(The density of units on that portion of the tract devoted to the housing type noted for purposes of LIRPP; but subject to the maximum gross density limitation for the entire tract as set forth in subsection 30-70.5, above.)

Detached single-family: 5.0/acre

Mobile homes: 8.0/acre

Townhouses: 12.0/acre

Duplexes: 12.0/acre

Quadplexes: 14.0/acre

Garden apartments: 16.0/acre (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7)

(See subsection 30-70.3 above.) (1976 Code § 78-4.1; Ord. No. 3-82; Ord. No. 84-7)

The approving authority, when acting upon an application which includes provisions for lower income housing in accordance with Section 30-70 may waive those portions of the following standards provided the developer proves to the satisfaction of the approving authority that any waivers, if granted, shall not create health and safety concerns for either the Township or the future residents of a development, and provided further the developer shall satisfy the approving authority that any such waiver(s) shall reduce construction costs, and that the savings therefrom shall be passed on to buyers and renters of the lower income housing in the form of reduced housing costs, otherwise the standard provisions of this chapter shall apply:

a. Curbs and gutters may be waived except in locations where drainage control and/or erosion control are necessary. When curbs and/or gutters are required, they shall conform to Section 30-56, paragraphs a. and b.

b. Piped storm water systems may be waived with swales substituted except in situations where swales are likely to increase erosion control problems. If used, swales shall comply with Sections 30-57 and 30-157 of this chapter.

c. Street lighting and other lighting standards may be waived provided the resulting lighting plan shall be adequate to meet overall public safety considerations with respect to intersections, public parking areas, walkways, and the intensity of development within the project. Where installed, lighting shall meet the requirements and/or objectives of Section 30-70.

d. Off-street parking designs may have waivers to reduce landscaping requirements. Curbing around all parking lots may be waived except that curbing will be required where drainage control is needed and where erosion potential cannot adequately be addressed by alternate methods. Overall, a minimum of two (2) spaces per unit shall be provided, but of these, a limited number of eight feet by sixteen (8' x 16') feet spaces for "compact cars" may be provided based on site plan review and the requirements of Section 30-80e.

e. Shade tree planting and landscaping may be reduced, but not eliminated.

f. Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances it may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas, and the general type of improvement intended. If required, sidewalks shall meet the requirements of Section 30-94.

g. Street paving widths may be reduced consistent with curbing/no curbing requirements and curb-side parking provisions as set forth in Section 30-103. (1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 2006-06 § 6)

a. Insofar as is practical, lots shall be rectangular, lot lines shall be straight and side lot lines shall be either at right angles or radial to street lines.

b. Each lot must front upon an approved street, improved to Township standards as designated in the Holmdel Development Design Manual.

c. Through lots or corner lots with frontage on two (2) streets are permitted, provided that access shall be to the street with the lower traffic functions. (See Sections 30-103b. and 30-107)

d. Extra width for street widenings in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size in anticipation of future right-of-way.

e. Where there is a question as to the suitability of a lot(s) due to flood conditions, high water table, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.

f. Where two (2) or more contiguous lots exist under the same ownership and one (1) or more of the lots do not conform with the area and/or dimension requirements of this chapter, the contiguous lots shall be considered merged into the greatest number of conforming lots.

g. Any nonconforming lot legally existing on October 31,1986, and not meeting the definition of the previous paragraph may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding paragraph. The side and rear yards may be reduced to the same percentage the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than half that required by this chapter or five (5) feet, whichever is greater.

h. Whenever land has been dedicated to the Township in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements. (1976 Code § 78-49; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2011-16)

The purpose of creating mobile home park regulations is to designate standards in the growth area where a mobile home park can be located to provide the opportunity for low and moderate income housing. The intent is that mobile home parks be permitted for residential occupancy only in the designated districts, except that mobile homes for farm workers are permitted as specified in the appropriate zoning districts. (1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7)

Prior to the occupancy of any mobile home unit, the mobile home park shall first have received a Township license. Such license shall be limited to parks located within zoning districts in which they are allowed. The license shall expire December 31 of each year and shall be renewed for additional periods of one (1) year, expanded to include additional units, if necessary. The plans included as part of the application for a license shall comply with the following design standards as well as applicable codes and statutes of the State of New Jersey. To the extent any State Code or statute conflicts with these provisions, the Code or statute shall prevail. (1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7)

In the development and occupancy of any mobile home park, unless otherwise provided through the adoption of State legislation, at least one-half (1/2) the units shall be available within the price ranges qualifying for lower income households. At least twenty (20%) percent of all units shall qualify for low income with not less than thirty (30%) percent qualifying for moderate income. Other provisions of Section 30-56 shall also be complied with. (1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7)

a. Mobile home parks shall be permitted provided the required portion of the units herein shall be occupied by qualified lower income households as outlined in subsection 30-76.3 above. Mobile home parks shall be a permitted use by right only in the R-MH District.

