A. 
Official Zoning Map.
(1) 
The locations and boundaries of the zone districts of the Township are hereby established as shown on the Zoning Map of the Township of Middletown, New Jersey, which is hereby made a part of this Chapter, together with all notations, references and designations shown thereon and amended.[1]
[1]
Editor's Note: The Zoning Map, referred to herein, is included as an attachment to this chapter.
(2) 
Authentication of Official Zoning Map. Subsequent to the adoption of this chapter and any revisions to the Zoning Map and Schedule of Area, Yard and Building Requirements, three copies of the Zoning Map shall be authenticated by the Mayor's signature, and the seal of the municipality, attested by the Township Clerk, under the following certificate:
"I certify that this is the Official Zoning Map of the Township of Middletown, New Jersey, referred to in Chapter 540 of the Code of the Township of Middletown, New Jersey."
(3) 
Maintenance of the Official Zoning Map. Authenticated copies of the Official Zoning Map shall be maintained in the office of the Township Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the Official Zoning Map may be produced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with § 540-312 and N.J.S.A. 40:55D-16. However, the original copy of the Official Zoning Map maintained in the office of the Township Clerk shall be the final authority as to the current status of zoning districts in the Township of Middletown.
(4) 
Revision to the Official Zoning Map.
[Amended by Ord. No. 2001-2664; 3-18-2002 by Ord. No. 2002-2673; 3-17-2003 by Ord. No. 2003-2710; 6-16-2003 by Ord. No. 2003-2723; 2-17-2004 by Ord. No. 2004-2753; 2-17-2004 by Ord. No. 2004-2754; 2-17-2004 by Ord. No. 2004-2755; 4-7-2004 by Ord. No. 2004-2760; 7-19-2004 by Ord. No. 2004-2772; 12-6-2004 by Ord. No. 2004-2793; 12-6-2004 by Ord. No. 2005-2802; 3-21-2005 by Ord. No. 2005-2810; 7-18-2005 by Ord. No. 2005-2823; 8-1-2005 by Ord. No. 2005-2824; 8-15-2005 by Ord. No. 2005-2830; 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916; 7-20-2009 by Ord. No. 2009-2979; 11-16-2009 by Ord. No. 2009-2992; 2-16-2010 by Ord. No. 2010-2999; 11-21-2011 by Ord. No. 2011-3046]
(a) 
When, in accordance with the provisions of this Chapter and of state law, revisions are made in district boundaries or other matters portrayed in the Zoning Map, such changes will not become effective until the Zoning Map has been amended, with an entry bearing the date of adoption, ordinance number, a brief description of the change(s) and the name of the person responsible for the Zoning Map change.
(b) 
Each revision shall be authenticated by the Mayor and attested by the Township Clerk in accordance with § 540-901A(2). Each ordinance amending the Official Zoning Map in any manner shall include the provision that it shall not take effect until the Official Zoning Map has been amended in accordance with these provisions.
(c) 
No changes of any nature shall be made to the Official Zoning Map except in conformity with the above procedure. Any unauthorized changes to the Map or its contents by any person or persons shall be considered a violation of this chapter.
(5) 
Areas of special flood hazard. Pursuant to N.J.S.A. 40:55D-65e and 40:48-1 et seq., the following lands are hereby designated as areas of special flood hazard within the Township of Middletown for the purpose of administering and applying the development regulations and procedures of § 540-943 of this chapter.
[Amended 9-21-2009 by Ord. No. 2009-2989]
(a) 
Basis for establishing the areas of special flood hazard.
[1] 
The areas of special flood hazard for the Township of Middletown, Community No. 340313, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[Amended 6-4-2018 by Ord. No. 2018-3221]
[a] 
A scientific and engineering report "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)," whose effective date is June 20, 2018.
[b] 
Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions), as shown on index and panel(s) 34025C0034F, 34025C0042F, 34025C0044F, 34025C0055F, 34025C0060F, 34025C0061F, 34025C0062F, 34025C0063F, 34025C0064F, 34025C0066F, 34025C0067G, 34025C0068F, 34025C0069F, 34025C0080F, 34025C0086G, 34025C0088G, 34025C0157F, 34025C0159F, 34025C0176F, 34025C0177F, 34025C0178F, 34025C0179F, 34025C0181F, whose effective date is June 20, 2018.
[c] 
Best available flood hazard data. These documents shall take precedence over effective panels and FIS in construction and development regulations only. Where the effective mapping or prelminary base flood elevation conflict or overlap with the best available flood hazard data, whichever imposes the more stringent requirement shall prevail.
[2] 
The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at Middletown Municipal Building, 1 Kings Highway, Middletown, New Jersey 07748.
(b) 
The Master Drainage Plan of Middletown Township, Volumes I through VII, by T&M Associates, as amended and supplemented, is hereby adopted by reference and made a part of this chapter.
(c) 
In cases where there are conflicts between the two maps, the more stringent shall apply.
(d) 
Interpretation of FIRM boundaries. The Administrative Officer (Construction Official) shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 540-527N and O.
[Amended 4-15-2013 by Ord. No. 2013-3082; 6-4-2018 by Ord. No. 2018-3221]
B. 
Interpretation of district boundaries.
(1) 
Zone district boundaries are intended to follow streets, lots or property lines, or other natural lines such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled, and lands acquired by the accretion or stream diversion by natural causes.
(2) 
In constructing the Official Zoning Map, the following rules shall apply:
(a) 
Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.
(b) 
Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
(c) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(d) 
Boundaries indicated as parallel to or extensions of features indicated in Subsection B(2)(a) through (c) above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale appearing thereon.
(e) 
Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.
A. 
The Township of Middletown is hereby divided into the following zoning districts:
R-220
Rural Estate Residence Zone
R-130
Rural Estate Residence Zone
R-110
Rural Estate Residence Zone
R-90
Low Density, Single-Family Residence Zone
RR
Rural Residential Zone
[Added 11-21-2011 by Ord. No. 2011-3046]
R-45
Low Density, Single-Family Residence Zone
R-45A
Medium/Low Density, Single-Family Residence Zone
R-30
Medium Density, Single-Family Residence Zone
R-22
Medium Density, Single-Family Residence Zone
R-22A
Medium Density, Single-Family Residence Zone
R-15
Medium Density, Single-Family Residence Zone
R-10
Medium Density, Single-Family Residence Zone
RTF
Two-Family Residence Zone
R-7
High Density, Single-Family Residence Zone
R-5
High Density, Single-Family Residence Zone
R-O
Residence and Office Zone
B-1
Business Zone
B-1A
Business Zone
B-2
Business Zone
B-3
Business Zone
B/P
Business/Park Zone
M-1
Light Industrial Zone
MC
Marine Commercial Zone
PRH
Public Recreation and Housing Zone
[Amended 7-18-2005 by Ord. No. 2005-2825]
R-1
Planned Adult Community Zone
R-2
Planned Adult Community Zone
RTH
Multifamily Townhouse Residential Zone
RTH-1
Multifamily Townhouse Residential Zone
RTH-2
Multifamily Townhouse Residential Zone
RTH-3
Multifamily Townhouse Residential Zone
RGA
Multifamily Garden Apartment Residential Zone
RGA-1
Multifamily Garden Apartment Residential Zone
RGA-2
Multifamily Garden Apartment Residential Zone
RGA-3
Multifamily Garden Apartment Residential Zone
RGA-4
Multifamily Garden Apartment Residential Zone
[Added 2-17-2004 by Ord. No. 2004-2754]
RHA
Multifamily Mid-Rise Apartment Residential Zone
RHA-1
Multifamily Mid-Rise Apartment Residential Zone
OR
Office Research Zone
OR-1
Office Research Zone
OR-2
Office Research Zone
OR-3
Office Research Zone
[Amended 6-17-1996 by Ord. No. 96-2441]
PD
Planned Development Zone
[Added 7-20-2009 by Ord. No. 2009-2979]
FL
Federal Land Zone
[Amended 7-18-2005 by Ord. No. 2005-2825]
FH
Areas of Special Flood Hazard
RTH-4
Multifamily Townhouse Residential Zone
[Added 2-17-2004 by Ord. No. 2004-2753]
RTH-5
Multifamily Townhouse Residential Zone
[Added 2-17-2004 by Ord. No. 2004-2755]
RTH-6
Multifamily Townhouse Residential Zone
[Added 7-19-2004 by Ord. No. 2004-2772]
RTH-7
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord. No. 2005-2825]
RTH-8
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord. No. 2005-2825]
RTH-9
Multifamily Townhouse Residential Zone
[Added 7-18-2005 by Ord. No. 2005-2825]
R-3
Age-Restricted Active Adult Zone
[Added 8-15-2005 by Ord. No. 2005-2830]
RMF-1
Residential Multifamily Zone
[Added 7-20-2009 by Ord. No. 2009-2979]
RMF-2
Residential Multifamily Zone
[Added 7-20-2009 by Ord. No. 2009-2979]
RMF-3
Residential Multifamily Zone
[Added 11-16-2009 by Ord. No. 2009-2992]
RMF-4
Residential Multifamily Zone
[Added 11-16-2009 by Ord. No. 2009-2992]
RMF-5
Residential Multifamily Zone
[Added 11-16-2009 by Ord. No. 2009-2992]
B. 
The listing of permitted uses, conditional uses, accessory uses and prohibited uses is hereby established as shown on the Schedule of Permitted Uses, which is attached to this chapter and is hereby made a part of this chapter. Any use which is not specifically designated as a permitted use, an accessory use, or a conditional use shall be deemed a prohibited use. This provision shall be construed as protective of the zoning scheme and any doubt shall be resolved in interpreting the doubtful use as prohibited.[1]
[Amended 3-18-2002 by Ord. No. 2002-2673; 12-16-2002 by Ord. No. 2002-2705; 6-16-2003 by Ord. No. 2003-2723; 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No. 2004-2793; 12-6-2004 by Ord. No. 2004-2801; 4-18-2005 by Ord. No. 2005-2815; 5-21-2007 by Ord. No. 2007-2916; 7-20-2009 by Ord. No. 2009-2979; 11-16-2009 by Ord. No. 2009-2992; 2-16-2010 by Ord. No. 2010-2999; 4-18-2011 by Ord. No. 2011-3029; 11-21-2011 by Ord. No. 2011-3046; 10-15-2012 by Ord. No. 2012-3071; 9-16-2013 by Ord. No. 2013-3095]
[1]
Editor's Note: The Schedule of Permitted Uses is included as an attachment to this chapter.
C. 
The Schedule of Area, Yard and Building Requirements, Single-Family Residential Zones, Schedule of Area, Yard and Building Requirements, Multifamily Residence Zones, Schedule of Area, Yard and Building Requirements, Nonresidential Zones, which are attached to this chapter, and are hereby made a part of this chapter, are intended to be a reference and supplemental to the regulations set forth in this chapter. In cases where a conflict exists between the reference schedules and the regulations herein specified, the regulations shall apply.[2]
[Amended 9-18-2000 by Ord. No. 2000-2589; 12-18-2000 by Ord. No. 2000-2605; 3-18-2002 by Ord. No. 2002-2673; 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793; 7-20-2009 by Ord. No. 2009-2979; 11-16-2009 by Ord. No. 2009-2992; 2-22-2011 by Ord. No. 2011-3026; 12-17-2012 by Ord. No. 2012-3073[3]]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements schedule referred to herein may be found in Appendix B at the end of this volume.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The regulations set forth in this chapter for each district shall be the minimum standards and shall apply uniformly to each class of structure or land within the district, except as hereafter provided.
E. 
No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building to be used, designed, or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which it is located.
F. 
Every main building shall be located on a lot as defined in this chapter. Except for planned development groups complying with all the regulations applying thereto as prescribed by this chapter, no more than one single- or two-family dwelling building and its accessory buildings shall hereafter be erected on any one lot.
G. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
H. 
For the purpose of this article, uses and structures in each district shall conform to the standards of § 540-606B, fifty-foot buffer widths; § 540-612E, driveway setbacks, except for driveways located on lots less than 7,500 square feet and excluding approved shared driveway arrangements; § 540-616, Fences, walls and hedges; § 540-619B(2), garage sizes; § 540-624K, Minimum circle diameter; § 540-627, Off-street parking; § 540-635, Signs; and § 540-641D(8), street, road or right-of-way setbacks, excluding approved shared access arrangements; which standards shall apply uniformly to each class of structure or land within the district. Development applications not conforming to the aforementioned sections shall require a variance or variances pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-70.c(1)(2).
[Amended 7-18-2005 by Ord. No. 2005-2825; 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916]
I. 
The method of calculating lot coverage for all parcels created, subdivided, merged or established after the effective date of this chapter shall be based upon the contiguous buildable lot area and not the gross tract area. The method of calculating lot coverage for existing isolated lot, lawfully existing prior to the effective date of this chapter shall be based upon the gross tract area and not the buildable lot area.
J. 
Any lot existing at the time of the adoption of this chapter which was undersized, and which was included in a zone which changed to require a larger minimum lot size than the previous zone standard shall be required to conform only to the standards that were applicable prior to the adoption of this chapter.
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Gross lot area: 220,000 square feet.
(b) 
Buildable lot area: 2.5 acres.
(2) 
Building setbacks:
[Amended 6-19-2006 by Ord. No. 2006-2879]
Principal
(feet)
Accessory
(feet)
Front
115
115
Side
75
75
Street side
115
115
Rear
125
75
Street rear
115
115
(3) 
Lot frontage: 325 feet.
(4) 
Gross floor area: 3,000 square feet.
(5) 
First floor area: 2,000 square feet.
B. 
Maximum regulations.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(1) 
Dwelling unit density: one dwelling unit per five acres.
(2) 
Lot coverage:
(a) 
Buildings: 5%.
(b) 
Total: 10%.
(3) 
Floor area ratio*: 6%.
(4) 
Gross floor area of all structures*: 20,000 square feet.
(5) 
Building height: 2 1/2 stories; 35 feet.
NOTE:
*
Where the maximum gross floor area permitted exceeds the permitted floor area ratio, the floor area ratio shall govern.
C. 
Other regulations.
(1) 
Accessory dwellings shall be permitted for the purpose of providing residences for domestic employees and/or farm workers. One such dwelling shall be permitted for each 100,000 square feet of lot area, up to a maximum of three accessory dwellings. Such units shall not be sold or rented to or occupied by any person other than the domestic employee and/or farm workers and his or her family. No more than one such unit may be attached to or within the principal dwelling. A deed restriction shall be recorded limiting the use of such accessory dwellings to domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Gross lot area: 130,000 square feet.
(b) 
Buildable lot area: 1.5 acres.
(2) 
Building setbacks:
[Amended 6-19-2006 by Ord. No. 2006-2879]
Principal
(feet)
Accessory
(feet)
Front
85
85
Side
50
50
Street side
85
85
Rear
100
50
Street rear
85
85
(3) 
Lot frontage: 275 feet.
(4) 
Gross floor area: 2,000 square feet.
(5) 
First floor area: 1,500 square feet.
B. 
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825; 6-19-2006 by Ord. No. 2006-2879]
(1) 
Dwelling unit density: one dwelling unit per three acres.
(2) 
Lot coverage:
(a) 
Buildings: 5%.
(b) 
Total: 10%.
(3) 
Floor area ratio*: 7%.
(4) 
Gross floor area of all structures*: 12,000 square feet.
(5) 
Building height: 2 1/2 stories; 35 feet.
NOTES:
*
Where the maximum gross floor area permitted exceeds the permitted floor area ratio, the floor area ratio shall govern.
C. 
Other regulations.
(1) 
Accessory dwellings shall be permitted for the purpose of providing residences for domestic employees and/or farm workers. One such dwelling shall be permitted for each 100,000 square feet of lot area, up to a maximum of three accessory dwellings. Such units shall not be sold or rented to or occupied by any person other than the domestic employee and/or farm workers and his or her family. No more than one such unit may be attached to or within the principal dwelling. A deed restriction shall be recorded limiting the use of such accessory dwellings to domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Gross lot area: 110,000 square feet.
(b) 
Buildable lot area: 1.25 acres.
(2) 
Building setbacks:
[Amended 6-19-2006 by Ord. No. 2006-2879]
Principal
(feet)
Accessory
(feet)
Front
75
75
Side
40
40
Street side
75
75
Rear
75
40
Street rear
75
75
(3) 
Lot frontage: 250 feet.
(4) 
Gross floor area: 2,000 square feet.
(5) 
First floor area: 1,500 square feet.
B. 
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825; 6-19-2006 by Ord. No. 2006-2879]
(1) 
Dwelling unit density: one dwelling unit per 2.5 acres.
(2) 
Lot coverage:
(a) 
Buildings: 5%.
(b) 
Total: 10%.
(3) 
Floor area ratio*: 7%.
(4) 
Gross floor area of all structures*: 10,000 square feet.
(5) 
Building height: 2 1/2 stories; 35 feet.
NOTES:
*
Where the maximum gross floor area permitted exceeds the permitted floor area ratio, the floor area ratio shall govern.
C. 
Other regulations.
(1) 
Accessory dwellings shall be permitted for the purpose of providing residences for domestic employees and/or farm workers. One such dwelling shall be permitted for each 100,000 square feet of lot area, up to a maximum of three accessory dwellings. Such units shall not be sold or rented to or occupied by any person other than the domestic employee and/or farm workers and his or her family. No more than one such unit may be attached to or within the principal dwelling. A deed restriction shall be recorded limiting the use of such accessory dwellings to domestic employees and/or farm workers only.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(2) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Gross lot area: 90,000 square feet.
(b) 
Buildable lot area: one acre.
(2) 
Building setbacks:
[Amended 9-18-2000 by Ord. No. 2000-2589]
Principal
(feet)
Accessory
(feet)
Front
70
60
Side
35
30
Street side
30
30
Rear
60
30
Street rear
60
60
(3) 
Lot frontage: 225 feet.
(4) 
Gross floor area: 1,900 square feet.
(5) 
First floor area: 1,400 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 7%.
(b) 
Total: 12%.
(3) 
Floor area ratio: 8%.*
[Amended 9-18-2000 by Ord. No. 2000-2589; 7-18-2005 by Ord. No. 2005-2825]
(4) 
Building height: 2 1/2 stories; 35 feet.
NOTES:
*
Floor area ratio can be increased 2% if front setback provided is at least 150% of the minimum required. Floor area ratio shall not apply to lots existing at the time of the adoption of Ordinance No. 2005-2825 (July 18, 2005) that are less than 40,000 square feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Added 11-21-2011 by Ord. No. 2011-3046]
The purpose of this zone shall be to provide for planned development of large tracts of suitable land in rural settings for low-density single-family residential homes as well as substantial undeveloped land area devoted to municipal purposes and placed into conservation easements across private lands. Average and minimum lot sizes shall be established as set forth in this section to provide flexibility in subdivision design to better conserve natural resources, preserve rural character and to create appropriate perimeter setbacks.
