517, Lots 3-8).

[Ord. No. 2005-2810]

A. Minimum Regulations.

1. Gross Lot Area: 1 acre.

2. Lot Frontage: 300 feet.

3. Minimum Building Setbacks.

a. From Arterial or Collector Roadway: 35 feet.

b. From Tract Boundary: 10 feet.

c. From Single-Family Residential Zones: 20 feet.

d. From Internal Streets: 5 feet.

4. Parking Setbacks.

a. From Arterial or Collector Roadway: 20 feet.

b. From Tract Boundary or other Right-of-Way (Other than internal streets): 20 feet.

c. From Principal Buildings: 5 feet.

5. Minimum Open Space: 20%.

6. Minimum Buffer from Single-Family Zone: 20 feet.

7. Affordable Housing Set-Aside: 11%.

B. Maximum Regulations.

1. Maximum Dwelling Unit Density: 15 units/acre.

2. Maximum Building Height: 2.5 stories/40 feet.

3. Maximum Lot Coverage: 75%.

4. Maximum Building Coverage: 40%.

C. Other Regulations.

1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.

2. All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of thirty (30) years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur the herein deed restriction shall be consistent with any new rule.

§16-949 STANDARDS AND REGULATIONS AFFECTING THE RTH-8 ZONE (Block 532, Lots 42 and 43).

[Ord. No. 2005-2810]

A. Minimum Regulations.

B. Maximum Regulations.

C. Other Regulations.

1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.

2. All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of thirty (30) years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur the herein deed restriction shall be consistent with any new rule.

3. Mixed Use Option.

a. Nonresidential uses shall be limited to the first floor only.

b. All uses permitted in the B-3 Zone shall be permitted.

c. No uses requiring a drive-thru window shall be permitted.

§16-950 STANDARDS AND REGULATIONS AFFECTING THE RTH-9 ZONE (Block 732, Lots 10-13 and 21).

[Ord. No. 2009-2992 § 4]

A. Minimum Regulations.

Residential

1. Gross Lot Area: 4 acres.

2. Lot Frontage: 500 feet.

3. Minimum Building Setbacks.



a. From Arterial or Collector Roadway: 35 feet.

b. From Tract Boundary: 20 feet.

c. From Single-Family Residential Zone: 40 feet.

d. From Internal Streets: 5 feet.

4. Parking Setbacks.

a. From Arterial or Collector Roadway: 40 feet.

b. From Tract Boundary or other Right-of-Way (Other than internal streets): 20 feet.

c. From Principal Buildings: 5 feet.

5. Minimum Open Space: 30%.

6. Minimum Buffer from Single-Family Zones: 40 feet.

7. Affordable Housing Set-Aside: 25%.

B. Maximum Regulations.

1. Maximum Dwelling Unit Density: 8 units/acre.

2. Maximum Building Height: 3.5 stories/40 feet.

3. Maximum Lot Coverage: 60%.

4. Maximum Building Coverage: 40%.

C. Other Regulations.

1. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.

2. All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of thirty (30) years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur the herein deed restriction shall be consistent with any new rule.

3. Mixed Use Option.

a. Nonresidential uses shall be limited to the first floor only.

b. All uses permitted in the B-3 Zone shall be permitted.

c. No uses requiring a drive-thru window shall be permitted.

§16-951 STANDARDS AND REGULATIONS AFFECTING THE R-3 AGE-RESTRICTED ACTIVE ADULT ZONE.

[Ord. No. 2005-2830]

A. Definition.



ACTIVE ADULT COMMUNITY A community or living facility designed specifically for the interests of persons age fifty-five (55) and older, which typically contains recreational amenities and support services for older adults who are active and capable of completely independent living. Occupancy of all dwelling units in an active adult community shall be in accordance with the applicable requirements and limitations of the Federal Fair Housing Act.



B. Purpose.

The purpose and intent of the R-3 Zone is to enable the planned development of a residential retirement community which shall include recreational facilities, and where such a development is reasonably close to a variety of retail and personal service opportunities as typically needed by the residents thereof in accordance with comprehensive site development plan approved by the Planning Board of the Township of Middletown.

C. Permitted Uses.

1. Attached and detached age-restricted residential dwelling units.

D. Accessory Uses.

1. The following required uses:

a. Swimming Pool. A swimming pool shall be provided that is no less than eight hundred (800) square feet in water surface area. There shall also be provided an improved sitting area, contiguous to all sides of the pool, having an area two (2) times the water surface area of the pool.

b. Clubhouse. A clubhouse shall provide at least twenty-five (25) square feet of multi-purpose space, not including swimming pools, for each dwelling unit. In addition, such facilities as game rooms, arts and crafts rooms, kitchen area, office space and service facilities may be provided in the clubhouse. The clubhouse may also include, but is not limited to, libraries, exercise rooms, indoor pools, meeting areas, ballrooms, computer centers, and restaurants. One (1) off-street parking space shall be provided for each four (4) dwelling units, except that this requirement may be reduced to the extent that other conveniently accessible and available off-street parking facilities could feasibly be substituted.

