4. Specifications for Individual Estate House.
Front landscaping: (optional) maximum 4 feet high; hedging, picket or rail fence or stone wall along front property line. This standard shall not be construed or enforced as a requirement.
Side yards: 40 feet minimum setback (each)
Front yard: 50 feet minimum setback
Rear yard: 50 feet minimum setback
Building and garage footprint:
Maximum area 15,000 square feet excluding barns and farm buildings
Maximum gross floor area ratio: 0.15
Maximum height (feet): 40 feet to ridge of roof
Maximum height (stories): 2.5 (Ord. No. 2005-32 § V; Ord. No. 2005-38 §§ I, II, IV; Ord. No. 2006-19, § V)
Whole house electric generators and similar externally located appliances normally associated with detached single-family dwelling units, such as air-conditioning units, heat pump units and the like (hereafter "appliances"), shall be permitted in conjunction with a detached single-family dwelling unit use provided:
a. The edge of the appliance nearest to the dwelling unit it is serving is within six (6) feet of the dwelling unit.
b. The edge of the appliance furthest from the dwelling unit it is serving is more than ten (10) feet from the closest property line.
c. The entire appliance is located behind the setback line of the dwelling unit. (Ord. No. 2014-04)
All fences and fence installations shall comply with the following regulations:
a. All fences and walls must be erected entirely within the property line.
b. No fence shall be erected within any public right-of-way, sight triangle or public easement.
c. When any fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected.
d. All fences and walls shall be maintained in a safe, sound and upright condition.
e. No fence or wall shall be erected which is embedded with or made of pieces of glass, sharpened metal, or sharp or otherwise hazardous material, nor shall any fence or wall be erected which is intended to injure persons or animals.
f. Fence height shall be measured from ground level at the fence post to the highest portion of the fence, except when erected upon a man-made berm or a nonretaining wall between single-family lots; the height shall be measured from the base of the man-made berm or nonretaining wall.
g. Tennis and Basketball Courts. Fences on residential lots for tennis and basketball courts may be erected to a height not to exceed ten (10) feet above ground level. Fences or residential lots for tennis and basketball courts shall be comprised of chain link material or material substantially similar to chain link so as not to create a solid or closed surface. Weaving of material between links, or otherwise creating a closed fence surface is prohibited. Fences shall not be located in the front yard of any residential lot.
h. Nonconforming Walls and Fences. Any fence or wall legally existing at the time of the adoption of this ordinance even though not conforming to the provisions of this section may be continued in existence upon the lot as a nonconforming fence or wall. Any such fence or wall may be restored or repaired in the event of partial destruction thereof. The interpretation of rights conferred upon nonconforming structures pursuant to N.J.S.A. 40:55D-68 shall apply to the rights conferred upon nonconforming fences and walls pursuant to this section. (1976 Code 78-44; Ord. No. 94-31; Ord. No. 95-20)
Fences and walls on residential lots may be erected, altered or reconstructed to a height not exceeding six (6) feet above ground level when located in other than the front yard and not exceeding four (4) feet in height when located in the front yard except for gate pillars. Gate pillars (including lights, ornaments and any part of the structure) in the front yard shall not exceed six (6) feet in height. On a corner lot, the front yard referred to above shall relate only to the street upon which the principal dwelling faces. Those portions of the fence located in the front yard shall not have more than sixty (60%) percent closed surface. (1976 Code 78-44; Ord. No. 94-31; Ord. No. 98-26 § II)
Fences and walls in commercial and/or industrial areas may be erected to a height not to exceed six (6) feet above ground level in any yard, except that open wire fences may be erected to a height not to exceed eight (8) feet above ground level for security purposes. (1976 Code 78-44; Ord. No. 94-31)
On lots eligible for the keeping of farm animals, open wire fences may be erected to a height not to exceed six (6) feet within any part of the premises. Any other type fence or wall may be erected to a height not to exceed four (4) feet when located within twenty-five (25) feet of any street line, and six (6) feet when located more than twenty-five (25) feet from a street line. (1976 Code 78-44; Ord. No. 94-31)
Barbed wire fences shall not be permitted except on farms and on an industrial lot to the extent not contravened by any State Statute or regulation. When used in an industrial area, barbed wire may only be used when needed for security purposes and must be mounted on top of a fence having a minimum height of six (6) feet above ground level. (1976 Code 78-44; Ord. No. 94-31)
Electrically charged fences may be used only on farms. All electrically charged fences shall be posted with signs designed to warn persons of their presence and nature. This provision shall not prohibit the use of "invisible fences" used to control domestic animals. (1976 Code 78-44; Ord. No. 94-31)
Any fence or wall legally existing at the time of the adoption of this chapter even though not conforming to the provisions of this chapter may be continued in existence upon the lot as a nonconforming fence or wall. Any such fence or wall may be restored or repaired in the event of partial destruction thereof. The interpretation of rights conferred upon nonconforming structures pursuant to N.J.S.A. 40:55D-68 shall apply to the rights conferred upon nonconforming fences and walls pursuant to this section. (1976 Code § 78-44; Ord. No. 3-82; Ord. No. 94-31)
Whenever a central water supply system serves a development, provision shall be made for fire hydrants along streets and for fire department standpipe connections on the walls of nonresidential structures. The location of fire hydrants and standpipe connections shall be approved by the designated representatives of the Holmdel Fire Department or fire hydrant examiner in accordance with the standards set forth in NFPA 1141 (National Fire Codes). The midpoint of all lots served by a central water supply shall be within five hundred (500) feet of a functioning fire hydrant with the fire flow capability required by NFPA 1141. (1976 Code § 78-45; Ord. No. 3-82; Ord. No. 97-16 § III)
Also see Sections 30-57, 30-58, 30-101 and 30-157.