A. 
Lot standards.
(1) 
Bulk standards.
(a) 
Average lot size: 40,000 square feet.
(b) 
Minimum lot size: 20,000 square feet.
(c) 
Minimum buildable lot area: 8,500 square feet.
(d) 
Minimum lot frontage: one-hundred-foot minimum, except for lots on cul-de-sac bulbs.
(e) 
Minimum lot circle diameter: 70 feet.
(f) 
Maximum building coverage: 15%.
(g) 
Maximum total lot coverage: 20%.
(h) 
Maximum building height: 2.5 stories1, 2, 35 feet3.
NOTES:
1
In the case of attics, pull-down stairs are not considered a "staircase" for purposes of determining whether an attic is a half story.
2
Basements and cellars shall be considered a half story for purposes of this zone.
3
Lots located on curved alignments or cul-de-sac bulbs shall be exempted from the height requirements contained in Note "Q" of Appendix B, Schedule of Area, Yard and Building Requirements.[1]
Principal Building
Accessory Building
Minimum front yard setback
35 feet
Not permitted
Minimum side yard setback
15 feet each
15 feet
Minimum street-side side yard setback
17.5 feet
17.5 feet
Minimum rear yard setback
30
15
Maximum gross tract density
0.7 dwelling units per acre
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2) 
All computations showing lot area and the average resulting through a lot-averaging technique shall be indicated on the subdivision plat.
(3) 
The subdivision plat and individual plot plans and surveys shall indicate that all lots created as part of the major subdivision shall not be subdivided again into smaller lots.
B. 
Supplemental regulations.
(1) 
The NJ Residential Site Improvement Standards shall apply to residential subdivisions designed in accordance with this section and shall supersede any conflicting ordinance sections.
(2) 
Land dedicated for municipal purposes and placed into conservation easements on single-family lots, combined, shall be at least 35% of the tract area and not less than 100 acres. This regulation shall not apply to tracts comprising less than 100 acres.
(3) 
Any lot created in accordance with this section that has a width at the front yard setback line of less than 120 feet, except for those lots that have frontage on an existing arterial or collector road, or that has environmental constraints on the lot shall be exempt from § 540-619B(4), Residential garages, and may be arranged to open to the front of the lot, except that no front-facing garage shall extend more than seven feet from the building face.
(4) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no cases more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(5) 
For the purposes of § 540-606, Buffer areas and screening, West Front Street shall be considered an arterial roadway, and Sunnyside Road shall be considered a collector roadway.
(6) 
Where any portion of a parcel or tract of land to be developed in accordance with this section is located within 500 feet of a county recreational facility, active recreational facilities per § 540-629, Recreation areas, shall not be required as part of the subdivision.
(7) 
Any development in this zone shall be subject to the developer's fee ordinance which funds the Affordable Housing Trust Fund.
(8) 
If the amount of land dedicated for municipal purposes and placed in conservation easements is greater than 35% of the total tract area and not less than 100 acres, the applicant's contribution to the Township's Environmental Contribution Fund shall be reduced by 35%.
(9) 
If the amount of land dedicated for municipal purposes and placed in conservation easements is greater than 35% of the total tract area and not less than 100 acres, additional compliance with § 540-651, Wooded areas, shall not be required.
(10) 
Stormwater basins may be located on land to be dedicated to the municipality. Stormwater facilities on municipal land shall be maintained by a homeowners' association or similar entity.
(11) 
Subdivisions designed in accordance with this section, which comply with the required municipal purpose land dedication and conservation easement requirements, shall not be required to provide additional landscaping required per § 540-622, Landscaping and shade trees.
(12) 
Section 540-641, Street design and construction. Proposed roadways shall meet any of the following street type requirements from N.J.A.C. 5:21: Residential Access (Type A) - Low-Intensity street with parallel parking, Residential Access (Type C) - High Intensity street with no parking, or Residential Neighborhood.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(13) 
Section 540-410B(20), Boring logs. For developments of 100 acres or more proposing a minimum of 35% of the total tract area dedicated for municipal purposes, placed in conservation easements and dedicated for right-of-way. Soil-boring information shall be submitted to the Board Engineer as follows: one boring not less than eight feet below the proposed grade or 12 feet minimum depth shall be made for every 20 acres or portion thereof on the remaining areas of the tract.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(14) 
Section 540-645, Street trees, shall apply, except that the following street trees may be installed no less than 45 feet on-center at a minimum two-and-one-half-inch caliper (as defined in the latest edition of the American Standard for Nursery Stock). Where sidewalks are not provided, street trees shall not be located more than six feet from the curbline.
Scientific Name
Common Name
Acer pseudoplatanus "Bloodgood"
Bloodgood London plane tree
Acer rubrum "October Glory"
October glory red maple
Acer rubrum sp.
Red maple
Acer saccharum
Sugar maple (sidewalk root guard required)
Celtisoccidentalis
Common hackberry
Fraxinuspennsylvanica
Green ash
Ginkgo biloba "Magyar"
Ginkgo
Gleditsiatriacanthosinermis "Continental"
Thornless honeylocust
Liquidambar styracifluarotundifolia
Sweetgum
Quercusacutissima
Sawtooth oak
Quercuscoccinea
Scarlet oak
Quercusmacrocarpa
Bur oak
Quercusprinus
Chestnut oak
Sophora japonica
Scholar tree
Tiliacordata "Greenspire"
Greenspire linden
Ulmusamericana "New Harmony"
New harmony american elm
Ulmusamericana "Princeton"
Princeton American elm
Zelkovaserrata
Zelkova
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Interior lots (gross): 45,000 square feet.
(b) 
Corner lots (gross): 48,375 square feet.
(c) 
Buildable lot area: 30,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
50
50
Side
25
25
Street side
25
25
Rear
50
20
Street rear
50
50
(3) 
Lot frontage: 200 feet.
(4) 
Gross floor area: 1,800 square feet.
(5) 
First floor area: 1,300 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage.
(a) 
Buildings: 8%.
(b) 
Total: 15%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area:
(a) 
Interior lots (gross): 15,000 square feet.
(b) 
Corner lots (gross): 16,000 square feet.
(c) 
Buildable lot area: 15,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
35
35
Side
15
10
Street side
17.5
17.5
Rear
60
30
Street rear
60
35
(3) 
Lot frontage.
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 115 feet.
(4) 
Gross floor area: 1,200 square feet.
(5) 
First floor area: 900 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 25%.
(b) 
Total: 30%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
The approving authority may reduce the required front yard setback to 25 feet where lot configuration warrants in order to increase the amount of rear yard area, and in order to avoid a monotonous streetscape.
(2) 
Lot sizes within any development in the R-45A Zone shall average 20,000 square feet.
(3) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 30,000 square feet.
(b) 
Corner lots (gross): 34,000 square feet.
(c) 
Buildable lot area: 23,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
50
50
Side
20
20
Street side
25
25
Rear
50
20
Street rear
50
50
(3) 
Lot frontage.
(a) 
Interior lots: 150 feet.
(b) 
Corner lots: 170 feet.
(4) 
Gross floor area: 1,650 square feet.
(5) 
First floor area: 1,150 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 10%.
(b) 
Total: 15%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 21,875 square feet.
(b) 
Corner lots (gross): 23,825 square feet.
(c) 
Buildable lot area: 15,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
40
40
Side
20
20
Street side
20
20
Rear
40
10
Street rear
40
40
(3) 
Lot frontage.
(a) 
Interior lots: 125 feet.
(b) 
Corner lots: 135 feet.
(4) 
Gross floor area: 1,500 square feet.
(5) 
First floor area: 1,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 15%.
(b) 
Total: 20%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 8,500 square feet.
(b) 
Corner lots (gross): 10,000 square feet.
(c) 
Buildable lot area: 8,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
25
25
Side
7.5
7.5
Street side
12.5
12.5
Rear
20
7.5
Street rear
25
25
(3) 
Lot frontage.
(a) 
Interior lots: 75 feet.
(b) 
Corner lots: 75 feet.
(4) 
Gross floor area: 900 square feet.
(5) 
First floor area: 800 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 30%.
(b) 
Total: 35%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 15,000 square feet.
(b) 
Corner lots (gross): 17,250 square feet.
(c) 
Buildable lot area: 10,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
40
40
Side
15
15
Street side
20
20
Rear
30
10
Street rear
40
40
(3) 
Lot frontage.
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 115 feet.
(4) 
Gross floor area: 1,200 square feet.
(5) 
First floor area: 900 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage.
(a) 
Buildings: 20%.
(b) 
Total: 25%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
The development standards affecting nonconforming lots which existed prior to the effective date of this chapter in the R-15 Zone shall comply with Schedule A, Nonconforming Lot Matrix:
Schedule A
Nonconforming Lot Matrix (R-15)
Lot Sizes (square feet)
10,000 or Greater
5,001 to 10,000
Less Than or Equal to 5,000
Principal building:
Front yard setback (feet)
35
30
25
Side yard setback (feet)
15
10
5
Street side yard setback (feet)
20
15
10
Rear yard setback (feet)
30
30
25
Street rear yard setback (feet)
35
30
25
Accessory building:
Front yard (feet)
40
30
25
Side yard (feet)
10
10
5
Rear yard (feet)
10
10
5
Maximum regulations:
Lot coverage
25%
30%
35%
Building height
35 feet
2 1/2 stories
35 feet
2 1/2 stories
35 feet
2 1/2 stories
Minimum regulations:
First floor of multistory buildings (square feet)
900
800
800
Total floor area (square feet)
1,200
1,000
800
(2) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 10,000 square feet.
(b) 
Corner lots (gross): 12,500 square feet.
(c) 
Buildable lot area: 7,000 square feet.
(2) 
Building setbacks:
[Amended 9-18-2000 by Ord. No. 2000-2589]
Principal
(feet)
Accessory
(feet)
Front
25
25
Side
12
12
Street side
12.5
12.5
Rear
25
10
Street rear
25
25
(3) 
Lot frontage.
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 110 feet.
(4) 
Gross floor area: 1,200 square feet.
(5) 
First floor area: 900 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 20%.
(b) 
Total: 25%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 12,000 square feet.
(b) 
Corner lots (gross): 14,250 square feet.
(c) 
Buildable lot area: 10,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
40
40
Side
15
15
Street side
20
20
Rear
30
10
Street rear
40
40
(3) 
Lot frontage.
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 120 feet.
(4) 
Gross floor area: 1,200 square feet.
(5) 
First floor area: 900 square feet.
B. 
Maximum regulations:
[Amended 9-18-2000 by Ord. No. 2000-2589]
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 25%.
(b) 
Total: 35%.
(3) 
Floor area ratio: 33%*.
(4) 
Building height: 2 1/2 stories; 35 feet.
NOTE:
*
Floor area ratio can be increased by 2% if front setback provided is at least twice the minimum required.
C. 
Other regulations.
(1) 
Single-family residential development shall be permitted in the RTF Zone in accordance with the requirements and standards of the R-7 Zone.
(2) 
The minimum lot sizes in the RTF Zone may be reduced to 9,000 square feet for interior lots and 10,000 square feet for corner lots where 20% of the units proposed are set aside for affordable housing consistent with the requirements of the Council on Affordable Housing. The side and rear yard setbacks on all lots within such a development may be reduced by a maximum of 50%.
(3) 
Each lot within a two-family housing development which contains two dwellings shall have a master deed recorded which shall set forth the rights, responsibilities and privileges of the occupants and/or owners of each dwelling unit.
(4) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 7,500 square feet.
(b) 
Corner lots (gross): 9,000 square feet.
(c) 
Buildable lot area: 5,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
20
20
Side
10
10
Street side
10
10
Rear
20
10
Street rear
20
20
(3) 
Lot frontage.
(a) 
Interior lots: 75 feet.
(b) 
Corner lots: 90 feet.
(4) 
Gross floor area: 900 square feet.
(5) 
First floor area: 800 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 35%.
(b) 
Total: 40%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 5,000 square feet.
(b) 
Corner lots (gross): 6,000 square feet.
(c) 
Buildable lot area: 4,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
20
20
Side
7
5
Street side
10
10
Rear
20
5
Street rear
20
20
(3) 
Lot frontage.
(a) 
Interior lots: 50 feet.
(b) 
Corner lots: 60 feet.
(4) 
Gross floor area: 800 square feet.
(5) 
First floor area: 700 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage:
(a) 
Buildings: 35%.
(b) 
Total: 40%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793]
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Interior lots (gross): 10,000 square feet.
(b) 
Corner lots (gross): 12,500 square feet.
(c) 
Buildable lot area: 7,500 square feet.
(2) 
Building setbacks.
[Amended 9-18-2000 by Ord. No. 2000-2589; 12-15-2003 by Ord. No. 2003-2744; 12-6-2004 by Ord. No. 2004-2797; 8-21-2006 by Ord. No. 2006-2885]
Principal
(feet)
Accessory
(feet)
Front
25*
25*
Side
15
15
Street side
17.5
17.5
Rear
35
10
Street rear
35
35
NOTES:
*
Or the average of the existing front setbacks for the two adjoining lots.
(3) 
Lot frontage.
(a) 
Interior lots: 100 feet.
(b) 
Corner lots: 120 feet.
(4) 
Gross floor area: 1,200 square feet.
(5) 
First floor area: 900 square feet.
B. 
Maximum regulations.
[Amended 9-18-2000 by Ord. No. 2000-2589]
(1) 
Dwelling unit density: one dwelling unit per lot.
(2) 
Lot coverage.
(a) 
Buildings: 30%.
(b) 
Total: 50%.
(3) 
Floor area ratio: 40%**.
(4) 
Building height: 2 1/2 stories; 35 feet.
NOTES:
**
Floor area ratio can be increased by 2% if the front setback provided is at least two times the minimum required.
C. 
Other regulations.
[Amended 12-15-2003 by Ord. No. 2003-2744; 12-6-2004 by Ord. No. 2004-2797]
(1) 
In the R-O Zone, it shall be permitted to use a single structure as a single-family dwelling and a business or professional office, as provided by the Schedule of Permitted Uses, subject to obtaining site plan approval. All buildings developed in the R-O Zone shall establish or maintain a residential character and appearance consistent with the general character of the neighborhood in which it is located. A dwelling unit established subsequent to the date of the adoption of this chapter and located within a structure that will also contain a nonresidential use shall not be less than 750 square feet, and shall in no case constitute less than 30% of the gross floor area of the structure.
[Amended 7-18-2005 by Ord. No. 2005-2825; 8-21-2006 by Ord. No. 2006-2885]
(2) 
The occupant of the dwelling unit need not be associated with the business and may be a tenant.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(3) 
Structures in existence at the time of the adoption of this chapter that do not have a residential appearance shall be permitted to continue. Any proposed expansion or alteration of such a building requiring site plan approval shall include changes to the building's exterior that will establish a residential appearance.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(4) 
A minimum fifteen-foot-wide landscaped buffer shall be required where the property adjoins a single-family residential zone. A ten-foot buffer shall be permitted where a solid, minimum six-foot fence is provided.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(5) 
No existing single-family dwelling in the R-O Zone at the time of the adoption of this chapter shall be converted into an exclusively nonresidential use, except as provided in § 540-823.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(6) 
Permitted building coverage may be increased by 20% where two or more adjoining lots establish shared parking and access arrangements. Each lot participating in the arrangement shall be permitted the increased building coverage.
(7) 
For the purpose of interpreting N.J.S.A. 40:55D-66.6 of the Municipal Land Use Law dealing with child-care centers, the R-O Zone shall hereby be considered a nonresidential district.
(8) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(9) 
No building-mounted signs shall be permitted.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(10) 
Internally illuminated signs are prohibited.
[Amended 8-21-2006 by Ord. No. 2006-2885]
(11) 
Signs shall not exceed 16 square feet in area or six feet in height and shall have a minimum front setback of eight feet. No more than one sign is permitted.
[Amended 8-21-2006 by Ord. No. 2006-2885]
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793; 7-18-2005 by Ord. No. 2005-2825]
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: 10,000 square feet.
(b) 
Buildable lot area: 10,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
15
25
Side
5
5
Street side
7.5
7.5
Rear
15
10
Street rear
15
15
(3) 
Lot frontage: 100 feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: See other standards.
(2) 
Lot coverage.
(a) 
Tracts less than one acre: 80%.
(b) 
All others: 70%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
The second story of a nonresidential building may be used for dwelling purposes, subject to the following standards:
(a) 
Second-story residential construction shall be permitted to extend to the limits of the existing building footprint and only beyond where required setbacks can be maintained.
(b) 
Each second-story dwelling shall contain a minimum of 700 square feet of gross floor area.
(c) 
Site plan approval shall be required prior to the issuance of any building permit to construct a second-story dwelling.
(d) 
Second-story dwellings shall be limited to a maximum of two bedrooms.
(2) 
Single-family dwellings in the B-1 Zone shall be required to conform to the R-7 Zone standards, except that where the adjacent residential zoning is primarily R-5 Zone, the R-5 Zone standards shall be utilized.
(3) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(4) 
Parking for mixed-use buildings.
[Amended 7-18-2005 by Ord. No. 2005-2825]
(a) 
A minimum of 3.5 parking spaces for every 1,000 square feet of gross commercial floor area shall be provided.
(b) 
Parking for residential uses shall comply with Residential Site Improvement Standards.
(c) 
Shared parking on adjacent parcels. When land uses on adjacent parcels create shared parking areas with pedestrian and/or vehicular circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the standards set forth in Subsection C(4)(a) and (b) above.
(d) 
Shared parking on noncontiguous parcels. Required parking for mixed-use buildings may be supplied at a noncontiguous parcel, provided:
[1] 
Parking is available within 1,000 feet of the mixed-use development;
[2] 
Both the mixed-use development and the parking facility comply with parking lot design standards; and
[3] 
Off-site parking spaces may not already be designated as required parking for some other use.
(e) 
Documentation conforming the ownership and/or management arrangement for any shared parking arrangement shall be submitted prior to approval by the Approving Authority.
(f) 
Properties with extra parking retain expansion rights equivalent to that number of extra spaces.
(g) 
Provided a mixed-use building(s) complies with off-street parking lot design standards, legal on-street parking along the tract's street frontage may be counted toward the development's minimum parking requirements.
(h) 
The minimum required number of parking spaces may be reduced by 25%, provided a mixed-use building is within 2,500 feet of a designated transit stop.
[Amended 12-15-2003 by Ord. No. 2003-2746; 12-6-2004 by Ord. No. 2004-2799; 7-20-2015 by Ord. No. 2015-3142]
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: 10,000 square feet.
(b) 
Buildable lot area: 10,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
0
0
Side
10
10
Street side
0
0
Rear
45
0
Street rear
0
45
(3) 
Lot frontage: 70 feet.
(4) 
Gross floor area: N/A.
(5) 
First floor area: N/A.
B. 
Maximum regulations.
(1) 
Dwelling unit density: see other regulations.