b. Permitted accessory uses in a mobile home park include off-street parking, open space and recreation areas, recreation center, and a maintenance and repair facility limited to services necessary for the mobile home units and common facilities within the mobile home park.

c. The minimum tract size for a mobile home park shall be ten (10) acres unless the mobile homes are part of a larger project and mixed housing types in which case the minimum tract size for the entire housing development shall be twenty (20) acres. The maximum tract size devoted to mobile homes shall be thirty (30) acres. The minimum tract width and depth shall be three hundred (300) feet.

d. The minimum number of dwelling units in a mobile home park shall be seventy (70) and the maximum shall be two hundred ten (210), but in any event the maximum density of seven (7.0) units per acre shall not be exceeded.

e. Mobile home "berths" as used herein need not be subdivided lots, but are an area specifically designated on a site plan for the location of one (1) mobile home and for determining compliance with the terms of this chapter. Each mobile home berth shall be designed to have access from a street within the mobile home park.

f. No more than two (2) access roads to a mobile home park shall be constructed from any one (1) street and the mobile home park shall have at least two (2) means of access.

g. Each mobile home park shall have a landscaped buffer area at least twenty-five (25) feet wide around the perimeter of the tract meeting the objectives of Section 30-54.

h. Each mobile home berth shall be a minimum of forty (40) feet wide by one hundred (100) feet long.

1. The minimum yards and setbacks for each mobile home berth shall be as follows:

1. Twenty-five (25) foot front yard setback from any street right-of-way.

2. Fifteen (15) foot side yard setback from any street right-of-way.

3. Fifteen (15) feet between units from the sides.

4. Fifteen (15) feet between units from the rear.

5. Fifty (50) feet between a mobile home unit and any other permanent structure in the mobile home park.

j. The entrance road(s) into the mobile home park shall be designed with reverse frontage (no individual driveway access from any mobile home berth), up to at least the second street intersection within the mobile home park.

k. The edge of all roadways shall have rolled concrete curbs so as to control drainage and the edge of pavement while also allowing the units to be maneuvered across the curbing.

l. Each mobile home berth shall have at least one (1) off-street parking space, but not more than two (2). In addition, the mobile home park shall provide several small parking lots, each with at least six (6) off-street parking spaces and designed to serve clusters of mobile home units for guest parking and other resident needs. The rear of these spaces may open directly onto a street. The total number of spaces in the parking lots shall be at least one-quarter (0.25) off-street space per mobile home berth in order to assure some common parking areas. The total, combined number of parking spaces (parking lots plus on-lot spaces) shall be at least two (2.0) spaces per mobile home berth.

m. The minimum paving widths of the interior roads shall be as follows. Interior roads shall meet local street specifications. No parking shall be allowed on the street.

1. One-way traffic-twenty (20) feet.

2. Two-way traffic-twenty-four (24) feet.

n. The mobile home park shall be provided with a comprehensive pedestrian/bikeway system. These paths may be limited to one (1) side of the road or in locations away from the street system such as through open spaces areas. Where these paths are located along the interior roads, the road width shall be widened to provide the needed space so that the pathway shall not be counted as part of the minimum area for each mobile home berth. The pathway system shall be reasonably distributed throughout the mobile home park and be designed to serve predictable travel patterns such as access to the off-street parking spaces, park and recreation areas, activity center, school bus stops, and similar facilities. Path construction details of Section 30-94 shall apply.

0. The minimum size of any active recreation area shall be one-half (0.5) acre having a shape with four (4) sides, a minimum width in any direction of one hundred (100) feet and street frontage of at least one hundred fifty (150) feet.

p. Mobile home parks shall be connected to water and sewage systems approved by the New Jersey Department of Environmental Protection, where required, and by local health authorities.

q. All utilities shall be underground.

r. In addition to the landscaping around the perimeter buffer, all interior streets shall be landscaped on both sides with shade trees spaced no less than one (1) tree between every third (3rd) mobile home berth planted at least fifteen (15) feet from the curb. (1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 97-13 §§ III, IV)

Monuments shall be the size and shape required by N.J.S.A. 46:239.12 (the Map Filing Law, as amended), shall be placed in accordance with the statute and shall be indicated on the final plat.

