The following regulations shall apply in all
R-400 Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Churches and similar places of worship, parish houses and convents, subject to the conditions specified in Article VI.
(3)
Public and private nonprofit schools and institutions
conducting study and research of wildlife, ecological study, etc.
(4)
Municipal parks, playgrounds and other such municipally
owned buildings.
(5)
Farming.
(6)
Golf courses.
D.
Off-street parking, loading and vehicular access: as per Article VII of this chapter as defined for that particular use.
F.
Conditional uses. The following uses may be permitted by the Planning Board subject to the conditions as specified for each use in Article IV and the conditional use procedures.
[Added 5-3-2004 by Ord. No. 5-2004]
The following regulations shall apply in all
R-200 Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Churches and similar places of worship, parish houses and similar accessory uses, subject to the conditions specified in Article VI.
(3)
Public and private nonprofit schools and institutions
of higher learning.
(4)
Municipal parks, playgrounds and other such municipal
buildings. The minimum land area shall not be less than 1/2 acre.
D.
Off -street parking, loading and vehicular access.
The following regulations shall apply in all
R-100 and R-100SC Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Churches and similar places of worship, parish houses and similar accessory uses, subject to the conditions specified in Article VI.
(3)
Public and private nonprofit schools and institutions
of higher learning.
(4)
Municipal parks, playgrounds and other such municipal
buildings. The minimum land area shall not be less than 1/2 acre.
D.
Off-street parking, loading and vehicular access.
The following regulations shall apply in all
R-75 Districts:
The following regulations shall apply in all
R-50 Districts:
A.
Permitted uses: same as those specified for the R-100
District.
C.
Area, yard and building requirements.
[Amended 12-5-1988 by Ord. No. 20-1988]
(2)
Tuckerton Beach area: as specified for the R-50 District in the schedule, § 255-7 of this chapter, unless modified in accordance with the standards set forth in § 255-49; except that in the Tuckerton Beach area, said area being that portion of the Borough of Tuckerton in the R-50 Districts located south of Bass Road, the maximum height limitation shall be 28 feet above the eight-foot base flood elevation, as referenced to the National Geodetic Vertical Datum of 1929.
D.
Off-street parking, loading and vehicular access.
F.
Conditional uses: none.
The following regulations shall apply in all
MF Districts:
B.
Permitted accessory uses: same as those specified
for the R-100 District. Such noncommercial facilities related to recreation,
social activities or laundry facilities which are solely for the residents
of a mobile home park or apartment project shall also be an accessory
use.
C.
Area, yard and building requirements: as specified for this district in the schedule, § 255-7 of this chapter.
D.
Off-street parking, loading and vehicular access. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in Article VII.
F.
Conditional uses: none.
G.
Other regulations and requirements.
(1)
Driveways for ingress and egress for a garden apartment
project shall not be located within 200 feet of an existing intersection
or create any other hazardous conditions. Acceleration and deceleration
lanes shall be installed where a traffic hazard exists or where substantial
traffic congestion shall be created.
(2)
All buildings shall be placed on a site in such a
manner that they are located in a nonuniform pattern and the distances
between buildings are varied. In no instance shall one building be
closer than 30 feet to another.
(3)
The facades of multiple dwelling units shall be varied
by changed front yard setback and variation of materials or design
in such a manner so that no more than three abutting buildings will
have the same front yard setback and the same or essentially the same
architectural treatment of facades and rooflines. In a building exceeding
eight units per building, the rooflines shall be broken and the building
line shall be broken to provide varied setbacks. There shall not be
more than 12 living units in any one building.
(4)
No common hall will be permitted except foyers at
exterior entrances for no more than two dwelling units.
(5)
No basement or below-grade dwelling unit shall be
permitted.
(6)
Each dwelling unit shall be considered a one-family
living unit, and combining separate households into one dwelling unit
regardless of relationship is prohibited.
(7)
All units shall be provided with public water, sanitary
sewers and electric and telephone services provided by means of underground
cable. One master television antenna shall be provided per building.
(8)
Provision shall be made for collection of refuse in
enclosed storage areas which shall be centrally located and easily
accessible to all units.
(9)
Appropriate areas shall be set aside for recreational
needs of residents and shall not be less than 10% of the gross acreage
to be developed. Recreation areas shall include improved playground
areas, outdoor grills, benches or sitting areas.
(11)
Concrete curbing shall be constructed along
existing street frontages, on access streets or driveways and around
parking areas. All access streets or drives and parking areas shall
have a bituminous surface. Sidewalks shall be constructed along existing
or proposed public streets.
(12)
No building, existing or proposed, shall be
located closer than 25 feet to a curbline to be constructed on site
for private street or driveway or 15 feet to parking areas.
(13)
Distance between curbs shall not be less than
25 feet on all driveways or private streets used for access to or
from the project.
(14)
Outdoor lighting. Lighting fixtures shall be
provided for walks, steps, parking areas and driveways to assure safe
and convenient nighttime use.
(15)
All existing trees, shrubs, evergreens and ground
cover shall be retained to the extent that they enhance the project,
are effective as a screen planting or are useful in protecting slopes.
If existing vegetation is not acceptable, the site shall be landscaped
to provide a minimum of 12 deciduous trees per acre and 24 evergreen
trees per acre.
(16)
A twenty-foot-wide buffer strip shall be provided
where the site adjoins commercial, single-family residential, office
or manufacturing uses. Said strip is to be planted with evergreen
shrubbery to a minimum height of six feet, approved by the Board.