(2) 
Lot coverage:
(a) 
Buildings: 60%.
(b) 
Total: 90%.
(3) 
Floor area ratio: see other regulations.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
The maximum number of dwelling units in this zone shall be 16. No dwelling unit shall contain more than two bedrooms.
(3) 
The maximum number of businesses in this zone shall be two.
(4) 
All residential dwelling units in this zone shall be affordable housing units in accordance with the requirements of the New Jersey Council on Affordable Housing or the Superior Court of New Jersey.
[Amended 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No. 2004-2801]
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: 20,000 square feet.
(b) 
Buildable lot area: 15,000 square feet.
(2) 
Building setbacks:
Principal
(feet)
Accessory
(feet)
Front
50
50
Side
15
15
Street side
25
25
Rear
50
40
Street rear
50
50
(3) 
Lot frontage: 100 feet.
(4) 
Gross floor area: 1,000 square feet.
(5) 
First floor area: 1,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage.
(a) 
One-story buildings: 70%.
(b) 
Two or more stories: 60%.
(3) 
Floor area ratio: 25%.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Nonresidential use in the B-2 Zone which abuts a residential zone, a fifty-foot landscaped buffer shall be provided.
(2) 
In conjunction with any development in the B-2 Zone, a complete signage plan shall be required and approved as part of site plan approval.
(3) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(4) 
Retail establishments engaged in the sale of lumber and building materials, and storing or displaying and selling materials outside a completely enclosed building, and further provided that the use of forklifts to load a customer vehicle is prohibited.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: three acres.
(b) 
Buildable lot area: 2.5 acres.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
75
75
Side
25
15
Street side
37.5
37.5
Rear
75
40
Street rear
75
75
(3) 
Lot frontage: 200 feet.
(4) 
Gross floor area: 5,000 square feet.
(5) 
First floor area: 5,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage.
(a) 
One-story buildings: 70%.
(b) 
Two or more stories: 60%.
(3) 
Floor area ratio: 25%.
(4) 
Building height: three stories; 40 feet.
C. 
Other regulations.
[Amended 11-20-2000 by Ord. No. 2000-2601; 7-16-2001 by Ord. No. 2001-2645]
(1) 
Any nonresidential use in the B-3 Zone which abuts a residential zone, a seventy-five-foot landscaped buffer shall be provided.
(2) 
In conjunction with any development in the B-3 Zone, a complete signage plan shall be required and approved as part of site plan approval.
(3) 
Retail establishments engaged in the sale of lumber and building materials, and storing or displaying and selling materials outside a completely enclosed building, and further provided that the use of forklifts to load a customer vehicle is prohibited.
[Amended 10-7-2003 by Ord. No. 2003-2735; 12-6-2004 by Ord. No. 2004-2801]
(4) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Amended 12-15-2003 by Ord. No. 2003-2744]
(5) 
Permitted building coverage may be increased by 20% where two or more adjoining lots establish shared parking and access arrangements. Each lot participating in the arrangement shall be permitted the increased building coverage.
[Amended 12-15-2003 by Ord. No. 2003-2744]
[Amended 12-27-1994 by Ord. No. 94-2389]
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: three acres.
(b) 
Buildable lot area: 2.5 acres.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
75
75
Side
50
15
Street side
37.5
37.5
Rear
50
40
Street rear
75
75
(3) 
Lot frontage: 200 feet.
(4) 
Gross floor area: 5,000 square feet.
(5) 
First floor area: 5,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage.
(a) 
One-story buildings: 70%.
(b) 
Two or more stories: 60%.
(3) 
Floor area ratio: 22%.
(4) 
Building height: three stories; 40 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
Wherever any B/P Business/Park Zone boundary line abuts a residential zone boundary line, the building setback requirement shall be 100 feet along the entire length of such common zone boundary line. Said 100 feet shall include any buffer area as required in § 540-606.
A. 
Minimum standards.
(1) 
Lot area.
[Amended 2-16-2010 by Ord. No. 2010-2999]
(a) 
Gross lot area: three acres.
(b) 
Buildable lot area: 2.5 acres.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
100
100
Side
75
50
Street side
75
50
Rear
100
50
Street rear
100
100
(3) 
Lot frontage: 500 feet.
(4) 
Gross floor area: 40,000 square feet.
(5) 
First floor area: 40,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage: 60%.
(3) 
Floor area ratio: 22%.
(4) 
Building height: three stories; 40 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued, and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: 20,000 square feet.
(b) 
Buildable lot area: 10,000 square feet.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
50
50
Side
15
10
Street side
25
25
Rear
10
10
Street rear
50
50
(3) 
Lot frontage: 100 feet.
(4) 
Gross floor area: N/A.
(5) 
First floor area: N/A.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage: 70%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
All principal or accessory setbacks shall be measured from the property line or the edge of any pier, wharf, or bulkhead, whichever setback is greater.
(2) 
The Planning Board or Zoning Board may approve a reduction of the required setback to as little as zero feet adjacent to navigable water if it is demonstrated that the use within the building is a water dependent use which requires such proximity.
(3) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(4) 
Seafood processing facilities shall be permitted as a principal use, provided that the facilities are not for the production of secondary products such as fish oils.
(5) 
Outdoor storage of fishing-related equipment, including but not limited to pallets, nets, lines, and traps or pots shall be permitted as an accessory use. All outdoor storage shall be set back at least 20 feet from any street line and at least 10 feet from any side or rear line, except that no setback shall be required where the side or rear yard abuts a pier, wharf or bulkhead. No equipment other than nets or lines being dried shall be stored above a height of six feet, except for traps or pots, which may be stored to a maximum height of 10 feet.
[Amended 3-18-2002 by Ord. No. 2002-2673]
A. 
Permitted uses.
(1) 
Public recreational uses, including athletic fields. including but not limited to lighted or unlighted baseball, soccer, or softball fields.
(2) 
Necessary parking facilities associated with recreational facilities.
(3) 
Senior citizen housing consistent with the Township's affordable housing plan.
(4) 
Accessory uses typically associated with recreation facilities, including, but not limited to rest rooms, concession stands, maintenance buildings, fences, walls, backstops, dugouts, bleachers and benches.
(5) 
Accessory uses typically associated with senior citizen housing developments, including but not limited to maintenance buildings, outdoor recreational facilities for residents, meeting rooms and offices, benches, gardens, gazebos and patios.
B. 
Minimum regulations.
(1) 
No buildings or parking spaces associated with residential uses shall be located closer than 100 feet to any public street.
(2) 
No buildings or parking spaces associated with residential uses shall be located closer than 100 feet to any side property line.
(3) 
No buildings associated with residential uses shall be located closer than 100 feet to any rear property line and parking facilities associated with residential uses shall not be located closer than 40 feet to any rear property line.
C. 
Maximum regulations.
(1) 
Buildings shall be limited to four stories and shall in no case exceed 50 feet in height.
(2) 
There shall be no more than 180 dwelling units constructed within the PRH Zone.
A. 
Standards and regulations.
(1) 
The minimum tract area shall be not less than 150 contiguous acres, with 400 feet of frontage.
(2) 
Building setbacks.
(a) 
Where the perimeter property line of the R-1 Zone abuts a public street, no structures shall be located closer to such street than the required front yard setback for the adjacent zone.
(b) 
Within the R-1 Zone, no residential structure shall be located closer than 20 feet to an interior street, drive or parking area.
(c) 
No freestanding garage or other accessory structure shall be located closer than five feet to an interior street, drive, or parking area.
(3) 
Parking. The following off-street parking requirements shall apply, except that the requirements set forth in Subsection A(3)(b) through (e) may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority.
(a) 
One and one-fourth spaces for each dwelling unit;
(b) 
One space for each 300 square feet of floor area in any retail or commercial establishment.
(c) 
One space for each six persons for whom seating is provided in any auditorium or place of worship, or similar recreational or quasi-public place of assemblage.
(d) 
One space for each 600 square feet of floor space in any medical or nursing facility together with one additional space for each resident, professional, or employee.
(e) 
One space for each guest room or suite in any guesthouse, together with one space for each full-time employee on duty at any one time.
(4) 
Open space. Not less than 40% of the gross tract area of the R-1 Zone shall be set aside as permanent common open space to be owned in undivided interests by the lot owners.
(5) 
Dwelling unit size. No residential dwelling unit of a single floor shall contain less than 900 square feet. No residential dwelling unit of more than one story shall contain less than 1,200 square feet.
(6) 
Distance between buildings. No building shall be closer than 25 feet to any other building, except that this provision shall not apply to any residential dwelling unit, or recreational, cultural, social, retail or commercial facility by a common or party wall.
(7) 
Recreation areas.
(a) 
Indoor social, cultural, recreational and meeting facilities shall be required. The gross floor area devoted to such usage shall be not less than 10 square feet for each residential dwelling unit.
(b) 
Appropriate passive outdoor recreational areas shall be provided and shall include suitable landscaping, sitting and walking areas.
B. 
Maximum regulations.
(1) 
Dwelling unit density. There shall not be more than six dwelling units for each gross acre in the R-1 Zone.
(2) 
Lot coverage. Not more than 20% of the gross tract area of the R-1 Zone shall be covered buildings to be constructed or used as dwelling units, including garages and carports; providing, however, not more than 25% of the gross tract area of the R-1 Zone may be covered by: such dwelling units limited to 20% as aforesaid; and other buildings or structures, including but not limited to gate houses, guard houses, storage facilities for maintenance equipment, and administrative, social, cultural and recreational facilities, which are expressly hereby permitted.
(3) 
Number of dwelling units per building. A maximum of 10 residential dwelling units shall be permitted in each building. Dwelling units connected by party or common walls shall not be considered separate buildings for the purpose of this section.
(4) 
Building height. For principal buildings, 35 feet or 2 1/2 stories, provided that no more than 2 1/2 stories may be above the average elevation of finished grade around the perimeter of the building. For accessory buildings, 16 feet or one story.
(5) 
Bedroom limitation. No dwelling unit shall contain more than three bedrooms. The number of three-bedroom dwelling units in the R-1 Zone shall not exceed 5% of the total number of dwelling units permitted. The remainder of the dwelling units permitted shall be one- or two-bedroom dwelling units.
C. 
General regulations.
(1) 
Appropriate provisions shall be made for private garbage and trash collection and for the private maintenance of all interior roads and streets (including snow removal), recreational facilities, and all buildings and land areas owned in common by the residents of the R-1 Zone. In addition, provisions shall be made to permit the Township, at its option, to perform or cause to be performed such services in the event of the continued failure of performance of same by the private association or other entity charged with such responsibility, all at the cost and expense of the owners of the property within the R-1 Zone.
(2) 
The overall design, road patterns, recreational facilities and site locations of buildings, as well as other aspects of any such R-1 Zone must be submitted to the approving authority, and they shall have the right to approve the general design to obtain aesthetic harmony. The buildings, sizes, shapes, site positions and architectural design may be considered along with the landscaping and natural features. The following criteria also may be taken into consideration:
(a) 
Visual consideration of the variation in exterior finishes of structures.
(b) 
A mix of architectural designs and elevations to insure a harmonious blend and the avoidance of a rowhouse effect or other aesthetically pleasing building arrangement or layout.
(c) 
Variation of side yards, front yards and rear yards to create identity and interest and enhance the overall design.
(d) 
Landscaping, preservation of existing vegetation, and the location of trees.
(e) 
Convenience of parking areas for the use of occupants and screening thereof with adequate landscaping or fence.
(3) 
Buffer areas shall be required as specified in § 540-606.
(4) 
Unless provided to the contrary herein, applications for development approval in the R-1 Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan review and other applicable ordinances which are incorporated herein by reference.
(5) 
Prior to approval, the approving authority shall find the following facts and conclusions:
(a) 
The departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c.
(b) 
That the proposals for maintenance and conservation of the common open space are reliable, conform to the applicable law and regulations, and the amount, location, and purpose of the common open space are adequate.
(c) 
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(d) 
That the design of the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
A. 
Minimum requirements.
(1) 
Tract area: 75 acres gross tract area.
(2) 
Tract frontage: 200 feet located on primary, secondary, arterial, or collector roads.
(3) 
Building setback:
(a) 
Thirty feet from a pond or lake shore line or stream bank, or from the one-hundred-year floodplain.
(b) 
Fifty feet from any tract boundary line or from any other right-of-way line of a dedicated municipal roadway.
(c) 
Eighteen feet from the curb of an internal roadway where no front yard parking is provided, or 26 feet where front yard parking is provided.
(d) 
Twelve feet from the sidewalk of an internal street.
(4) 
Parking.
(a) 
General regulations. The following off-street parking requirements shall apply:
[1] 
Spaces per dwelling unit: 1.5 spaces for each one-bedroom unit, 1.75 spaces for each two-bedroom unit, but not less than 1.7 spaces average per dwelling unit for any development.
[2] 
One space for each 200 square feet of floor area in any auditorium, clubhouse facility or place of worship or similar recreational or quasi-public place of assemblage.
(b) 
Parking setbacks for proposed parking of three or more contiguous spaces:
[1] 
Sixty-foot setback for a primary or secondary arterial or collector road to be dedicated to the municipality.
[2] 
Thirty feet from a tract boundary line.
[3] 
Eighteen feet from any principal building line.
[4] 
Parking spaces in front or rear yard of each dwelling unit shall be six feet from the building line, except for parking spaces within a driveway to an attached garage or carport.
(5) 
Open space: 40% of the gross tract area. All open space shall be set aside as permanent common space to be owned in undivided interests by the unit owners.
(6) 
Dwelling unit size. No residential dwelling unit on a single floor shall contain less than 900 square feet of habitable space. No residential dwelling unit of more than one story shall contain less than 1,200 square feet of habitable space.
(7) 
Distance between buildings.
(a) 
Where both facing walls contain windows of habitable rooms, 50 feet, but not less than two times the eave height of the building containing the highest habitable room.
(b) 
Where only one of two facing walls contains windows of habitable rooms, 25 feet, but not less than the eave height of the highest of the two buildings containing such facing walls.
(c) 
Where neither of two facing walls contains windows of habitable rooms: 20 feet, or the eave height of the highest of the two buildings containing such facing walls, whichever is greater.
(d) 
Buildings shall be considered facing if the walls form an angle less than 45°.
(8) 
Recreation areas. Active and passive outdoor recreational areas shall be provided and shall include suitable landscaping, sitting, and walking areas as determined by the approving authority. Indoor social, cultural, recreational and meeting facilities shall be required as similarly directed. The gross floor area devoted to such indoor usage shall be not less than 10 square feet for each residential dwelling unit.
B. 
Maximum regulations.
(1) 
Impervious surfaces: 35% of the gross tract area, and 20% of any developed area within 80 feet of a lake or pond shoreline of the one-hundred-year floodplain.
(2) 
Dwelling unit density. There shall not be more than five dwelling units per gross acre.
(3) 
Lot coverage. Not more than 20% of the gross tract area of the R-2 Zone shall be covered by buildings to be constructed or used as dwelling units, including garages and carports; providing, however, not more than 25% of the gross tract area of the R-2 Zone may be covered by: such dwelling units (limited to 20% as aforesaid); and other buildings or structures, including but not limited to gate houses, guard houses, storage facilities for maintenance equipment and administrative, social, cultural and recreational facilities, which are expressly hereby permitted.
(4) 
Number of dwelling units per building or in a row. A maximum of 10 residential dwelling units shall be permitted in each building. Dwelling units connected by party or common walls shall be considered part of the same building for the purposes of this section. No more than four residential dwelling units shall be allowed in a row without a horizontal break of four feet in the facade. No more than six residential dwelling units in a row shall be allowed on any one story.
(5) 
Building height. For principal buildings, 36 feet or 2 1/2 stories, provided that no more than 2 1/2 stories may be above the average elevation of finished grade around the perimeter of the building. For accessory buildings, 16 feet or one story.
(6) 
Bedroom limitation. No dwelling unit shall contain three bedrooms. All dwelling units permitted shall be one- and two-bedroom dwelling units.
C. 
General regulations.
(1) 
Appropriate provisions shall be made for private garbage and trash collection and for the provision of and payment for the private maintenance of all lighting, interior roads and streets (including snow removal), recreational facilities, and all buildings and land areas owned in common by residents of the R-2 Zone. In addition, provisions shall be made to permit the Township, at its option, to perform or cause to be performed such services in the event of the continued failure of performance of same by the private association or other entity charged with such responsibility, all at the cost and expense of the owners of the property within the R-2 Zone.
(2) 
The overall design, road patterns, recreational facilities and site locations of buildings, as well as all other aspects of any such R-2 Zone must be submitted to the approving authority, and they shall have the right to approve the general design to obtain aesthetic and architectural design which may be considered, along with the landscaping and natural features. The following criteria also may be taken into consideration:
(a) 
Visual consideration of the variation in exterior finishes of structures.
(b) 
A mix of architectural designs and elevations to insure a harmonious blend and the avoidance of a rowhouse effect or other non-aesthetically pleasing building or arrangement or layout.
(c) 
Variation of side yards, front yards and rear yards to create identity and interest and enhance the overall design.
(d) 
Landscaping, preservation of existing vegetation, and the location of trees.
(e) 
Convenience of parking areas for the use of occupants and screening thereof with adequate landscaping or fence.
(3) 
Buffer areas shall be required as specified in § 540-606.
(4) 
The approving agency may require any percentage of the units to have garages, carports or other similar structures of either an attached or detached nature.
(5) 
Unless provided to the contrary herein, applications for development approval in the R-2 Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards, and guidelines as required for preliminary and final site plan review and other applicable ordinances which are incorporated herein by reference.
(6) 
Prior to approval, the approving authority shall find the following facts and conclusions:
(a) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(b) 
That the proposals for maintenance and conservation of the common open space are reliable, conform to all applicable law and regulations, and the amount, location and purpose of common open space are adequate.
(c) 
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(d) 
That the design of the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
A. 
Minimum regulations.
(1) 
Tract area: 10 acres.
(2) 
Tract frontage: 300 feet for 125 dwelling units or less, 500 feet for more than 125 dwelling units, located on primary or secondary arterial roads or collector roads.
(3) 
Building setbacks.
(a) 
One hundred twenty feet from an arterial or collector road.
(b) 
Fifty feet from any tract boundary line or from any other right-of-way line, except an internal street.
(c) 
Eighteen feet from the curb of an internal street where no front yard parking is provided; or 26 feet where front yard parking is provided.
(d) 
Fifteen feet from the sidewalk of an internal street.
(e) 
The Planning Board may permit a reduction in the above setbacks from street rights-of-way and boundary line if a substantial landscaped buffer is provided, sufficient to insure visual privacy and noise control.
(4) 
Parking.
(a) 
Spaces per dwelling lot: 1.75 spaces per one-bedroom unit, 2.00 spaces per two-bedroom unit, and 2.25 spaces per unit with three or more bedrooms, but not less than 1.8 spaces average per dwelling unit for any development.
