a. A perimeter buffer consisting of existing and/or proposed plantings of at least 25 feet in width shall be provided. The perimeter buffer may be located within required rear yard setback area and shall be subject to a landscape buffer easement to prevent its removal. The perimeter buffer does not apply to lots accessing Bowne Road.
b. §21-20.16 concerning soil removal shall not apply to this overlay zone in connection with the initial construction of residential dwellings as part of any subdivision approval. However, upon issuance of certificate of occupancy for a residential dwelling on a lot created as part of a subdivision within this overlay zone, all future development on that lot must comply with §21-20.16 related to soil removal.
c. The finished grade at the front of each house shall be no more than 36" below the finished floor elevation.
d. The finished grade at the rear of each house shall be no more than 54" below the finished floor elevation.
e. For the lots that have frontage on Bowne Road but the driveways access the interior road, there shall be the creation of an open space lot, 10 ft. in width along the rear property line along the Bowne Road right of way. The 10 ft. wide open space lot shall consist of plantings and / or a berm, existing or proposed, at the discretion of the Planning Board. The 10 ft. wide open space lot can count towards any buffer or setback requirement for an adjoining lot.
f. Any open space lots as part of the development do not have to comply with the development standards contained herein.
Any open space lots or private roads have to be owned and managed by a homeowner's association.
The purpose of the R-3 residential zone is to provide for smaller lot sizes to meet the desires of a certain segment of the population who need and desire moderately priced housing. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. Principal permitted uses and structures.
1. Single family residential dwellings within a non-cluster or a cluster development.
b. Accessory buildings not to exceed 15 feet in height, structures and uses including:
1. Private garage, not to exceed two spaces.
2. Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. Private swimming pools and tennis courts.
4. Signs, subject to the special conditions of this chapter.
5. Fences and hedges subject to the special conditions of this chapter.
6. Decks and Open Porches.
7. Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. Public utility installations.
3. Churches, synagogues, parish houses, and similar religious uses.
4. Public and Parochial schools.
5. Satellite antenna dishes greater than (1) meter in diameter.
6. Community Recreation Center
The R-3 residential zone specified herewith shall be occupied only as indicated in this chapter.
a. Single-Family (Non-Cluster).
1. Principal buildings.
(a) Minimum lot size - 18,750 square ft.
(b) Minimum lot width - l25 feet
(c) Minimum lot depth - l25 feet
(d) Minimum front yard setback (measured from the future street R.O.W.) - 45 feet
(f) Minimum both side yard setbacks - 30 feet
(h) Minimum gross floor area
(1) Two story dwellings:
First floor minimum - 900 square feet
Overall minimum - 1,800 square feet
(2) One and one-half story dwellings:
First floor minimum - 1,100 square feet
Overall minimum - 1,800 square feet
(3) Single story dwellings - 1,500 square feet
(i) Maximum lot coverage
building- 25% of buildable lot area
impervious - 80% of buildable lot area
(j) Maximum building height - 35 feet
(k) Maximum stories - 2 stories above grade
2. Accessory buildings, structures, and uses.
(a) More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed ten feet in height or 150 square feet in area, and is not attached to or within ten feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools. tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum ten feet setback from side and rear property lines. Decks which exceed 3' in height must maintain the required side yard setback and may extend no more than 20' beyond the required rear yard setback line provided no point of the deck floor exceeds a height of 7' above finished grade. Any deck which exceeds 3' in height and is located within the required rear yard shall have it's base screened by either lattice or landscaping or a combination of the two. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
b. Single-Family (Cluster).
1. General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 zone as described in subsection 21-22.2.b.1 of this section.
2. Principal buildings.
(a) Minimum lot size - 14,000 sq. ft.
(b) Minimum lot width - 100 feet
(c) Minimum lot depth - 125 feet
(d) Minimum front yard setback (measured from the future street R.O.W.)- 35 feet (Except that any attached or detached garage with the doors facing a public street shall be set back a minimum of 40'.)
(h) Minimum gross floor area
(1) Two story dwellings:
First floor minimum - 800 square feet
Overall minimum - 1,600 square feet
(2) One and one-half story dwellings:
First floor minimum - 1,000 square feet
Overall minimum - 1,600 square feet
(3) Single story dwellings - 1,400 square feet
(i) Maximum lot coverage
impervious - 75% of buildable lot area
(j) Maximum density - 2.0 units per acre of total lot area
(k) Maximum building height - 35 feet
(l) Maximum stories - 2 stories above grade
3. Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards for accessory buildings and uses in the non-cluster arrangement.
a. Off-street parking is required subject to the requirements and conditions of this chapter.
b. Landscaping is required subject to the requirements and conditions of this chapter.
c. No more than 24" of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42" of unfinished foundation shall be exposed above ground in the architectural rear of any building.
