Township of Brick, NJ R-R-2 Rural Residential Adult Community Zone

No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained except for a planned residential retirement community as defined in Part 1 of this chapter, built in accordance with a site development plan and/or subdivision approved by the Planning Board. Specifically, such a planned residential retirement community shall include at least the following:

Dwellings.

Recreational, shopping and cultural facilities for the sole use of residents of the community and their guests, including at least one each of the following:

[Amended 12-11-1990 by Ord. No. 354-2G-90]

A clubhouse, which shall include a room which shall be used solely as a short-term first aid room and which shall contain a complete first aid kit as well as a bed or cot, which room shall remain open during all hours of operation of the clubhouse. There shall be no requirement that said room be staffed by any personnel.

Self-service laundry facilities, in the event that each of the residential units is not provided with a clothes washer and clothes dryer.

[3]

Swimming pool, shuffleboard courts, picnic grounds and necessary accessory buildings for maintenance and administration.

Provisions should be made for on-street and off-street parking. The applicant may propose additional facilities; however, such facilities shall be subject to the residential characteristics of the area, and no commercial advertising shall be permitted except for advertising related to the sale of units in the residential community by the developer of the same as well as advertising by the residents and residential organizations which are incidental to the operation and in keeping with the development of a residential retirement community.

Notwithstanding the foregoing, any planned residential retirement community may include, on property owned by the homeowners' association, an office to be occupied by an independent real estate broker or agent for the exclusive resale of houses within the development. Provision should be made for on-street and off-street parking in connection with said office which shall otherwise conform to appropriate ordinances and regulations of the Township of Brick.

Development standards. No building permit shall be issued for construction nor a zoning permit issued within the area except with approval of and in accordance with a site development plan and/or major subdivision approved by the Planning Board as prescribed in Part 4, Site Plan Review. Such site development plan shall meet at least the following minimum requirements:

Minimum area. The minimum area of a planned residential retirement community shall be 100 contiguous acres.

Residential density. There shall be no more than four dwelling units per net buildable acre. Buildable land shall not include natural tidal or nontidal bodies of water or any other property which is not able to be built upon under existing federal, state, county or local law, including tidal and freshwater wetlands.

Residential building coverage. Not more than 20% of the gross area as calculated under residential density as defined above shall be covered by residential buildings.

Green area. Not less than 60% of the gross area shall be devoted to green area, which is herewith defined to include areas not covered by residential buildings, community structures, the paved areas of streets and paved public parking areas but not submerged lands. However, lakes within a mean depth of four feet shall not be considered submerged lands up to 10% of the total area set aside for green areas.

Height of buildings. The maximum height of any building shall be 20 feet and shall be limited to one story, except that there shall be no limit on the height of water towers.

(6)

Minimum gross floor area. Each building shall not contain more than four dwelling units. The minimum gross floor area for a one-bedroom unit shall be 800 square feet. The minimum gross floor area for two-bedroom units shall be 960 square feet.

(7)

Setbacks. No building lot line or structures other than entrance gatehouses, walls, fences or carports shall be located within 50 feet of any exterior boundary line of the tract nor closer than 100 feet to any primary highway or main thoroughfare.

(8)

Distance between buildings. There shall be a minimum distance of 12 feet between all buildings.

(9)

Roads. Interior roads shall have a paved width of 30 feet and a right-of-way of 50 feet and shall be paved and maintained in good repair, with curbs, sidewalks and streetlights spaced at a minimum of three-hundred-foot intervals. All other roads shall have a minimum right-of-way of 50 feet, constructed according to ordinances pertaining to roads for subdivision. Culs-de-sac shall have a minimum radius of 50 feet, said radius to be determined from the curbline. All streets shall be dedicated to public use.

(10)

Off-street parking. Two spaces are required for each dwelling unit, plus one space per five dwellings for visitor parking. The recreation and clubhouse parking shall be part of the total visitor parking required.

(11)

The schedule below entitled "PRRC Zoning Schedule," accompanying Part 2 of this chapter, is part of Part 2 of this chapter, and the areas and dimensions presented therein are minimum areas and dimensions for planned residential retirement communities.

