The AR-3/PRD Zone specified herewith shall be occupied only as indicated in this chapter and as follows:
a. The R-3 standards for cluster single-family residences as listed in Subsection 21- 25.2, paragraph b. of this chapter shall apply for all single-family detached houses in the AR-3/PRD Zone.
b. In the event that the applicant elects to develop the property as an affordable residential development, the following standards shall apply:
1. The density of residential units in an affordable residential development shall not exceed three and two tenths (3.2) dwelling units per gross acre, of which market rate units shall have a density of no greater than two and six tenths (2.6) units per gross acre. The gross density may be increased to 3.4 units per acre where all affordable units are located in a senior citizen housing complex, and the additional two-tenths (.2) units per acre consist solely of affordable senior citizen housing units. Gross residential density shall be the total number of dwelling units divided by the acreage of the entire affordable residential development including dedicated areas, common areas and open space.
2. The developer shall reserve no less than 25 percent of the site for open space purposes. No more than one-third of the reserved open space 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. An affordable residential development shall be of a size not less than 25 acres.
4. The minimum width of the entire parcel containing an affordable residential development shall not be less than 400 feet.
5. The minimum depth of the entire parcel containing an affordable residential development shall not be less than 1,000 feet.
6. Multiple road accesses from any affordable 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. Road access shall be prohibited from any affordable residential development into any of the following single family residential streets in order to protect the single family residential character of the area: Lynn Drive, Fredric Drive, Joel Road, and Hanley Road.
8. Bedrooms.
(a)The total number of bedrooms in an affordable residential development, excluding bedrooms in senior citizens housing complexes, shall not exceed six and two tenths (6.2) bedrooms per gross acre. Any acreage designated for senior citizen housing shall be included in the calculation of permitted number of bedrooms.
(b)Townhouse units shall consist of 2 bedroom units with no family room or loft, 2 bedroom units with an open loft, and 3 bedroom units with no loft. No units shall be permitted to have a den or family room which could be converted to an additional bedroom. A maximum of 25% of the townhouse units shall be 3 bedroom units, except that an additional 3 bedroom unit may be permitted for each 2 bedroom unit with no family room or loft, provided that the total number of 3 bedroom units does not exceed 39% of the total number of townhouse units.
9. Single-family detached development shall utilize the lot area, lot width, lot depth, building setback and height, and lot coverage development standards for both principal and accessory buildings as required of cluster single family units in an R-3 Zone.
10.Townhouse dwelling units including affordable 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 - 100 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) Market rate units:
(i) One bedroom unit - 1,200 square feet.
(ii) Two or more bedroom units - 1,400 square feet.
(iii) These areas do not include required storage space.
(2) Affordable units:
(i) 650 square feet for efficiency and one bedroom units, plus 150 square feet for each additional bedroom.
(ii)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 - 85 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 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)Affordable townhouse units shall be integrated throughout the townhouse development and not separated from market rate units.
11.Senior citizen housing complexes:
(a)The following standards are intended for Senior citizen housing complexes which are part of larger affordable residential developments. If an affordable residential development consists entirely of a senior citizen housing complex, those standards governing the entire affordable residential development shall apply.
(1)Minimum lot size - 7 acres.
(2)Minimum lot width - 400 feet.
(3)Minimum lot depth - 400 feet.
(7)Minimum distance between buildings- 85 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.
(8)Minimum setback from perimeter of internal public or private road- 25 feet.
(9)Minimum setback from parking area- 10 feet.
(10)Maximum lot coverage- 27 percent of the buildable lot area of the entire senior citizens housing site.
(11)Maximum building height - 3 stories above grade or 40 feet, whichever is less.
(12)Maximum density -14 units per developed acre
(13)Maximum building length -150 feet.
(14)Maximum units per structure - 36.
(15)Minimum unit size:
(i)Efficiency - 550 square feet.
(ii)1 Bedroom - 650 square feet.
(iii)2 Bedroom - 750 square feet.
(16)Unit distribution - A minimum of 60 percent of the units shall be one bedroom units. The remainder may consist of efficiency, one bedroom, or two bedroom units, or any mix thereof.
(17)Each principal building shall:
(i)Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
(ii)Provide, in an enclosed storage area, with a minimum vertical clearance of 5', of not less than 400 cubic feet of storage for each unit in the building.
(iii)Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each ten dwelling units for the exclusive use of the occupants of the building, unless washers and dryers are provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
(iv)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. All accessory apparatuses shall be similarly enclosed.
(18)Indoor and outdoor recreation facilities, of adequate size to serve the occupants, shall be provided. An indoor recreation area of not less than 1,100 square feet, shall be provided. Outdoor recreation area, consisting of a minimum of 50 square feet per dwelling unit, shall also be provided. Such recreation areas and buildings may be combined with similar facilities provided for the remainder of the affordable residential development.
(b)A senior citizens housing complex, when part of an affordable residential development, shall occupy a separate and distinct portion of the development and shall have its boundaries specifically defined on the site plan of the affordable housing development. This separate and distinct area shall be no less than seven acres in size. The senior citizens housing complex may be subdivided from the remainder of the affordable residential development.
(c) Up to 100 percent of the units of a senior citizen housing development may be designated for occupancy by low and moderate income families provided that at least one-half of the designated units are for low income families. A developer may utilize senior citizen housing exclusively to meet his requirement of 20 percent low and moderate income housing for an affordable housing development.
12.Maintenance. All lands not deeded and accepted by the municipality shall be subject to the provisions of Subsection 21-31.2.b.8(o)(17).