The PAC Option shall be applied in only those areas of the R-3 Zone and adjacent O-1-20 Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of the PAC option to provide an alternative form of "housing for older persons" within the Township, while not adversely impacting or overburdening the local street system, the school system, the sanitary sewerage system and other community services and facilities.
a. A Planned Adult Community Option shall be permitted only if:
1. adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and
2. normal vehicular access is restricted to/from N.J. Route 66 except that emergency access only to/from the site may be provided from Bowne Rd. via Center St. or thru the approved emergency access strip which connects Block 153 Lot 70 with Dune Rd. in the Hampton's development to the immediate west.
b. In the event that the applicant elects to develop the property as a Planned Adult Community, the following shall apply:
1. The gross residential density shall not exceed two and five tenths (2.5) dwelling units per acre of gross lot area. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire Planned Adult Community development parcel. However, in no case shall the total number of units in the PAC Overlay Zone exceed 345.
2. The developer shall reserve no less than 25 percent of the site for recreation and open space purposes. A minimum of five contiguous acres of usable land, not a part of any flood plain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for recreation and open space purposes. This land may be utilized for the provision of "facilities and services specifically designed to meet the physical or social needs of older persons" as required for a PAC. The location shall be approved by the Planning Board. Title to all reserved or common land shall be held in fee simple by the Homeowners Association, except that the municipality may elect to have certain areas dedicated to the municipality.
3. A Homeowners Association shall be required to be established by a Master Deed. Said deed shall require that the Homeowners Association establish and maintain "significant facilities and services specifically designed to meet the physical or social needs of older persons" as required by the Federal Fair Housing Act. No more than 25% of the units in a PAC shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:
(a) A community clubhouse. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, restrooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board. The minimum area of such facilities, as measured from the inside of the building walls, shall be 9,000 sq. ft.
(b) A swimming pool, not less than 3,000 sq. ft. in area, of which a minimum of 50% shall be 4' deep or less.
(c) Additional outdoor recreation facilities, such as a putting green, bocce courts, tennis courts, etc., geared towards senior citizens shall also be provided. Any outdoor recreation facility shall be utilized only by residents of the PAC or their guests, and shall not be available for use by the general public.
(d) Transportation amenities, such as sheltered bus stops, or other facilities geared specifically for senior citizens shall also be provided if required by the Planning Board.
(e) Parking for the above facilities in the amount of 1 parking space for each 200 sq. ft. of building area.
(f) Parking of recreational vehicles or boats shall be prohibited anywhere within a Planned Adult Community. Recreational vehicles, for the purpose of this requirement, shall mean any: truck or van which has an overall length, bumper to bumper, of more than 20'; any motor home; vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons; or trailer or camping "pop-up" trailer.
In addition, the master deed shall require that the owner of each individual unit be a member of the Homeowners Association, that all member households have at least one person who is a minimum of 55 years of age or older, that all permanent occupants of any member housing unit be 18 years of age or older, and that no housing unit within the development have more than 3 bedrooms." The above restrictions shall also be a requirement of every deed for each individual parcel in the PAC.
4. A PAC shall be of a size not less than 100 acres.
5. Dwelling Units shall be detached single family dwelling units. The development shall utilize the following standards:
(a) Minimum building setback from perimeter property lines - 100' (Except that the maximum building setback along N.J. Route 18 may be reduced to 75' where a heavily planted berm is established within the required buffer. The top of the berm shall be no less than 7.5' above the highest finished grade at the rear of the building, and no less than 10' above the elevation of the nearest paved portion of N.J. Route 18.
(b) Minimum Lot Area - 6,000 sq. ft.
(c) Minimum Lot Width - 55'
(d) Minimum Lot Depth - 110'
(e) Minimum Setbacks
Front Yard- No residential unit shall be set back less than 25', except that the average front yard setback of any 4 consecutive residential units shall be no less than 30'. Furthermore, attached garages may be set back not less than 20' provided the average setback of any 4 consecutive attached garages shall be no less than 25'.
One Side Yard - 5'
Both Side Yards - 15'
Rear Yard- 15' except that the average rear yard setback of any 4 units shall be not less than 20', and the distance between the rear of any 2 structures shall be not less than 35'.
(g) Maximum Building Height
1.Story Above Grade - 25'
2.Stories Above Grade - 30'
(h) Maximum stories - 2 stories above grade except that the floor area of the second story above grade shall not exceed 50% of the floor area of the first story above grade (excluding the garage area)
(i) Other provisions.