PRRC Zoning Schedule
		Single	Duplexes	Triplexes	Quads
Minimum lot area, in square feet per unit:
	Interior lot	5,000	4,000	4,000	4,000
	Corner lot	7,000	6,000	6,000	6,000
Minimum lot frontage, in feet per unit:
	Interior lot	50	30	30	30
	Corner lot	70	55	55	55
Minimum rear setback, in feet [Amended 6-26-1979 by Ord. No. 354-2B-79]		20	20	20	20
Minimum rear setback, in feet (with porch, patio, veranda or steps) [Added 9-23-1980 by Ord. No. 354-1B-80]		15	15	15	15
Minimum front setback, in feet		25	25	25	25
Minimum side yard, in feet		6	6	6	6
Minimum lot depth, in feet		100	100	100	100
Minimum distance between buildings, in feet		12	12	12	12
Maximum percentage of lot coverage per unit [Amended 6-26-1979 by Ord. No. 354-2B-79]		35	35	35	35
Maximum building height, in feet		20	20	20	20
Minimum floor area, in square feet per unit:
	1 bedroom	800	800	800	800
	2 bedrooms	960	960	960	960
Minimum number of off-street parking spaces required per unit		2	4	6	8
Minimum rear setback in feet for an elevated deck [Added 3-26-2002 by Ord. No. 354-2A-02]		10	10	10	10
Minimum rear setback in feet for a sunroom when the rear yard borders common open space area [Added 3-11-2003 by Ord. No. 354-2B-03]		10	10	10	10
Maximum percentage allowable impervious surface coverage [Added 9-28-2021 by Ord. No. 20-21]		70	70	70	70

(12)

Yards. All buildings consisting of one or more units shall have a minimum front yard of 25 feet and a rear yard of at least 20 feet and a minimum side yard of six feet on each side of said structure from the property or subdivision line. However, if a building is so constructed that a porch, a veranda or a patio or steps leading therefrom shall be located in the rear of said building, there shall be a minimum rear yard setback of at least 15 feet.

(13)

Utilities. A planned residential retirement community shall be serviced by a water supply and sewerage system in accordance with local and state regulations, and the applicant shall grant public easements to the municipality or the Brick Township Municipal Utility Authority (BTMUA), or both, for all public utilities which shall be regulated and controlled by the municipality in accordance with its applicable ordinances. Easements shall be a minimum of 20 feet wide. All utilities shall be installed underground.

(14)

No dwelling unit or other structure shall have ingress or egress provided for the same to or from a public street which is an existing road. All other ingress and egress for dwellings shall be subject to approval on the site plan.

(15)

No more than four units shall be constructed or permitted in any building or under any common roof.

(16)

All on-site, off-site and off-tract drainage shall be provided for in accordance with Township ordinances pertaining to subdivision of lands as well as applicable state statutes and regulations.

(17)

All roads constructed on the site shall provide continuity with the existing road system of the Township of Brick and shall be so constructed as to provide for the future flow of traffic in the area of the PRRC.

(18)

There shall in each PRRC be at least one clubhouse or community building, and there may be at least one area for commercial building and at least one area for commercial use. There shall be at least six square feet of clubhouse building space provided for each proposed dwelling unit and a minimum of four square feet and a maximum of 10 square feet of commercial space for each dwelling unit. The clubhouse and swimming pool and other recreational facilities shall be completed and in operation before the 25th dwelling unit has been completed and a certificate of occupancy issued thereupon or with six months of the first certificate of occupancy, whichever occurs sooner. The common elements shall be deeded to the homeowners' association. The common lands or open spaces shall not be conveyed to any other body, and such restriction shall be placed in the master deed. Such documents required by Part 2 of this chapter shall provide that any common lands or open lands, recreational facilities and properties intended to be deeded and conveyed to a homeowners' association must be deeded to a nonprofit corporation or an analogous body immediately upon its incorporation and organization and be free and clear of any encumbrances or liens at the time of passing of control to the homeowners' association.

(19)

There shall be provided in each PRRC a swimming pool of not less than 2,500 square feet, together with a patio complex consisting of recreational facilities and picnic benches and such other recreational facilities as may be required by the Planning Board. If more than 500 units are erected, the size of the pool shall be increased by five square feet per dwelling unit. All ground surrounding recreational and administrative facilities shall be attractively landscaped with appropriate walkways. Underground irrigation shall be installed for all such areas. Said complex and facilities may be separate and at different locations within the PRRC.

(20)

Where a PRRC is a fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.

(21)

Recreational vehicle storage space shall be required.

(22)

The applicant shall also comply with the following:

The site plan for all recreational facilities shall be in accordance with the requirements of Part 4, Site Plan Review.

Parking requirements for recreational buildings shall be at one space per every eight seats or potential seats.

