Brick Township City Zoning Code
ARTICLE XXI
AH-2 Affordable Housing Golf Course/Country Club and Multifamily Zone
§ 245-187 Applicability.
The following regulations shall apply in the AH-2 Affordable Housing Golf Course/Country Club and Multifamily Zone.
§ 245-188 Permitted uses.
The following uses shall be permitted in the AH-2 Zone:
A.
Customary and conventional farming operations.
B.
One-family dwellings.
C.
Places of assembly, parish houses, convents and cemeteries, subject to the conditions specified in Article XXXIII.
[Amended 4-19-2011 by Ord. No. 13-11]
D.
Public and accredited private schools and institutions which may be conducted as a business, subject to the conditions specified in Article XXXIII.
E.
Municipal parks, playgrounds and other such municipally owned buildings and uses as are deemed appropriate and necessary by the Township Council of the Township of Brick.
G.
Volunteer first aid buildings and firehouses.
[Added 3-25-2003 by Ord. No. 354-2C-03]
H.
Public libraries.
[Added 3-25-2003 by Ord. No. 354-2C-03]
§ 245-189 Area, yard and building requirements.
A. DEVELOPABLE AREA GROSS DENSITY NATURAL SLOPE SLOPE
Terms defined. The following definitions shall be used in interpreting and administering this section only. In the event that a word or phrase in this section is not defined herein, then the definition contained in § 245-3, Definitions, shall apply.
Land areas excluding existing streams, bodies of water, wetlands, one-hundred-year floodplains and natural slopes of 15% or greater.
The total number of dwelling units, divided by the total number of acres within the gross tract area within Brick Township.
A slope which is not the result of excavation, grading or other alteration done pursuant to development under this article. For purposes of this section, a slope created by mining shall not be considered the natural slope.
The finished grade of a slope, unless otherwise indicated.
B.
Density. Maximum gross density shall not exceed three dwelling units per acre for the gross tract area within Brick Township.
C.
Slope.
(1)
No natural slope within 50 feet of existing and/or areas zoned for single-family detached housing shall be disturbed. Any previously excavated or otherwise disturbed slope within 35 feet of existing and/or areas zoned for single-family detached housing shall be restored to a slope of not greater than 15% finished grade.
(2)
A slope located within the residential development area may be up to 25% within a terrace created by the installation of a retaining wall which shall not exceed four feet in height and shall be constructed in accordance with design standards promulgated by the Township Engineer, provided that the net effect of any such slope does not exceed 15%, and 25 feet measured from the back of any principal structure shall not exceed slope of 10%.
(3)
Permitted slopes in street and road areas shall not exceed the standards set forth in § 245-356I.
(4)
The developer shall demonstrate that existing vegetation and natural slopes have been preserved wherever possible.
D.
Impervious coverage. The maximum total impervious coverage shall not exceed 30% of the gross tract area.
E.
Building coverage. The maximum land coverage by buildings shall not exceed 20% of the gross tract area.
F.
Building height. The maximum building height of a principal structure shall be 35 feet. The maximum building height of an accessory structure shall be 10 feet.
G.
Maximum stories. Each building shall be limited to 2 1/2 stories of habitable space and a basement more than 50% below grade. Basements shall be used only for storage, utilities, garages or similar uses. Basements shall only be permitted where the seasonal depth of the high-water table is two feet or more below the basement floor.
H.
Setbacks. Setbacks shall be as follows:
(1)
One hundred feet from any existing Township or County street or proposed street as designated on the Township or County Master Plan and 150 feet from the Garden State Parkway.
(2)
Twenty-five feet from any internal or private street.
(3)
Twenty feet from an internal parking area or driveway.
(4)
One hundred feet from any external tract boundary other than a public street or arterial highway as specified in Subsection H(1) above.
(5)
Multifamily dwellings shall be separated a minimum of 25 feet from any other residential structures; provided, however, that where structures have glass to glass exposure with an angle of less than 15°, separation shall be 50 feet. Multifamily structures shall be separated by not less than 150 feet from any clubhouse/banquet facility and not less than 75 feet from any parking area for such facility.