(b) 
Parking setbacks for parking of three or more contiguous spaces:
[1] 
Sixty feet from a primary or secondary arterial or connector road.
[2] 
Thirty feet from a tract boundary line.
[3] 
Fifteen feet from a common development lot line.
[4] 
Eighteen feet from any principal building.
[Amended 12-16-2002 by Ord. No. 2002-2705]
[5] 
Thirty feet from a pond or lake shoreline stream bank, or the one-hundred-year floodplain.
(c) 
Parking spaces in the front or rear yard of each dwelling unit shall be a minimum of six feet from the building line, except for parking spaces within a driveway to an attached garage or carport.
(5) 
Open space: 40% of the gross tract area. All open space shall be either set aside as permanent common open space to be owned in undivided interests by the unit owners or dedicated to the Township for public use subject to the approval of the Township Committee.
(6) 
Dwelling unit size and equivalent lot area.
(a) 
Minimum requirements.
Townhouse Dwelling Unit Size
(square feet)
Townhouse or Lot Width
(feet)
1-bedroom
1,000
18
2-bedroom
1,300
20
3-bedroom
1,500
22
(b) 
No unit shall contain more than three bedrooms. No more than 45% of the total units shall contain more than one bedroom. No more than 15% of the total units shall contain three bedrooms.
(7) 
Distance between buildings.
(a) 
Where both facing walls contain windows of habitable rooms: 75 feet, but not less than two times the eave height of the highest habitable room.
(b) 
Where only one of two facing walls contains windows of habitable rooms: 30 feet, but not less than 1 1/2 times the eave height of the highest building.
(c) 
Where neither of two facing walls contains windows of habitable rooms: 20 feet or the eave height of the highest building, whichever is greater.
(d) 
Buildings shall be considered facing if the walls form an angle of less than 45°.
(8) 
Front, side and rear yards for units within a development tract (except where parking occurs within yard area):
(a) 
Front yard: 18 feet.
(b) 
Side yard: 15 feet with windows on the end or side wall of a row of buildings.
(c) 
Rear yard: 20 feet.
[1] 
All rear yards shall be fenced or walled, in a manner to provide visual privacy from the public view.
[2] 
Not more than 33% of the rear yard shall be paved.
(9) 
Recreation areas. An area equal to one acre plus 10% of the gross tract area.
(a) 
No major recreation facilities, such as playfields and tennis courts, shall be within 30 feet of a tract boundary or within 100 feet of the right-of-way of a primary or secondary arterial road. No recreation areas are permitted within required yard area.
(b) 
All required recreational areas shall include improvements and amenities for the use and benefit of, and to meet the needs of, the residents or occupants of a development. Unimproved natural areas shall not qualify as required recreational areas. At least 50% of required recreation areas shall be improved for active recreational uses such as courts, playfields, swimming pools, and similar facilities.
(10) 
Tract buffer area. Buffer areas shall be required as stated in § 540-606.
B. 
Maximum regulations.
(1) 
Impervious surfaces. Thirty-five percent of the gross tract area and 20% of any developed area within 80 feet of a lake or pond shoreline or the one-hundred-year floodplain.
(2) 
Dwelling unit density. There shall not be more than five dwelling units per acre for each gross tract acre, nor more than seven units per acre for each gross tract acre.
(3) 
Building coverage. Not more than 20% of the gross tract area shall be covered by buildings to be constructed or used as dwelling units, including garages and carports; providing, however, not more than 25% of the gross tract area may be covered by: such dwelling units (limited to 20% as aforesaid); and other buildings or structures, including but not limited to gate houses, guard houses, storage facilities for maintenance equipment, and administrative, social, cultural and recreational facilities, which are expressly hereby permitted.
(4) 
Number of dwelling units per building or in a row. A maximum of eight residential dwelling units shall be permitted in each building. No more than two residential dwelling units shall be allowed in a row without a horizontal break of six feet in the facade.
(5) 
Building height. For principal buildings, 35 feet or 2 1/2 stories, provided that no more than 2 1/2 stories may be above the average elevation of finished grade around the perimeter of the building. Townhouse dwelling units having a main entrance more than four feet from grade level shall have enclosed private entrance ways at grade level.
C. 
Unless provided to the contrary herein, applications for development approval in the RTH Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.
A. 
Minimum regulations.
(1) 
Tract area: five acres.
(2) 
Tract frontage: 300 feet for 125 units or less, 500 feet for more than 125 units, located on primary or secondary arterial roads or collector roads.
(3) 
Building setbacks:
(a) 
One hundred twenty feet from an arterial or collector road.
(b) 
Fifty feet from any tract boundary line or from any other right-of-way lines, except an internal street.
(c) 
Eighteen feet from the curb of an interior street where no front yard parking is provided or 26 feet where front yard parking is provided.
(d) 
Fifteen feet from the sidewalk of an internal street.
(e) 
The Planning Board may permit a reduction in the above setbacks from street right-of-way and boundary lines if a substantial landscaped buffer, acceptable to the Board, is provided sufficient to insure visual privacy and noise control.
(4) 
Parking shall be subject to the regulations as stated in § 540-929A(4) of the Planning and Development Regulations of the Township of Middletown.
(5) 
Open space: 50% of the gross tract area. All open space shall be either set aside as permanent common open space to be owned in undivided interest by the unit owners or dedicated to the Township for public uses subject to the approval of the Township Committee.
(6) 
Dwelling unit size and equivalent lot area.
(a) 
Minimum requirements.
Townhouse Dwelling Unit Size
(square feet)
Townhouse or Lot Width
(feet)
1-bedroom
1,000
18
2-bedroom
1,300
20
3-bedroom
1,500
22
(b) 
No unit shall contain more than three bedrooms. No more than 45% of the total units shall contain more than one bedroom. No more than 15% of the total units shall contain three bedrooms.
(7) 
Distance between buildings shall be subject to the regulations as stated in § 540-929A(7) of the Planning and Development Regulations of the Township of Middletown.
(8) 
Front, side and rear yards for units within a development tract (except where parking occurs within yard areas), shall be subject to the regulations as stated in § 540-929A(8) of the Planning and Development Regulations of the Township of Middletown.
(9) 
Recreation areas. For developments containing 30 dwelling units or more, an area equal to one acre plus 10% of the net tract area shall be provided in accordance with the regulations as stated in § 540-929A(9) of the Planning and Development Regulations of the Township of Middletown.
(10) 
Tract buffer area. Buffer areas shall be required as stated in § 540-606.
B. 
Maximum regulations.
(1) 
Impervious surfaces: 30% of the gross tract area.
(2) 
Dwelling unit density. There shall not be more than three dwelling units per acre for each gross acre.
(3) 
Building coverage. Not more than 15% of the gross tract area shall be covered by buildings to be constructed or used as dwelling units, including garages and carports; providing, however, not more than 20% of the gross tract area may be covered by: such dwelling units (limited to 20% as aforesaid); and other buildings or structures, including but not limited to gate houses, guard houses, storage facilities for maintenance equipment, and administrative, social, cultural and recreational facilities, which are expressly hereby permitted.
(4) 
Number of dwelling units per building or in a row. A maximum of eight residential dwelling units shall be permitted in each building. No more than two residential dwelling units shall be allowed in a row without a horizontal break of six feet in the facade.
(5) 
Building height: for principal buildings, 35 feet or 2 1/2 stories, provided that no more than 2 1/2 stories may be above the average elevation of finished grade around the perimeter of the building. Townhouse dwelling units having a main entrance more than four feet from grade level shall have enclosed private entranceways at grade level.
C. 
Unless provided to the contrary herein, applications for development approval in the RTH-1 Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated herein by reference.
[Amended 12-18-2000 by Ord. No. 2000-2605]
A. 
Minimum regulations.*
(1) 
Tract area: 10 gross acres.
(2) 
Tract frontage: 150 feet.
(3) 
Building setbacks:
(a) 
From arterial or collector roads: 75 feet.
(b) 
From tract boundary or local road right-of-way excluding internal roadways: 50 feet.
(c) 
From curb of any interior street: 18 feet.
(d) 
From curb of any parking space: 10 feet, excluding individual driveways used as parking spaces which lead to garages.
(e) 
The approving authority may permit up to a 25% reduction of any of the above standards where such a reduction would benefit the overall project design, and would not result in any negative impact to the health, safety and welfare of the residents of the community. Additional landscaping, fencing, berming or other treatment may be required by the approving authority in areas where such a reduction is being considered.
(4) 
Parking shall be provided in accordance with the regulations as specified in § 540-929A(4) of this chapter.
(5) 
Fifty percent of the gross tract area shall remain as open space. Additional landscaping may be required by the approving authority in open space areas.
(6) 
Recreation areas shall be provided within any development containing 30 units or more. Recreation areas shall be a minimum of 10% of the gross tract area. Recreation areas may include active or passive recreational facilities, however, at least 1/2 of a recreation area shall be devoted to active recreation unless waived by the approving authority.
(7) 
Where any development abuts a property containing a single-family dwelling, a seventy-five-foot buffer shall be provided, at least 50 feet of which is provided with substantial vegetation designed to provide a visual screen. Passive walkways, paths or sidewalks may be located within a buffer area, subject to review by the approving authority.
B. 
Maximum regulations.*
(1) 
Impervious surfaces. No more than 40% of the gross tract area shall be covered by impervious surfaces.
(2) 
Dwelling unit density in the RTH-2 zone. There shall be no more than five dwelling units per gross acre of the tract. Seventeen and one-half percent of the total number of dwelling units shall be set aside for affordable housing in accordance with the regulations of the Council on Affordable Housing.
(3) 
Building height: 2 1/2 stories, not to exceed 35 feet.
(4) 
Building design standards. Development in the RTH-2 and RTH-3 Zones shall adhere to § 540-604, Architectural and building design standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.
C. 
Unless provided to the contrary herein, applications for development approval in the RTH-2 and RTH-3 Zones shall follow and be subject to the applicable ordinances, procedures, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated within this chapter.
D. 
Other regulations.
(1) 
Lots in the RTH-2 Zone which do not meet the minimum lot area shall be permitted to develop in accordance with the R-10 Zone standards.
NOTE:
*
For purposes of these regulations, parcels in this zone that are across the street or highway from each other that are planned and developed together may be treated as one tract.
A. 
Minimum regulations.
(1) 
Tract area: 12 acres.
(2) 
Tract frontage: 300 feet for 225 dwelling units or less, 500 feet for more than 225 dwelling units, located on primary or secondary arterial roads.
(3) 
Building setbacks: 140 feet from a primary arterial road, 100 feet from a secondary arterial road, 80 feet from a collector road, 60 feet from any tract boundary or lot line or from any other right-of-way line, except an internal street, 20 feet from the curb of an internal street, 12 feet from a sidewalk along an internal street. The Planning Board may permit reduction of the above setbacks from streets and boundary lines if a landscape buffer, sufficient to insure adequate visual privacy and noise control, is provided.
(4) 
Parking.
(a) 
Spaces per dwelling unit: 1.50 per efficiency unit, 1.75 per one-bedroom unit, 2.00 spaces per two-bedroom unit and 2.25 per unit with three or more bedrooms, but not less than 1.6 spaces per dwelling unit in any development.
(b) 
Parking setbacks for parking of three or more contiguous spaces.
[1] 
One hundred feet from a primary arterial road.
[2] 
Eighty feet from a secondary arterial road or collector road.
[3] 
Thirty-five feet from a tract boundary line.
[4] 
Fifteen feet from a common development lot line.
[5] 
Twenty feet from any principal building line.
[6] 
Eight feet from the curb of any major internal street.
[7] 
Thirty feet from a pond or lake shoreline or stream bank; or from the one-hundred-year floodplain.
(5) 
Open space: 35% of the gross tract area. All open space shall be set aside as permanent common open space. An area equal to 20 feet measured in all directions from an apartment building shall not be included in the area designated as open space herein required.
(6) 
No unit shall contain more than three bedrooms. No more than 45% of the total units shall contain more than one bedroom. No more than 15% of the total units shall contain three bedrooms.
Dwelling Unit Size
Minimum Unit or Apartment Size
(square feet)
Efficiency
630
1-bedroom
720
2-bedroom
900
3-bedroom
1,080
(7) 
Distance between buildings.
(a) 
Where both facing walls contain windows of habitable rooms, 75 feet, but not less than two times the eave height of the highest habitable room.
(b) 
Where only one of two facing walls contains windows of habitable rooms, 30 feet, but not less than 1 1/2 times the eave height of the highest building.
(c) 
Where neither of two facing walls contains windows of habitable rooms, 20 feet of the eave height of the highest building, whichever is greater. Buildings shall be considered facing if the walls form an angle of less than 45°.
(8) 
Recreation areas.
(a) 
Areas equal to one acre plus 10% of the gross tract area shall be set aside as recreation areas. A maximum of 1/2 of the required recreation areas may occur outside of the net tract area, provided such areas are accessible and suitable for passive and active recreation uses. No major active recreation facilities such as playfields and tennis courts shall be within 30 feet of a tract boundary line nor within 100 feet of a primary or secondary arterial right-of-way line, nor within 80 feet of a major collector road. No recreation areas are permitted in required yard areas.
(b) 
All required recreational areas shall include improvements and amenities for the use and benefit of, and to meet the needs of the residents or occupants of a development. Unimproved natural areas shall not qualify as required recreation areas. At least 50% of required recreation areas shall be improved for active recreational uses such as courts, playfields, swimming pools, and similar facilities.
(9) 
Tract buffer area: a thirty-foot-wide landscaped buffer the perimeter of the tract boundary. Buffer areas shall be required in accordance with § 540-606.
B. 
Maximum regulations.
(1) 
Impervious surfaces: 38% of the gross tract area, and 25% of any developed area within 80 feet of a lake or pond shoreline or the one-hundred-year floodplain.
(2) 
Dwelling unit density. There shall not be more than 9.25 dwelling units per acre for each gross acre.
(3) 
Building coverage. No more than 20% of the gross tract area shall be covered by buildings.
(4) 
Number of dwelling units per building. A maximum of 16 residential dwelling units shall be permitted in each building.
(5) 
Building length. No building shall exceed 260 feet in length on any side nor an alternate building length on a side greater than 200 feet.
(6) 
Undifferentiated facade. A change in building setback or break in the building facade of at least four feet is required in horizontal intervals not less than the equivalent length of four dwelling units or 120 feet, whichever is less.
(7) 
Building height: for principal buildings, 35 feet or three stories; provided that no more than 2 1/2 stories may be above the average elevation of finished grade around the perimeter of the building; and provided further that no more than 30% of the total number of apartments of multifamily dwelling units are located in three-story buildings. No apartment or dwelling unit entrance shall be more than one story above the main entrance level to a building. For accessory buildings, 15 feet or one story.
C. 
Unless provided to the contrary herein, applications for development approval in the RGA Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan review and other applicable ordinances which are incorporated within this chapter.
A. 
Minimum standards:
(1) 
Tract area: 10 gross acres.
(2) 
Tract frontage: 150 feet.
(3) 
Building setbacks.
(a) 
From arterial or collector roads: 75 feet.
(b) 
From tract boundary or local road right-of-way: 50 feet.
(c) 
From curb of interior street: 12 feet.
(d) 
From curb of any parking space: 10 feet.
(e) 
The approving authority may permit up to a 25% reduction of any of the above standards where such a reduction would benefit the overall project design and would not result in any negative impact on the health, safety and welfare of the residents of the community. Additional landscaping, fencing, berming or other treatment may be required by the approving authority in areas where such a reduction is being considered.
(4) 
Parking shall be provided in accordance with the regulations as specified in § 540-932A(4) of this chapter.
(5) 
Forty percent of the gross tract area shall remain as open space. Additional landscaping may be required by the approving authority in open space areas.
(6) 
Recreation areas shall be provided within any development containing 30 units or more. Recreation areas shall be a minimum of 10% of the gross tract area. Recreation areas may include active or passive recreational facilities; however, at least 1/2 of a recreation area shall be devoted to active recreation unless waived by the approving authority.
(7) 
Where any development abuts a property containing a single-family dwelling, a seventy-five-foot buffer shall be provided, at least 50 feet of which is provided with substantial vegetation designed to provide a visual screen. Passive walkways, paths or sidewalks may be located within a buffer area, subject to review by the approving authority.
B. 
Maximum regulations.
(1) 
Impervious surfaces. No more than 40% of the gross tract area shall be covered by impervious surfaces.
(2) 
Dwelling unit density in the RGA-1 Zone shall be no more than 10 dwelling units per gross acre, and in the RGA-2 Zone, nine dwelling units per gross acre. In all cases, 20% of the total number of dwelling units shall be set aside for affordable housing in accordance with the regulations of the Council on Affordable Housing and the Township of Middletown. Where rental housing is to be provided, the maximum density in the RGA-1 Zone shall be 13 dwelling units per gross acre, and in the RGA-2 Zone, 12 dwelling units per gross acre. In both the RGA-1 and RGA-2 Zones, where rental housing is required, a 15% set-aside may be permitted.
(3) 
Building height: 2 1/2 stories, not to exceed 35 feet.
C. 
Building design standards. Development in the RGA-1 and RGA-2 Zones shall adhere to § 540-604, Architectural and building design standards, and shall provide sufficient horizontal and vertical offsets to create visually attractive buildings and building clusters that relate well to site topography and important site features. Building design shall be characterized by a consistent system of surface material, trim design, and colors to visually unify the development and blend with the land.
D. 
Unless provided to the contrary herein, applications for development approval in the RGA-1 and RGA-2 Zones shall follow and be subject to the applicable ordinances, procedures, standards and guidelines as required for preliminary and final site plan and/or subdivision review and other applicable ordinances which are incorporated within this chapter.
A. 
Minimum standards.
(1) 
Gross lot area: one acre.
(2) 
Building setbacks:
Principal
(feet)
Front
5
Side
15
Street side
5
Rear
20
Street rear
20
(3) 
Lot frontage: 75 feet.
(4) 
Gross floor area: N/A.
(5) 
First floor area: N/A.
B. 
Maximum regulations.
(1) 
Dwelling unit density: 20 dwelling units per acre.
(2) 
Lot coverage: 70%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 2 1/2 stories; 35 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Amended 10-6-2014 by Ord. No. 2014-3118]
A. 
Minimum regulations.
(1) 
Tract area: five acres.
(2) 
Building setbacks, principal buildings:
(a) 
Front: 10 feet.
(b) 
Side: 25 feet.
(c) 
Rear: 60 feet.
(3) 
Parking. Parking shall be provided per standards set forth by the State of New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-4.14, or as approved by the Planning Board in developments where the keeping of automobiles by residents is restricted.
(4) 
Open space: 25% of the gross tract area.
(5) 
Recreation areas: 100 square feet per dwelling unit. Up to 50% of the minimum required recreation areas may be provided indoors.
B. 
Maximum regulations.