(23)

In case of fee simple ownership, the requirements for site development plan and subdivision shall both be applicable.

Application procedure. In addition to the requirements contained above, all applications for approval of the PRRC shall be accompanied by a site development plan for the property sought to be approved, which shall be submitted to the Planning Board for its approval as consistent for the purposes and intent of this zone. No such application shall be approved until the site development plan has been approved by the Planning Board at a duly constituted public meeting by resolution. All conditions of approval shall be set forth in the resolution adopted by the Planning Board approving said PRRC, and, in the event that approval is denied, all reasons for denial shall be set forth in the resolution of denial.

Site development plan approval.

No building permit or certificate of occupancy or zoning permit shall be issued for the construction or use of any building in a PRRC except in accordance with the approved site development plan for the tract which said buildings are to be located.

Application for site development plan approval. Application for approval for the site development plan shall be made to the Planning Board. Such application shall show the plans for the development of the area, including all required elements as set forth in Part 4, Site Plan Review, of the Code of Brick Township. In addition, the following elements shall be shown:

All streets within 200 feet of the proposed site for PRRC and the relationship of these streets with the streets to be constructed.

Such other features as the applicant may consider to be of importance in the evaluation of the site development plan and such other features as the Planning Board might require for additional study of a site development plan which has been submitted.

The location, size, dimension and specific use of all buildings to be erected upon the site and design or plans for construction thereof.

Such application and site development plan shall have attached thereto the bylaws, restrictions, easements and schedules which will affect the land and the development thereof.

Evidence of ownership of the property.

Plans to be signed by the owner.

Such application, site development plan and subdivision map shall have attached thereto the following:

Covenants and restrictions for the community or any other plan or restriction upon the community property.

Proposed master deed or deeds.

Bylaws of the proposed homeowners' association.

Proposed agreement of sale.

Proposed form of deed.

Financial projection of the five years of maintenance costs and assessment.

(g)

Certificate of incorporation of homeowners' association.

Said documents shall be forwarded to the Planning Board and shall be subject to the review of the Planning Board as to their adequacy of ensuring that the community shall be constituted so as to be consistent with the purpose and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.

In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board with a copy of all submissions to be made to any state agency pursuant to the Retirement Community Full Disclosure Act (N.J.S.A. 45:22A-1 et seq.) at all stages of development and, in keeping with the state's right to regulate such community in matters not relating to local planning issues, which regulations of said state agency shall be controlling.

It shall be mandatory that all documents required referred to above shall contain the following provisions:

Such documents shall not allow the developer or the Board of Trustees of the nonprofit homeowners' association, while the developer controls the majority members of the Board of Trustees, the right to bring in within the scheme of the approved preliminary map or site plan, by purchase, gift or other acquisition, additional lands to the project. Nothing contained herein shall prevent a developer from proceeding with the finalization of the project in various sections; subject, however, to the condition that the entire area of the project shall be designated in the original filings of the applications on the preliminary maps or site plans. This subsection shall not apply to any application or preliminary approval dealing with lands that are contiguous to an existing PRRC. Such application must have been made to the Planning Board of the Township of Brick prior to the adoption of Part 2, Zoning, of this chapter. This exception applies only to those lands that are contiguous to an existing PRRC and not divided by any roadway.

While the developer controls the Board of Trustees, the association shall not be permitted to merge, consolidate or enter into any contract or agreement with any person, partnership, corporation or association whereby its property, rights or obligations may be transferred to any such person, partnership, corporation or association, nor shall the documents required herein permit property rights and obligations of another person, partnership, corporation or association to be assumed or be added to the property rights or obligations of the association. Nothing contained in this subsection, however, shall limit the association from conducting the necessary and ordinary business of such association, it being the purpose of this subsection to protect the rights of the residents from merger with or acquisition of additional properties without their consent.

The documents shall provide that detailed books of account must be maintained in accordance with generally accepted accounting principles, and, in those cases where the books are not kept on the site of the PRRC, said books shall be kept at the office of the developer or of the developer's accountant. Said office shall be no further than 45 miles from the site of the PRRC. Said books shall be available for inspection and audit by a committee of no more than three of the residents of the PRRC on a regularly monthly basis, in no event less than quarterly in each year. The documents shall give the committee of residents designated for said purpose the right to inspect all contracts and agreements relating to and governing the operation of such project in the same manner as set forth herein.

