a. Off-street parking is required subject to the requirements of this chapter.
b. Landscaping is required subject to the requirements of this chapter.
The purpose of the R-3/PRD zone is to permit single family development, townhouse development or a harmonious development of mixed residential uses to serve the demand for housing of varied types and designs, to allow flexibility and economy in layout and design and promote conservation or and more efficient use of open space.
A building may be erected, altered, or used, and a lot or premises may be occupied and used for the following purposes:
a. Detached one-family dwellings in conformance with and subject to the requirements applicable to the R-3 zone.
b. A townhouse residential development in conformity with and subject to the requirements set forth in Section 21-31.2.
c. Accessory buildings, structures and uses for one-family dwellings only, the same as permitted in the R-2 zone.
d. Accessory buildings, structures and uses to service townhouse units including recreational facilities, club houses and the like.
e. The following conditional uses shall be permitted, subject to approval of the Planning Board and the special conditions of this chapter.
(1)The same conditional uses that are permitted in the R-3 Zone.
(2) Office Uses.
f. Family Day Care Homes.
The R-3/PRD Zone specified herewith shall be occupied only as indicated in this chapter and as follows:
a. The R-3 standards shall apply for single-family detached houses in the R-3/PRD Zone.
b. In the event that the applicant elects to develop the property as a townhouse residential development, the following standards shall apply:
1. The gross residential density shall not exceed three and two-tenths 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 residential development parcel.
2. The developer shall reserve no less than 25 percent of the site for open space purposes. No more than one-third shall be part of any flood plain, freshwater wetlands area or freshwater wetlands area buffer; and 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 open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use under a cluster development. If the developer utilized the cluster development and the PRD option in combination, the minimum reservation for open space purposes shall be increased to 35 percent of the site. 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 planned residential development shall be of a size not less than 35 acres.
4. The minimum width of the entire parcel containing a planned residential development shall not be less then 750 feet.
5. The minimum depth of the entire parcel containing a planned residential development shall not be less than 1,000 feet.
6. Multiple road accesses from any planned residential development onto any single street classified as a "major road" in the Township Master Plan shall be separated by at least 1,000 feet of frontage.
7. The total number of bedrooms in a planned residential development shall not exceed six bedrooms per acre of gross lot area.
8. Townhouse dwelling units shall utilize the following standards:
(a) Minimum setback from all public roads except NJ Route #18 - 100 feet. Minimum setback from NJ Route #18 - 150 feet.
(b)Minimum setback from pavement of internal public or private road or parking area - 25 feet.
(c) Minimum setback from perimeter property lines of entire planned residential development site, except NJ Route #18 - 100 feet. Minimum setback from NJ Route #18 - 150 feet.
(d) Maximum lot coverage - 27 percent of the buildable lot area of the entire planned residential development site.
(e) Minimum gross floor area per unit:
(1) One bedroom unit - 1,200 square feet.
(2) Two or more bedroom units - 1,600 square feet.
(3) These areas do not include required storage space.
(f) Minimum width per unit - 20 feet.
(g) Maximum building height - two stories above grade or 35 feet, whichever is less.
(h) Maximum number of units per structure- six
(i) Minimum number of units per structure- three.
(j) Maximum length of structure - 150 feet.
(k) Minimum interior storage area per unit - 700 cubic feet. Required storage space shall have a minimum vertical clearance of 5' and shall be located in a basement, attic or attached storage room and shall not include garage or closets.
(l) Minimum distance between buildings - 100 feet between any two rear or front facades or any rear or front facade with a side facade. 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
(m)Minimum number of outside accesses per unit - two.
(n)The maximum number of townhouses on any portion of the tract measuring 200' by 200' shall not exceed eight dwelling units.
(o) Other provisions.
(1)A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least ten feet.
(2)A structure shall not have more than two connected townhouse units on one facade without providing a reasonable variation in the facade architecture.
(3)Television antenna equipment shall be built into the buildings. No antennas shall be erected on the roof.
(4)There shall be a minimum buffer of 50 feet in width along any lot line that abuts any Federal or State highway use. The buffer strip shall conform to the standards and definition in this chapter.
(5)Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
(6)No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.
(7)Accessory buildings shall conform to the height and setback requirements of the principal building.
(8)Fences, patios, or similar outside facilities to the rear of each unit may only be constructed by the original developer or by the Homeowners Association and only after a set of architectural standards is approved by the Municipal Agency and administered by the original developer or the Homeowners Association.
(9)There shall be at within each townhouse unit, adequate area for the temporary storage of recyclable materials, as required in this Chapter.
(10)There shall be a trash and recyclable storage area completely surrounded by a six foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses such as propane tanks shall be similarly enclosed.
(11)Common areas of any tract utilized for a townhouse development which are not accepted by the Township shall be deeded to a homeowners association consisting of the property owners within the development, for their use, control, management and maintenance.
(12)Only the land directly under each unit, and land adjacent thereto with an area not greater than 50 percent of said land under each unit shall be sold in fee simple to the purchaser of the unit. All other lands shall be the ownership and responsibility of the Homeowners Association. All land other than that directly under each unit shall be under the maintenance responsibility of the Homeowners Association.
(13)Off-street parking is required subject to the regulations of this chapter.
(14)Landscaping is required subject to the regulations of this chapter.
