The following regulations shall apply in the
R-R-2 Zone.
The following are permitted uses in the R-R-2
Zone:
A. All uses permitted in the R-R-1 Zone.
B. Planned residential retirement communities.
C. Planned residential communities.
[Added 8-23-1994 by Ord. No. 354-2B-94]
All accessory uses in the R-R-1 Zone are permitted
accessory uses.
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.
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.
Sign requirements shall be as per Article
XXXVI, §
245-312 et seq., of this chapter.
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.
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.:
A. Public utility installations.
B. Public and quasi-public philanthropic and charitable
uses.
C. Quasi-public buildings and recreation areas.
E. Single-family residential at 1.5 dwelling units per
buildable acre.
F. Single-family residential with open space.
G. Places of assembly, parish houses, convents and cemeteries.
[Amended 4-19-2011 by Ord. No. 13-11]
[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.
[Added 8-23-1994 by Ord. No. 354-2B-94]
A. Planned residential community (PRC) regulations.
(1) Requirements and permitted uses.
(a)
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:
[2]
Recreational and/or cultural facilities for
the sole use of residents of the community and their guests, including
at a minimum the following:
[a] 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.
[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.
(b)
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.
(c)
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.
(2) 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:
(a)
Minimum area. The minimum area of a planned
residential community shall be 100 acres.
(b)
Residential density. There shall be no more
than 1 3/4 dwelling units per gross acre.
(c)
Unit mix. At least 40% of all units shall be
single-family detached units.
(d)
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.
(e)
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.
(f)
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)
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 PRC.
(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:
[1]
The site plan for all recreational facilities shall be in accordance with the requirements of Part
4, Site Plan Review.
[2]
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.
(3) 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.
(4) Site development plan approval.
(a)
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.
(b)
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:
[1]
All streets within 200 feet of the proposed
site for PRC and the relationship of these streets with the streets
to be constructed.
[2]
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 the site development plan which has been submitted.
[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.
(c)
Required attachments.
[1]
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.
[f] Financial projection of the first
five years of maintenance costs and assessment.
[g] Certificate of incorporation of
homeowners' association.
[2]
Where single-family detached homes are constructed
on individual lots, the Planning Board has the right to waive these
requirements.
(d)
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.
(e)
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.
(5) It shall be mandatory that all documents required
referred to above shall contain the following provisions:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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 other municipal agency.
(6) Approval procedure.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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]
B. Accessory uses. Accessory uses shall be as follows:
(1) Accessory uses as defined in Part
1 of this chapter.
(2) Private garage space for the storage of motor vehicles.
(3) Essential services as defined in Part
1 of this chapter.
(4) Swimming pools, sheds and fences.
[Amended 10-14-1997 by Ord. No. 354-28-97]
C. 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.
D. Sign requirements. Sign requirements shall be as per Article
XXXVI, §
245-312 et seq., of this chapter.
E. 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.:
(1) Public utility installations.
(2) Public and quasi-public philanthropic and charitable
uses.
(3) Churches and similar places of worship.