Any board which is established by said documents for the purpose of governing and maintaining the PRRC shall be composed of not fewer than five members nor more than 11 members. The developer of the project may constitute a majority of said Board until such time as the developer has sold 90% of the units in said project; provided, however, that an earlier date may be fixed by said documents. Immediately upon transfer of title to 90% of the dwelling units, a special election shall be held to elect trustees from the association to replace the trustees appointed by the developer. Immediately upon issuance of a certificate of occupancy for the final dwelling unit, another special election shall be held, at which election the remaining trustees appointed by the developer shall be replaced. During the time the developer controls the majority of the Board of Trustees, the minority members shall be resident homeowners who are nominated and elected solely by the residents of the project, the developer having no vote in the nomination or election of the minority trustees. However, the developer, upon the passing of the fixed time or happening, whichever occurs first, shall be assigned two seats on the Board of Trustees, to which the developer may appoint persons of his or its choice until the construction of all proposed units has been completed. All trustees, whether majority or minority, shall be nonsalaried. The majority trustees appointed by the developer may be employees or officers of the developer and/or nonhomeowners.

The term of the initial appointees to the Board of Trustees shall be staggered among terms of not less than one and more than three years. Thereafter, all appointed or elected terms shall be three years.

(6)

There shall be no amendment or change made to the declaration of covenants and restriction by laws, proposed master deed or deeds, which affect zoning, site plan consideration or any other item which is within the jurisdiction or right of review of the Brick Township Planning Board or any other municipal agency without approval, in writing, by said Board or municipal agency.

Approval procedure.

Consideration by Planning Board. The Planning Board shall consider the proposed site development plan from the point of view of the standards and purposes of the regulations governing PRRC so as to achieve a maximum of coordination between the proposed development and the surrounding uses, the conservation of woodlands and the protection of watercourses from erosion and silting and a maximum of safety, convenience and amenity for the residents of the community. To these ends, the Planning Board shall consider the relationship of land uses, interior streets and other features with respect to the topography of the area and existing features, such as streams and large trees; and adequacy and location of the green area provided; and such other matters as the Planning Board may find to have a material bearing upon the stated standards and objectives of the PRRC.

Report by Planning Board. If the Planning Board finds that a proposed site development plan meets the purposes of these regulations, it shall approve the plan by resolution. A copy of said resolution shall be sent to the applicant by normal mail to the address indicated on the application when submitted, promptly, but in no case later than 90 days from the filing of the application, unless the applicant has consented to the extension of this time limit. In case of disapproval, the reasons therefor shall be included in the resolution adopted by the Planning Board and served in the manner described above upon the applicant, together with a list of objections and proposed changes necessary for approval of the site development plan.

Effect of approval. Building permits shall be issued only in accordance with the approved site development plan or final subdivision. Any departure from the plan shall be cause for revocation of a building permit or denial of a use and occupancy permit. Any proposed changes or deviations from the site development plan or final subdivision shall require resubmission of the site development plan with its amendments for reconsideration and its approval or rejection by the Planning Board in accordance with Part 2 of this chapter.

Validity. A site development plan approved in accordance with these regulations shall remain valid for a period of two years following the classification of the property as a planned residential retirement community. If, at the end of that time, at least one building has not been completed and a certificate of occupancy issued therefor, then the plan shall be considered as having lapsed and shall be of no effect unless resubmitted as a new application to the Planning Board.

Record plat. A record plat showing the boundaries of the area zoned under the provisions of this section shall be recorded prior to the issuance of any building permit for construction thereon. The plat shall state thereon that the property has been classified as a PRRC and shall be duly signed and dated by the Chairman of the Planning Board and attested by the Secretary, with the date of action noted thereon.

(6)

Development. Development for all of the uses and facilities approved on the site development plan shall proceed at the same rate as the dwelling units. To assure compliance with this section, the applicant shall submit a schedule with his site development plan for the development of the public or quasi-public buildings and facilities on the PRRC site. This schedule, or a copy thereof, shall be delivered to the Division of Inspection, and said Division of Inspection Inspector shall review all of the building permits issued for said PRRC and examine the construction which is taking place from time to time. If he shall find that the applicant has deviated from the site plan or the schedule for construction of the public buildings or facilities, he shall report such fact to the Township Administrator, who shall take such action as deemed appropriate. Said failure to construct the public facilities shall be deemed a deviation from the site development plan, and no further building permits or certificates of occupancy shall be issued until the applicant has brought construction or development of the area of the public or quasi-public buildings or facilities into compliance with the site development plan and schedule thereto annexed. No performance bonding of these facilities will be permitted in lieu of construction. The applicant must provide for maintenance of all public or quasi-public buildings and property for a minimum of one year after all construction is completed in accordance with the site development plan approved. The words "buildings and property" shall include but not be limited to streets, driveways, parks, green area and all buildings indicated on the site plan to have title transferred to the property owners' association or other body, as the case may be.