a. Floodplains Shall Be Preserved and Not Built Upon. Where a property containing a floodplain is proposed for development or other improvements, no proposed development or structure except approved drainage structures shall be located within a one-hundred (100) year floodplain. The uses permitted in the one-hundred (100) year floodplain shall be limited to general farming, overflow parking or areas serving peak parking and loading demands, lawns, gardens, detention basins and ponds meeting other State regulations and open space/recreation uses not requiring structures. No septic systems shall be in the one-hundred (100) year floodplain. The one-hundred (100) year floodplain shall be at least as designated on the streams identified by the adopted Federal Emergency Management Agency Flood Insurance Study, flood insurance rate map, floodway and flood boundary map prepared by the National Flood Insurance Program, or such broader area on those streams as might result from on-site evaluation. On streams not identified by the National Flood Insurance Program, the one-hundred (100) year floodplain shall be as delineated by a developer's engineer and approved by the Township Engineer.
b. Purposes. The purposes of the floodplain regulations are as follows:
1. To prevent the encroachment of development into flood hazard areas in order to protect human life and health.
2. To implement the rules and regulations promulgated by the New Jersey Department of Environmental Protection.
3. To guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas to other locations outside flood hazard areas through cluster zoning and other planned developments.
4. To prevent pollution during low or high water periods by eliminating unsanitary or dangerous substances in flood hazard areas.
5. To minimize public expenditures for flood control projects, repairs to public facilities and utility services and rescue and relief efforts.
6. To minimize disruption in homes, businesses and places of employment.
7. To give better assurance that buyers are notified of the limits of properties in a flood hazard area and that those who occupy properties in these areas assume responsibility for their actions. (1976 Code § 78-46; Ord. No. 3-82; Ord. No. 24-82; Ord. No. 2006-06 § 5)
Where open space or common property is generated and the Township will not take title to such land, a Homeowners' Association shall be established in accordance with N.J.S.A. 40:55D-43. The creation of the organization shall be approved by the Township Attorney and shall incorporate the following provisions which shall be submitted and approved prior to final plat approval.
a. Membership by all owners of property or interests in the project shall be mandatory and shall be included as a permanent deed restriction on each lot or interest in the property. The deed restriction shall be filed in the same manner as the filing of deeds and/or final plats after a final subdivision approval, otherwise the final plat approval of the development creating the Homeowners' Association shall be void. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs and providing that the Township shall be a beneficiary to such covenant entitled to enforce this provision. The assessment levied by the organization upon each property owner may become a lien on each property owner's property.
b. The organization shall be responsible for liability insurance, with the municipality carried as a named insured, taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(s) wherein the land is located.
c. The organization shall be allowed to adjust the assessment to meet changing needs.
d. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties.
e. The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the thirty-five (35) days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one (1) year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township Committee, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township Committee shall determine such organization is not ready and able to maintain the open space and property in a reasonable condition, the Township Committee may, in its discretion, have the Township continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.
f. The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes. No such lien or tax, however, may be placed against an LIRPP property unless so allowed in the Administrative Code adopted by the Township which shall govern low and moderate income housing. (1976 Code § 78-47; Ord. No. 3-82; Ord. No. 85-12)
The objective is to provide safety and security on the site and minimize undesirable off-site effects. While mounting heights may vary, the intent is to minimize the heights of lights. All area lighting in places such as parking lots or for security shall provide translucent fixtures with shields around the light source. The light intensity at ground level shall be a maximum of one and zero-tenths (1.0) footcandle. For recreation purposes where more intense lighting may be permitted, additional shielding and planting may be required to limit off-site spillage. In all instances, no lighting source shall shine or reflect into windows or onto streets and driveways. No lighting shall be a beam or a rotating, pulsating or other intermittent frequency. (1976 Code § 78-48; Ord. No. 3-82)
The purposes of this section are to assure a variety of opportunities to provide the Township's fair share of lower income housing without undue densities and in a manner related to utility services, highway access, convenience to jobs, and other services. (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7)
a. Any developer of LIRPP property as set forth in this chapter shall have the responsibility to participate in the Township's effort to provide its fair share of lower income housing. However, each tract may have not more than two (2) lots subdivided off the original tract without the production of lower income housing provided the lower income housing obligation of those lots is added to the obligation of the remainder of the tract. The level and type of participation shall be as set forth below. Subdivision and site plan approval of properties required to participate in the production of lower income housing shall be denied unless the developer complies with the obligation to provide lower income housing pursuant to this section, and the approving authority may impose reasonable conditions to secure such undertaking.
