A. Permitted Uses
1. Townhouse residential units.
2. Municipal parks, playgrounds, and other municipal buildings.
3.Open space for active and passive recreation.
B. Permitted Accessory Uses
1. Community swimming pools designed for the exclusive use of the residents of the development, subject to the provisions of Section 8.21.
2. Clubhouses and other recreational facilities provided such facilities are for the exclusive use of the residents of the development. The nature of said uses shall be limited to facilities which are accessory and appurtenant to the principal townhouse use.
3. Signs subject to the provision of Section 8.26.
4. Fences, walls, and hedges subject to Section 8.14.
5. Off-street parking subject to the provisions of Section 8.20.
6. Decks and patios.
7.Trailers of contractors actively engaged in work provided that said trailers are located on the tract, until completion of said construction.
C. Prohibited Uses: Other uses not expressly permitted in this section are prohibited
1. Minimum tract size - 5 acres.
2. Maximum density - 4.5 (4 1/2) units per acre.
3. Minimum tract frontage - 100 feet.
4. Maximum principal building coverage - The maximum coverage by principal buildings shall not exceed 25 percent, exclusive of permitted accessory structures.
5. Maximum impervious coverage - 60%.
6. Building and/or structure height- The maximum height shall not exceed 30 feet and 2.5 stories.
7.Number of units in a building- There shall be a minimum of 4 units and a maximum of 8 units per building.
8. Parking - There shall be a minimum of 2.5 spaces/units inclusive of driveways and garages. Driveway spaces shall be counted as .5 (1/2) stalls.
9. Maximum number of units per access point - 24 units.
10. Center line length of cul-de-sac shall be minimum of 100 feet or no longer than 1,000 feet and should provide access to no more than twenty-four dwelling units.
11. Maximum number of bedrooms per unit: 3 bedrooms
E.Setback Requirements
1. Minimum setback from a collector road for principal structures - 50 feet.
2. Minimum setback from any tract boundary line or other right-of-way lines25 feet from commercial property/boundary, 50 feet from residential property boundary except where the boundary abuts the front yard where the setback will be 20 feet.
3. Minimum setback from the curb of an interior street- 20 feet.
4. Minimum distance between principal structures shall be; building front to building front - 60 feet, building side to building side - 25 feet.
5. Minimum rear yard - 50 feet.
6. Minimum front yard - 20 feet.
F.Standard for Patios and Decks:
1. Location - Patios and decks shall not encroach upon the municipal setbacks.
2. Maximum size - No patio or deck shall exceed 225 square feet, nor extend more than 15 feet from the rear wall of a townhouse unit.
3.Impervious coverage - When decks are located above grade, no impervious coverage shall be placed below the deck. Boards shall be spaced so as to permit the free flow of water.
G.Building Design Standards
Townhouse development in the TH-2 Zone shall provide suffieient horizontal and vertical offsets to create visually attractive buildings and building clusters which relate to the tract's topography and natural features. A uniform design theme shall be incorporated which uses a consistent system of surface material, trim design and colors which serve to unify the site's development and blend with the environment,
H.Applicability of Other Ordinances
Unless contrary to this ordinance, all other rules, regulations procedures, and standards of the Borough of Little Silver are applicable to development within the TH-2 Zone district,
I.Contribution to Little Silver Lower Ineome Housing Trust Fund
It shall be a condition of approval of development of this property in this zone that the developer contributes $125,000.00 to the Little Silver Lower Income Housing Trust Fund. Said contribution shall be reduced by $5,208.33 per unit in the event approval is obtained for less than 24 units as permitted by Ordinance. Said contribution shall be paid on a pro rata basis as each unit is issued a Certificate of Occupancy.
J.Additional Regulations and Standards
1.No building, structure, improvement and/or development, which increases the footprint of any existing structure or building or which enlarges the ground area of development currently existing on the subject property or which is new development, shall be permitted in the Coastal Flood Zone, as defined in Chapter XIX of the Revised General Ordinances of the Borough of Little Silver. For purposes of this paragraph, the following shall not be considered buildings, structures, improvements and/or development regulated hereby: fences,
A. Permitted Uses:
1. Single Family Detached Homes in accordance with the standards of the R-3 Zone.
2. Single Family Court Homes in accordance with the standards below.
B. Required Accessory Uses:
1.Off-street minimum parking for at least 2 cars, one in an attached private garage plus at least one car in a private driveway measuring at least 12 ft. wide by 24ft long per unit.
C. Permitted Accessory Uses:
1. Fences and walls subject to the provisions of Section 8.20.
2. Signs subjeet to the provisions of Section 8.26.
D. Prohibited Uses: Other uses not expressly permitted in this section are prohibited
E. Single Family Court Home Area, Yard and Building Requirements:
2. Minimum Tract Size - 7 Ac.
3. Maximum Building Height - 2-1/2 stories and 30 ft.
4. Minimum Front Yard of Individual Court Home Lots:
a. From Motor Court - 24 ft.
b. From Residential Access Street - 25 ft.