§ 245-91 Accessory uses.

All accessory uses in the R-R-1 Zone are permitted accessory uses.

§ 245-92 Yard, area and building requirements.

Yard, area and building requirements shall be as specified for this zone in the schedule, § 245-10 of this chapter, unless modified in accordance with the standards set forth in Article XXXIII, § 245-299 et seq.

§ 245-93 Off-street parking, loading and vehicular access.

Off-street parking, loading and vehicular access requirements shall be as per Article XXXV, § 245-310 et seq., of this chapter as defined for the particular use.

§ 245-94 Sign requirements.

Sign requirements shall be as per Article XXXVI, § 245-312 et seq., of this chapter.

§ 245-95 Additional provisions.

Any structure used for the raising of livestock, fowl or fur-bearing animals shall not be located within 100 feet of a street or property line or within 300 feet of any neighboring residence existing at the time of the enactment of Parts 2, 3 and 4 of this chapter.

§ 245-96 Conditional uses.

Amended 12-31-1990 by Ord. No. 3M-2J-90; 6-11-2001 by Ord. No. 354-2II-01; 3-23-2004 by Ord. No. 354-2A-04; 11-28-2006 by Ord. No. 37-06]

The following uses may be permitted by the Planning Board subject to the conditions and procedures as specified for each use in Article XXXII, § 245-279 et seq.:

Public utility installations.

Public and quasi-public philanthropic and charitable uses.

Quasi-public buildings and recreation areas.

Golf courses.

Single-family residential at 1.5 dwelling units per buildable acre.

Single-family residential with open space.

Places of assembly, parish houses, convents and cemeteries.

[Amended 4-19-2011 by Ord. No. 13-11]

§ 245-97 Affordable Housing Trust Fund contribution.

[Added 5-25-1993 by Ord. No. 354-2D-93]

The provisions of this article are subject to the mandatory fee contribution to the Brick Township Affordable Housing Trust Fund established in Article VI.

§ 245-98 Planned residential communities.

[Added 8-23-1994 by Ord. No. 354-2B-94]

Planned residential community (PRC) regulations.

Requirements and permitted uses.

No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained except for a planned residential community as defined in Part 1 of this chapter, built in accordance with a site development plan and/or subdivision approved by the Planning Board. Specifically, such a planned residential community shall include at least the following:

Dwellings.

Recreational and/or cultural facilities for the sole use of residents of the community and their guests, including at a minimum the following:

[a]

[b]

Self-service laundry facilities, in the event that each of the residential units is not provided with hookups for a clothes washer and clothes dryer.

[c]

Volleyball, basketball or shuffleboard courts, picnic grounds, tot lots and necessary accessory buildings for maintenance and administration.

Provisions should be made for on-street and off-street parking. The applicant may propose additional facilities; however, such facilities shall be subject to the residential characteristics of the area, and no commercial advertising shall be permitted except for advertising related to the sale of units in the residential community by the developer of the same as well as advertising by the residents and residential organizations which are incidental to the operation in keeping with the development of a residential community.

Notwithstanding the foregoing, any planned residential community may include, on property owned by the homeowners' association, an office to be occupied by an independent real estate broker or agent for the exclusive resale of houses within the development. Provision should be made for on-street and off-street parking in connection with said office which shall otherwise conform to appropriate ordinances and regulations of the Township of Brick.

Minimum area. The minimum area of a planned residential community shall be 100 acres.

Residential density. There shall be no more than 1 3/4 dwelling units per gross acre.

Unit mix. At least 40% of all units shall be single-family detached units.

Residential building coverage. No more than 20% of the gross area as calculated under residential density as defined above shall be covered by residential buildings.

Open space. No less than 60% of the gross areas shall be devoted to open space, which is herewith defined to include areas not covered by residential buildings, community structures, the paved areas of streets, public parking areas and areas included in single-family residential building lots.

Height of building. The maximum height of any building shall be 35 feet and shall be limited to 2 1/2 stories, except that there shall be no limit on the height of water towers.

(g)

Maximum number of units per building. Each building shall contain no more than six dwelling units. Garages may be provided at one uniform setback. However, there should be a minimum two-foot break in the front elevation of three or more contiguous units so that no more than three units are constructed along the same plane.