(17)
In addition to such storage which may be provided
inside individual units, there shall be provided in the basement or
the ground floor 100 square feet of storage for each unit where personal
effects and belongings may be stored. Such storage shall be conveniently
located and shall be capable of being kept locked and separate from
the belongings of other occupants. There shall be a further minimum
common storage area of 200 cubic feet per dwelling unit in each building
for bicycles, perambulators and similar types of equipment.
[Amended 4-15-1985 by Ord. No. 4-1985]
The following regulations shall apply in all
PSC Planned Senior Citizen Residential Development/Medium-Density
Cluster Development Districts:
A.
Permitted uses: planned senior citizen residential
development.
B.
Conditional uses: medium-density cluster development
(MDCD).
C.
The following regulations shall apply in all PSC planned
senior citizen residential developments:
(1)
No building, structure or land shall be used and no
building or structure shall hereafter be erected, structurally altered,
enlarged or maintained except for a planned senior citizen residential
community as defined hereinafter. Specifically, such planned senior
citizen community shall include the following:
(a)
Dwellings.
(b)
Recreational and cultural facilities for the
sole use of residents and their guests, including at least one of
each of the following: clubhouse, shuffleboard courts, picnic grounds
and necessary accessory buildings for maintenance and administration.
Provisions shall be made for off-street parking. The applicant may
propose additional facilities; however, such facilities shall be for
the sole purpose of enhancing the residential characteristics of the
area, and no commercial advertising shall be permitted, except for
advertising related to the sale of units in the residential community.
(c)
Definition. A "planned senior citizen residential
community" (PSC) is defined as a development of a land area having
a contiguous total acreage of at least 40 acres. Said land, through
its corporation, association or owners, shall restrict use of the
property therein by deed, covenants and restrictions of record and
bylaws and rules and regulations for use of 50% of the units by permanent
residents of 55 years of age or older. The ownership of the residential
units and the area comprising the PSC may be by fee simple, with common
land or open space to be maintained through assessments against property
owners within the confines of said community or development, in accordance
with the provisions of N.J.S.A. 46:8B-1 et seq., or as rental units.
[Amended 9-16-2002 by Ord. No. 13-2002]
(d)
Nonprofit homeowners' association. A nonprofit
homeowners' association is an association of homeowners within a PSC
to which all homeowners, by deed restrictions, covenants, restrictions,
bylaws or otherwise, automatically belong and become members. The
purpose of the association is to own, maintain and preserve the common
lands, properties and facilities to be deeded to the owners or their
association and to provide the basic services and administer the enforcing
of the covenants, restrictions and bylaws, the costs thereof to be
shared equitably by the homeowners.
(2)
Development standards.
(a)
Minimum area. The minimum area of a PSC shall
be 40 acres.
(b)
Residential density. There shall be no more
than eight dwelling units per acre.
(c)
Residential building coverage. No more than
20% of the total area shall be covered by residential buildings.
(d)
Open space. No less than 50% of the total area
shall be devoted to open space as defined in this chapter.
(e)
Height of buildings. The maximum height of any
habitable building shall be 20 feet.
(f)
Buildings and minimum gross floor area. Each
building shall contain no more than six dwelling units. The minimum
gross floor area for a unit shall be 600 square feet.
(g)
Setbacks. No building, other than entrance gate
houses, walls and fences, shall be located within 50 feet of any exterior
boundary line of the tract nor closer than 100 feet to any street
classified as other than a local street in the adopted Master Plan
of the Borough of Tuckerton.
(h)
Distance between buildings. There shall be a
minimum distance of 12 feet between all buildings.
(i)
Roads. Interior roads shall be private streets
and shall have a paved width of 28 feet and shall be constructed according
to ordinance pertaining to roads for subdivision. Culs-de-sac shall
have minimum radius of 50 feet.
(j)
Off-street parking. Two spaces for each dwelling
unit plus one space per five dwellings for visitor parking shall be
provided. Individual driveway connections to garages attached to a
dwelling for purposes of this section shall be construed to meet this
standard.
(k)
Front yards, side yards and rear yards. All
buildings within a PSC development shall have a minimum front yard
of 25 feet from the curb of a private street; and, further, no building
shall be located within 25 feet of another.
(l)
Utilities. A PSC shall be serviced by common
water supply and public sewerage system in accordance with local and
state regulations, and the applicant shall grant public easements
to the municipality or the Tuckerton Municipal Utility Authority (TMUA),
or both, for all public utilities which shall be regulated and controlled
by said municipality in accordance with its applicable ordinances.
(m)
No dwelling unit or other structure shall have
a driveway connection to a public street.
(n)
All on-site, off-site and off-tract drainage
shall be provided for in accordance with Borough ordinances pertaining
to subdivision of lands,[1] as well as applicable state statutes and regulations.
Documents required by this chapter shall provide that any common lands
or open lands, recreational facilities and properties intended to
be deeded or conveyed to a homeowners' association must be deeded
to the nonprofit corporation of an analogous body immediately upon
its incorporation and organization and must be free and clear of any
encumbrances or liens at the time of passing of controls to the Board
of Trustees.
(o)
Where a PSC is a fee simple development, covenants
and restrictions and plot plans shall indicate that recreational areas
and green areas shall be dedicated to a homeowners' association or
its equivalent.
(3)
Permit notification. In addition to the foregoing,
it shall be mandatory for any applicant to provide the Planning Board
with a copy of all submissions to be made to any state agency pursuant
to the PSC Full Disclosure Act[3] at all stages of development and in keeping with the state's
right to regulate such community in matters not relating to local
planning issues, which regulations of said state agency shall be controlling.