(1) In order to avoid a "cookie cutter" appearance to the PAC, lot widths and depths and building setbacks shall be varied. In this regard, the following criteria shall be followed:
(a) No more than 3 buildings in a row which front on the same street shall have the same architectural dimensions.
(b) On all streets, except cul-de-sac bulbs and streets where the center line radius is less than 350', one of the following measures shall be taken:
a. No more than 2 lots in a row which front on the same street shall exist without a variation in lot width of at least 10'. Lot depths shall remain consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines, or;
b. The plan shall provide for a variation in building side yard setbacks so that no more than 3 houses in a row which front on the same street shall exist without a minimum 10' difference in separation of the buildings. Lot depths shall remain relatively consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines. Where this provision is implemented, the applicant shall restrict additions to residences by both deed restriction and a provision in the bylaws of the homeowners association. Such restriction shall become a condition of approval.
(2) Architectural plans shall be submitted for all buildings or building types at the time of preliminary and final subdivision/site plan application. The purpose of requiring such plans is to insure the provision of a desirable visual environment as provided in the Municipal Land Use Law, and to insure that the development will comply with the floor plan requirements of this section. Architectural plans shall include floor plans and elevations indicating the styles, materials and colors of all proposed buildings or building types, including recreational buildings, maintenance buildings and residences. Building styles, materials and colors shall maintain a consistent theme throughout the PAC, but shall provide enough variety so as to avoid monotony. The Planning Board shall have the right to require the applicant to alter building styles, materials and/or colors in order to achieve the goal of a desirable visual environment.
(3) A buffer, a minimum of 50' wide, shall be placed along all perimeter property lines. This buffer shall include berms of variable height where deemed necessary by the Municipal Agency in addition to the required plantings. A minimum 25' wide planted area shall be required in all buffer areas and shall include a substantial planting of evergreen trees, shrubs and deciduous trees, and may also include fencing. Such plantings may supplement or replace existing vegetation as appropriate. A substantial portion of the planted area shall consist of 2 rows of evergreen trees spaced 10' on centers, but in order to provide visual interest these rows shall be broken up with less formal plantings of evergreen and deciduous trees and shrubs. These buffer areas may be included in the calculation of 25% open space required above.
(4)No accessory buildings or fencing shall be permitted on an individual homeowner's lot. Accessory buildings and fencing on common land shall conform to the height and setback requirements of accessory buildings in the R-4 Zone.
(5) Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools. tennis courts, driveways, patios, and decks or porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum five feet setback from side and rear property lines. All other accessory structures must maintain the required front, side, and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
In order to provide for a varied and desirable visual environment, driveway setback from one side lot line may be reduced to 0' in order to accommodate a "side loading" garage. In any such instance, the driveway on the property immediately adjacent to the 0' setback shall be set back a minimum of 7' from the common side property line. Where this provision is implemented, the applicant shall restrict the location of driveways on adjacent lots by both deed restriction and a provision in the bylaws of the homeowners association. Such restriction shall become a condition of approval.
(6) There shall be within each dwelling unit, adequate area for the temporary storage of recyclable materials, as required in this Chapter.
(7) Common areas of any tract utilized for a PAC which are not accepted by the Township shall be deeded to the above required homeowners association for use, control, management and maintenance.
(8) Every dwelling unit shall have a minimum of a 2 car garage, with a minimum 400 sq. ft. of area. Such garage shall not be permitted to be converted to living space. All other off-street parking is required subject to the regulations of this chapter.
(9) Landscaping is required as follows:
(a) All lawn areas shall consist of sod. All lawn areas and planting beds shall be sprinklered. In order to insure the consistent and continued operation of sprinkler systems, the maintenance and cost of operation (including water) of sprinkler systems shall be born by the Homeowners Association.
(b) All other landscaping requirements shall be subject to the regulations of this chapter.
(10) All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All street right-of way widths shall not be less than 50'. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(11) Maintenance.
a. All lands and structures not deeded to and accepted by the municipality shall be serviced and maintained by the owner of said property, or Homeowners Association in the event of common land, including but not limited to the maintenance of building exteriors and grounds, street maintenance, snow plowing and similar services.
b. The above maintenance, and also including the maintenance of any property owned in fee simple by a homeowner, shall be subject to the provisions of 21-31.2.b.8(o)(17) paragraphs (b) thru (h). Any notices served in regard to failure to maintain property shall be served upon the Homeowners Association, and it shall be the responsibility of the Homeowners Association to cure said deficiencies or lack of maintenance.
c. Common Ownership Areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners association in accordance with the provisions of Subsection 21-31.3 (Common Ownership provisions for the R-3/PRD Zone)