(h)

Setbacks. Except for entrance gates, walls, fences, carports or project identification signs, no townhouse unit shall be located within 50 feet of any exterior boundary line of the tract. Where an exterior building line of the tract adjoins other mapped wetland areas, which cannot be developed, the Planning Board may waive this requirement upon submission and review of appropriate proofs by the applicant. Unless otherwise impossible, single-family detached units shall not front existing public roads. All single-family detached units shall have a minimum tract setback of 25 feet, provided that up to 10% of the total number of single-family units may have a tract setback of 10 feet.

(i)

Distance between buildings. There shall be a minimum distance of 15 feet between all buildings.

(j)

Roads. Interior roads shall have a paved width of 26 feet and a right-of-way of 50 feet and shall be paved and maintained in good repair, with curbs, sidewalks and streetlights spaced at a minimum of three-hundred-foot intervals or as required by the local public utility. All other roads shall have a minimum right-of-way of 50 feet, constructed according to ordinances pertaining to roads for subdivision. Culs-de-sac shall have a minimum paved radius of 50 feet, said radius to be determined from the curbline. Streets shall be public or private as required by the Board or set forth in the master deed.

(k)

Off-street parking. Two spaces are required for each dwelling unit, plus one space per five townhouse dwellings for visitor parking. Visitor parking spaces for townhouse units shall be dispersed throughout the townhouse development to appropriately service these units. Driveways shall be considered one space and, where provided, garages shall be considered one space.

(l)

The schedule below entitled "PRC Zone Schedule of Requirements," accompanying Part 2 of this chapter, is part of Part 2 of this chapter, and the areas and dimensions presented therein are minimum areas and dimensions for planned residential communities.

[Added 8-23-1994 by Ord. No. 354-2B-94; amended 10-14-1997 by Ord. No. 354-2B-97]

PRC Zone Schedule of Requirements
	Requirement
Minimum lot area	7,000 square feet
Minimum lot depth	90 feet
Minimum lot width	60 feet
Minimum lot width, corner lot	70 feet
Minimum front yard	25 feet
Minimum rear yard*	20 feet
Minimum distance between buildings	15 feet
Minimum side yard	6 feet
Minimum combined side yard	15 feet
Maximum lot coverage	35%
Maximum building height	2.5 stories
Accessory buildings, side yard	5 feet
Accessory buildings, rear yard	5 feet

NOTES:
*	Whenever decks or patios are provided in conjunction with single-family attached or detached units, the rear yard and tract boundary setback to the deck or patio shall be five feet.

(m)

Yards. All buildings consisting of one or more units shall have a minimum front yard of 25 feet and a rear yard of at least 20 feet and a minimum side yard of six feet on each side of said structure from the property or subdivision line. However, if a building is so constructed that a deck or a patio leading therefrom shall be located in the rear of said building, there shall be a minimum rear yard or tract boundary setback of least five feet.

(n)

Utilities. A planned residential community shall be serviced by a water supply and sewerage system in accordance with local and state regulations, and the applicant shall grant public easements to the municipality or the Brick Township Municipal Utility Authority (BTMUA), or both, for all public utilities which shall be regulated and controlled by the municipality in accordance with its applicable ordinances. Easements shall be a minimum of 20 feet wide. All utilities shall be installed underground.

(o)

Unless otherwise impossible, no dwelling unit or other structure shall have ingress or egress provided for the same to or from a public street which is an existing road. All other ingress and egress for dwellings shall be subject to approval on the site plan.

(p)

A minimum of 3/4 of an acre shall be set aside for recreation space consisting of volleyball, basketball, shuffleboard courts, tot lots, etc. This 3/4 acre need not be contiguous, and the developed recreation may be dispersed throughout the site.

(q)

All on-site, off-site and off-tract drainage shall be provided for in accordance with Township ordinances pertaining to subdivision of lands as well as applicable state statutes and regulations.

(r)

(s)

There shall be in each PRC at least one clubhouse or community building. There shall be at least 30 square feet of clubhouse building space provided for each proposed townhouse unit. The clubhouse and other recreational facilities shall be completed and in operation before the 25th dwelling unit has been completed and certificate of occupancy issued thereupon or within six months of the first certificate of occupancy, whichever occurs sooner. The common elements shall be deeded to the homeowners' association. The common lands or open spaces shall not be conveyed to any other body, and such restriction shall be placed in the master deed. Such documents required by Part 2 of this chapter shall provide that any common lands or open lands, recreational facilities and properties intended to be deeded and conveyed to a homeowners' association must be deeded to a nonprofit corporation or an analogous body immediately upon its incorporation and organization and be free and clear of any encumbrances or liens at the time of passing of control to the homeowners' association.