[3]
Editor's Note: See N.J.S.A. 45:22A-21 et seq.
D.
The following regulations shall apply in all medium-density
cluster developments.
(1)
Guiding principles. Recognizing that medium-density
cluster development uses, activities and structures are necessary
to serve the needs and provide for the convenience of the citizens
of the Borough of Tuckerton and at the same time, appreciating the
fact that such uses may be or may become inimical to the public health,
safety and general welfare of the community if located without due
consideration to the existing conditions and surroundings, such uses
are designated as conditional uses subject to the standards and regulations
hereby established. The standards and regulations which follow herein
are intended to provide the Planning Board with a guide for reviewing
applications for medium-density cluster development as provided for
by this chapter. As a result of the review procedure, the applicant
may be required to meet additional standards and regulations imposed
by the Planning Board during site plan review, which are in keeping
with and which shall further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance for any use to
which they are a condition of approval.
(2)
MEDIUM-DENSITY CLUSTER DEVELOPMENT (MDCD)
OWNERSHIP
Definitions. As used in this subsection, the following
terms shall have the following meanings:
[Amended 6-8-1988 by Ord. No. 6-1988; 9-16-2002 by Ord. No.
13-2002]
A development of single-family attached dwellings which is
located in the PSC Zone, R-400 Zone or B-2 Zone.
A medium-density cluster development may have attached townhouse
units and may be owned as follows:
(3)
Schedule of minimum requirements.
(a)
In order to preserve the existing planning scheme
of the creeks of Tuckerton, all MDCD shall be a minimum distance of
200 feet from said creek beds and main arteries, with the exception
of access drives, which may be approved by the Planning Board and
which shall also apply to recreational areas. "Creeks" are defined
as existing natural waterways.
(b)
Minimum lot area. An MDCD must consist of at
least one or more contiguous tracts of land containing not less than
five acres.
(c)
Schedules of limitations. Area, yard and building requirements shall be as specified in the schedule accompanying § 255-7 of this chapter applicable to the PSC Planned Senior Citizens Residential Development District, except that the minimum lot area requirement shall be five acres and the maximum height requirement shall be 2 1/2 stories (30 feet).
(d)
Unit density per acre. The number of dwelling
units to be constructed on a tract of land for medium-density cluster
development shall not exceed eight dwelling units per acre of gross
area. "Gross area" is defined as the number of acres in the entire
tract, excluding land under permanent bodies of water or flowing streams
of water.
(e)
Units per structure. The number of dwelling
units within each structure in a medium-density cluster development
shall not exceed six per structure.
(f)
Maximum bedroom number. No dwelling unit in
a medium-density cluster development shall be permitted with more
than two bedrooms per unit.
(g)
Bedroom designation. All rooms, exclusive of
living rooms, dining rooms, kitchens and bathrooms, which contain
70 square feet or more of floor area shall be considered bedrooms.
Any dining room not directly accessible from and adjacent to the kitchen
shall also be considered a bedroom.
(i)
Building coverage. Building coverage shall not
exceed 20% of the entire tract area. However, where garages for each
unit are to be constructed, building lot coverage may be increased
to 25% of the entire tract area.
(j)
Width of units. No townhouse dwelling unit shall
be less than 17 feet wide.
(k)
Parking.
[1]
All parking facilities shall be on-site, that
is, located upon the same tract of land as the building they are to
service.
[2]
All parking facilities shall be located within
100 feet of the nearest entrance of the building such parking spaces
are intended to serve.
[3]
Parking spaces shall be provided on-site, in
areas designed specifically for parking.
[4]
Parking along interior streets shall be prohibited.
[5]
The total area devoted to parking shall not
exceed 20% of the entire tract.
[6]
The total aggregate area devoted to both parking
and interior streets shall not exceed 35% of the entire tract.
[7]
Each individual medium-density cluster development
unit shall be provided with a minimum of two parking spaces per unit.
An attached garage to a dwelling unit shall be counted as parking
space.
(l)
On-site improvements. All street improvements,
both internal and external, including grading and paving, driveways,
parking areas, sidewalks, curbs, gutters, streetlighting, shade trees,
water mains, water systems, culverts, storm sewers, sanitary sewers,
pumping stations, drainage structures, recreational facilities and
such other improvements as may be necessary to protect the public
interest shall be installed at the expense of the developer and shall
be completed in accordance with Borough ordinances.
(m)
Recreation area. A recreation area for use by
the residents of the development shall be constructed by the developer.
Land area equal to at least 250 square feet for each dwelling unit
shall be specified on the site plan and improved by the developer
as active recreation areas. Such areas shall be an integral part of
the development, and each shall be at least 10,000 square feet in
size, at least 100 feet wide and have a grade less than 5%, with no
improvement within 200 feet of creek. Where the medium-density cluster
development ownership option for a 50/50 mix is selected, the recreational
facilities shall provide activities for all age groups such as but
not limited to tot-lots and basketball for the single-family unit
activities and tennis, bocce, and shuffleboard for the age-restricted
units. These facilities may be located in separate areas throughout
the development or may be located in the same area, provided they
are separated by buffers which shall include landscaping and fencing.