5. Minimum Rear Yard of Court Home Lots - 25 ft.
(In the case of a unit with two potential rear yards, one official rear yard shall be designated by the applicant and the other shall be considered a side yard).
6. Minimum Distance Between Buildings:
a. Side to side along residential access street 25 ft
b. Side to side within each court-cul-de-sac or along a contiguous roadway - 20 ft. minimum
c.Rear to rear - 50 ft.
d. Front to front - 70 ft.
e. Front to rear - 15 ft.
f.Front to side - 15 ft.
7. Court Home Lot Size:
The Single Family Court Home Development shall be designed so as to provide for an average lot size of 5,250 sq. ft. In no event shall any lot contain less than 2,800 sq. ft.
9.Minimum Gross Habitable Floor Area;
a. Ground Floor Area - 750 sq. ft.
b. Total Floor Area - 1,700 sq. ft.
10.Minimum Common Open Space - 45% of gross tract area.
a. 25 ft. to railroad lines
b. 40 ft. to all other tract lines
12.Buffer - 25 ft. planted buffer including a fence or wall acceptable to the Planning Board adjacent to existing single family homes, non-residential uses and railroads.
13.Ownership of Open Space:
The ownership of open space may be any of the following or any combination thereof:
a. The Borough of Little Silver subject to the acceptance by the Governing Body.
b. Homeowner Association upon approval of the bylaws by the Planning Board.
c.Individual lot owner(s) provided that all common open space lands are encumbered by conservation easements approved by the Planning Board.
14.Maximum number of bedrooms per unit: Four (4) bedrooms
F.Additional Regulations and Standards.
1.No building, structure, improvement and/or development, which increases the footprint of any existing structure or building or which enlarges the ground area of development currently existing on the subject property or which is new development, shall be permitted in the Coastal Flood Zone, as defined in Chapter XIX of the Revised General Ordinances of the Borough of Little Silver. For purposes of this paragraph, the following shall not be considered buildings, structures, improvements and/or development regulated hereby: fences.
A. Permitted Uses:
1.Municipal offices, buildings, facilities or uses.
A. Permitted Uses:
1.Municipal offices, buildings, facilities or uses.
A. Minimum Tract Size
Age-restricted affordable housing developments are permitted on traets of land at least 14.0 acres in size within the "ARAH" Age-Restricted Affordable Housing zoning district.
B.Age Restrictions
1. Except as permitted under the requirements of "Housing For Older Persons", as set forth in 42.U.S.C.3601 et seq. of the Federal Housing Act, as amended, and regulations promulgated thereunder, all dwelling units within an age-restricted affordable housing development shall be deed restricted by the master deed for occupancy by households with at least one (1) person fifty-five (55) years of age or older and with no person less than nineteen (19) years of age, provided that visitors less than nineteen (19) years of age are permitted for no more than eight (8) weeks during any twelve (12) month time period.
2. The wording of the required master deed restriction shall be submitted by the applicant to the Planning Board for review as part of the application for final site plan approval, and the wording shall be reviewed, modified as necessary, and finally approved by the Borough Council and incorporated within a developer's agreement between the developer and the Borough Council as a condition of any final approval granted by the Planning Board for an age-restricted affordable housing development.
3.The wording of the required master deed restriction as finally approved by the Borough Council shall be recited in the Master Deed and the Homeowners' Association by-laws, which also shall be reviewed and approved by the Borough Council and Planning Board as a condition of any final approval granted by the Planning Board for an age-restricted affordable housing development.
C.Maximum Density, Number & Location of Dwelling Units Permitted
1. The density of the development shall not exeeed 2.8 dwelling units per gross acre of the entire tract, provided that, in any case, no more than 39 dwelling units shall be permitted.
2. Except for the parking area and pathway network required via Subsection 10.20 F. of this ordinance herein below, all development of the dwelling units and related uses and improvements shall be constructed only on Block 58/Lots 56, 57, 58, 59 & 60.
D.Permitted Principal & Accessory Uses
1.Townhouses, which shall include 32 market-rate units.
2. Garden Apartments, which shall include 7 units set aside for occupancy by qualified "low" and "moderate" income households in accordance with all applicable requirements and restrictions specified in the "Uniform Housing Affordability Controls" document (N.J.A.C. 5:80-26.1, et seq.) as adopted by the New Jersey Council On Affordable Housing (COAH).
3. Conservations areas, public parks, and common open spaces in accordance with Subsection 10.20 F. herein below.
4. Off-street parking in accordance with the provisions of Subsection 10.20 G. herein below.
5. Signs in accordance with the provisions of Subsection 10.20 H. herein below.
6. Balconies and patios.
7. Courtyards, which shall be patios enclosed on all sides by building walls and/or fences, walls or hedges not exceeding five feet (5') in height, except for decorative elements specifically approved by the Planning Board which shall not exceed seven feet (7') in height and two feet (2') in width.