(1) 
Density: 20 dwelling units per gross tract acre.
(2) 
Building height: 60 feet.
(3) 
Front setback: 40 feet.
(4) 
Lot coverage: 35%.
C. 
Other regulations.
(1) 
The site design, building design, and layout of individual dwelling units shall meet or exceed New Jersey Uniform Construction Code minimum property standards for family and/or elderly housing, including provisions for community activity spaces and the handicapped.
(2) 
Buffer areas. Buffer areas shall be provided in accordance with § 540-606, except that minimum buffer width may be reduced to 25 feet. Buffers shall not be required adjacent to a public street, roadway or other public right-of-way.
(3) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
D. 
Architectural and site design standards.
(1) 
Building facades shall incorporate design features such as offsets, balconies, decks, entrances, patios, courtyards, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, these features shall occur at a minimum of every 30 feet.
(2) 
Offsets or breaks in roof elevation of two feet or greater in height shall be provided to avoid visual monotony.
(3) 
Building facades may be clad with durable man-made and/or natural materials, including but not limited to brick, stone, wood and vinyl.
(4) 
Building facades oriented towards a public street or roadway shall incorporate at least one functioning point of building ingress and/or egress. This point of ingress and/or egress shall enhance resident connectivity to neighborhood services, establish a secure and attractive visual relationship between the building and public viewsheds, and contribute to a quality streetscape.
(5) 
The texture, color and material of visible building foundations shall complement the principal facade material. Expanses of exposed, nontextured concrete should be avoided unless impracticable due to demonstrated site constraints. Where exposed foundations extend more than 2.5 feet above grade, design features such as foundation plantings, raised planting beds, courtyards, and/or seating should be utilized to minimize visibility.
(6) 
Adequate, accessible and secure storage space shall be provided. Common storage area and storage within or adjoining a dwelling shall qualify as storage space.
(7) 
Trash receptacles shall not be located in any front yard setback, or within 25 feet of an adjacent property line.
A. 
Minimum standards.
(1) 
Gross lot area: five acres.
(2) 
Building setbacks.
Principal
(feet)
Front
150
Side
50
Street side
50
Rear
100
Street rear
100
(3) 
Lot frontage: 100 feet.
(4) 
Gross floor area: N/A.
(5) 
First floor area: N/A.
B. 
Maximum regulations.
(1) 
Dwelling unit density: 3.5 dwelling units per acre.
(2) 
Lot coverage: 60%.
(3) 
Floor area ratio: N/A.
(4) 
Building height: 60 feet.
C. 
Other regulations.
(1) 
The site design, building design, and layout of individual dwelling units shall meet or exceed New Jersey Uniform Construction Code minimum property standards for family and/or elderly housing, including provisions for community activity spaces and the handicapped.
(2) 
Unless otherwise specified herein or otherwise determined by the approving authority, the maximum and minimum regulations of the RGA Zone district shall apply for parking, building, yard and setback standards.
(3) 
Buffer areas. Buffer areas shall be provided in accordance with § 540-606A.
(4) 
Unless provided to the contrary herein, applications for development approval in the RGA Zone shall follow and be subject to the applicable ordinances, procedures, regulations, standards and guidelines as required for preliminary and final site plan review and other applicable ordinances which are incorporated herein by reference.
(5) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Lot area.
(a) 
Gross lot area: 167,000 square feet.
(b) 
Buildable lot area: 2.5 acres.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
100
100
Side
100
100
Street side
50
50
Rear
150
150
Street rear
100
100
(3) 
Lot frontage: 500 feet.
(4) 
Gross floor area: 20,000 square feet.
(5) 
First floor area: 20,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage: 35%.
(3) 
Floor area ratio: 22%.
(4) 
Building height: three stories; 50 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
A. 
Minimum standards.
(1) 
Gross lot area.
(a) 
Gross lot area: 250,000 square feet.
(b) 
Buildable lot area: 3.5 acres.
(2) 
Building setbacks.
Principal
(feet)
Accessory
(feet)
Front
250
250
Side
250
250
Street side
125
125
Rear
250
250
Street rear
250
250
(3) 
Lot frontage: 750 feet.
(4) 
Gross floor area: 20,000 square feet.
(5) 
First floor area: 20,000 square feet.
B. 
Maximum regulations.
(1) 
Dwelling unit density: N/A.
(2) 
Lot coverage: 25%.
(3) 
Floor area ratio: 16%.
(4) 
Building height: three stories; 50 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work.
[Amended 6-17-1996 by Ord. No. 96-2441]
A. 
Minimum regulations.
(1) 
Lot area: three acres.
(2) 
Lot frontage: 200 feet.
(3) 
Building setbacks.
(a) 
Front setback: 75 feet.
(b) 
Rear setback.
[1] 
Principal building: 75 feet.
[2] 
Accessory building: 75 feet.
(c) 
Side setbacks.
[1] 
Principal building: one side, 20 feet; combined sides, 50 feet.
[2] 
Accessory building: 20 feet.
(4) 
Parking. Off-street parking shall be provided in accordance with § 540-627R.
(5) 
Minimum gross floor area.
(a) 
First floor of multistory buildings: 10,000 square feet.
B. 
Maximum regulations.
(1) 
Lot coverage: 50%.
(2) 
Floor area ratio (FAR): 0.25.
(3) 
Building height: three stories; 40 feet.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Amended 6-17-1996 by Ord. No. 96-2441]
A. 
Minimum regulations.
(1) 
Lot area: 75 acres.
(2) 
Lot frontage: 300 feet.
(3) 
Building setbacks (principal and accessory):
(a) 
Front setback: 350 feet; 100 feet when abutting a regional expressway or freeway.
(b) 
Rear setback: 350 feet.
(c) 
Side setback: 150 feet; 100 feet when abutting a regional expressway or railroad.
(d) 
Street side: 175 feet.
(e) 
Street rear: 350 feet.
(4) 
Parking. Off-street parking shall be provided in accordance with § 540-627R. Parking areas may be located in any required yard space, provided:
(a) 
They are at least 50 feet from any roadways and zone boundaries other than residential.
(b) 
Where the abutting zone is residential, the parking area setback shall be a minimum of 100 feet; 25 feet when abutting a railroad.
(5) 
Gross floor area.
(a) 
First floor of multistory principal buildings: 20,000 square feet minimum.
(b) 
Total principal building: 20,000 square feet minimum.
(6) 
Distance between buildings. Where more than one principal building is located on a lot or tract, the minimum open space between separated buildings shall be 175 feet. Where buildings are to be connected to a covered walkway at grade level, the separation may be reduced to no less than 100 feet. Where buildings are to be connected by an atrium which is structurally integrated into said buildings and considered part of the gross floor area, this section shall not apply.
B. 
Maximum regulations.
(1) 
Lot coverage: 45%.
(2) 
Floor area ratio (FAR): 0.25. Section 540-624A(4) of this chapter shall not apply for the purposes of calculating the maximum floor area ratio permitted in this section.
(3) 
Building height. No building shall exceed five stories, exclusive of basement and/or cellar used exclusively for housing mechanical equipment, storage, and/or parking, or 75 feet in height, whichever is greater.
C. 
Parking structure. Parking structures located within the OR-3 Zone shall comply with all provisions of § 540-619 herein except as follows:
(1) 
The height and maximum number of stories permitted shall be in accordance with § 540-940B(3) herein.
(2) 
Parking structures are permitted to be located between a street frontage and a commercial building as long as it is located outside the required front yard setback.
D. 
Landscaping. Notwithstanding § 540-622 herein, required landscaping shall be as follows:
(1) 
A minimum of 25% of a site plan shall be reserved for landscaping and/or left in its natural state.
(2) 
No parking lot shall contain more than 20 spaces in a row without interruption by a landscaped island at least eight feet wide.
(3) 
All parking areas for 20 or more vehicles shall contain grassed or landscaped areas at least six feet wide.
E. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
[Amended 7-20-2009 by Ord. No. 2009-2979]
(Block 825, Lots 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69.01, 72, 73, 74, 75, 76, 77, 78, 79, 80 and 81)
A. 
Minimum standards.
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 50 feet, except where any jug handle intrudes into property, which buildings shall be no less than 20 feet to the ROW jug handle in that instance.
(b) 
From tract boundary or right-of-way: 35 feet.
(c) 
From single-family residential zone: 75 feet, except detached single-family homes are permitted with frontage on an extension of Carriage Lane so long as the standards and regulations of the R-22 Zone are complied with for each lot and structure.
(d) 
From internal streets: 12 feet.
(3) 
Parking setbacks.
(a) 
From arterial or collector roadway: 50 feet, except that parking for affordable housing units may be located to within 20 feet from arterial or collector roadways.
[Amended 2-16-2010 by Ord. No. 2010-2999]
(b) 
From tract boundary or right-of-way (other than internal streets): 50 feet, except for parking for affordable housing units which may be no closer than 20 feet.
(c) 
From principal buildings: six feet, except for driveway parking spaces.
(4) 
Buffer requirements.
(a) 
No structure or paved area associated with a retail use shall be located within 150 feet of a single-family residential zone.
(b) 
No structure or paved area associated with any office use shall be located within 100 feet of a single-family residential zone.
(c) 
Structures associated with drainage facilities may be permitted within any required buffer area.
(5) 
Open space: 30%. (Open space includes all area of the tract meeting the definitions of "open space" and/or "open space, unoccupied" in § 540-203. It specifically includes all drainage and stormwater drainage and recharge basins.)
B. 
Maximum regulations.
(1) 
Lot coverage: The overall lot coverage for the gross tract area shall not exceed 50%.
(2) 
Building height.
(a) 
Single-family detached residential uses: 2 1/2 stories; 35 feet.
(b) 
Retail, office, commercial, mixed-use and multifamily residential buildings: four stories, 60 feet.
(3) 
Floor area ratio: 0.12 excluding residential uses.
C. 
Other regulations.
(1) 
All residential uses on the site shall be developed at a density not to exceed 4.5 units per gross tract area.
(2) 
Performance residential development shall be permitted on any portion of the PD Zone consistent with the R-22 standards and shall be exempt from the minimum tract size requirement.
(3) 
Any application for development greater than 100 acres in size may, in addition to the application for site plan approval, also include a request for a general development plan approval for the full development of the project. This application shall be submitted consistent with N.J.S.A. 40:55D-45, 45.1, 45.2 and 45.3 and include information outlined in the above referenced statutory sections that the Board deems necessary for review and determination of general development plan approval. The term of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in N.J.S.A. 40:55D-45.1(c); however, the term shall not be less than 10 years nor more than 20 years from the date upon which the developer receives final approval of the first section of the planned development.
(4) 
The general development plan for the full development of the project must contain a minimum of three of the below uses, and each use shall not comprise more than the maximum percentage listed below, unless otherwise specified herein. Nonresidential development shall comprise a minimum 30% of the full development of the PD Zone.
Uses
Maximum Percent of Full Development
Office uses
40%
Retail uses
50%
Multifamily residential
50%
Single-family residential
40%
Other uses
30%
Farms
100%
(5) 
At the request of the applicant, any of the standards and regulations applicable to the PD Zone may be increased or decreased up to 10% by the approving authority, without need for a variance application.
(6) 
Buildings containing a mix of uses, including residential, shall be permitted in the PD Zone. Any structure containing a mix of uses which includes residential shall be considered a nonresidential structure (except the residential floor area shall not be included in the floor area ratio calculation). Additionally, for the purpose of calculating the mix of uses per Subsection C(4), the square footage of any use within a mixed-use structure shall be added separately and shall contribute to the maximums specified in Subsection C(4).
(7) 
After approval (including general development plan approval, preliminary site plan approval and/or final site plan approval), it shall be permissible to sell individual portions of the project (and obtain subdivision approval if necessary) so long as all portions of the project shall remain consistent and in conformance with the general development plan. Such subdivision and sale shall not add additional requirements to the project that were not present prior to the proposal to subdivide and sell a portion of the project.
(8) 
Parking lot landscaping. Section 540-622D(4) and (5) shall not apply to the PD Zone.
D. 
Any property located in the PD Zone that was not already zoned for planned development at the time of the adoption of this ordinance[2] may be developed in accordance with Business (B-2) Zone standards.
[Amended 2-16-2010 by Ord. No. 2010-2999]
[2]
Editor's Note: Ordinance No. 2010-2999, a portion of which is codified herein as Subsection D, was adopted February 16, 2010.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 2000-2601, 2001-2644, 2001-2645, 2004-2760, 2004-2798 and 2004-2801.
[Amended 6-16-2003 by Ord. No. 2003-2723; 12-6-2004 by Ord. No. 2004-2793]
A. 
Standards.
(1) 
No lot area or building setback within the Federal Land Zone shall be modified or further reduced below the area or setback in existence at the time of the adoption of this section.
(2) 
No use other than the uses which are in existence on any property in the Federal Land Zone shall be permitted.
[Amended 9-21-2009 by Ord. No. 2009-2989]
A. 
Purpose.
(1) 
The flood hazard areas of Middletown Township are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(2) 
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(a) 
To protect human life and health;
(b) 
To minimize expenditure of public money for costly flood control projects;
(c) 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(d) 
To minimize prolonged business interruptions;
(e) 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(f) 
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(g) 
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(3) 
Methods of reducing flood losses. In order to accomplish its purposes, this section and § 540-527 include methods and provisions for:
(a) 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(b) 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(d) 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
(e) 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
B. 
Applicability. Any and all lands or portions of lands which extend into, traverse, or lie within the area of special flood hazard or floodplain as delineated in the report and maps referenced in § 540-901A(5) shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed.
C. 
Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful preexisting use pursuant to Article VII of this chapter:
(1) 
The placing, depositing or dumping of any solid waste.
(2) 
The dumping, disposal or discharge of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.
(3) 
Any use which is not permitted in the district regulations of Article IX of this chapter for the zone district in which the flood hazard area is located.
D. 
Regulated uses. For purposes of this section, regulated uses are activities and land uses within the flood hazard area which:
(1) 
Are not prohibited under § 540-943C;
(2) 
Result in excavation, fill, or grading;
(3) 
Require channel modification or relocation;
(4) 
Require, under the terms of this chapter, approval of a subdivision, site plan, conditional use, or require a variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d, and 40:55D-76a;
(5) 
Require the erection of a structure or building (temporary and permanent).
E. 
Floodplain encroachment permit required.
(1) 
Subject to the provisions of Article VII (§ 540-709) of this chapter, no person shall hereafter engage or cause other persons to engage in any development or regulated use in an area of special flood hazard as defined herein unless and until such person shall have applied for and received from the Administrative Officer (Construction Official) a floodplain encroachment permit.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(2) 
Where a lot, tract, or parcel is proposed for development and a portion of said lot, tract, or parcel lies within a special flood hazard area, a development permit may be issued without the prior approval and issuance of a floodplain encroachment permit, provided said development does not in any way during or as a result of construction or development disturb the natural condition of or encroach upon the special flood hazard area and/or result in any man-made change to the special flood hazard area, including the placement therein of buildings or structures or mining, dredging, filling, grading, paving, excavation, or drilling; and provided, moreover, that said development does not require site plan, subdivision, or conditional use approval nor require the issuance of any variance. The Administrative Officer (Construction Official) may require such information prior to the issuance of the development permit and impose such conditions to assure that the development does not disturb or encroach upon the special flood hazard area.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(3) 
Minor uses or activities within a special flood hazard area, such as but not limited to gardens, flower beds, open fences, temporary plan equipment, lawn furniture or the removal of dead or diseased trees, which are accessory to and normally associated with the enjoyment of a single- or two-family dwelling and which in the opinion of the Administrative Officer (Construction Official) do not alter or increase the flood hazard do not require a floodplain encroachment permit.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(4) 
Practices within a special flood hazard area that are related to a farm, such as terracing, construction of diversions, subsurface drainage, construction of grassed waterways and dug ponds, shall be designed and constructed under the supervision of the Freehold Soil Conservation District and shall be considered a regulated use for which the issuance of floodplain encroachment permit is required.
F. 
It shall be the duty and responsibility of the Administrative Officer (Construction Official) to issue or deny an application for a floodplain encroachment permit after consultation with the Township Engineer and the Zoning Officer in accordance with the following:
[Amended 4-15-2013 by Ord. No. 2013-3082]
(1) 
Review all such applications to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review all such applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
(3) 
When base flood elevation and floodway data has not been provided in accordance with § 540-901A(5)(a)[1] and [2], then the Administrative Officer (Construction Official) shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 540-527G and I.
[Amended 4-15-2013 by Ord. No. 2013-3082; 6-4-2018 by Ord. No. 2018-3221]
(4) 
Obtain, verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(5) 
Review all development permits in the coastal high-hazard area and Coastal A Zone to determine if the proposed development alters sand dunes or other natural coastal protections so as to increase potential flood damage.
[Amended 6-4-2018 by Ord. No. 2018-3221]
(6) 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 540-527L are met.
[Amended 6-4-2018 by Ord. No. 2018-3221]
(7) 
Review plans for walls to be used to enclose space below the base flood level in accordance with § 540-527M(2)(d).
[Amended 6-4-2018 by Ord. No. 2018-3221]
(8) 
Determine that the development complies with the design standards of § 540-527.
(9) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual lowest floor elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in § 540-943H(2)(d).
(10) 
In coastal high-hazard and Coastal A Zone areas, certifications shall be obtained from a registered professional engineer or architect that the provisions of § 540-527M(2)(b)[1] and [2] are met.
[Amended 6-4-2018 by Ord. No. 2018-3221]
(11) 
Maintain for public inspection all records pertaining to the provisions of this section.
(12) 
Alteration of watercourses.
(a) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Bureau of Flood Control, and land use regulation program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
[Amended 6-4-2018 by Ord. No. 2018-3221]
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(13) 
For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use, or a variance is required, the Administrative Officer (Construction Official) shall refer said application to the Planning Board or Zoning Board for review and approval, approval with conditions, or denial for the floodplain encroachment permit in accordance with § 540-943J.
[Amended 4-15-2013 by Ord. No. 2013-3082]
(14) 
Information to be obtained and maintained.
[Added 6-4-2018 by Ord. No. 2018-3221]
(a) 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
(b) 
For all new or substantially improved floodproofed structures:
[1] 
Verify and record the actual elevation (in relation to mean sea level); and
[2] 
Maintain the floodproofing certifications required in § 540-943H(2)(d).
(c) 
In coastal high-hazard and Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 540-527M(2)(a) and (b)[1], [2] and [3] are met.
(d) 
Maintain for public inspection all records pertaining to the provisions of this Ordinance No. 2018-3221.
(15) 
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 540-527N.
[Added 6-4-2018 by Ord. No. 2018-3221]
(16) 
Substantial damage review.
[Added 6-4-2018 by Ord. No. 2018-3221]
(a) 
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.
(b) 
Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Bureau of Flood Control.
