§ 348-9.23. Billboards.

Billboards may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. Maximum size: 20 feet vertically and 30 feet horizontally.

B. Minimum front yard setback: 30 feet.



C. Minimum side and rear yard setbacks shall conform to the minimum setbacks for accessory structures in the particular zone.

D. Approval of a billboard as a conditional use shall be for a period of time specified by the Planning Board not to exceed five years. Upon expiration of the period of time specified by the Planning Board, the billboard shall be removed unless the conditional use is extended by the planning Board for an additional period of time not to exceed five years.

§348-9.24. (Reserved) 149

§348-9.25. Single-family attached dwellings. [Added 4- 2fi-1983 by Ord. No.2166-83]

Single-family attached dwellings may be permitted as a conditional use in those zones specified, provided that the use and/or structures adhere to the minimum standards of the particular zone and the following:

A. The minimum size of a tract or parcel of land proposed for development of single-family attached dwellings shall be 20 contiguous acres.

B. There shall be not more than six dwelling units for each acre of land.

C. No principal building or structure shall be located within 40 feet of any exterior boundary line of the tract.

D. No accessory building or private swimming pool shall be located within 20 feet of any exterior boundary line of the tract.

E. Each residential unit shall have allocated to it a minimum lot area of 4,000 square feet; minimum lot width: 40 feet; minimum lot frontage for an interior lot: 25 feet; minimum lot frontage for a corner lot: 75 feet on both streets; minimum lot depth: 100 feet.

F. All principal buildings shall have front yard setbacks of not less than 35 feet, rear yard setbacks of not less than 20 feet, side setbacks of not less than 15 feet, excepting attached structures may have one side setback of zero feet.

G. No more than two dwelling units shall be constructed or permitted in any building or under any one common roof.

H. The developer shall provide for the ownership and maintenance of all roadways, streetlighting, streams, lakes and walkways. Such responsibility shall remain with the developer, excepting that it may be transferred to an organization conceived and established to maintain the roadways, streetlighting, streams, lakes and. walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility, by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streetlights, streams, lakes, walkways, etc., in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Dover Township Planning Board. Those provisions of § 348-8.9 of the Dover Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that, in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units.

I. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approved by the Dover Township Planning Board. The requirements of § 348-5.4A shall not be applicable.

§348-9.26. Planned residential retirement developments. [Added 4-9 -1985 by Ord. No.2309-85]

Planned residential retirement development at a density not exceeding 4.0 units per acre may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and to the following:

A. Area, yard and building requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for a planned residential retirement development within the area which is in accordance with a site development plan and subdivision plat approved by the Planning Board. Such site development plan shall meet at the least the following minimum requirements:

(1) Minimum use. The minimum area for a planned residential retirement development having a density of 4.0 units per acre shall be 100 acres.

(2) Residential density. There shall not be more than 4.0 dwelling units per each acre of residential land planned and approved under this chapter.

(3) Residential building coverage. Not more than 20% of the gross area shall be covered by residential buildings.

(4) Maximum building height of residential units. No greater than 20 feet for each individual unit subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

(5) Setbacks from tract boundary. No building or structure, other than an entrance guardhouse, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.

(6) Setbacks from public street right-of-way. No building or structure, other than an entrance guardhouse, walls or fences, shall be located within 200 feet from any state highway or within 100 feet of any other existing public street right-of-way. Nothing contained herein, however, shall prevent the construction of any temporary model homes in an appropriately designated display area, which model homes shall be located at least 100 feet from any existing public street right-of-way. No such model homes shall be occupied as a residence. Upon completion of the use of such structure as a model home, the structure shall be removed and appropriate steps shall be taken to adequately landscape the area on which the temporary model home had been located.

(7) Off-street parking. A minimum of two off-street parking spaces for each dwelling unit shall be provided. Off-street parking for any other purpose shall be in accordance with § 348-8.20.

(8) Minimum floor space per unit.

(a) One-bedroom unit: 800 square feet.

(b) Two-bedroom unit: 900 square feet.

(c) Three-bedroom unit: 900 square feet.

(9) A maximum of 70% of the residential units shall have a minimum lot area of 5,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for each such residential unit. A minimum of 30% of the residential units shall have a minimum lot area of 6,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for each residential unit.

(10) Front yards, side yards and rear yards. All buildings shall have front yard setbacks of not less than 25 feet, side yard setbacks of not less than 10 feet and rear yard setbacks of not less than 10 feet.

(11) Minimum width of residential unit. No residential unit shall be constructed having a width less than 22 feet.

(12) Access to state highway. Any planned residential retirement development having access to a state highway shall provide and have direct vehicular access to such state highway.

B. Water and sewerage facilities. No individual wells or individual sewage disposal systems shall be permitted. Each building shall be serviced with water and sewerage facilities by a central supply or disposal system which is approved by the Township Board of Health, Dover Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed.

C. Roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. The developer shall provide for the ownership and maintenance of all roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. Such responsibility shall remain with the developer excepting that it may be transferred to an organization conceived and established to maintain the roadways, streams, lakes, parking areas, driveways, sidewalks and walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of the properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streams, lakes, parking areas, driveways, sidewalks, and walkways in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Dover Township Planning Board. Those provisions of § 348-8.9 of the Dover Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, that the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units. A statement containing the provisions of this section shall be filed as part of the Declaration of Covenants, Conditions and Restrictions, which document is filed with the Clerk of Ocean County. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.

D. Private roadways. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approval by the Dover Township Planning Board. The requirements of § 348-5.4A shall not be applicable.

E. Construction standards. Each residential unit may generally be rectangular in form, but shall be relieved by breaks in facade and apparent size by attached auto storage additions or porch-like additions. The main roof shall be pitched and shingled. Exterior walls shall look like wood or masonry regardless of composition. The foundation shall form a complete enclosure under exterior walls. Setback of units shall not be uniform. Building orientation and type shall vary.