(t)

There shall be provided in each PRC a swimming pool of not less than 2,500 square feet, together with a patio complex consisting of recreational facilities. All ground surrounding recreational and administrative facilities shall be attractively landscaped with appropriate walkways. Underground irrigation shall be installed in such areas. Said complex and facilities may be separate and at different locations within the PRC.

(u)

Where a PRC is a fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and open space shall be dedicated to a homeowners' association or analogous body.

(v)

The applicant shall also comply with the following:

The site plan for all recreational facilities shall be in accordance with the requirements of Part 4, Site Plan Review.

Parking requirements for recreational buildings shall be one space per each eight seats.

(w)

In case of fee simple ownership, the requirements for site development plan and subdivision shall both be applicable.

Application procedure. In addition to the requirements contained above, all applications for approval of the PRC shall be accompanied by a site development plan for the property sought to be approved, which shall be submitted to the Planning Board for its approval as consistent for the purposes and intent of this zone. No such application shall be approved until the site development plan has been approved by the Planning Board at a duly constituted public meeting by resolution. All conditions of approval shall be set forth in the resolution adopted by the Planning Board approving said PRC, and, in the event that approval is hereby denied, all reasons for denial shall be set forth in the resolution of denial.

Site development plan approval.

No building permit or certificate of occupancy or zoning permit shall be issued for the construction or use of any building in a PRC except in accordance with the approved site development plan for the tract in which said buildings are to be located.

All streets within 200 feet of the proposed site for PRC and the relationship of these streets with the streets to be constructed.

[3]

The location, size, dimension and specific use of all buildings to be erected upon the site and design or plans for construction thereof.

[4]

Such application and site development plan shall have attached thereto the bylaws, restrictions, easements and schedules which will affect the land and the development thereof.

[5]

Evidence of ownership of the property.

[6]

Plans to be signed by the owner.

Required attachments.

Such application, site development plan and subdivision map shall have attached thereto the following:

[a]

Covenants and restrictions for the community or any other plan or restriction upon the community property.

[b]

Proposed master deed or deeds.

[c]

Bylaws of the proposed homeowners' association.

[d]

Proposed agreement of sale.

[e]

Proposed form of deed.

[f]

Financial projection of the first five years of maintenance costs and assessment.

[g]

Certificate of incorporation of homeowners' association.

Where single-family detached homes are constructed on individual lots, the Planning Board has the right to waive these requirements.

In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board with a copy of all submissions to be made to any state agency, in keeping with the state's right to regulate such Township in matters not relating to local planning issues, which regulations of said state agency shall be controlling.

It shall be mandatory that all documents required referred to above shall contain the following provisions:

Such documents shall not allow the developer or the Board of Trustees of the nonprofit homeowners' association, while the developer controls the majority members of the Board of Trustees, the right to bring in within the scheme of the approved preliminary map or site plan, by purchase, gift or other acquisition, additional lands to the project. Nothing contained herein shall prevent a developer from proceeding with the finalization of the project in various sections; subject, however, to the condition that the entire area of the project shall be designated in the original filings of the applications on the preliminary maps or site plans. This subsection shall not apply to any application or preliminary approval dealing with lands that are contiguous to an existing PRC. Such applications must have been made to the Planning Board of the Township of Brick prior to the adoption of Part 2, Zoning, of this chapter. This exception applies only to these lands that are contiguous to an existing PRC and not divided by any roadway.

The documents shall provide that detailed books of account must be maintained in accordance with generally accepted accounting principles, and, in those cases where the books are not kept on the site of the PRC, said books shall be kept in the office of the developer or of the developer's accountant. Said office shall be no farther than 45 miles from the site of the PRC. Said books shall be available for inspection and audit by a committee of no more than three of the residents of the PRC on a regular monthly basis, in no event less than quarterly each year. The documents shall give the committee of residents designated for said purpose the right to inspect all contracts and agreements relating to and governing the operation of such project in the same manner as set forth herein.