2. Parks/Open Space.

3. Administration, Maintenance and Security Buildings.

E. Minimum Requirements.

1. The minimum tract area shall be not less than thirty (30) contiguous or noncontiguous acres, with a total of not less than three hundred (300') feet of frontage along Route 35.

2. Building Setbacks.

a. There shall be a setback of fifty (50') feet from any exterior boundary of the overall site of an R-3 Zone development, except that a one hundred (100') foot buffer shall be provided where the property boundary adjoins a property containing a single-family residential use and where the principal structure on the adjoining property is located less than one hundred (100') feet from the property line at the time of the establishment of this zone. No building or structure other than entrance gatehouses, fences, freestanding walls, signs or architectural or artistic features shall be located within said setback area.

b. Within the R-3 Zone no residential structure shall be located closer than twenty-five (25') feet to any dedicated street or road and no closer than eighteen (18') feet to an interior street, drive, or parking area. This shall not apply to detached dwellings on individual fee simple lots or parking spaces in driveways.

c. No freestanding garage or other accessory structure shall be located closer than forty (40') feet to an interior street.

3. Parking. Parking requirements shall be in accordance with the Residential Site Improvement Standards.

a. One and one-half (1.5) spaces per dwelling unit, one (1) of which shall be enclosed in a garage.

b. In addition, the following general controls apply to all parking facilities:

(1) All parking shall conform to Americans with Disabilities Act (ADA) Guidelines.

(2) All parking spaces shall be at least nine by eighteen (9'x18') feet. All circulation aisles for said parking facilities shall be at least twenty-four (24') feet wide.

(3) On-site parking facilities shall be of a design and location that will not interfere with the safe and efficient flow of traffic in the area or with the access of emergency and service vehicles. All assigned spaces shall be located within two hundred (200') feet of the dwelling units they serve.

(4) No parking shall be permitted in any perimeter buffer area.

(5) Lighting for outdoor parking areas shall not exceed fifteen (15') feet in height and shall be reflected away from windows of the dwelling units in order to minimize the impact of such lighting on the residents in the dwelling units.

(6) Garage parking spaces shall not be required for buildings containing more than six (6) attached dwelling units.

4. Roads. Interior roads not dedicated to public use shall have a paved roadway width of at least thirty (30') feet. Road improvements shall be made and maintenance shall be ongoing in accordance with the standards of the Township of Middletown.

5. Open Space. Not less than forty (40%) percent of the gross tract area of the R-3 Zone shall be set aside as permanent common open space. Land within the parcel or lot which is not specifically covered by the buildings, roads, driveways, parking areas, or service areas, and not set aside as private yards, patios, or gardens for residents shall qualify as open space. Pools, tennis courts and accessory buildings associated with recreational elements of the development shall be permitted within open space areas. The size, dimension, character and location of open space shall be suitable to enable its enjoyment and use for conservation, aesthetic, recreation, or agricultural purposes by residents of the community. The following shall not be considered open space:

a. Landscaped islands located within parking lots or along the edge of parking lots within two (2') feet of a curb or wheel-stop.

b. Areas of lawn, landscaping, or vegetation that have a minimum dimension in any direction of less than twenty (20') feet.

6. Dwelling Unit Size. No residential dwelling on a single floor shall contain less than nine hundred (900) square feet. No residential dwelling unit of more than one (1) story shall contain less than one thousand two hundred (1,200) square feet.

7. Distance Between Buildings. No building shall be closer than fifteen (15') feet to any other building, unless provided otherwise herein.

8. Affordable Housing Set-Aside.

a. There shall be one (1) affordable housing unit provided for each eight (8) units of market rate housing, except that at the discretion of the approving authority a contribution in lieu or a combination of units and contribution in lieu may be required.

F. Maximum Regulations.

1. Impervious Surface Coverage: Forty (40%) percent of the gross tract area.

2. Number of Dwelling Units Per Building: A maximum of six (6) market rate residential dwellings units shall be permitted in each building.

3. Dwelling Unit Density: 3.5 dwelling units per acre.

4. Building Height. Principal buildings: Two and one-half (2.5) stories, not to exceed thirty-five (35') feet.

5. Bedroom Limitation: No dwelling unit shall contain more than three (3) bedrooms.

6. Unit Configuration. The lot sizes and bulk requirements listed below provide for a variety of unit types. In an effort to provide a residential community of varied household types, the site could be developed with a combination of attached and detached single-family dwellings. Attached units can include townhouses, duplexes and flats. Units can include fee simple lots, zero lot line configurations and detached condominiums.

G. General Regulations Applicable to Detached Residential Uses Within the R-3 Zone.

1. Lot Size.

a. Minimum Lot Size: 3,600 square feet.*

b. Maximum Lot Size: 6,000 square feet.*

2. Setbacks.

a. Front Yards.