In addition to the monuments required by the Map Filing Law, monuments must also be installed along easement boundaries as required in subsections 30-43.3w., 30-43.4g., 30-44.3b.6. and Section 30-58f. Monuments shall also be installed where specified in Sections 30-82 and 30-83. (1976 Code § 78-50; Ord. No. 3-82; Ord. No. 91-5; Ord. No. 2005-32 § VI)

The lawful use of land or structure existing on October 31, 1986, may be continued, although it may not conform to this chapter.

a. Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, if a nonconforming use involving a structure is discontinued for twelve (12) consecutive months, or if a nonconforming use of land without structure(s) ceases for a period of six (6) months. The subsequent use of the abandoned structure and/or land shall be in conformity with this chapter.

b. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

c. Building Additions. Any existing structure located on a conforming or nonconforming lot, which structure violates any yard requirements, may have either additions to the principal building or have an accessory building erected without an appeal for a variance, provided that the existing use is a permitted use. Whether an addition or an accessory building is proposed, the total permitted building coverage shall not be exceeded, and neither addition by itself shall violate a setback requirement or any other requirement of this chapter.

d. Subdivision of Lots. An existing lot whose area and dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one (1) or more setback violations, may nevertheless be subdivided without an appeal for a variance, provided that the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violation, such as moving the lot line even closer to the existing building.

e. Restoration and Repairs.

1. Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in his opinion, the value of repairing the condition is greater than fifty (50%) percent of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance.

2. Where the value of repairing the condition is determined to be less than fifty (50%) percent of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within twelve (12) consecutive months of the date the building was damaged or condemned, with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.

3. The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.

f. Creation by Governmental Action. Whenever in a residential zoning district a nonconformity is created by or exists solely by reason of the exercise of a governmental right of eminent domain, no bulk variance(s), i.e. lot area, side yard setback, front yard setback, etc., shall be required to use the property as though it were conforming in that respect, providing that the remaining lot contains at least sixty (60%) percent of the bulk standard. The "exercise of governmental right of eminent domain," for purposes of this section, shall be evidenced by the filing of an eminent domain complaint by a governmental entity in a court of competent jurisdiction, which complaint shall set forth the taking of property which results in the nonconformity from which relief is sought or by a deed of conveyance to a governmental entity for a public purpose given by the property owner in a voluntary conveyance in lieu of condemnation. (1976 Code § 78-51; Ord. No. 3-82; Ord. No. 99-31 § I; Ord. No. 2011-16)

Before final approval the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements. (See definitions in Section 30-3c.)

a. Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.

1. Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.

2. Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the approving authority may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the approving authority, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with paragraph b. below.

3. Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities.

4. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Township or its contractors at the cost of the developer.

5. Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.

b. Advisable Off-Site and Off-Tract Improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements could be required to be made as a local improvement by the Township, with the cost thereof to be assessed against all properties specifically benefited thereby, including the property of the developer, the following provisions shall apply:

1. During the processing of the application the approving authority shall refer it recommendations for off-site and off-tract improvements to the governing body.

2. If the governing body concurs, the Municipal Engineer or other authority retained by the Township shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then-existing needs in the area, notwithstanding any work of the applicant.

3. The Municipal Engineer or other authority shall estimate the costs of such work, including costs to be assigned to the developer and those to be assessed to others, including a possible local improvement ordinance, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.

4. Reserved.

5. The Planning Board shall then proceed in the following manner:

(a) Based on the information received from the Municipal Engineer the Planning Board shall determine the anticipated amount that the lands of the applicant would be expected to be assessed.

(1) The amount determined by the Planning Board shall then be deposited by the applicant with the Township Treasurer prior to final approval.

(2) Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of the deposit, which shall include the following stipulations: that the funds shall be used by the Township solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the Township, with other funds of the Township, and may be commingled with other appropriated funds and expended by the Township in connection with such purposes; that, if such deposit is not used by the Township within a specified time agreed upon by the applicant, the funds shall be distributed in accordance with the terms of the agreement; that, upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon applicant's property, whether or not applicant is then the owner thereof; and that, if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of the property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.

(3) Where the off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval. However, final approval may be granted if the funds are deposited under protest pursuant to N.J.S.A. 40:55D-42. (1976 Code § 78-52; Ord. No. 3-82; Ord. No. 13-84; Ord. No. 85-12)

a. Access To and From Lots. Drives shall be limited to two (2) to any street, except that, when the frontage exceeds five hundred (500) feet, the number of drives may be based on one (1) drive for each two hundred fifty (250) feet of property frontage. The center lines of access points shall be spaced at least sixty-five (65) feet apart. Each drive shall handle no more than two (2) lanes of traffic, shall be at least eighteen (18) feet wide for one-way traffic and twenty-five (25) feet wide for two-way traffic, shall be at least one hundred (100) feet from the right-of-way of any intersecting street, shall be at least twenty (20) feet from any property line, and, for parking lots with more than fifty (50) spaces, all entrance drives shall extend at least one hundred (100) feet from the street curbline before the first aisle is encountered, and the exit drive shall extend at least sixty (60) feet from the curb. No parking shall be in the entrance/exit drive. In the event that lot dimensions preclude meeting these setbacks, the approving authority shall approve driveway locations that best meet the interests of this chapter, including requiring a design and stub connection to adjacent undeveloped properties. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

b. Access to parking and loading spaces shall be by on-site aisles to permit each vehicle to proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension of any street right-of-way. Parking lots serving more than fifty (50) vehicles shall not have parking spaces served off the entrance/exit drives or major, interior circulation drives. Individual garages served by a single-width driveway shall count as one (1) space.