[Amended 9-16-2002 by Ord. No. 13-2002]
(n)
Architecture and design. Each dwelling unit
and combined complex of dwelling units shall have a compatible architectural
theme with variations in design to provide a desirable visual environment
through development techniques and good civic design and arrangement
and to promote the conservation of open space and valuable natural
resources and to prevent the degradation of the environment through
improper use of land. The developer shall include in his plans consideration
of appropriate landscaping techniques, building orientation to the
site and to other structures, topography of the site, natural features
of the site and individual dwelling unit design. The design of individual
dwelling units shall provide for varying unit widths, staggering unit
setbacks, differing exterior materials, changing roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination, for each dwelling unit.
(o)
Soundproofing. All residential buildings shall
be designed and constructed with a soundproofing barrier between adjoining
units, with a Sound Transmission Class 50 as tested by the American
Society for Testing and Materials, E-90. Floor plans of each typical
unit shall be required.
(p)
Landscaping. All portions of the tract not utilized
by buildings or paved surfaces shall be landscaped utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and planting of conifers and/or
deciduous trees native to the area in order to either maintain or
reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planned for both aesthetic and drainage purposes.
The grading path, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(q)
Outside drying. No outside area or equipment
shall be provided for the hanging of laundry or the outside airing
of laundry in any manner. Sufficient area and equipment shall be made
available within each dwelling unit for the laundering and artificial
drying of laundry of occupants of each dwelling unit.
(r)
Master antenna. No individual exterior television
antennas shall be permitted, except that a master antenna for the
development shall be permitted.
(4)
Site plan. No conditional use shall be granted under
this chapter except as part of a contemporaneous site plan application
for review and approval.
(5)
Ownership, preservation and maintenance of common
open space. The developer shall make provisions which ensure that
the open-space land shall continue as such and be properly maintained
in perpetuity. The developer shall utilize the following method to
ensure the preservation and maintenance of common open-space land:
(a)
The developer shall provide for and establish
an organization for the ownership and maintenance of all common open-space
land. The organization shall be a nonprofit homeowners' corporation.
(b)
The organization shall be organized by the developer
and operated with financial subsidization by the developer, if necessary,
before the sale of any units within the development.
(c)
Membership in the organization shall be mandatory
for all residents of the MDCD.
(d)
The organization shall be responsible for maintenance
of insurance and payment of taxes on common open space.
(e)
The members of the organization shall be responsible
for bearing equitably the costs of maintaining and developing common
open space in accordance with procedures established by them.
(f)
The organization shall have or hire adequate
staff to administer common facilities and maintain the common open
space.
(g)
In the event that the organization established
to own and maintain a common open space, or any successor organization,
shall at any time after establishment of the MDCD fail to maintain
the common space in reasonable order and condition, and/or in accordance
with the development plan, the Borough may serve written notice upon
such organization or upon the residents and owners of the MDCD, setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition. Said notice shall include
a demand that deficiencies of maintenance be cured within 30 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 14 days of the notice. At such hearing, the Borough
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 30 days or any extension thereof,
the Borough, in order to preserve the taxable values of the properties
from becoming a public nuisance, may enter upon said common open space
and maintain the same for up to one year. Said entry and maintenance
shall not vest in the public any rights to use the common open space,
the use of which shall be restricted to the residents of the MDCD
who are members of the homeowners' corporation, except when the common
open space is voluntarily dedicated to the public by the residents
and owners and said dedication is accepted. Before the expiration
of the one-year term, the Borough shall, upon its own initiative or
upon the request of the organization theretofore responsible for the
maintenance of the common open space, call a public hearing upon notice
to such organization or to the residents and owners of the MDCD to
show cause why such maintenance by the Borough shall not, at the election
of the Borough, continue for a succeeding year. If the Borough shall
determine that such organization is not ready and able to maintain
said common open space in a reasonable condition, the Borough may,
in its discretion, continue to maintain said common open space during
the next succeeding year and, subject to a similar hearing and determination,
in each year thereafter. The decision of the Borough in any such case
shall constitute a final administrative decision subject to judicial
review.
(h)
The cost of such maintenance by the Borough
shall be assessed ratably against the properties within the MDCD that
have a right of enjoyment of the common open space and shall become
a tax lien on said properties.
(i)
Provisions of the development plan relating
to the use, bulk and location of buildings and structures; the quantity
and location of buildings and structures; the quantity and location
of common open space; and the intensity of use or the density of residential
units shall run in favor of the Borough and shall be enforceable in
law or in equity by the Borough without limitation on any power of
regulation otherwise granted the Borough by law. The development plan
shall specify which of its provisions run in favor of and are enforceable
by the residents of the MDCD, and, in addition, the manner in which
such residents may modify or release such rights.
(j)
The nonprofit homeowners' corporation shall
be incorporated pursuant to the provisions of Title 15 of the New
Jersey Statutes. The corporation shall be directed by a Board of Trustees
of not fewer than seven nor more than 11 persons. The organization,
procedures and duties of officers of the Board of Trustees shall be
in accordance with bylaws initially approved by the Planning Board.
Said bylaws shall provide a mechanism for amendment by favorable vote
of a specified majority.
(k)
The initial Board of Trustees shall be appointed
by the developer, and at least one member thereof shall be a resident
of the development. In the event that there are not yet any residents
at the time of appointment, at least one position shall be reserved
for the later appointment of a resident, which appointment shall occur
within 90 days of the first day of occupancy by a resident who is
other than an employee of the developer.
(l)
The terms of the initial appointees of the Board
of Trustees shall be staggered among terms of not less than one year
and not more than three years. Thereafter, all appointed or elected
terms shall be for a period of three years.