8. A sales/construction trailer as may be specifically approved by the Planning Board, provided that such trailer shall be removed by the developer prior to the issuance by the Borough of the last Certificate of Occupancy.
9.Trailers of contractors actively engaged in construction of the development, in locations specifically approved by the Planning Board, and provided that such trailers are removed when the related construction activity is completed.
1. All buildings shall be setback at least thirty-five feet (35') from Oceanport Avenue, at least thirty feet (30') from Eastview Avenue, and at least twenty-five feet (25') from all other perimeter boundaries of the portion of the overall tract being developed, and no parking shall be permitted in these setback areas.
2. Buildings shall be separated by at least twenty feet (20'), except that buildings shall be separated side to side by at least forty feet (40') and rear to rear by at least thirty-five feet (35').
3. Non garaged parking spaces shall be no closer than fifteen feet (15') to any building.
4. No building shall exceed a length of two hundred ten feet (210').
5. No building shall exceed forty feet (40') and three (3) stories in height from existing grades, nor thirty-five feet (35') and three (3) stories in height from proposed grades.
6. Each townhouse unit shall have an attached 2-car garage, which shall not be permitted to be converted to living space, and this restriction shall be included in the Homeowners' Association bylaws and the deeds to the townhouse units.
7.Buildings shall be designed with horizontal and vertical offsets to create a visually attractive development, and shall be oriented in clusters which relate to the tract's topography and natural features.
F.Conservation Areas, Parks And Common Open Spaces
1.Lots 20.1, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 & 55 in Block 58, totaling approximately 9.7 acres or approximately sixty-eight percent (68%) of the total tract acreage, shall be offered for dedication to the Borough of Little Silver for conservation/park purposes.
a.The land area required to be offered for dedication to the Borough shall include a paved parking area for twenty-five (25) vehicles on an unencumbered portion of the site along Eastview Avenue as approved by the Planning Board and NJDEP.
b.Additionally, the land area to be offered for dedication to the Borough shall include a pathway network as approved by the Planning Board and NJDEP, which pathway network shall connect to the adjacent "Challenger Field" recreation area owned by the Borough.
2.All common open space not offered to and/or not accepted by the Borough of Little Silver shall be owned and maintained by a Homeowners' Association as provided in N.J.S.A, 40:55D-43.
a. All residents in the development shall be required to be members of the association.
b. The association shall be responsible for maintaining and repairing all common elements within the residentially developed portion of the tract, which elements shall be listed in any resolution of site plan approval and which shall be set forth in the Homeowners' Association document and the public offering statement, and shall be incorporated by reference in the contract of sale and deed for each dwelling unit.
c. Except as permitted by law, the association shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise,
G. Off-Street Parking
Off-street parking requirements shall be governed by the New Jersey Residential Site Improvement Standards (RSIS), as follows:
1. 1-Bedroom Townhouses: 1.8 spaces per unit.
2. 2-Bedroom Townhouses: 2.3 spaces per unit.
3. 3-Bedroom Townhouses: 2.4 spaces per unit.
4. 2-Bedroom Garden Apartments: 2.0 spaces per unit.
H. Signs
1. One (1) free-standing permanent monument sign shall be permitted at the entrance to the development along Eastview Avenue; the sign shall not exceed eighteen (18') square feet in area, shall not exceed five feet (5') in height, and shall be setback at least five feet (5') from the street right-of-way.
2. Temporary signs shall be permitted as may be specifically approved by the Planning Board.
I. Courtyards, Balconies, Patios & Decks
1. Courtyards, balconies and patios may extend up to ten feet (10') into any required setback area.
2. Paved patios shall not exceed two hundred seventy-five (275') square feet in area, although additional area may be included in the courtyard enclosure.
3.Decks are not permitted.
J. Streetscape & Landscaping
1. All undeveloped portions of the tract shall be left in their natural state or shall be landscaped as specifically approved by the Planning Board.
2. All landscaped areas, other than any surface water management facility, shall be served by an automatic sprinkler system, and the operation (including water) and maintenance of the system shall be the sole responsibility, and at the sole expense, of the Homeowners' Association.
3.The developer shall install decorative sidewalks and lighting along the residentially developed portions of Eastview Avenue and Oceanport Avenue, consistent with the style of lighting and the paver block pattern used along Prospect Avenue in the "B-1" Business Zone.
K. Other Applicable Requirements
1.The entire tract of land shall be subject to a unified application for development under the ownership (legal or beneficial) of one (1) entity or individual for purposes of obtaining all required approvals from the Planning Board.
2. The outdoor parking or storage of recreational facilities or boats shall not be permitted anywhere within an Age-Restricted Affordable Housing development.
3.A Developer's Agreement shall be entered into between the Borough and the developer to address any off-tract improvements required for the proposed development.
4. All other provisions of the Land Use And Development Ordinance of the Borough of Little Silver not in conflict with the provisions specified herein for the "ARAN" Age-Restricted Affordable Housing zoning district shall apply to any age-restricted affordable housing development."