(c) 
Ensure substantial improvements meet the requirements of § 540-527G, Residential construction; § 540-527I, Nonresidential construction; and § 540-527J, Manufactured homes.
G. 
Duties and responsibilities of the Board of Adjustment. In those cases where an application for development requires a floodplain encroachment permit for a regulated use as a precondition to the issuance of a development permit as set forth in § 540-943F, and such application for development is under the jurisdiction of the Zoning Board of Adjustment, then the Board of Adjustment shall have the same power to act on the application for a floodplain permit subject to the same restrictions and requirements as the Planning Board.
H. 
Application procedures. Where an application for development is classified as a regulated use within a flood hazard area, the applicant shall submit for a floodplain encroachment permit the following to the Administrative Officer (Construction Official):
[Amended 4-15-2013 by Ord. No. 2013-3082]
(1) 
Application fee.
(2) 
Four copies of the floodplain encroachment application form and plans showing the following information:
(a) 
A plan drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(b) 
Elevation in relation to mean sea level of the lowest floor (including basement) of all structures.
(c) 
Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed.
(d) 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of § 540-527I and a certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 540-527I.
[Amended 6-4-2018 by Ord. No. 2018-3221]
(e) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(3) 
Distribution.
(a) 
The Administrative Officer (Construction Official) shall distribute the application form and plans as follows:
[Amended 4-15-2013 by Ord. No. 2013-3082]
[1] 
One copy to Emergency Management Coordinator.
[Amended 4-15-2013 by Ord. No. 2013-3082]
[2] 
One copy to Zoning Officer.
[3] 
Two copies to Township Engineer's office.
(b) 
All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability, and, if required, be prepared by a licensed professional engineer, architect, and/or land surveyor.
(4) 
Declaration of completeness of submission of additional information. Within 30 days of its submission, the Administrative Officer (Construction Official) shall take action on an application for a floodplain encroachment application. Such action may approve, deny, or declare incomplete said application or notify the applicant that the development requires approval by the Planning Board or Zoning Board. The applicant shall be notified in writing of the action taken. If the application is incomplete, the applicant shall be notified of the additional items or information required to complete the application. Failure of the applicant to furnish such information within 20 days of being so notified will result in denial of the application. The Administrative Officer (Construction Official) shall not issue a floodplain encroachment permit unless a favorable report has been issued by the Township Engineer's office and any required prior approval of the Planning Board or Board of Adjustment has been granted.
[Amended 4-15-2013 by Ord. No. 2013-3082]
I. 
Development applications to be consolidated with floodplain encroachment permit applications. Any person who intends to apply for a floodplain encroachment permit hereunder, and who further intends to apply for conditional use approval for subdivision approval, for site plan approval, or for any variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d, or 40:55D-76a, shall consolidate all information required by the floodplain encroachment application to be platted with all tentative and final subdivision plats, site plans, or other such plans submitted pursuant to this chapter. Additional copies of the floodplain encroachment application form shall be submitted as required by the Board. Where platted information has been consolidated as herein required, the Planning Board or Board of Adjustment shall consider simultaneously the application for a floodplain encroachment permit and the application for subdivision, site plan, conditional use or variance approval. Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other ordinance, except that the Planning Board may refrain from taking any action on such floodplain encroachment permit application until final subdivision, site plan, conditional use, or variance approval is granted or denied. This subsection is in no way intended to excuse any applicant for subdivision or site plan approval from any other applicable provisions of this chapter of the Township ordinance, or any other provisions of law, but is solely intended to eliminate the necessity for dual submission.
J. 
A floodplain encroachment permit may be issued if, after review and consideration of the application, with due regard for the criteria of this chapter, the use or activity as proposed by the applicant, or as conditioned by the approving authority:
(1) 
Has low flood damage potential;
(2) 
Neither obstructs flood flows nor increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses; and does not increase significantly the rate of local runoff, erosion and sedimentation;
(3) 
Does not degrade significantly the water-carrying capacity of any delineated floodway or channel;
(4) 
Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters;
(5) 
Does not stress unduly the environment of the floodplain;
(6) 
Does not require channel modification or relocation;
(7) 
Does not involve the storage of hazardous materials;
(8) 
Does not require excessive fill;
(9) 
Complies with the design standards of § 540-527; and
(10) 
Is elevated in accordance with § 540-527H in the case of residential structures, or is elevated or floodproofed in accordance with § 540-527I, in the case of nonresidential structures.
[Amended 6-4-2018 by Ord. No. 2018-3221]
K. 
Conditional issuance. The approving authority may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property and to preserve, protect and enhance the natural environment of the floodplain.
L. 
Certification prior to occupancy. Prior to the issuance of a certificate of occupancy for buildings or structures erected within a coastal high-hazard area utilizing structural support pursuant to § 540-527M(2)(b), an engineer or architect licensed in the State of New Jersey must certify that such supports have been built to comply with § 540-527M(2)(b).
[Amended 6-4-2018 by Ord. No. 2018-3221]
M. 
Revocation of floodplain encroachment permits. Floodplain encroachment permits may be revoked by the Municipal Agency or Administrative Officer (Construction Official) for any violation of these regulations or for violations of any permit conditions. Continuation of the use or activity subsequent to revocation shall be deemed a violation of this chapter.
[Amended 4-15-2013 by Ord. No. 2013-3082]
N. 
Penalties. No structure or land shall hereafter be constructed, relocated, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any persons engaging in a use or activity prohibited in this section or engaging in an activity without receiving a floodplain encroachment permit where one is required shall be subject to the penalties of § 540-309A.
[Amended 6-4-2018 by Ord. No. 2018-3221]
O. 
Design waivers. An applicant desiring a waiver of the design conditions and standards required for the issuance of a floodplain encroachment permit may appeal to the Township Zoning Board for a waiver in accordance with § 540-527N.
[Amended 6-4-2018 by Ord. No. 2018-3221]
P. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Q. 
In the interpretation and application of this section, all provisions shall be:
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
R. 
Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted with such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Middletown, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or chapter or any administrative decision lawfully made thereunder.
A. 
Purpose.
(1) 
The purpose of this section is to promote the educational, cultural, economic and general welfare of the Township through the preservation of historic buildings and structures and of places and districts through the development and maintenance of appropriate settings for such buildings, structures, places and districts which impart to residents and visitors alike a distinct aspect of the Township and which serve as visible reminders of the historical and cultural heritage of the Township, state and the nation.
(2) 
To accomplish this purpose, the Township has adopted provisions intended to:
(a) 
Safeguard the heritage of the Township by preserving resources within the Township which reflect elements of its cultural, social, economic and architectural history;
(b) 
Encourage the continued use of historic landmarks and to facilitate their appropriate reuse;
(c) 
Promote appreciation of historic landmarks for education, pleasure and the welfare of the local population;
(d) 
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, site objects, or districts within Middletown Township;
(e) 
Foster beautification and private reinvestment;
(f) 
Manage change by preventing alteration or new construction not in keeping with the districts;
(g) 
Discourage the unnecessary demolition of historic resources;
(h) 
Recognize the importance of individual historic landmarks located outside of a district by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter;
(i) 
Encourage the proper maintenance and preservation of historic settings and landscapes;
(j) 
Enhance the visual and aesthetic character, diversity, continuity and interest of the Township;
(k) 
Promote the conservation of historic sites and districts and to invite voluntary compliance.
B. 
Applicability. Any and all lands which are designated as historic landmarks or lie within an historic district shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed. The following criteria shall be used in designating a site or district as historic:
[Amended 2-6-2017 by Ord. No. 2017-3185]
(1) 
The landmark or district is of particular historic significance to the Township of Middletown by reflecting or exemplifying the broad cultural, political, economic, or social history of the nation, state, or community;
(2) 
The landmark or district is associated with historic personages important in national, state, or local history;
(3) 
The landmark or district is the site of an historic event which had a significant effect on the development of the nation, state, or community;
(4) 
The landmark or district is an embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering;
(5) 
The landmark or district is representative of the work of an important builder, designer, artist, or architect;
(6) 
The landmark or district is significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
(7) 
The landmark or district is able or likely to yield information important in prehistory or history.
C. 
Regulated activities.
(1) 
For purposes of § 540-944, regulated activities on an historic landmark or within a historic district shall include the following:
(a) 
Demolition of any historic landmark or an improvement within an historic district.
(b) 
Relocation of any building, structure or improvement.
(c) 
Change in the exterior appearance of any building, structure or improvement by addition, reconstruction, alteration, replacement or maintenance.
(d) 
Any addition or new construction of an improvement.
(e) 
Replacement, changes in, or addition of signs, shutters, outdoor displays, fences and hedges, street furniture, awnings, off-street driveway and parking materials, or exterior lighting.
(f) 
Installation or replacement of sidewalks, porches, fire escapes, solar panels, and satellite dish antennas.
(2) 
In no instance shall the following be considered regulated activities:
(a) 
Changes to the interior of structures.
(b) 
Ordinary repairs and maintenance or the exact replacement of any existing architectural details that are otherwise permitted by law, provided this work on an historic landmark does not alter the exterior appearance of the building. The following are some of the activities which may be permitted according to this criteria:
[1] 
Complete identical replacement of existing windows and doors.
[2] 
Repair of existing windows and doors involving no change in their design, scale or appearance. Installation of storm windows and doors.
[3] 
Complete replacement of existing material with identical material.
[4] 
Maintenance and repair of existing roofing material involving no change in the design, scale or appearance of the structure.
[5] 
Structural repairs which do not alter the exterior appearance of the building.
[6] 
Complete identical replacement of existing roof structures such as cupolas, dormers and chimneys, or the repair of same which does not alter their exterior appearance.
[7] 
Complete replacement of existing shingles, clapboards, or other siding with identical material.
[8] 
Maintenance and repair of existing shingles, clapboards, or other siding involving no change in design, scale or appearance of the structure.
[9] 
Exterior painting of existing structures. The Commission may recommend colors harmonious with those currently used in the historic district.
D. 
Landmarks Commission review required.
(1) 
No person shall hereafter engage or cause other persons to engage in any regulated activity on an historic landmark or within an historic district as defined herein unless and until such person shall have applied for and received a development permit from the Administrative Officer (Zoning Officer).
(2) 
It shall be the duty and responsibility of the Administrative Officer (Zoning Officer) to refer all applications for issuance of permits pertaining to regulated activities on an historic landmark or within an historic district as set forth in § 540-944C to the Landmarks Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, P.L. 1975 c. 291. The Landmarks Commission shall submit its written report to the Administrative Officer (Zoning Officer) and shall send a copy of the report to the applicant within 45 days of its referral to the Commission. If within the forty-five-day period the Landmarks Commission recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer (Zoning Officer) shall deny issuance of the permit or include the conditions in the permit. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
(3) 
Applications for development which are in an historic district or on an historic landmark designated pursuant to § 540-901A and require approval by the Planning Board or Board of Adjustment shall be referred by the Administrative Officer (Zoning Officer) directly to the appropriate Board. The Board shall forward a copy of the complete application to the Landmarks Commission at least 14 days prior to the hearing. Failure to forward the copy shall not invalidate any hearing or proceeding. The Landmarks Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
(4) 
Landmarks Commission review shall not be required when an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible, and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 540-530.
(5) 
Approval, denial or postponement.
(a) 
In its review of applications for demolition of an historic landmark or an improvement in an historic district pursuant to § 540-944D(2) and (3), the Landmarks Commission may recommend the postponement of demolition for a period not to exceed one year. The Commission shall utilize this time period to consult with the Township Committee, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the Township may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a great loss to the Township. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis, which may include any or all of the following:
[1] 
Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;
[2] 
Assessed value of the land and improvements thereon according to the most recent assessment;
[3] 
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;
[4] 
All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;
[5] 
Bona fide offers of the property for sale or rent, price asked, and offers received, if any;
[6] 
Any considerations by the owner as to profitable, adaptive uses for the property.
(b) 
The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the historic district can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.
E. 
Where an application for development is found by the Administrative Officer (Zoning Officer) to require Landmarks Commission review pursuant to § 540-944D(2), the applicant shall be required to submit an application for certificate of appropriateness to the Administrative Officer (Zoning Officer). As part of this application, the Landmarks Commission may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Landmarks Commission for review and must be complete in order to be considered. The Landmarks Commission shall advise the applicant in writing of the time, date, and place of the meeting at which the matter will be reviewed at least three days prior to the meeting. The Landmarks Commission may advise other interested parties of the meeting and may publish notices of the meeting in the newspaper. The applicant shall not be required to appear or to be represented at the meeting. The applicant may appear at the meeting and may submit additional information if he so chooses.
F. 
Time limit and effect of certificate of appropriateness. A certificate of appropriateness shall confer upon the applicant the right that the general terms and conditions upon which the certificate was granted shall not be changed for one year. Any certificate hereafter granted shall expire by limitation unless the approved activity has commenced within one year of the date of the certificate. The Landmarks Commission may extend the time period. Where other approvals or permits are required pursuant to this chapter, the certificate of appropriateness shall be valid for the life of those approvals or permits or extensions thereof.
[Amended 10-19-1998 by Ord. No. 98-2529]
A. 
Accessory apartments shall be permitted in all single-family residential zones, including the R-O Zone and in the B-1 Zone. Accessory apartments are permitted as a result of the Township's Affordable Housing Plan, which contemplates the creation of 69 affordable accessory apartments over the next six years. The Township Committee reserves the right to rescind these regulations at such point that the Township's accessory apartment obligation has been satisfied, subject to the approval of the New Jersey Council on Affordable Housing (COAH).
B. 
For the purposes of this section, "accessory apartment" shall be defined as follows:
ACCESSORY APARTMENT
A second dwelling unit located on a lot containing a single-family dwelling. Such a dwelling may be located within a principal structure, added to a principal structure, or located in a separate accessory building. The creation of such a dwelling unit shall be clearly incidental to the primary use of the property as a single-family dwelling and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place each unit on a separate lot unless such a subdivision and the structures involved could conform to all municipal zoning standards. Accessory apartments shall conform to the requirements of the New Jersey Council on Affordable Housing.
C. 
Minimum standards.
(1) 
Lot area. Accessory apartments shall be permitted on lots of 7,500 square feet or greater. Except where there exists a qualifying existing accessory apartment, which is on a lot of less than 7,500 square feet, such an apartment can be counted as long as all other standards and regulations can be met.
(2) 
Unit size and type. Accessory apartments shall contain at least 500 square feet of gross floor area. Each unit must also contain bathroom and kitchen facilities. Units attached to principal dwellings must have a separate entrance, but shall not have access directly to the principal dwelling from within the structure. A deed restriction shall be applied to properties with accessory apartments which are completely detached, specifying that such units may not be subdivided off in the future.
(3) 
Parking. A minimum of one off-street parking space shall be provided for an accessory apartment. Parking for an accessory apartment may be permitted on an adjacent lot subject to a formal lease arrangement between the property owners, which will ensure the availability of parking for a period of at least 10 years. In no case shall parking for an accessory dwelling result in a reduction of the existing parking for a principal dwelling below two spaces.
(4) 
Building setbacks. No new accessory structure shall be located in any front setback or less than 10 feet from any side or rear property line. Additions to existing accessory structures, which do not conform to the required setbacks, shall be permitted as long as no setback is to be decreased. In the case of lots in excess of 30,000 square feet, the minimum side or rear setback shall be 20 feet.
D. 
Maximum regulations. Notwithstanding the building height limitations which apply to accessory structures, structures containing an accessory apartment which is developed in a manner which will contribute to the Township's Mount Laurel obligation shall be permitted to build up to 2 1/2 stories and 35 feet.
E. 
Other regulations.
(1) 
Accessory apartments shall be limited to one bedroom, except that on lots in excess of 30,000 square feet, an accessory apartment shall be permitted to contain two bedrooms. A two-bedroom accessory apartment shall be required to provide two off-street parking spaces.
(2) 
Prior to the issuance of a building permit for an accessory apartment, site plan and architectural plans must be submitted depicting in detail the size, location and appearance of the proposed structure. Any construction relative to the creation of an accessory apartment shall be architecturally treated in a manner which is consistent with the appearance of other structures on site.
(3) 
Where new paved or gravel driveways or parking areas are proposed, a minimum five-foot setback from any side or rear property line shall be maintained. Landscaping and/or solid fencing shall be provided to screen such areas from the adjacent property. The proposed screening shall be specified on the site plan.
(4) 
Accessory apartments shall be developed for the housing of low- and moderate-income persons and shall conform in all respects with the requirements of the New Jersey Council on Affordable Housing.
(5) 
The affirmative marketing procedures, tenant selection process and maintenance of waiting lists shall be administered by the Department of Planning and Community Development.
(6) 
Except for the R-220, R-130, R-110 and R-90 Zones, no detached accessory apartment shall be located closer to a public street adjoining a front yard than the principal structure.
[Amended 6-18-2001 by Ord. No. 2001-2639; 4-28-2004 by Ord. No. 2004-2765; 12-6-2004 by Ord. No. 2004-2800; 6-19-2006 by Ord. No. 2006-2882]
A. 
Purpose. The purpose of these regulations is to further the implementation of the Township's Affordable Housing Program by establishing an overlay zone for the creation of housing units above existing or proposed commercial developments. This method of providing affordable housing is provided for in the Township's amended housing element. At least 20% of the dwelling units constructed as a result of this section shall be affordable and shall comply in all respects with the rules and regulations of the New Jersey Council on Affordable Housing as they now exist or as they may be amended.
B. 
The standards established herein shall be applicable to the following properties:
[Amended 11-16-2009 by Ord. No. 2009-2992]
(1) 
Block 962, Lot 31.
(2) 
Block 386, Lots 5 and 6.
(3) 
Block 262, Lot 2.
(4) 
Block 204, Lot 1.
(5) 
Block 265, Lots 65, 66, 67. [NOTE: The development of this property shall be in accordance with the standards specified in Exhibit A attached hereto.]
(6) 
Block 187, Lot 24.
(7) 
Block 443, Lots 1 and 2.
(8) 
Block 260, Lot 2.
(9) 
Block 646, Lot 29.
(10) 
Block 499, Lot 2.
C. 
The number of units permitted on each site shall be determined by the number of parking spaces available, but in no case shall exceed 20 units in any single project.
(1) 
There shall be at least one off-street parking space for each new dwelling unit created.
(2) 
Where there is existing parking on a property, sufficient to provide one space for each new dwelling unit, then additional parking may be required, where feasible, by the approving authority, subject to site plan review.
(3) 
All applicants for the residential over commercial program shall be subject to site plan review by the appropriate board. The purpose of the site plan review will be to determine the following:
(a) 
Adequacy of parking.
(b) 
Adequacy and safety of access.
(c) 
Overall site improvements including lighting and landscaping.
(d) 
Architectural improvements to the existing and/or proposed building(s).
(e) 
Adequacy of drainage.
(f) 
Adequacy of screening and buffering from adjacent properties.
D. 