(1) Minimum front yard setback: 15 feet.*

(2) Maximum front yard setback: 20 feet.*

(3) Vehicle garages must be set back at least 18 feet from the back of sidewalk.*

(4) Multi-unit buildings shall be set back a minimum of 18 feet from any internal roadway or parking area.

b. Rear Yards.

(1) Minimum rear yard setback: 15 feet.*

(2) Maximum rear yard setback: 40 feet.*

c. Side Yards - Minimum Setbacks:

(1) Where both facing walls contain windows of habitable rooms, 15 feet; 20 feet for multi-unit buildings.

(2) Where only one (1) of the two (2) facing walls contains windows of habitable rooms, 12 feet; 15 feet for multi-unit buildings.

(3) Where neither of two (2) facing walls contains windows of habitable rooms, 10 feet; 12 feet for multi-unit buildings.

(4) Buildings shall be considered facing if the walls form an angle of less than forty-five (45) degrees.

NOTES:

* Applicable to detached dwellings on fee simple lots.

H. Signage. The following signs are permitted within the R-3 Zone.

a. Street signs in accordance with Section 16-644.

b. Community identification sign, one (1) per entrance, either freestanding or wall-mounted.

(1) If a freestanding sign, its surface area shall not exceed forty (40) square feet for both sides, and its height shall not exceed six (6') feet. Sign supports and decorative bases, which are excluded from the sign surface area, shall not exceed six (6') feet in height or eighteen (18") inches in width.

(2) If a wall-mounted sign, its sign surface shall not exceed forty (40) square feet, with letters not to exceed two (2') feet six (6") inches in height.

(3) Lighting shall be indirect ground-located lighting.

(4) All signs shall be set back at least ten (10') feet from right-of-way and located outside any sight triangle.

(5) If a sign is located in center divide of entrance, it must be set back at least five (5') feet from the center divide front of the curbline, notwithstanding any provision to the contrary.

c. Real Estate Signs.

(1) Real estate signs, announcing the sale, rental or lease of the premises on which the sign is located, such sign not to exceed four (4) square feet in area. If double-faced, the sign shall not exceed eight (8) square feet in area for both sides. The sign shall be nonilluminated. Such sign shall not be closer to the line than one-half (1/2) the distance between the building line and the lot line, as defined by this Chapter. Such signs shall not be located closer to other such signs than one (1) in every two hundred (200') feet, measured either along the front of a lot or along the depth of a lot.

I. Appropriate provisions shall be made for private garbage and trash collection and for the private maintenance of all interior roads and streets (including snow removal), recreational facilities, and all buildings and land areas owned in common by the residents of the R-3 Zone. In addition, provisions shall be made to permit the Township, at its option, to perform or cause to be performed such services in the event of the continued failure of performance of same by the private association or other entity charged with such responsibility, all at the cost and expense of the owners of the property within the R-3 Zone.

J. The overall design, road patterns, recreational facilities and site locations of buildings as well as other aspects of any such R-3 Zone, including nonresidential elements must be submitted to the approving authority and they shall have the right to approve the general design to obtain aesthetic harmony. The buildings, sizes, shapes, site positions and architectural design may be considered along with the landscaping and natural features. The following criteria also may be taken into consideration:

a. Visual consideration of the variation in exterior finishes of structures.

b. A mix of architectural designs and elevations to ensure a harmonious blend and the avoidance of a rowhouse effect and aesthetically unpleasing building arrangement or layout.

c. Variation of side yards, front yards and rear yards to create identity and interest and enhance the overall design.

d. Landscaping, preservation of existing vegetation, and the location of trees.

e. Convenience of parking areas for the use of occupants and screening thereof with adequate landscaping or fencing.

f. All streets within and adjacent to the R-3 Zone shall be provided with sidewalks. Internal streets shall have sidewalks on both sides.

K. Design Standards.

1. Lighting in accordance with Section 16-623.

2. Street lighting in accordance with Section 16-643.

3. Street trees in accordance with Section 16-645.

4. Landscaping in accordance with Section 16-622.

5. Architectural and building design standards in accordance with Section 16-604.

6. Buffer Areas.

a. A fifty (50') foot buffer shall be required for R-3 Zone tracts fronting on arterial roads and on the perimeter of all properties in the R-3 Zone.

b. Buffer areas shall be designed in accordance with Section 16-606.

c. Landscaped setback areas along roads shall be bermed wherever existing natural vegetation will not provide for adequate or aesthetically superior screening. Berming shall encompass at least fifty (50%) percent of the width of any such landscaped area. Berms can be waived by the Board where it determines that they are not feasible due to topographic or drainage considerations or would result in excessive disturbance.

L. Any standard or regulation not specified herein shall be in accordance with the most recent version of the Middletown Township Zoning Ordinance.

M. Land within the R-3 Zone can be subdivided for the purposes of establishing individual residential lots. However, the entire project must maintain comprehensive and coordinated architectural design compatibility throughout and control and maintenance of common facilities such as roads, drainage facilities and open space.