b. No application providing for increased intensities of development shall be approved unless the resolution of the approving authority contains a condition that the requirements for low and/or moderate income housing units shall be binding upon the applicant and all heirs, successors and assigns. The intent of this provision is to prevent the bonus residential densities from inflating land costs that might be passed on to a third party, thereby jeopardizing the number of lower income units that might be built, when the intent of the bonuses is to subsidize the development of lower income housing.
c. Each unit constructed as a lower income unit shall be either sold or rented at prices, qualifying the units as available for lower income households. Each such unit shall be limited to occupancy by households that qualify by virtue of their having corresponding low and moderate incomes. Unless otherwise provided through the adoption of State legislation, half the lower income units shall be low income and the other half moderate income, each category having a reasonable crosssection of units in order to avoid all units being at the upper level of each income category.
d. Where the lower income units are constructed as part of a housing development containing both market-level and lower income units, building permits and certificates of occupancy for the low and moderate income units shall be phased-in as a development progresses so that the low and moderate income units are built and occupied proportionately with the market value units of the development.
e. Cash contributions in residential districts are addressed in subsection 30-70.5, and subsection 30-127.6a and Chapter XIV of the Code of the Township of Holmdel.
f. Cash contributions in nonresidential districts are addressed in Chapter XIV of the Code of the Township of Holmdel. (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 86-11; Ord. No. 87-74; Ord. No. 88-11; Ord. No. 97-1 §§ II, III)
a. Each development project containing lower income housing shall include in its development application, assurances that purchasers and renters of lower income housing shall qualify by income for the particular category of housing, whether low or moderate income, as the case may be, and that subsequent purchasers or renters shall also qualify by income, adjusted for the date of any such subsequent transaction. The subdivision and/or site plan of a LIRPP development shall not be approved by the approving authority unless it complies with the Township's requirements for lower income housing.
b. The period for control of the income category of purchaser or renter shall be thirty (30) years from the date of the certificate of occupancy of the first occupant of the housing unit after construction.
c. No lower income housing unit may, during the period for control specified in paragraph b. above, be occupied unless a certificate of occupancy is issued therefor. No certificate of occupancy shall be issued unless the approving authority has certified in its plan approval that the unit is covered by a deed or lease restriction, as the case may be, as required by paragraph e., and that the office of the Township Administrator has determined that the proposed occupant qualifies by gross household income with the lower income criteria fixed by this chapter.
d. The monthly cost of the lower income housing unit to the occupant shall not exceed twenty-eight (28%) percent of the household income for principal and interest, taxes, condominium fees and insurance, as to sales housing, nor thirty (30%) percent for rent and utilities in rental units.
e. Upon the initial sale or lease of any lower income unit the deed or lease shall contain a covenant, running to the developer and to the Township, that the unit shall not, for a period of thirty (30) years after the initial certificate of occupancy, be conveyed or leased or permitted to be occupied by any household not qualified by income, or at a price or rental in excess of that specified by this chapter, adjusted for the date of the transaction. Adjustment for the income of subsequent households shall be in accordance with the then most recent U.S. Department of Housing and Urban Development "Family Income Limits". (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 97-13 § III)
The total number of units of any kind allowed in the LIRPP project, will depend on the gross density as noted in subsection 30-70.5. The design of housing within that portion of the tract devoted to housing shall be as follows:
*Townhouse, atrium and patio units: minimums at 20' x 80' = 1,600 sf/unit
Duplex: minimums at 80' x 100' = 8,000 sf/duplex
Quadplex: minimums at 100' x 150' = 15,000 sf/quadplex
**See Section 30-58
NOTE 1: The minimum setback from any interior parking area shall be 15 feet.
NOTE 2: For townhouses, the side yard for attached units is zero feet.
NOTE 3: For townhouses, the lot coverage for each dwelling unit shall not exceed 50 percent. (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7)
On any LIRPP parcel, bonus densities shall be available to provide opportunities for lower income housing. The base density in a given zoning district shall have additional density added so as to bring the density in each district up to the maximum specified in Schedule I below.
NOTE 1: Where the Township contributes financial support to a project, either the percentage of lower income housing shall be increased, or the number of units per gross acre shall be reduced, or a combination of the two (2), the determination to be mutually acceptable to the approving authority and the developer dependent upon the specific project and the amount of nondeveloper financial participation.
NOTE 2: The fee shall be the amount specified in any agreements relating to same unless the Council on Affordable Housing concludes, after any relevant Office of Administrative Law proceeding, that the agreements that are the subject of these proceedings were the product of duress or are otherwise defective. The following chart identifies the parcels which are the subject of an agreement and the fee, expressed as a percentage of the sales price of market units, contemplated by the agreement:
Only the fees as to parcels c. and d. are in dispute.
(1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 90-30; Ord. No. 97-1 § IV)