I.
Dwelling unit storage. No dwelling unit shall contain less than 300 cubic feet of storage space, which may be within attics, garages, basements, cellars or an external storage area attached to the unit and which shall be in addition to closet space provided within the unit. If within garages, a rectangle of not less than 10 feet by 20 feet shall remain clear for parking vehicles.
J.
Dwelling unit width. No dwelling unit shall be less than 20 feet in width.
K.
Recreation areas. Active recreational areas equal to 5% of the entire tract area within Brick Township shall be provided in addition to country club facilities.
L.
Number of dwelling units within buildings. Not more than four dwelling units shall be contained adjacent to each other on a single facade plane and not more than eight dwelling units shall be contained within any one building.
M.
Building length. No building shall be more than 200 feet in length.
N.
Underground utilities. All utilities shall be installed underground within the driveways, roadways or other easement areas wherever possible.
O.
Public water and sanitary sewers. The site shall be served by public water and sanitary sewer systems. All on-site water and sewer facilities shall be privately maintained.
P.
Garbage and recycling facilities. Garbage, refuse and recyclable storage and collection areas suitable for containerized collection shall be provided in sufficient number and at locations convenient to all dwelling units. Such areas shall be screened from view and shall be constructed of masonry, brick or concrete. Where driveways are utilized to meet parking requirements, integrity and function of pedestrian walkways to be used to walk from the dwelling unit to all parking spaces shall be maintained. Driveways leading to attached and freestanding garages shall have a minimum length of 25 feet, not including any part of the pedestrian walkway, common driveway or interior street.
Q.
Open space ownership. Common open space, recreational or other facilities may be owned, operated and maintained in any recognized legal capacity, and the maintenance of such facilities shall be the responsibility of the owner or owners in accordance with applicable law.
R.
Documentation of homeowners' association and other restrictive documents. All proposed restrictive covenants, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents to provide for ownership and maintenance of common property and facilities shall be submitted to the Board for review by the Board Attorney and Township Attorney as a condition of final approval of any subdivision or site plan.
S.
Construction easements. In all cases where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement or right of entry shall be created in favor of the subject owner. All such easements shall be detailed and specific as to required notice and any limitations upon the right of entry and shall provide a specific means of arbitration in the event of dispute.
T.
Other improvements. Streets, roads, driveways, parking facilities, walkways, streetlights, fire hydrants, drainage facilities and other improvements required, appropriate or necessary to the development shall be installed by and at the expense of the developer, in accordance with Township specifications, except as modified herein:[1]
(1)
Rolled curbs may be permitted, in accordance with standards approved by the Township Engineer.
(2)
Drainage maintenance in privately maintained streets shall be the responsibility of the developer or homeowners' association.
(3)
Street intersections shall conform with § 245-356K. Intersections between private streets and those involving driveways or entrances to parking areas are not subject to these requirements but shall instead be based upon standard parking lot requirements as determined by the Township Engineer.
(4)
The maximum length of permanent dead-end or cul-de-sac streets (§ 245-356P) shall be 500 feet. Loop roads are not subject to this requirement.
(5)
Pedestrian crosswalks may be required in blocks over 1,000 feet in length and may be straight or meandering.
U.
All streets and roads within the tract shall be private streets and shall be maintained by the body responsible for common areas. Internal and private streets shall have the following minimum pavement widths:
V.
At least two parking spaces shall be provided for each dwelling unit, and guest parking at a ratio of one space for every four units shall be provided. Required guest parking spaces may be provided on driveways leading to attached garages or parallel parking on internal streets in accordance with the above or within collective parking lots or areas. All parking spaces shall be within 250 feet of the dwelling unit.
W.
All sidewalks shall be a minimum of four feet in width; provided, however, that where sidewalks are adjacent to parking lots, the minimum width shall be five feet six inches. All sidewalks shall conform with requirements of the Americans with Disabilities Act (ADA).