Any Board which is established by said documents for the purpose of governing and maintaining the PRC shall be composed of not fewer than five members nor more than 11 members. The developer of the project may constitute a majority of said Board until such time as the developer has sold 90% of the units in said project; provided, however, that an earlier date may be fixed by said documents. Immediately upon transfer of title to 90% of the dwelling units, a special election shall be held to elect trustees from the association to replace the trustees appointed by the developer. Immediately upon issuance of a certificate of occupancy for the final dwelling unit, another special election shall be held, at which election the remaining trustees appointed by the developer shall be replaced. During the time the developer controls the majority of the Board of Trustees, the minority members shall be resident homeowners who are nominated and elected solely by the residents of the project, the developer having no vote in the nomination or election of the minority trustees. However, the developer, upon the passing of the fixed time or happening, whichever occurs first, shall be assigned two seats on the Board of Trustees, to which the developer may appoint persons of his or its choice until the construction of all proposed units has been completed. All trustees, whether majority or minority, shall be nonsalaried. The majority trustees appointed by the developer may be employees or officers of the developer and/or nonhomeowners.

Approval procedure.

Consideration by Planning Board. The Planning Board shall consider the proposed site development plan from the point of view of the standards and purposes of the regulations governing PRC so as to achieve a maximum of coordination between the proposed development and the surrounding uses, the conservation of woodlands and the protection of watercourses from erosion and silting and a maximum of safety, convenience and amenity for the residents of the community. To these ends, the Planning Board shall consider the relationship of land uses, interior streets and other features with respect to the topography of the area and existing features, such as streams and large trees; and adequacy and location of the open space and recreation facilities provided; and such other matters as the Planning Board may find to have a material bearing upon the stated standards and objectives of the PRC.

Validity. A site development plan approved in accordance with these regulations shall remain valid for a period of two years following the classification of the property as a planned residential community. If, at the end of that time, at least one building has not been completed and a certificate of occupancy issued therefor, then the plan shall be considered as having lapsed and shall be of no effect unless resubmitted as a new application to the Planning Board.

Record plat. A record plat showing the boundaries of the area zoned under the provisions of this section shall be recorded prior to the issuance of any building permit for construction thereon. The plat shall state thereon that the property has been classified as a PRC and shall be duly signed and dated by the Chairman of the Planning Board and attested by the Secretary, with the date of action noted thereon.

Development. Development for all of the uses and facilities approved on the site development plan shall proceed at the same rate as the dwelling units. To assure compliance with this section, the applicant shall submit a schedule with his site development plan for the development of public or quasi-public buildings and facilities on the PRC site. This schedule, or a copy thereof, shall be delivered to the Division of Inspection, and said Division of Inspection Inspector shall review all of the building permits issued for said PRC and examine the construction which is taking place from time to time. If he shall find that the applicant has deviated from the site plan or the schedule for construction of the public buildings or facilities, he shall report such fact to the Township Administrator, who shall take such action as deemed appropriate. Said failure to construct the public facilities shall be deemed a deviation from the site development plan, and no further building permits or certificates of occupancy shall be issued until the applicant has brought construction or development of the area of the public or quasi-public buildings or facilities into compliance with the site development plan and schedule thereto annexed. No performance bonding of these facilities will be permitted in lieu of construction. The applicant must provide for maintenance of all public or quasi-public buildings and property for a minimum of one year after all construction is completed in accordance with the site development plan approved. The words "buildings and property" shall include but not be limited to streets, driveways, parks, recreational facilities, open space and all buildings indicated on the site plan to have title transferred to the property owners' association or other body, as the case may be.

(7)

Accessory uses permitted without site plan approval. The requirements of this Chapter for obtaining site plan approval prior to the issuance of a building permit or zoning permit shall not apply to accessory uses.

[Added 10-14-1997 by Ord. No. 354-2B-97]

Accessory uses. Accessory uses shall be as follows:

Accessory uses as defined in Part 1 of this chapter.

Private garage space for the storage of motor vehicles.

Essential services as defined in Part 1 of this chapter.

Swimming pools, sheds and fences.

[Amended 10-14-1997 by Ord. No. 354-28-97]

Yard, area and building requirements. Yard, area and building requirements for attached townhouse units and single-family detached units shall be as specified herein and as set forth in the PRC Zone Schedule of Requirements in Subsection A(2)(l) of this § 245-98.

Sign requirements. Sign requirements shall be as per Article XXXVI, § 245-312 et seq., of this chapter.

Conditional uses. The following uses may be permitted by the Planning Board subject to the conditions and procedures as specified for each use in Article XXXII, § 245-279 et seq.:

Public utility installations.

Public and quasi-public philanthropic and charitable uses.