(15)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 curb to curb pavement widths shall not be less than 30 feet. 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.
(16)There shall be no direct access of driveways from any dwelling unit onto a public street.
(17)Maintenance:
(a) All lands and structures not deeded and accepted by the municipality shall be serviced and maintained by the owner, or Homeowners Association, including but not limited to, streets, playgrounds, snow plowing, garbage and trash pick-up and other services except police and fire protection.
(b)In the event that the organization established to own and maintain the common area(s) shall, at any time after establishment of the planned unit development; fail to maintain the common area(s) in reasonable order and condition in accordance with the plan, the appropriate municipal official may serve written notice upon such organization or upon the residents and owners of the planned unit development setting forth the manner in which the organization has failed to maintain the common area(s) in reasonable condition. The notice shall include a demand that such deficiencies or maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within ten days of the notice.
(c) At such hearing the appropriate municipal official may modify the terms of the original notice as to the deficiencies set forth in the original notice; or, if the modifications thereof shall not be cured within 30 days or any extension thereof, the appropriate municipal official, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common area(s) from becoming a nuisance, may enter upon said common area(s) and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common area(s) except where the same is voluntarily dedicated to the public by the residents and owners.
(d)Before the expiration of said year, the appropriate municipal official shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common area(s), call a public hearing upon notice of such organization, or to the residents and owners of the planned unit development, to be held by the appropriate municipal official at which hearing such organization or the residents and owners of the planned unit development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.
(e)If the appropriate municipal official determines that the organization is ready and able to maintain the common area(s) in reasonable condition, the Township shall cease to maintain said common area(s) at the end of the year. If the appropriate municipal official determines that the organization is not ready and able to maintain the common area(s) in a reasonable condition, the Township may, at its discretion, continue to maintain the common area(s) during the next succeeding year and subject to a similar hearing and determination in each year thereafter.
(f)The decision of the appropriate municipal official in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed against the properties within the planned unit development that have a right of enjoyment of the common area(s) and shall become a tax lien on said properties.
(g)The Township, at the time of entering upon said common area(s) for the purpose of maintenance, shall file a notice of such lien in the office of the county clerk upon the properties affected by such lien within the planned unit development.
(h)Notwithstanding the foregoing and as an additional remedy, the Township may cause to be issued a summons and complaint against the Homeowners Association and/or owner returnable in the Municipal Court of the Township of Ocean for a violation of any ordinances of the Township of Ocean including but not limited to Zoning, Land Use and Property Maintenance Ordinances. The penalty provisions of Section 3-17 of the "Revised General Ordinances of the Township of Ocean, 1965" shall be applicable thereto. Each day that a violation of any ordinance shall continue shall be deemed a separate violation.
All areas put into common ownership for common recreational use by all residents of the development shall be owned by a nonprofit homeowners association in accordance with the following requirements:
a. Deed Restriction. The applicant shall deliver to the Township of Ocean for its approval, appropriate documents establishing deed restrictions prohibiting, in perpetuity, any land designated for common open space from being used for any other purpose and all other covenants and deed restrictions which will be contained in the master deed and unit deed.
b. Organization for Common Ownership Required. The applicant shall establish a legally constituted homeowners association for the ownership and maintenance of: (1) all common space; and (2) any streets not accepted for dedication by the Township of Ocean. This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and non-dedicated streets of the development.
c. Rules of Organization. Any homeowners association established in accordance with paragraph b. above, shall:
1. Be established before a certificate of occupancy has been issued for any dwelling unit in the townhouse development.
2. Make membership automatic and mandatory for each owner of a townhouse dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a townhouse dwelling unit in the development.
3. Guarantee access to all the common open space to all persons legally residing in the townhouse development and limit that access to the legal residents and their guests only. Every member of the association shall have a right and easement of enjoyment in and to the common open space.
4. Be responsible for liability insurance, taxes and the maintenance of the common open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.
5. Require owners of townhouse dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt, or ground rent or lien against the real property.
6. Be able to adjust the assessment to meet changing needs.
7. Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the townhouse development.
8. The developer shall convey title to the common open space area(s) to the aforesaid homeowners association at such time as the aforesaid association is able to maintain the area(s) or at such time as may be designated by the Planning Board of the Township of Ocean, which date shall be consistent with the policy expressed herein.
The purpose of the AR-3/PRD Zone is to permit harmonious development of mixed residential uses to serve the demand for affordable housing of varied types and designs, to allow flexibility and economy in layout and design and promote conservation and more efficient use of open space.
A building may be erected, altered, or used, and a lot or premises may be occupied and used for the following purposes:
a. Principal Buildings and Uses:
1. Detached one-family dwellings.
2. Affordable residential development.
3. Family Day Care Homes.
b. Accessory Buildings, Structures and Uses:
1. Accessory buildings, structures and uses for one-family dwellings the same as permitted in the R-3 zone.
2. Accessory buildings, structures, and uses to service senior citizen housing and townhouse units including recreational facilities, club houses and the like.
c. Conditional Uses:
1. The same conditional uses that are permitted in the R-3 Zone subject to approval of the Planning Board and the special conditions of this chapter.
2. Indoor Recreational Facilities.
3. Senior Independent Living Facilities.
4. Affordable Apartment Flats