(m)
The developer shall have the exclusive right
to nominate and elect the members of the Board of Trustees, or any
number thereof, for a period of two years from the date of the first
sale or until the occupancy of 75% of all proposed units is effectuated,
whichever shall first occur; provided, however, that at least one
member of the Board of Trustees shall be a resident of the development.
(n)
After more than 75% of all proposed units in
the development are occupied or after two years from the date of the
first sale, whichever shall first occur, the replacement of the members
of the Board of Trustees who resign or whose terms expire shall be
by election by the resident members; provided, however, that the developer
shall be assigned at least two seats on the Board of Trustees, to
which it may appoint a person of its choice until all the units in
the proposed development have been occupied.
(o)
Regardless of the manner in which common open-space
land is occupied or developed, all areas of the development which
are not occupied by buildings, public streets or other required and/or
approved public improvements, or by lots which are plotted for sale,
shall be deeded to the homeowners' corporation for maintenance.
[Amended 10-2-1989 by Ord. No. 16-1989; 9-5-1990 by Ord. No. 17-1990; 4-6-1992 by Ord. No. 4-1992; 8-7-1995 by Ord. No.
12-1995; 12-15-1997 by Ord. No. 9-1997; 5-3-2004 by Ord. No.
5-2004]
The following regulations shall apply in all
B-1 Districts:
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Restaurants and other food service establishments.
(3)
Retail establishments (including indoor or outdoor
display of goods).
(4)
Personal service shops.
(5)
Business and professional offices.
(6)
Banks.
(7)
Churches and other similar places of worship, parish houses and similar accessory uses subject to conditions specified in Article VI.
(8)
Bed-and-breakfasts.
(9)
Combined residential and commercial uses permitted
in this subsection in one structure, provided that the square footage
of the residential unit shall not exceed the square footage of the
commercial unit, and further provided that all buildings utilizing
said mixed or combined uses shall comply with the local fire code.[1]
(10)
Marine supplies and equipment sales.
(11)
Bait and tackle sales.
(12)
Public and private nonprofit schools and institutions
of higher learning.
(13)
Municipal parks, playgrounds and other such
municipal buildings. The minimum land area shall not be less than
1/2 acre.
[Amended 4-18-1988 by Ord. No. 4-1988; 6-8-1988 by Ord. No.
6-1988; 4-6-1992 by Ord. No. 4-1992; 8-7-1995 by Ord. No.
12-1995; 12-15-1997 by Ord. No. 9-1997]
The following regulations shall apply in all
B-2 Districts:
A.
Permitted uses.
(1)
Churches and similar places of worship.
(2)
Public schools and institutions of higher education.
(3)
Public libraries and municipal buildings.
(4)
Public parks and playgrounds and similar recreation
areas not operated for gain.
(5)
Restaurants and other food service establishments.
(6)
Retail and wholesale establishments (including indoor
and outdoor display of goods).
(7)
Professional offices.
(8)
Personal service shops.
(9)
Business and professional services.
(10)
Motels and hotels.
(11)
New car dealership, inclusive of used car sales,
provided that outdoor display and storage of used cars is less than
half the total car display and storage area.
(12)
Commercial recreation facilities limited to
indoor theaters, tennis and racquetball courts, skating rinks and
bowling alleys.
(13)
Single-family residences.
(14)
Banks.
(15)
Nursing homes licensed by the State of New Jersey.
(16)
Marine supplies and equipment sales.
(17)
Boat sales.
(18)
Marine engine sales and repairs.
(19)
Bait and tackle sales.
(20)
Residential and commercial combined uses.
C.
Conditional uses. The following uses are defined as conditional uses and may be permitted, subject to the requirements as set forth for each particular use in Article IV.
E.
Off-street parking, loading and vehicular access. Off-street parking space for the use of patrons and employees shall be provided as further detailed in Article VII.
G.
Other provisions and requirements.
(1)
Landscaping and buffer requirements.
(a)
Total landscaped area shall be a minimum of
15% of the total lot area.
(b)
Wherever the property line of an occupied lot
in the B-2 District abuts or is directly across a street from a residential
zone, a buffer area of 15 feet is required.
(c)
The entire buffer area shall be planted with
grass seed or sod and other shrubbery or trees.
[Amended 8-7-1995 by Ord. No. 12-1995; 12-4-1995 by Ord. No.
18-1995; 12-15-1997 by Ord. No. 9-1997; 11-4-2002 by Ord. No.
18-2002]
The following regulations shall apply in all
B-3 Districts:
A.
Permitted uses.
(1)
Single-family residences.
(2)
Marine services, such as dockage, boat landing, boat
repairs and marine gasoline stations on docks or bulkheads.
(3)
Boat sales.
(4)
Marine engine sales and repairs.
(5)
Marine supplies and equipment sales.
(6)
Bait and tackle sales.
(7)
Shipbuilding yards and ways.
(8)
Retail fish markets.
(9)
Outside and indoor storage of boats in conjunction
with marine operations.
(10)
Motels and hotels when associated with marinas.
(11)
Restaurants and food service establishments.
(12)
Residential and commercial combined uses when
associated with marinas.
(13)
Seasonal cottages when associated with marinas.
(14)
Recreational vehicles when associated with marinas.
B.
Permitted accessory uses: no other accessory uses or buildings are permitted with the exception of outdoor storage sheds in accordance with the provisions of § 255-44 of this chapter.
C.
Conditional uses. The following uses are defined as conditional uses and may be permitted subject to the requirements as set forth for each particular use in Article IV.