No building shall be permitted to exceed the maximum building height of the zone.
E. 
Lot coverage requirements of the zone shall be complied with. Where the existing development already exceeds the permitted lot coverage, the creation of residential over commercial dwelling units shall not be permitted to increase the coverage any further, except as necessary to provide required parking.
F. 
The maximum floor area ratio for the zone shall be permitted to be increased by 20% in order to accommodate the residential units.
G. 
Projects developed under this program shall limit dwelling units as follows:
(1) 
All units shall be one bedroom for development up to six total units.
(2) 
Where more than six units are proposed, at least 75% shall be one bedroom and no more than 25% may be two bedrooms.
(3) 
Where an applicant can provide two parking spaces per dwelling unit on site, all units may be two bedrooms.
H. 
Setbacks.
(1) 
Additions to buildings in order to provide affordable housing units shall not extend beyond the existing building footprint, except for architectural projections as may be permitted elsewhere in the Zoning Ordinance, balconies and stairways or where said projection will conform to the required building setback of the zone.
(2) 
Where completely new construction is proposed, all setbacks shall conform to the appropriate zoning regulations.
I. 
Prior to issuance of a building permit for any development pursuant to this section, the developer/applicant shall enter into an agreement with the Township of Middletown, which shall include, but not be limited to, language that will ensure the development is constructed in a manner that will satisfy the New Jersey Council on Affordable Housing and the Township's Housing Plan.
J. 
Exhibit A (§ 540-946).
EXHIBIT A
(§ 540-946)
Development Standards for Residential Over Commercial Development Site Known as Block 265, Lots 65, 66, 67, Middletown Township, New Jersey
Bulk Standard
Requirement
Minimum tract area
2 acres
Maximum dwelling unit density
8 units per acre
Minimum frontage
250 feet
Minimum building setbacks
Front yard
50 feet
Side yard
20 feet
Rear yard
50 feet
Minimum open space
20%
Minimum buffer from single-family zones
50 feet
Maximum commercial floor area ratio
0.15
Maximum building height
2.5 stories/35 feet
Maximum building length
240 feet
Maximum lot coverage
70%
[Amended 2-17-2004 by Ord. No. 2004-2753; 12-6-2004 by Ord. No. 2004-2792]
A. 
Minimum regulations.
(1) 
Gross lot area: 15 acres. Tract area shall include the original total tract acreage of the parcel, including areas to be used for streets, rights-of-way or other dedications.
(2) 
Lot frontage: 300 feet. Where a tract has frontage on more than one street, the frontage requirement need only be met on one of the streets.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 50 feet.
(b) 
From tract boundary or right-of-way: 35 feet; 75 feet from single-family residential zone.
(c) 
From internal streets: 12 feet.
(4) 
Parking setbacks.
(a) 
From arterial or collector roadway: 60 feet/30 feet. The thirty-foot setback shall apply to affordable housing units.
(b) 
From track boundary or right-of-way (other than internal streets): 50 feet/20 feet. The twenty-foot setback shall apply to affordable housing units.
(c) 
From principal buildings: six feet, except for driveway parking spaces.
(5) 
Minimum open space: 30%.
(6) 
Minimum buffer from single-family zones: 75 feet; 50 feet to be suitably landscaped with dense planting.
(7) 
Affordable housing set-aside: 20%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: 10 units per acre. Density calculations shall be based upon the original total tract acreage of the parcel, including areas to be used for streets, rights-of-way or other dedications.
(2) 
Maximum building height: 3.5 stories per 45 feet; 3.5 stories shall be permitted only for units containing basements where the basement constitutes the 1/2 story.
(3) 
Minimum distance between buildings.
(a) 
Window wall to window wall: 30 feet.
(b) 
Window wall to blank wall: 25 feet.
(c) 
Blank wall to blank wall: 20 feet.
(4) 
Maximum building length: 260 feet/34 units.
(5) 
Maximum lot coverage: 40%.
NOTE: The above standards are intended to apply to inclusionary development and shall be in addition to the present zoning provisions respecting the subject property. Except as applied to inclusionary development, as contemplated herein, the zoning of the subject property shall remain unchanged.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
[Amended 2-17-2004 by Ord. No. 2004-2754; 12-6-2004 by Ord. No. 2004-2794]
A. 
Minimum regulations.
(1) 
Gross lot area: 0.20 acres. Tract area shall include the original total tract acreage of the parcel, including areas to be used for streets, rights-of-way or other dedications.
(2) 
Lot frontage: 75 feet. Where a tract has frontage on more than one street, the frontage requirement need only be met on one of the streets.
(3) 
Minimum building setbacks from tract boundary or right-of-way: 10 feet.
(4) 
Parking setbacks from tract boundary or right-of-way: 10 feet.
(5) 
Minimum open space: 15%.
(6) 
Affordable housing set-aside: 20%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: 26 units per acre. Density calculations shall be based upon the original total tract acreage of the parcel, including areas to be used for streets, rights-of-way or other dedications.
(2) 
Maximum building height: 2.5 stories/35 feet.
(3) 
Maximum lot coverage: 75%.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
[Amended 2-17-2004 by Ord. No. 2004-2755; 12-6-2004 by Ord. No. 2004-2796]
A. 
Minimum regulations.
(1) 
Gross lot area: 1.5 acres. Tract area shall include the original total tract acreage of the parcel, including areas to be used for streets, rights-of-way or other dedications.
(2) 
Lot frontage: 150 feet. Where a tract has frontage on more than one street, the frontage requirement need only be met on one of the streets.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 10 feet.
(b) 
From tract boundary or right-of-way (from internal streets): 10 feet.
(4) 
Parking setbacks.
(a) 
From arterial or collector roadway: 10 feet.
(b) 
From tract boundary or right-of-way (other than internal streets): 10 feet.
(c) 
From principal buildings: five feet.
(5) 
Minimum open space: 25%.
(6) 
Affordable housing set-aside: 20%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: 20 units per acre. Density calculations shall be based upon the original total tract acreage of the parcel including areas to be used for streets, rights-of-way or other dedications.
(2) 
Maximum building height: three stories/40 feet.
(3) 
Minimum distance between buildings: 15 feet.
(4) 
Maximum building length: 150 feet/six units.
(5) 
Maximum lot coverage: 75%.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
[Amended 7-19-2004 by Ord. No. 2004-2772; 12-6-2004 by Ord. No. 2004-2791]
A. 
Minimum regulations.
(1) 
Gross lot area: 10 acres.
(2) 
Lot frontage: 200 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 75 feet.
(b) 
From tract boundary or other right-of-way: 25 feet/200 feet from single-family residential zone.
(c) 
From internal streets: 10 feet.
(4) 
Parking setbacks.
(a) 
From arterial or collector roadway: 75 feet.
(b) 
From tract boundary or other right-of-way (other than internal streets): 25 feet.
(5) 
Minimum open space: 30%.
(6) 
Minimum buffer from single-family zones: 150 feet.
(7) 
Affordable housing set-aside: 20%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: 6.5 units per acre.
(2) 
Maximum building height: 2.5 stories/35 feet.
(3) 
Minimum distance between buildings.
(a) 
Front wall to front wall: 65 feet.
(b) 
Back wall to back wall: 50 feet.
(c) 
End wall to end wall (parallel): 30 feet.
(d) 
End wall to end wall (angled): 25 feet.
(4) 
Maximum lot coverage: 40%.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
[Amended 3-21-2005 by Ord. No. 2005-2810]
(Block 517, Lots 3-8)
A. 
Minimum regulations.
(1) 
Gross lot area: one acre.
(2) 
Lot frontage: 300 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 35 feet.
(b) 
From tract boundary: 10 feet.
(c) 
From single-family residential zones: 20 feet.
(d) 
From internal streets: five feet.
(4) 
Parking setbacks.
(a) 
From arterial or collector roadway: 20 feet.
(b) 
From tract boundary or other right-of-way (other than internal streets): 20 feet.
(c) 
From principal buildings: five feet.
(5) 
Minimum open space: 20%.
(6) 
Minimum buffer from single-family zone: 20 feet.
(7) 
Affordable housing set-aside: 11%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: 15 units per acre.
(2) 
Maximum building height: 2.5 stories/40 feet.
(3) 
Maximum lot coverage: 75%.
(4) 
Maximum building coverage: 40%.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
[Amended 3-21-2005 by Ord. No. 2005-2810]
(Block 532, Lots 42 and 43)
A. 
Minimum regulations.
Residential
Mixed Use
Gross lot area
2.5 acres
2.5 acres
Lot frontage
150 feet
150 feet
Minimum building setbacks:
From arterial or collector roadway
50 feet
50 feet
From tract boundary
20 feet
15 feet
From Single-Family Residential Zone
50 feet
50 feet
From internal streets
5 feet
5 feet
Parking setbacks:
From arterial or collector roadway
50 feet
50 feet
From tract boundary or other right-of-way (other than internal streets)
20 feet
15 feet
From principal buildings
5 feet
5 feet
Minimum open space
45%
40%
Minimum buffer from single-family zones
50 feet
50 feet
Affordable housing set-aside
11%
11%
B. 
Maximum regulations.
Residential
Mixed Use
Maximum dwelling unit density
7 units per acre
4 units per acre
Maximum building height
2.5 stories/40
3 stories/45 feet
Maximum lot coverage
50%
50%
Maximum building coverage
40%
40%
Maximum commercial FAR
NA
10%
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
(3) 
Mixed-use option.
(a) 
Nonresidential uses shall be limited to the first floor only.
(b) 
All uses permitted in the B-3 Zone shall be permitted.
(c) 
No uses requiring a drive-through window shall be permitted.
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 732, Lots 10-13 and 21)
A. 
Minimum regulations, residential.
(1) 
Gross lot area: four acres.
(2) 
Lot frontage: 500 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 35 feet.
(b) 
From tract boundary: 20 feet.
(c) 
From single-family residential zone: 40 feet.
(d) 
From internal streets: five feet.
(4) 
Parking setbacks.
(a) 
From arterial or collector roadway: 40 feet.
(b) 
From tract boundary or other right-of-way (other than internal streets): 20 feet.
(c) 
From principal buildings: five feet.
(5) 
Minimum open space: 30%.
(6) 
Minimum buffer from single-family zones: 40 feet.
(7) 
Affordable housing set-aside: 25%.
B. 
Maximum regulations.
(1) 
Maximum dwelling unit density: eight units per acre.
(2) 
Maximum building height: 3.5 stories/40 feet.
(3) 
Maximum lot coverage: 60%.
(4) 
Maximum building coverage: 40%.
C. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations of the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules of the New Jersey Council on Affordable Housing are changed. Should such a change occur, the herein deed restriction shall be consistent with any new rule.
(3) 
Mixed-use option.
(a) 
Nonresidential uses shall be limited to the first floor only.
(b) 
All uses permitted in the B-3 Zone shall be permitted.
(c) 
No uses requiring a drive-through window shall be permitted.
[Added 8-15-2005 by Ord. No. 2005-2830]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
ACTIVE ADULT COMMUNITY
A community or living facility designed specifically for the interests of persons age 55 and older, which typically contains recreational amenities and support services for older adults who are active and capable of completely independent living. Occupancy of all dwelling units in an active adult community shall be in accordance with the applicable requirements and limitations of the Federal Fair Housing Act.
B. 
Purpose. The purpose and intent of the R-3 Zone is to enable the planned development of a residential retirement community which shall include recreational facilities, and where such a development is reasonably close to a variety of retail and personal service opportunities as typically needed by the residents thereof in accordance with comprehensive site development plan approved by the Planning Board of the Township of Middletown.
C. 
Permitted uses: attached and detached age-restricted residential dwelling units.
D. 
Accessory uses.
(1) 
The following required uses:
(a) 
Swimming pool. A swimming pool shall be provided that is no less than 800 square feet in water surface area. There shall also be provided an improved sitting area, contiguous to all sides of the pool, having an area two times the water surface area of the pool.
(b) 
Clubhouse. A clubhouse shall provide at least 25 square feet of multipurpose space, not including swimming pools, for each dwelling unit. In addition, such facilities as game rooms, arts and crafts rooms, kitchen area, office space and service facilities may be provided in the clubhouse. The clubhouse may also include, but is not limited to, libraries, exercise rooms, indoor pools, meeting areas, ballrooms, computer centers, and restaurants. One off-street parking space shall be provided for each four dwelling units, except that this requirement may be reduced to the extent that other conveniently accessible and available off-street parking facilities could feasibly be substituted.
(2) 
Parks/open space.
(3) 
Administration, maintenance and security buildings.
E. 
Minimum requirements.
(1) 
The minimum tract area shall be not less than 30 contiguous or noncontiguous acres, with a total of not less than 300 feet of frontage along Route 35.
(2) 
Building setbacks.
(a) 
There shall be a setback of 50 feet from any exterior boundary of the overall site of an R-3 Zone development, except that a one-hundred-foot buffer shall be provided where the property boundary adjoins a property containing a single-family residential use and where the principal structure on the adjoining property is located less than 100 feet from the property line at the time of the establishment of this zone. No building or structure other than entrance gate houses, fences, freestanding walls, signs or architectural or artistic features shall be located within said setback area.
(b) 
Within the R-3 Zone, no residential structure shall be located closer than 25 feet to any dedicated street or road and no closer than 18 feet to an interior street, drive, or parking area. This shall not apply to detached dwellings on individual fee simple lots or parking spaces in driveways.
(c) 
No freestanding garage or other accessory structure shall be located closer than 40 feet to an interior street.
(3) 
Parking. Parking requirements shall be in accordance with the Residential Site Improvement Standards.
(a) 
One and one-half spaces per dwelling unit, one of which shall be enclosed in a garage.
(b) 
In addition, the following general controls apply to all parking facilities:
[1] 
All parking shall conform to Americans with Disabilities Act (ADA) guidelines.
[2] 
All parking spaces shall be at least nine feet by 18 feet. All circulation aisles for said parking facilities shall be at least 24 feet wide.
[3] 
On-site parking facilities shall be of a design and location that will not interfere with the safe and efficient flow of traffic in the area or with the access of emergency and service vehicles. All assigned spaces shall be located within 200 feet of the dwelling units they serve.
[4] 
No parking shall be permitted in any perimeter buffer area.
[5] 
Lighting for outdoor parking areas shall not exceed 15 feet in height and shall be reflected away from windows of the dwelling units in order to minimize the impact of such lighting on the residents in the dwelling units.
[6] 
Garage parking spaces shall not be required for buildings containing more than six attached dwelling units.
(4) 
Roads. Interior roads not dedicated to public use shall have a paved roadway width of at least 30 feet. Road improvements shall be made and maintenance shall be ongoing in accordance with the standards of the Township of Middletown.
(5) 
Open space. Not less than 40% of the gross tract area of the R-3 Zone shall be set aside as permanent common open space. Land within the parcel or lot which is not specifically covered by the buildings, roads, driveways, parking areas, or service areas, and not set aside as private yards, patios, or gardens for residents shall qualify as open space. Pools, tennis courts and accessory buildings associated with recreational elements of the development shall be permitted within open space areas. The size, dimension, character and location of open space shall be suitable to enable its enjoyment and use for conservation, aesthetic, recreation, or agricultural purposes by residents of the community. The following shall not be considered open space:
(a) 
Landscaped islands located within parking lots or along the edge of parking lots within two feet of a curb or wheel-stop.
(b) 
Areas of lawn, landscaping, or vegetation that have a minimum dimension in any direction of less than 20 feet.
(6) 
Dwelling unit size. No residential dwelling on a single floor shall contain less than 900 square feet. No residential dwelling unit of more than one story shall contain less than 1,200 square feet.
(7) 
Distance between buildings. No building shall be closer than 15 feet to any other building, unless provided otherwise herein.
(8) 
Affordable housing set-aside. There shall be one affordable housing unit provided for each eight units of market-rate housing, except that at the discretion of the approving authority, a contribution in lieu or a combination of units and contribution in lieu may be required.
F. 
Maximum regulations.
(1) 
Impervious surface coverage: 40% of the gross tract area.
(2) 
Number of dwelling units per building. A maximum of six market rate residential dwellings units shall be permitted in each building.
(3) 
Dwelling unit density: 3.5 dwelling units per acre.
(4) 
Building height, principal buildings: 2.5 stories, not to exceed 35 feet.
(5) 
Bedroom limitation. No dwelling unit shall contain more than three bedrooms.
(6) 
Unit configuration. The lot sizes and bulk requirements listed below provide for a variety of unit types. In an effort to provide a residential community of varied household types, the site could be developed with a combination of attached and detached single-family dwellings. Attached units can include townhouses, duplexes and flats. Units can include fee simple lots, zero-lot-line configurations and detached condominiums.
G. 
General regulations applicable to detached residential uses within the R-3 Zone.
(1) 
Lot size.
(a) 
Minimum lot size: 3,600 square feet.*
(b) 
Maximum lot size: 6,000 square feet.*
(2) 
Setbacks.
(a) 
Front yards.
[1] 
Minimum front yard setback: 15 feet.*
[2] 
Maximum front yard setback: 20 feet.*
[3] 
Vehicle garages must be set back at least 18 feet from the back of sidewalk.*
[4] 
Multiunit buildings shall be set back a minimum of 18 feet from any internal roadway or parking area.
(b) 
Rear yards.
[1] 
Minimum rear yard setback: 15 feet.*
[2] 
Maximum rear yard setback: 40 feet.*
(c) 
Side yards. Minimum setbacks:
[1] 
Where both facing walls contain windows of habitable rooms, 15 feet; 20 feet for multiunit buildings.
[2] 
Where only one of the two facing walls contains windows of habitable rooms, 12 feet; 15 feet for multiunit buildings.
[3] 
Where neither of two facing walls contains windows of habitable rooms, 10 feet; 12 feet for multiunit buildings.
[4] 
Buildings shall be considered facing if the walls form an angle of less than 45°.
NOTES:
*
Applicable to detached dwellings on fee simple lots.
H. 
Signage. The following signs are permitted within the R-3 Zone:
(1) 
Street signs in accordance with § 540-644.
(2) 
Community identification sign, one per entrance, either freestanding or wall-mounted.
(a) 
If a freestanding sign, its surface area shall not exceed 40 square feet for both sides, and its height shall not exceed six feet. Sign supports and decorative bases, which are excluded from the sign surface area, shall not exceed six feet in height or 18 inches in width.
(b) 
If a wall-mounted sign, its sign surface shall not exceed 40 square feet, with letters not to exceed two feet six inches in height.
(c) 
Lighting shall be indirect ground-located lighting.
(d) 
All signs shall be set back at least 10 feet from right-of-way and located outside any sight triangle.
(e) 
If a sign is located in center divide of entrance, it must be set back at least five feet from the center divide front of the curbline, notwithstanding any provision to the contrary.