13.Provision of low and moderate income housing. A minimum of 20 percent of all dwelling units in an affordable housing development shall be affordable to and occupied by low and moderate income families and at least one-half of these shall be affordable to and occupied by low income families as defined by State of New Jersey Council on Affordable Housing.
However, at the discretion of the Planning Board of the Township of Ocean, a developer may make a contribution towards the future construction of low and moderate income housing in lieu of the actual construction of such housing. The contribution may be in the form of cash, site improvements or land donation and must meet all of the following criteria:
(a)The value of the contribution must equal a minimum six thousand ($6,000.00) dollars per market rate housing unit to be constructed;
(b)The contribution must reasonably relate to the future construction of low and moderate income housing;
(c)Contribution in the form of cash or site improvements must be paid in full or guaranteed by bond at the time of signing of a developers agreement. Contribution in the form of land dedication must have ownership transferred to the Township at the time of signing of the developers agreement. In the event of a contribution of land, density for the purpose of this section will be calculated on the basis of the land area before the contribution.
All areas put into common ownership for the 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
a. Eligibility Standards.
1. Occupants of one-half of all lower income units shall meet the State of New Jersey Council on Affordable Housing eligibility requirements for low income families and one-half shall meet eligibility requirements for moderate income families.
2. The developer shall agree not to impose age restrictions upon the occupants of any low and moderate income unit, except as to specified senior citizen housing.
b. Housing Cost - New Housing. The initial rents and sales price of new affordable housing shall be computed as follows:
1. Sales prices. The initial sales price of all low and moderate income housing units should not exceed the affordability of households earning 90 percent of the ceiling income of low income and moderate income households, respectively, as defined in paragraph a,1. of this subsection. The sales price shall be calculated assuming that a family, earning 90 percent of the respective ceiling income, will spend 28 percent of its gross income on mortgage, taxes, insurance and homeowners association fees, assuming a 30 year fixed rate mortgage at prevailing rates. The initial sales price of a unit shall be verified by the Township Housing Administrator, or other authorized designee of the Township Council in the absence of a Housing Administrator, in writing prior to a unit being offered for sale.
2. Rental prices. The maximum initial monthly rent of a unit shall not exceed 25 percent of a qualifying family's income when utilities are not included and 30 percent of a qualifying family's income when utilities are included.
c. Subsidies. Government subsidies may be used at the discretion of the applicant to fulfill requirements of this subsection.
d. Resale and Rental of Lower Income Housing.
1. All lower income dwelling units shall be required to have covenants running with the land to control the resale price of for sale units or to employ other legal mechanisms which shall be approved by the Township attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income.
2. The owner of all rental units shall provide legal documentation, to be approved by the Township attorney, to assure that rental units will remain affordable to persons of lower income.
3. In the event that no low or moderate income purchaser is found within 120 days, after the unit is listed for sale with a realtor and the housing administrator is notified in writing of such listing, the low income unit may be sold to a moderate income purchaser or, if none is available within an additional 14 days, to any interested purchaser, and the moderate income unit to any interested purchaser. Regardless of the income of a purchaser, the sales price of a unit shall not increase more than permitted in paragraph d,6. of this subsection. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the housing administrator prior to resale. Resale controls shall remain in effect for any subsequent re-sales.
4. The Township and the applicant may develop reasonable priorities and qualifications for occupants of lower income housing, provided that Township residents and persons employed within the Township shall be entitled to first priority for all affordable housing units for a period of 30 business days from the time such units are listed for sale or resale, or made available for rent. Selection procedures shall be directed and administered by a Township official appointed each year as the housing administrator by the Township or, in the alternative, the Township may arrange for third party administration of resale and tenant selection of affordable housing.
5. The developer shall formulate and implement a written affirmative marketing plan acceptable to the Township Council. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.
6. Sales prices and rents may be increased in accordance with the guidelines issued by the State of New Jersey Council on Affordable Housing. In the absence of such guidelines, increases shall be based on the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor. The increase will be computed by comparing the Index at the time of purchase to the Index at the time of sale and increasing the price of the unit by the same proportionate increase. Reimbursements for documented monetary outlays for reasonable improvements to the unit will also be permitted, provided that such improvements have been approved by the housing administrator prior to construction.
7. Resale and rental controls shall remain in effect for the life of the unit or until such time as the Township determines that the need for the unit no longer exists. Such a determination shall be made by means of a periodic review of the Township's Master Plan Housing Element as mandated by the N.J. Municipal Land Use Law.
e. Phasing of Lower Income Housing. All affordable housing units shall be constructed according to the following schedule, except for any Senior Citizens Housing Complex which is to be subdivided from the remainder of the Affordable Housing Development tract and dedicated or sold to the Township or its designated authority. The phasing schedule for any such Senior Citizens Housing Complex shall be determined by the Planning Board at the time of approval of the application for development, and shall be included in the resolution of approval as a condition of approval.
1. Schedule for Phasing:
(a) Lower income housing shall be phased in accordance with the following schedule:
(b)The developer may construct the first 25 percent of the market housing units without constructing low and moderate income housing units. No certificates of occupancy shall be issued for any of the next 25 percent of the units until 25 percent of the low and moderate housing units (of which half must be low income) shall have been issued certificates of occupancy. This pattern shall be continued as each increment of 25% of the units are constructed until the project is complete.
2. Any development for which a subdivision or site plan has been approved shall be considered a single development for purposes of paragraph e. regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township attorney, setting forth the requirements for low and moderate income housing unit.