F. Age restrictions. Such a development shall contain residential homes and recreational and cultural services for the benefit of the permanent residents who are persons 55 years of age or over. Nothing herein contained shall prohibit a spouse from residing in a planned residential retirement development having a density of 4.0 units per acre, who is under the age of 55 years, provided that such spouse is married to a person who is a minimum of 55 years of age or over. [Amended 3-8-1989 by Ord. No. 2638-89]

G. Services.

(1) The developer shall provide for recreational and cultural services for the sole use of the residents of the development and their guests, including but not limited to the following:

(a) Clubhouse.

(b) Picnic grounds.

(c) Shuffleboard court.

(d) Horseshoe court.

(2) The development shall provide for facilities for the maintenance and administration of the development.

H. Clubhouse size and completion. There shall be at least one clubhouse or community building. The clubhouse shall provide for at least six square feet of clubhouse building space for each proposed dwelling unit. The clubhouse building shall be completed, shall receive a certificate of occupancy and shall be in operation before the completion of a dwelling unit representing 25% of the total dwelling units to be constructed as set forth in the major site plan, preliminary plat. The applicant shall post appropriate bonds to ensure the construction of the clubhouse building.

§348-9.27. Continuing-care retirement communities. [Added 11- 25-1986 by Ord. No.2452-86 ; amended 7-10-1991 by Ord. No.28411-91]

A.continuing-care retirement community may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. A statement setting forth the full particulars on the building and/or use is submitted.

B. The site must have frontage on, and access to, a principal arterial or minor arterial.

C. The lot upon which the use is proposed shall conform to the following standards and requirements:

(1) Minimum front yard setback: 100 feet.

(2) Minimum side yard setback: 50 feet.

(3) Minimum rear yard setback: 50 feet.

(4)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

(5) Minimum unoccupied open space: 25%.

D. The permanent residents of the facilities shall be restricted to those 65 years of age or older; however, nothing herein shall prohibit a spouse from residing in the facility who is under the age of 65, provided that such spouse is married to a resident who is 65 years of age or older.

E. All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.

F. Health care and support services, functions and facilities within a life-care facility or development may include the following:

(1) Indoor and outdoor recreational facilities.

(2) Physical therapy facilities.

(3) Entertainment facilities.

(4) Libraries.

(5) Food preparation facilities.

(6) Dining facilities.

(7) Linen service facilities.

(8) Nursing service.

(9) Housekeeping service.

(10) Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.

G. Maximum building height: 35 feet, subject to the provisions of § 348-5.12; provided, however, that the height of the structure or portion thereof may exceed the maximum as otherwise permitted, provided that the front, rear and side yard requirements set forth within the zone shall be increased by five feet for each foot by which the height of the structure or part thereof exceeds the permitted maximum height, and further provided that in no case shall any proposed structure or part thereof exceed 40 feet in height and three usable floor areas counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

H. Any health care facility shall be licensed by and/or meet all appropriate standards of federal, state or county regulatory agencies.

§348-9.28. Community shelters for victims of domestic violence. [Added 4-11-1990 by Ord. No.2729-90]

Community shelters for victims of domestic violence housing more than six but fewer than 16 victims of domestic violence, as defined herein, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. A statement setting forth the full particulars on a building and/or use shall be submitted.

B. The minimum lot area shall be 4,000 square feet for each victim of domestic violence and employee housed at the shelter but not less than the minimum lot area required for single-family homes in the zone.

C. The minimum gross habitable floor area shall be 240 square feet for each victim of domestic violence and employee housed at the shelter.

D. No conditional use permits shall be granted if the number of victims of domestic violence resident at such existing community shelters exceeds 0.5% of the population of the Township.

E. No community shelter for victims of domestic violence shall be located on a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site or a relative of any such person residing on the site.

F. No community shelter for victims of domestic violence shall be in excess of two stories in height exclusive of basement areas. Basement areas shall not be utilized to house patients or recreation areas.

G. Each community shelter for victims of domestic violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.

H. No community shelter for victims of domestic violence shall be located within 1,500 feet of any other such community shelter.

I. No community shelter for victims of domestic violence shall be located on a principal arterial highway as defined in this chapter.

J. No community shelter for victims of domestic violence shall be located in areas of heavy vehicular or pedestrian traffic congestion or in any area where, by reason of any condition existing in proximity to the proposed community shelter for victims of domestic violence, the occupants of said proposed community shelter would be exposed to undue hazard.

K. Each community shelter for victims of domestic violence shall provide one off-street parking space for each employee on the shift employing the largest number of persons, plus one off-street parking for each three victims of domestic violence or fraction thereof residing on the site. The required off-street parking shall be subject to the provisions of § 348-8.20, Off-street parking, of this chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of § 348-8.4, Buffer areas, screening, landscaping and shade trees, of this chapter.

L. No building utilized as a community shelter for victims of domestic violence shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures in residential zones.

§348-9.29. Long-term residential health care facilities. [Added 7-10-1991 by Ord. No.2840-91]

Long-term residential health care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

A. A statement setting forth the full particulars on the building and/or uses is submitted.

B. The site shall front on and have access to a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

C. Basement areas shall not be used to house patients, recreation areas or any other area frequented by patients.

D. A facility shall be licensed by and/or meet all appropriate standards of federal, state or county regulatory agencies.

E. The lot upon which the use is proposed shall conform to the following standards and requirements:

(1) Minimum front yard setback: 150 feet.

(2) Minimum side yard setback: 100 feet.

(3) Minimum rear yard setback: 100 feet.

(4)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

(5) Minimum unoccupied open space: 20%.