c. Buffers. Parking areas for six (6) or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of Section 30-54, but shall be at least fifteen (15) feet in width.

d. Curbing. Off-street parking areas containing six (6) or more spaces and all off-street loading areas shall have Belgian Block curbing around the perimeter located in conjunction with an overall drainage plan. In lieu of Belgian Block curbing, the approving authority may accept alternate means that will define the edge of paving, prevent vehicles from encroaching upon nonpaved areas, control drainage and guide traffic circulation. Curbing or any alternative shall be ramped in accordance with the current Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation with ramps opposite each aisle, at locations to serve the required handicapped spaces so handicapped persons can avoid passing behind parked cars and at other selected locations.

e. Dimensions.

1. Off-street parking spaces for residential uses shall be a minimum of eight and one-half (8 1/2) feet wide and eighteen (18) feet in length.

2. Off-street parking spaces for retail/commercial establishments which use or supply carts, carriages, or hand trucks to their customers shall be a minimum of ten (10) feet wide and eighteen (18) feet in length.

3. All other off-street parking spaces, not falling into 1. and 2. above shall be a minimum of nine (9) feet wide and eighteen (18) feet in length.

4. Parallel parking spaces shall be a minimum of twenty-five (25) feet in length in all instances.

5. In parking lots containing fewer than twenty (20) spaces a minimum of one (1) space shall be at least twelve (12) feet wide, and for parking lots with greater than twenty (20) spaces, two (2%) percent of all spaces shall be twelve (12) feet wide. These wider spaces shall be located in one (1) area and designated as parking for the handicapped.

Off-street loading spaces shall have fifteen (15) feet of vertical clearance and be designated as follows:

f. Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of Section 30-57.

g. Surfacing shall be approved as part of the plan approval, based on the Holmdel Development Design Manual.

h. Landscaping in parking and loading areas shall be shown on the site plan at the rate of at least one (1) tree for every eight (8) parking spaces. Each tree shall be at least two (2) inches in diameter measured one (1) foot above the ground and shall be of a type permitted in the Development Design Manual. All areas between the parking area and the building and between the parking area and the street shall be landscaped with trees and/or shrubs and ground cover. Any plantings which do not live shall be replaced within one (1) year or one (1) season. A majority of the parking areas for more than fifty (50) cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination.

1. Minimum Parking and Loading Requirements. The number of spaces shall be based on the schedule for each zoning district in Article V. The number of spaces required shall be in addition to the number of vehicles that belong to the occupant and must be stored on-site. Individual garages served by single-width driveways shall count as one (1) space. In nonresidential developments, where an applicant can demonstrate the Township's parking and loading requirements are excessive, the approving authority may approve a plan showing less parking and/or loading area to be paved, provided that a landscaped area sufficient to meet the deficiency shall be set aside on the plan and reserved for future parking and/or loading in the event that the use needs more parking than approved or a change of use of the premises shall require the additional spaces, and provided further that this reserved area shall be graded compatibly with the storm sewer system for both its landscaped and possible paved conditions.

j. Location of Parking and Loading Areas.

1. Parking and loading spaces shall be located on the same lot as the use being served. The edge of any parking space shall be at least twenty (20) feet from any building. No individual off-street parking or loading space shall have direct access from a street. No loading areas shall be in the front yard. All off-street parking lots along arterial and collector streets shall be set back at least fifteen (15) feet from the right-of-way.

2. No loading and parking spaces shall be located in any required buffer area, and all spaces shall be set back a sufficient distance to prevent any part of a vehicle from overhanging the street right-of-way or property line.

3. Parking spaces located to serve residential, commercial and industrial uses shall be located conveniently to the intended dwelling unit or entrance door of a commercial use and shall generally be within one hundred fifty (150) feet of the entrance of the building and within three hundred (300) feet of commercial/industrial uses. No vehicle shall be parked in or on any "front yard" as that term is defined in Section 30-3, unless the parking space is located on an improved driveway consisting of stone or pavement.

4. In multifamily developments, commercial districts and industrial zones, no parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

5. Handicapped parking spaces shall be located to be most accessible and approximate to the building(s) being served and shall be specified on the site plan. Each handicapped space shall be identified by a capital "H" painted in the space and by a sign using the international symbol. The sign shall be placed at the end of each space, facing the space. (1976 Code § 78-53; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 88-21; Ord. No. 92-18)