(3) 
Real estate signs. Real estate signs, announcing the sale, rental or lease of the premises on which the sign is located, such sign not to exceed four square feet in area. If double-faced, the sign shall not exceed eight square feet in area for both sides. The sign shall be nonilluminated. Such sign shall not be closer to the line than 1/2 the distance between the building line and the lot line, as defined by this chapter. Such signs shall not be located closer to other such signs than one in every 200 feet, measured either along the front of a lot or along the depth of a lot.
I. 
Appropriate provisions shall be made for private garbage and trash collection and for the private maintenance of all interior roads and streets (including snow removal), recreational facilities, and all buildings and land areas owned in common by the residents of the R-3 Zone. In addition, provisions shall be made to permit the Township, at its option, to perform or cause to be performed such services in the event of the continued failure of performance of same by the private association or other entity charged with such responsibility, all at the cost and expense of the owners of the property within the R-3 Zone.
J. 
The overall design, road patterns, recreational facilities and site locations of buildings, as well as other aspects of any such R-3 Zone, including nonresidential elements, must be submitted to the approving authority, and they shall have the right to approve the general design to obtain aesthetic harmony. The buildings, sizes, shapes, site positions and architectural design may be considered along with the landscaping and natural features. The following criteria also may be taken into consideration:
(1) 
Visual consideration of the variation in exterior finishes of structures.
(2) 
A mix of architectural designs and elevations to ensure a harmonious blend and the avoidance of a row house effect and aesthetically unpleasing building arrangement or layout.
(3) 
Variation of side yards, front yards and rear yards to create identity and interest and enhance the overall design.
(4) 
Landscaping, preservation of existing vegetation, and the location of trees.
(5) 
Convenience of parking areas for the use of occupants and screening thereof with adequate landscaping or fencing.
(6) 
All streets within and adjacent to the R-3 Zone shall be provided with sidewalks. Internal streets shall have sidewalks on both sides.
K. 
Design standards.
(1) 
Lighting in accordance with § 540-623.
(2) 
Streetlighting in accordance with § 540-643.
(3) 
Street trees in accordance with § 540-645.
(4) 
Landscaping in accordance with § 540-622.
(5) 
Architectural and building design standards in accordance with § 540-604.
(6) 
Buffer areas.
(a) 
A fifty-foot buffer shall be required for R-3 Zone tracts fronting on arterial roads and on the perimeter of all properties in the R-3 Zone.
(b) 
Buffer areas shall be designed in accordance with § 540-606.
(c) 
Landscaped setback areas along roads shall be bermed wherever existing natural vegetation will not provide for adequate or aesthetically superior screening. Berming shall encompass at least 50% of the width of any such landscaped area. Berms can be waived by the Board where it determines that they are not feasible due to topographic or drainage considerations or would result in excessive disturbance.
L. 
Any standard or regulation not specified herein shall be in accordance with the most recent version of the Middletown Township Zoning Ordinance.
M. 
Land within the R-3 Zone can be subdivided for the purposes of establishing individual residential lots. However, the entire project must maintain comprehensive and coordinated architectural design compatibility throughout and control and maintenance of common facilities such as roads, drainage facilities and open space.
[Amended 2-21-2006 by Ord. No. 2005-2850]
A. 
Residential development. Except as otherwise provided below, in those circumstances where a developer develops land for residential purposes and receives no right to increased density or other compensatory bonus, the developer shall reserve 11.11% of said units for low- and moderate-income households, provided that the developer secures the right to construct at least eight units. In the event 11.11% of the total units should result in a fraction equaling 0.5% or greater, the affordable housing obligation shall be rounded to the next higher number. Affordable housing shall be as defined under the FHA and COAH's regulations.
B. 
Nonresidential development. Except as otherwise provided below, in those circumstances where a developer develops land for nonresidential purposes and receives no right to an increased FAR or other compensatory bonus, the developer shall provide one non-age-restricted affordable unit for every 25 jobs projected to be created by this section. The calculation of the number of jobs and employment opportunities shall be in accordance with Appendix E to N.J.A.C. 5:94-1, et seq. entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share."
C. 
For all residential development, the applicant shall satisfy its affordable housing production obligation(s) through on-site housing production in connection with the residential project, or one of the mechanisms permitted in COAH's rules. The other mechanisms permitted with COAH's rules, including: (a) the purchase of an existing market-rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; (b) the funding of a Regional Contribution Agreement (RCA); (c) participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs; and/or (d) contributing to the Housing Trust Fund at a rate of 1% of the residential development's equalized assessed value and shall only be considered with Middletown Township Committee's advance written permission for those instances when the Committee deems such a mechanism to be in the best interests of the Township. Evidence of the planned method of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic, essential and nonseverable condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
D. 
For all commercial development, the applicant may satisfy its affordable housing production obligation(s) through the mechanisms permitted in COAH's rules including, with Middletown Township Committee's advance written permission: (a) on-site housing production in connection with a residential component of the project; (b) the purchase of an existing market-rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; (c) the funding of a Regional Contribution Agreement (RCA); (d) participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs; and/or (e) contributing to the Housing Trust Fund at a rate of 2% of equalized assessed value for commercial development. Evidence of the planned method of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
E. 
Low- and moderate-income split and compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections A, B, C and D (above) shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low- and moderate-income individuals and households, except in the event of an odd number, in which event the unit shall be a low-income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for a COAH and Township-approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the court to verify COAH compliance of each affordable unit.
F. 
Design options. In order to create a more realistic opportunity for the creation of affordable housing units on-site, the Planning Board or Zoning Board of Adjustment may permit the relaxation or reduction of certain standards, including but not limited to the following:
(1) 
A reduction in the minimum lot size to 60% below the zoning requirement and a reduction of the corresponding bulk standards, except that in no case shall a lot be less than 5,000 square feet and on no lot shall the bulk standards be reduced to less than 60% of the chapter requirement.
(2) 
Allowing the development of a duplex or two-family unit on a single lot, as long as the lot meets the minimum for the zone and as long as the architectural design of the structure is consistent with the remainder of the development.
G. 
Exemption. Residential inclusionary projects constructed in the affordable housing districts identified in the Township's COAH approved first or second or third round Housing Element and Fair Share Plan shall be exempt from the requirements of this section. However, a nonresidential growth share responsibility in accordance with this section shall be attributable to all nonresidential uses constructed in mixed-use and/or nonresidential projects in the Township's existing affordable housing districts.
H. 
Right to greater set-aside if compensatory benefit. As to residential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one for eight standard set forth above in the event that the developer secures a density bonus or other compensatory benefit, acceptable to the developer and Township, through zoning or through a use variance. As to nonresidential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one affordable unit for every 25 job standard set forth above in the event that the developer secures an increased FAR or other compensatory benefit acceptable to the developer and Township, through zoning or through a use variance.
[1]
Editor's Note: See also Art. XI, Affordable Housing, of this chapter.
[Amended 7-20-2009 by Ord. No. 2009-2979]
(Block 281, Lots 14 and 15)
A. 
Minimum standards.
(1) 
Tract area: one acre.
(2) 
Building setbacks.
(a) 
From public right-of-way: 15 feet.
(b) 
From side yard line: 10 feet.
(3) 
Surface parking area setbacks.
(a) 
From roadway: 10 feet.
(b) 
From any lot line: 10 feet.
(c) 
From buildings: five feet.
(4) 
Driveway side setback: 20 feet.
(5) 
Distance between buildings: 20 feet.
(6) 
Open space.
(a) 
Active: 5% of tract area.
(b) 
Total: 10% of tract area.
(7) 
Affordable housing set-aside: 25%.
B. 
Maximum regulations.
(1) 
Building height: 48 feet.
(2) 
Building cover: 30%.
(3) 
Lot cover: 60%.
(4) 
Density: 24 dwelling units per acre.
C. 
Design standards. In addition to the specific architectural and building design standards set forth in § 540-604, the following design standards shall apply:
(1) 
Where practical, the lowest floor shall be elevated at least 18 inches above the established base flood elevation.
(2) 
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities (including ductwork) shall be elevated at least 18 inches above the established base flood elevation.
(3) 
All portions of buildings lower than 18 inches above the established base flood elevation must be constructed using flood-damage-resistant materials.
(4) 
All garages shall meet the minimum flood opening requirements for enclosures.
(5) 
Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every 30 feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two of the following features:
(a) 
Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet;
(b) 
Extensions (e.g., floor area, deck, patio, entrance) that have a minimum depth of two feet and minimum length of four feet; and/or
(c) 
Offsets or breaks in roof elevation of two feet or greater in height.
(6) 
To the greatest degree practical, neither rear building facades nor garages shall be oriented towards Main Street. Garage doors shall include fenestration.
(7) 
Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of 112 cubic feet of enclosed storage shall be required separate from each living unit. This is an area four feet by four feet by seven feet. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
(8) 
Trash receptacles shall not be located in any front yard setback, or within 10 feet of an adjacent property line.
D. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations adopted by the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules adopted by the New Jersey Council on Affordable Housing are changed. Should such a change occur, the term of the affordability deed restriction shall be consistent with any new rule(s).
[Amended 7-20-2009 by Ord. No. 2009-2979; 12-16-2013 by Ord. No. 2013-3099]
(Block 1063, Lot 10)
A. 
Minimum regulations.
(1) 
Gross lot area at time of initial application: 65 acres.
(2) 
Tract frontage minimum: 100 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 250 feet.
(b) 
From tract boundary: 30 feet.
(c) 
From any existing residence/residential zone: 75 feet.
(4) 
Parking or driveway/roadway setback.
(a) 
From arterial or collector roadway: 250 feet.
(b) 
From tract boundary or other right-of-way: 60 feet.
(5) 
Open space: 30%.
(6) 
Master bedroom on the first floor of the proposed dwelling unit: 30%.
B. 
Maximum regulations.
(1) 
Dwelling unit density: 3.5 dwelling units per acre.
(2) 
Building height: 40 feet.
(3) 
Maximum building coverage: 35%.
(4) 
Lot coverage: 40%.
(5) 
Number of stories: two.
C. 
Design standards. In addition to any applicable architectural and building design standards set forth in § 540-604, the following design standards shall apply:
(1) 
Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every 32 feet, and, to the greatest degree practicable, contain a minimum of one of the following features:
(a) 
Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet;
(b) 
Extensions (e.g., floor area, deck, patio, window bay, fireplace chase, entrance) that have a minimum depth of one foot and minimum length of four feet; and/or
(c) 
Offsets or breaks in roof elevation of one foot or greater in height.
(2) 
Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of 112 cubic feet of enclosed storage shall be required separate from each living unit. This is an area four feet by four feet by seven feet. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
(3) 
Trash receptacles shall not be located in any front yard setback or within 75 feet of an adjacent property line.
(4) 
Dwelling units shall have a two-car garage.
D. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until the state of land development activities, but in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
(2) 
No affordable housing set-aside and no affordable housing fee shall be applicable to any development constructed pursuant to this section.
(3) 
Definitions applicable to this section shall be those definitions found in § 540-203, except that building height shall be calculated by measurement from the average grade at the front of the building when a building is constructed on a slope in a walkout condition; and building setback calculations shall not apply to decks and patios, but decks and patios may be no closer than 60 feet from an existing residence or residential zone.
(4) 
The driveway/roadway setback from tract boundary or other right-of-way shall not be applicable to existing, secondary access roadways; any existing, secondary access roadways may be modified to satisfy Residential Site Improvement Standards.
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 600, Lots, 34, 35.01 and 35.02)
A. 
Minimum regulations.
(1) 
Gross lot area: 30 acres.
(2) 
Tract frontage minimum: 100 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 50 feet.
(b) 
From any other public right-of-way: 10 feet.
(c) 
From tract boundary: 50 feet.
(d) 
From any existing residence/residential zone: 75 feet.
(4) 
Parking or driveway setback.
(a) 
From arterial or collector roadway: 50 feet.
(b) 
From any existing residence/residential zone: 75 feet.
(c) 
From other right-of-way: 10 feet.
(5) 
Open space: 20%.
(6) 
Affordable housing set-aside: 20%.
B. 
Maximum regulations.
(1) 
Dwelling unit density: 12 dwelling units per acre.
(2) 
Building height: 40 feet.
(3) 
Maximum building coverage: 40%.
(4) 
Lot coverage: 45%.
C. 
Architectural and site design standards. In addition to the specific Architectural and Building Design Standards set forth in § 540-604, the following design standards shall apply:
(1) 
Neither rear building facades nor garages shall be oriented to directly face a public right-of-way.
(2) 
Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every 30 feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two of the following features:
(a) 
Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet;
(b) 
Extensions (e.g., floor area, deck, patio, entrance) that have a minimum depth of two feet and minimum length of four feet; and/or
(c) 
Offsets or breaks in roof elevation of two feet or greater in height.
(3) 
Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of 112 cubic feet of enclosed storage shall be required separate from each living unit. This is an area four feet by four feet by seven feet. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall quality as storage space.
(4) 
Trash receptacles shall not be located in any front yard setback, or within 75 feet of an adjacent property line.
D. 
Lighting. In addition to the specific lighting standards set forth in § 540-623, the following design standards shall apply:
(1) 
Freestanding lighting standards or poles and building-mounted lighting fixtures shall be focused and/or shielded to avoid glare on adjacent property or dwelling units.
E. 
Buffer areas and screening. In addition to the requirements set forth in § 540-606, the following standards shall apply:
(1) 
If a berm is proposed as part of the landscaped buffer screen, naturalized berms are preferred with plantings throughout the entire contour of the berm.
F. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed with the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations adopted by the New Jersey Council on Affordable Housing. Affordable housing units shall be deed-restricted to remain affordable for a period of 30 years, unless the rules adopted by the New Jersey Council on Affordable Housing are changed. Should such a change occur, the term of the affordability deed restriction shall be consistent with any new rule(s).
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 795, Lots 23 and 24)
A. 
Minimum regulations.
(1) 
Gross lot area: five acres.
(2) 
Tract frontage: 150 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway: 50 feet.
(b) 
From tract boundary: 40 feet.
(c) 
From any existing residence/residential zone: 75 feet.
(4) 
Parking or internal driveway/roadway setback.
(a) 
From arterial or collector roadway: 75 feet.
(b) 
From tract boundary or other right-of-way: 60 feet.
(5) 
Open space: 40%.
(6) 
Affordable housing set-aside: 25%.
B. 
Maximum regulations.
(1) 
Dwelling unit density: eight dwelling units per acre.
(2) 
Building height: 40 feet.
(3) 
Building stories: 3.5.
(4) 
Maximum building coverage: 35%.
(5) 
Lot coverage: 40%.
C. 
Architectural and site design standards. In addition to the specific Architectural and Building Design Standards set forth in § 540-604, the following design standards shall apply:
(1) 
Neither rear building facades nor garages shall be oriented towards a public right-of-way.
(2) 
Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every 30 feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two of the following features:
(a) 
Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet;
(b) 
Extensions (e.g., floor area, deck, patio, entrance) that have a minimum depth of two feet and minimum length of four feet; and/or
(c) 
Offsets or breaks in roof elevation of two feet or greater in height.
(3) 
Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of 112 cubic feet of enclosed storage shall be required separate from each living unit. This is an area four feet by four feet by seven feet. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
(4) 
Trash receptacles shall not be located in any front yard setback or within 75 feet of an adjacent property line.
D. 
Lighting. In addition to the specific lighting standards set forth in § 540-623, the following design standards shall apply:
(1) 
Freestanding lighting standards or poles and building-mounted lighting fixtures shall be focused and/or shielded to avoid glare on adjacent property or dwelling units.
E. 
Buffer areas and screening. In addition to the requirements set forth in § 540-606, the following standards shall apply:
(1) 
If a berm is proposed as part of the landscaped buffer screen, naturalized berms are preferred with plantings throughout the entire contour of the berm.
F. 
Other regulations.
(1) 
Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven days prior to the commencement of work. Trailers shall not remain on site more than seven days after the completion of all work. Temporary construction trailers shall not be placed with the right-of-way of any improved public road.
(2) 
All affordable units shall be constructed and maintained in a manner consistent with the rules and regulations adopted by the New Jersey Council on Affordable Housing. Affordable housing units shall be deed restricted to remain affordable for a period of 30 years, unless the rules adopted by the New Jersey Council on Affordable Housing are changed. Should such a change occur, the term of the affordability deed restriction shall be consistent with any new rule(s).
[Amended 11-16-2009 by Ord. No. 2009-2992]
(Block 795, Lot 19 and that portion of Lot 5.01 situated north of Lot 19 and south of Lot 20.01)
A. 
Minimum regulations.
(1) 
Gross lot area: five acres.
(2) 
Tract frontage: 200 feet.
(3) 
Minimum building setbacks.
(a) 
From arterial or collector roadway.
[1] 
Buildings with less than three stories: 35 feet.
[2] 
Buildings three stories or greater: 40 feet.
(b) 
From tract boundary: 40 feet.
(c) 
From any existing residence/residential zone: 75 feet.
(4) 
Parking or internal driveway/roadway setback.
(a) 
From arterial or collector roadway: 45 feet.
(b) 
From tract boundary: 35 feet.
(5) 
Open space: 50%.
(6) 
Affordable housing set-aside: 25%.
B. 
Maximum regulations.
(1) 
Dwelling unit density: eight dwelling units per acre.
(2) 
Building height: 40 feet.
(3) 
Building stories: 3.5.
(4) 
Maximum building coverage: 35%.
(5) 
Lot coverage: 40%.
C. 
Architectural and site design standards.
(1) 
Neither rear building facades nor garages shall be oriented to directly face a public right-of-way.
(2) 
Maximum setbacks for buildings facing an arterial or collector road.
(a) 
Less than three stories: 45 feet.
(b) 
Three stories or greater: 50 feet.
(3) 
Exterior building facades shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a building, such features shall occur at a minimum of every 30 feet, and on each floor shall, to the greatest degree practicable, contain a minimum of two of the following features:
(a) 
Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of three feet;
(b) 
Extensions (e.g., floor area, deck, patio, entrance) that have a minimum depth of two feet and minimum length of four feet; and/or
(c) 
Offsets or breaks in roof elevation of two feet or greater in height.
(4) 
Adequate, accessible and secure storage space shall be provided for each dwelling unit. A minimum of 112 cubic feet of enclosed storage shall be required separate from each living unit. This is an area four feet by four feet by seven feet. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space.
(5) 
Trash receptacles shall not be located in any front yard setback or within 75 feet of an adjacent property line.
D. 
Lighting. In addition to the specific lighting standards set forth in § 540-623, the following design standards shall apply:
(1) 
Freestanding lighting standards or poles and building-mounted lighting fixtures shall be focused and/or shielded to avoid glare on adjacent property or dwelling units.
E. 
Buffer areas and screening. The requirements set forth in § 540-606 shall apply, except for the following:
(1) 
The requirements for buffer areas may be reduced to 30 feet.
(2) 
If a berm is proposed as part of the landscaped buffer screen, naturalized berms are preferred with plantings throughout the entire contour of the berm.