X.
No driveways shall enter any internal or private streets at a point closer than 30 feet to any internal or private street intersection, which distance shall be measured between the curbline or the pavement edge of the intersection street nearest to the driveway in question.
Y.
Buffer zones. A landscape buffer strip at 35 feet in width shall be permanently maintained along all property lines of the tract in accordance with the regulations of § 245-409 and shall be maintained between the residential use and the clubhouse/banquet/cocktail lounge required setback areas. Fences of up to six feet in height are permitted in buffer areas, notwithstanding § 245-33.
Z.
Soil removal. The provisions of § 245-19 of this chapter pertaining to the removal of soil shall apply to development in the AH-2 Zone except that the provisions of § 245-19 may be modified as required by the Planning Board to permit soil disturbance for the movement of soil, sand or gravel on site as may be necessary to render the premises suitable for the AH-2 Zone, for which a site plan has been approved.[2]
§ 245-190 Golf course/country club and multifamily housing development.
The following residential and nonresidential uses are permitted in conjunction with a golf course/country club and multifamily housing development; however, no multifamily residential housing shall be permitted except in conjunction with development of the required golf course and country club only in accordance with the phasing requirements in Subsection A, B and C below.
A.
Permitted principal uses:
(1)
Attached single-family townhouse units.
(2)
Golf course. The golf course may include properties outside Brick Township, but shall contain a minimum of nine holes and 50 total acres, provided that use of the golf course shall be made available to the residents of the planned development.
(3)
Public parks, playgrounds and conservation areas.
(4)
Essential municipal services and facilities.
B.
Permitted accessory uses.
(1)
Private swimming pools for the exclusive use of the residents of the development and/or members of the country club, provided that such are designated for their exclusive use and subject to the provisions of the Uniform Construction Code.
(2)
Recreational facilities such as tennis or other racket sports, basketball, tot lots, picnic and passive recreation areas as the municipal agency may approve.
(6)
Private attached garage with a capacity for garaging not more than two automobiles per unit, provided that adequate deed restrictions to prohibit conversion to other use(s) are recorded.
(7)
Open space, as defined and regulated by N.J.S.A. 40:55D-43.
(8)
Storage sheds attached to and incorporated in the design of individual dwelling units, provided that such sheds shall not exceed 16 square feet in floor area.
(9)
Other customary accessory uses and buildings, provided that such are incidental to the principal use and do not involve activity commonly conducted as a business. Any accessory building shall be subject to the same setback requirements as a principal building.
C.
Minimum golf course requirements and phasing.
(1)
Not less than 50% of the tract located within Brick Township shall be devoted to the golf course/country club use. Any Planning Board approval shall require subdivision of that portion of the tract to be devoted to golf course/country club use and shall be subject to the filing of deed restrictions adequate to ensure the use of that portion of the tract for that purpose in perpetuity, which restrictions shall run in favor of Brick Township and the homeowners' association and which shall be subject to the posting of adequate security to ensure the completion of the golf course/country club.
(2)
Phasing. No AH-2 planned development shall be approved unless it is to be developed in sections or phases in accordance with a comprehensive plan for the overall development of the property in Brick Township as approved by the Planning Board. The requirements of phasing shall be as follows:
(a)
Site improvements, including rough grading of the entire site, required slope restoration, reforestation of buffer areas with one- to two-foot seedlings at a rate to be determined by the Township Planner and Engineer and provision of sanitary sewer and water service to the site shall be completed in the first phase.
(b)
All phases shall be designed to provide independent development of each phase and shall include a construction entrance and circulation program to minimize interference with completed development phase(s).
(c)
The final grading, seeding and planting of the golf course, even though it may not be playable, shall be certified as complete by the Township Engineer prior to the issuance of certificates of occupancy for 50%, plus one, of the total approved for the residential structures or for the clubhouse/banquet/cocktail lounge facility.