(1)
Same as those specified for the B-2 District, excluding
gasoline service stations which shall not be a conditional use in
the B-3 Marine Commercial District.
E.
Off-street parking, loading and vehicular access. Off-street parking spaces for the use of patrons and employees shall be provided as further detailed in Article VII of this chapter.
G.
Other provisions and requirements.
(1)
No gasoline pump, gasoline storage tank or any structure
used for storing any fuel or oil shall be situated nearer than 100
feet to adjacent residential or commercial lands except other boatyards
and marinas.
(2)
Said boatyards and marinas may construct a lagoon,
provided that the following standards and conditions are compiled
with:
(a)
The lagoon shall be soundly bulkheaded.
(b)
The edge of said lagoon shall not be within
30 feet of a public street.
(c)
The plans therefor shall have previously been
submitted to the Borough Engineer and certified by him not to involve
any unreasonably hazardous conditions with respect to private rights
and property or to individuals or to navigation or to increase the
risk of damage by storm.
(3)
Nothing in this section shall be construed to prevent
community or neighborhood boat docks or slips, which may be on a cooperative
or proprietary basis, provided that they shall offer nothing for sale
other than space for wet and dry storage and no repair facilities
other than devices of capacity not over three tons for launching and
recovering boats.
(4)
A minimum buffer of 15 feet shall be required adjacent
to residential uses. Buffers must be planted with a combination of
evergreen and deciduous trees, shrubs, annuals and bulbs. Evergreen
plantings must be a minimum height of six feet upon installation.
Shrubs must be a minimum of three gallons upon installation.
(5)
Flat roofs are not permitted. Roofs must have a minimum
slope of 3:12.
(6)
Storage of boats are permitted in front, side or rear
yard setbacks.
[Added 9-19-1988 by Ord. No. 15-1988; amended 8-7-1995 by Ord. No. 12-1995; 12-15-1997 by Ord. No. 9-1997]
The following regulations shall apply in all
B-4 Districts:
A.
Permitted uses: the same as those specified for the
B-3 District.
B.
Permitted accessory uses: the same as those specified
for the B-3 District.
C.
Conditional uses. The following uses are defined as conditional uses and may be permitted subject to the requirements as set forth for each particular use in Article IV:
E.
Off-street parking, loading and vehicular access:
the same as those specified for the B-3 District.
F.
Signs: the same as those specified for the B-3 District.
G.
Other provisions and requirements: the same as those
specified for the B-3 District.
H.
The following regulations shall apply in all waterfront
cluster housing developments:
(1)
Guiding principles.
(a)
Recognizing that waterfront cluster development
uses, activities and structures are necessary to serve the needs and
provide for the convenience of the citizens of the Borough of Tuckerton
and at the same time appreciating the fact that such uses may be or
may become inimical to the public health, safety and general welfare
of the community if located without due consideration to the existing
conditions and surroundings, such uses are designated as conditional
uses subject to the standards and regulations hereby established.
The standards and regulations which follow herein are intended to
provide the Planning Board with a guide for reviewing applications
for waterfront cluster development as provided for by this chapter.
As a result of the review procedure, the applicant may be required
to meet additional standards and regulations imposed by the Planning
Board during site plan review which are in keeping with and which
shall further the intent of these standards and regulations. Such
standards and regulations shall be provided for and maintained as
a condition of the establishment and maintenance for any use to which
they are a condition of approval.
(b)
It shall be the underlying, basic requirement
that, all other provisions notwithstanding, any development application
pursuant to the MC/WC provisions shall be required to maintain an
equal or greater number of boat slips than existed on the parcel prior
to such development.
(2)
OWNERSHIP
WATER ACCESS
WATER FRONTAGE
WATERFRONT CLUSTER DEVELOPMENT
Definitions. As used in this section, the following
terms shall have the following meanings:
A waterfront cluster may have townhouse units in which each
unit is owned in fee simple or in which the owner of each individual
unit owns his individual townhouse and boat slip along with a percentage
of the commonly owned land.
Access to boat dockage facilities. Such boat dockage facilities
shall be located on Tuckerton Creek, its tributaries south of Route
9 or upon lagoons.
See "water access."
A development of single-family attached dwellings which is
located on Tuckerton Creek or its tributaries or a lagoon or which
otherwise has water frontage.
(3)
Schedule of minimum requirements.
(a)
Boat dockage facilities. Boat dockage facilities
shall be contained on site. Boat dockage facilities shall be bulkheaded
and have a dock or a slip suitable for docking a personal pleasure
craft. Each waterfront cluster development dwelling unit shall be
provided with a minimum of one slip. Ownership of each slip shall
be by the owner of each waterfront cluster development unit for which
it has been constructed, it being the intention of this provision
that ownership of each waterfront cluster development unit shall perpetually
include ownership of the boat slip constructed to service said unit
and that ownership of the slips cannot be separated from the dwelling
units.
(b)
Minimum size of dockage facilities. Each boat
dockage facility shall be a minimum of 25 feet for a parallel dock
or 15 feet for a perpendicular slip.
(c)
Minimum lot area. An MC/WC must consist of at
least one or more contiguous tracts of land containing not less than
two acres in total acreage.
(d)
Schedules of limitations. The schedule of limitations provided by § 255-7 of the Borough of Tuckerton Code for the B-3 Zone is hereby made a part of this section providing for waterfront cluster development and shall be applicable to all waterfront cluster development construction including but not limited to the standards of minimum yard and bulk requirements.
(e)
Unit density per acre.
[1]
Gross density. The number of dwelling units
to be constructed on a tract of land for waterfront cluster development
shall not exceed the 8.5 dwelling units per acre of gross area. "Gross
area" is defined as the number of acres in the entire tract, excluding
land under permanent bodies of water or flowing streams of water.
In the event that this formula results in a permitted fractional unit,
the total shall be rounded up to the nearest whole number.
[2]
Net density. Notwithstanding the provisions of gross density provided hereinabove by Subsection H(3)(e)[1], the number of dwelling units to be constructed on buildable land within a tract of land to be developed for waterfront cluster development shall not exceed 10 dwelling units per acre of buildable area. "Buildable area" is defined as the number of acres in the entire tract, excluding:
(f)
Units per structure. The number of dwelling
units within each waterfront cluster development structure shall not
exceed five per structure. Buildings shall be spaced a minimum of
25 feet between any two buildings.
(g)
Maximum bedroom number. No waterfront cluster
development dwelling shall be permitted with more than two bedrooms
per unit.
(h)
Bedroom designation. All rooms, exclusive of
living rooms, dining rooms, kitchens and bathrooms, which contain
70 square feet or more of floor area shall be considered bedrooms.
Any dining room not directly accessible from and adjacent to the kitchen
shall also be considered a bedroom.
(j)
Width of units. No townhouse dwelling unit shall
be less than 17 feet wide.
(k)
Parking.
[1]
All parking facilities shall be on site, that
is, located upon the same tract of land as the building they are to
service.
[2]
All parking facilities shall be located within
100 feet of the nearest entrance of the building such parking spaces
are intended to serve.
[3]
Parking spaces shall be provided on site in
areas designed specifically for parking.
[4]
Parking along interior streets shall be prohibited.
[5]
Each individual waterfront cluster development
unit shall be provided with a minimum of two parking spaces per unit.
An attached garage to a dwelling unit shall be counted as one parking
space. Driveways may not be counted as parking space.
(l)
On-site improvements. All street improvements,
both internal and external, including grading and paving, driveways,
parking areas, sidewalks, curbs, gutters, streetlighting, shade trees,
water mains, water systems, culverts, storm sewers, sanitary sewers,
pumping stations, drainage structures, recreational facilities and
such other improvements as may be necessary to protect the public
interest, shall be installed at the expense of the developer and shall
be completed in accordance with Borough ordinance.
(m)
Recreation area. A recreation area for use by
the residents of the development shall be constructed by the developer.
Land area equal to at least 250 square feet for each dwelling unit
shall be specified on the site plan and improved by the developer
as active recreation area. Such areas shall be an integral part of
the development, and each shall be at least 5,000 square feet in size,
at least 50 feet wide and have a grade of less than 5%.
(n)
Architecture and design. Each dwelling unit
and combined complex of dwelling units shall have a compatible architectural
theme with variations in design to provide a desirable visual environment
through development techniques and good civic design and arrangement
and to promote the conservation of open space and valuable natural
resources and to prevent the degradation of the environment through
improper use of land. The developer shall include in his plans consideration
of appropriate landscaping techniques, building orientation to the
site and to other structures, topography of the site, natural features
of the site and individual dwelling unit design. The design of individual
dwelling units shall provide for varying unit widths, staggering unit
setbacks, differing exterior materials, changing roof design, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination for each dwelling unit.
(o)
Soundproofing. All residential buildings shall
be designed and constructed with a soundproofing barrier between adjoining
units with a sound transmission Class 50 as tested by the American
Society for Testing and Materials, E-90. Floor plans of each typical
unit shall be required.
(p)
Landscaping. All portions of the tract not utilized
by buildings or paved surfaces shall be landscaped utilizing combinations,
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and planting of conifers and/or
deciduous trees native to the area in order to either maintain or
reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planned for both aesthetic and drainage purposes.
The grading plan, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(q)
Outside drying. No outside area or equipment
shall be provided for the hanging of laundry or the outside airing
of laundry in any manner. Sufficient area and equipment shall be made
available within each dwelling for the laundering and artificial drying
of laundry of occupants of each dwelling unit.
(r)
Antennas. No exterior antennas shall be permitted.
(s)
Winterization. Each dwelling unit shall have
the ability to be winterized without affecting another unit; for example,
if the drain lines and/or waterlines of Unit A run through Unit B,
Unit A can still function even if Unit B has no heat and is winterized.
(t)
Trash and refuse. All trash and refuse shall
be kept in metal containers or the equivalent, to prevent scavenging
by insects or wildlife.
(u)
Utilities. All utilities will be installed underground.
(v)
Fire walls. All residential buildings shall
be designed and constructed with a fireproof barrier between adjoining
units with a fire rating of a two-hour burn. Such walls shall extend
to the roof of the structure.
(4)
Site plan. No conditional use shall be granted under
this chapter except as part of a contemporaneous site plan application
for review and approval.
(5)
Ownership, preservation and maintenance of common
open space. The developer shall make provisions which ensure that
the open-space land shall continue as such and be properly maintained
in perpetuity. The developer shall utilize the following method to
ensure the preservation and maintenance of common open-space land:
(a)
The developer shall provide for and establish
an organization for the ownership and maintenance of all common open-space
land. The organization shall be a nonprofit homeowners' corporation.
(b)
The organization shall be organized by the developer
and operated with financial subsidization by the developer, if necessary,
before the sale of any units within the development. After the sale,
the developer's obligation shall be reduced ratably according to the
number sold.
(c)
Membership in the organization shall be mandatory
for all residents of the MC/WC.
(d)
The organization shall be responsible for maintenance
of insurance and payment of taxes on common open space.
(e)
The members of the organization shall be responsible
for bearing equitably the costs of maintaining and developing common
open space in accordance with procedures established by them.
(f)
The organization shall have or hire adequate
staff to administer common facilities and maintain the common open
space.
(g)
In the event that the organization established
to own and maintain a common open space or any successor organization
shall at any time after establishment of the MC/WC fail to maintain
the common space in reasonable order and condition and/or in accordance
with the development plan, the Borough may serve written notice upon
such organization or upon the residents and owners of the MC/WC setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition. Said notice shall include
a demand that deficiencies of maintenance be cured within 30 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 14 days of the notice. At such hearing, the Borough
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 30 days or any extension thereof,
the Borough, in order to preserve the taxable values of the properties
within the MC/WC and/or to prevent the common open space from becoming
a public nuisance, may enter upon said common open space and maintain
the same for up to one year and assess the cost thereof to the residents
proportionally to each unit's share of the common element. Said entry
and maintenance shall not vest in the public any rights to use the
common open space, the use of which shall be restricted to the residents
of the MC/WC who are members of the homeowners' corporation, except
when the common open space is voluntarily dedicated to the public
by the residents and owners and said dedication is accepted. Before
the expiration of the one-year term, the Borough shall, upon its own
initiative or upon the request of the organization theretofore responsible
for the maintenance of the common open space, call a public hearing
upon notice to such organization or to the residents and owners of
the MC/WC to show cause why such maintenance by the Borough shall
not, at the election of the Borough, continue for a succeeding year.
If the Borough shall determine that such organization is not ready
and able to maintain said common open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination in each year thereafter. The decision of
the Borough in any such case shall constitute a final administrative
decision subject to judicial review.
(h)
The cost of such maintenance by the Borough
shall be assessed ratably against the properties within the MC/WC
that have a right of enjoyment of the common open space and shall
become a tax lien on said properties.
(i)
Provisions of the development plan relating
to the use, bulk and location of buildings and structures, the quantity
and location of buildings and structures, the quantity and location
of common open space and the intensity of the use or the density of
residential units shall run in favor of the Borough and shall be enforceable
in law or in equity by the Borough without limitation on any power
of regulation otherwise granted the Borough by law. The development
plan shall specify which of its provisions run in favor of and are
enforceable by the residents of the MC/WC and, in addition, the manner
in which such residents may modify or release such rights.
(j)
The nonprofit homeowners' corporation shall
be incorporated pursuant to the provisions of Title 15 of the New
Jersey Statutes. The corporation shall be directed by a Board of Trustees
of not less than seven nor more than 11 persons. The organization,
procedures and duties of officers of the Board of Trustees shall be
in accordance with bylaws initially approved by the Planning Board.
Said bylaws shall provide a mechanism for amendment by favorable vote
of a specified majority.
(k)
The initial Board of Trustees shall be appointed
by the developer, and at least one member thereof shall be a resident
of the development. In the event that there are not yet any residents
at the time of appointment, at least one position shall be reserved
for the later appointment of a resident, which appointment shall occur
within 90 days of the first day of occupancy by a resident who is
other than an employee of the developer.
(l)
The terms of the initial appointees of the Board
of Trustees shall be staggered among terms of not less than one year
and not more than three years. Thereafter, all appointed or elected
terms shall be for a period of three years.
(m)
The developer shall have the exclusive right
to nominate and elect members of the Board of Trustees, or any number
thereof, for a period of two years from the date of the first sale
or until the occupancy of 75% of all proposed units is effectuated,
whichever shall first occur; provided, however, that at least one
member of the Board of Trustees shall be a resident of the development.
(n)
After more than 75% of all proposed units in
the development are occupied or after two years from the date of the
first sale, whichever shall first occur, the replacement of the members
of the Board of Trustees who resign or whose terms expire shall be
by election by the resident members; provided, however, that the developer
shall be assigned at least two seats on the Board of Trustees, to
which it may appoint a person of its choice until all the units in
the proposed development have been occupied.
(o)
Regardless of the manner in which common open
space is occupied or developed, all areas of the development which
are not occupied by buildings, public streets or other required and/or
approved public improvements or by lots which are plotted for sale
shall be deeded to the homeowners' corporation for maintenance.
[Added 5-3-2004 by Ord. No. 5-2004]
The following regulations shall apply in the
SV-Seaport Village District:
A.
Permitted uses.
(1)
Restaurants and other food service establishments.
(2)
Retail establishments.
(3)
Personal service shops.
(4)
Business and professional offices.
(5)
Banks.
(6)
Churches and other similar places of worship.
(7)
Combined residential and commercial uses permitted
in this subsection in one structure, provided that the square footage
of the residential unit shall not exceed the square footage of the
commercial unit, and further provided that the requirements of the
current fire code shall be followed.[1]
(8)
One-family dwellings.
(9)
Municipal buildings, parks, playgrounds, and other
such municipal uses.
D.
Area, yard and building requirements.
(1)
[2]
Editor's Note: The schedule is included at the end of this chapter.
(2)
A minimum landscape area of 10% of the lot area shall
be provided where setbacks permit. Planters, benches, and street side
trees shall be substituted where front yard setback does not permit
landscaping.
(3)
Building appearance and characteristics must match
the appearance of other buildings in the Seaport Village District,
subject to the recommendation of the Landmarks Commission.
