Lot area ratio. In no case shall any structure or development contain more than one dwelling unit per 3,100 square feet of the lot area.

Lot coverage. Not more than 35% of the lot area shall be occupied by buildings nor more than a total of 60% maximum coverage of all structures, including parking.

Yards.

The owner and/or builder shall be required to erect no less than 20 dwelling units in the initial phase of construction. No building permits shall be issued for fewer than 20 units, except as an addition to an existing garden apartment dwelling structure, and no occupancy permit shall be issued until such minimum number of units has been completed. Additions to existing apartment units shall be submitted in accordance with the procedure for new applications.

All buildings shall be not more than 2 1/2 stories and not in excess of 30 feet in height.

There shall be no dwelling unit below the first floor nor above the second story of any structure with the exception of one dwelling unit for the use of a building superintendent. Fire walls of approved masonry construction shall be provided from the cellar to the roof, separating every two dwelling units. The exterior of the buildings shall be of brick veneer construction.

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following schedule:

There shall be not more than 20 dwelling units in each building or structure.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where the belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators and similar type of equipment of 50 cubic feet per dwelling unit.

The total number of one-bedroom or efficiency apartments shall not be less than 80% of the entire project.

Every dwelling unit shall have a front and rear entrance through a full-size door. Such entrance shall lead only to an interior hallway or stairway with ground level outdoor access to a parking lot.

One nonilluminated project identification sign shall be permitted on each public street on which the garden apartment development has frontage and which may bear only the name of the project, the street address and the presence or lack of vacant units. Such sign shall not exceed 12 square feet in area on either side and six feet in height and shall be situated within the property lines but not attached to the building.

No other signs, other than pedestrian and vehicular directional signs, shall be visible from the premises.

One-bedroom dwelling units and/or efficiency units shall have a minimum of 600 square feet of floor area.

Two-bedroom dwelling units shall have a minimum of 800 square feet of floor area.

Three-bedroom dwelling units shall have a minimum of 1,000 square feet of floor area.

Four- or more bedroom dwelling units shall have a minimum of 1,500 square feet of floor area.

Professional offices located within the interior of the mid-rise building, provided that:

Restaurants, cocktail lounges and places of entertainment shall be permitted on the top floor or roof and below the third floor of the building.

Lot area (ratio). In no case shall any structure or development contain more than one dwelling unit per 1,200 square foot of lot area.

Lot coverage. In no case shall the lot area to be occupied by buildings exceed 35%.

Yard requirements.

All buildings shall have a maximum height of six stories.

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following schedule, provided that at least 90% of the units shall contain no greater than two bedrooms and not more than 10% of the units shall contain three bedrooms. Units containing more than three bedrooms shall not be permitted.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where the belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 50 cubic feet per dwelling unit.

One project identification sign shall be permitted and shall not exceed 15 square feet in area on either side and eight feet in height and shall be situated within the property lines but not attached to the building. The sign may include only the name of the project, the street address, the presence or lack of vacancies and the availability of supporting or recreational facilities on the premises.

No other signs, other than pedestrian and vehicular directional signs, shall be visible from off the premises.

The minimum frontage of a townhouse parcel upon a duly-accepted public street, improved at least to the standards of the street specifications of the City of Long Branch, shall be 150 feet.

Each townhouse structure shall have a front yard, having a minimum depth of 35 feet from the parcel property line. Each townhouse structure shall be set back from any side or rear lot line a minimum distance of 20 feet.

There shall be not more than 12 townhouse dwelling units per gross acre of townhouse parcel or such lesser density as is specified in the individual zone regulations. In the event that the parcel site to be developed as townhouse dwelling units is less than one gross acre in size, the maximum number of townhouse dwelling units to be developed thereon shall be reduced proportionately. The minimum parcel site to be developed as townhouse dwelling units shall consist of 30,000 square feet.

All portions of a townhouse parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith.[1]

Every townhouse dwelling within a complex shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer. In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

All utilities within a townhouse complex shall be installed underground.

The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex, to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

For purposes of meeting the requirements of 2 1/2 off-street parking spaces per townhouse dwelling unit, it shall be proposed where there is a separate driveway to a townhouse dwelling unit with a garage at the end of the driveway of such townhouse unit to count the garage as one off-street parking space and the driveway leading to the garage as another off-street parking space.

Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to such areas.

Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

Interior development, roads, parking areas and driveways. All interior development and parking areas shall be set back a minimum of 20 feet from any side yard or rear yard property boundary. All interior roads and driveways shall be set back a minimum of 10 feet from any side or rear yard property boundary and an additional 10 feet from any interior development.

Open space and recreation. (See §§ 345-11X and 345-18.)

Each townhouse dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet.

Each townhouse shall have direct access to common open space or public land or street from either the front or rear. Under no circumstances shall the arrangement of townhouses require the crossing of one townhouse lot or private ground area in order to achieve access to another townhouse.

No detached accessory buildings shall be permitted within the private ground area. Accessory structures shall be within the private ground area and shall be limited to normal residential activities, such as outdoor barbecues, fireplaces and trellises, not exceeding the height of the fence or wall enclosing the private ground area.

Not less than three or more than eight townhouse dwelling units shall be contained within any one townhouse structure.

The front facade of any townhouse structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

An overall theme of designs and architectural modes shall be utilized within every townhouse complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for townhouse dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each townhouse dwelling unit shall have at least two shade trees.

The minimum distance between townhouse structures shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one townhouse structure be closer to another townhouse structure, measured at any angle, than 15 feet.

No townhouse structure shall be located closer than 10 feet to any original townhouse parcel boundary.

The maximum height of any townhouse structure shall be 35 feet and shall not exceed three stories as measured from the average finished grade immediately adjacent to the structure.

There shall be two exits for each townhouse structure.

The minimum floor area of a townhouse dwelling unit shall be 1,100 square feet for a one-bedroom dwelling and 1,200 square feet for a two-bedroom dwelling, of which at least 600 square feet shall be on the first floor. Each townhouse dwelling unit shall be a minimum of two stories in height.

No floor area of a room having more than 1/2 of its height below the average finished grade immediately adjacent to the structure shall be countable toward meeting the minimum floor area requirement for dwelling units.

Every townhouse dwelling unit shall have direct access to the private area which is provided for that dwelling. When fences are to be used, they shall be all uniform and comply with § 345-41.

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities.

Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed). The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

Each dwelling unit shall have a minimum width of 20 feet.

At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification if individual lots are to be created and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex, the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision whether or not subdivision is actually contemplated.[2]

A sketch plan of sufficient detail to show intent may be submitted informally to the Planning Board for discussion purposes prior to formal application for a permit at the discretion of the developer.

During its review of the proposed townhouse complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

A certificate of occupancy may be issued upon the completion of each townhouse dwelling structure, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.

All applications for townhouse development filed with the Planning Board or Board of Adjustment prior to the introduction date of this chapter (March 12, 1991) may be continued and decided under those ordinances in effect as of the date of such filing, but any appeals arising out of decisions made on any such application shall be governed by the provisions of such ordinance in effect at the time of such appeal.

All applicants who were granted variances for townhouse development by the Planning Board or Board of Adjustment prior to the introduction of this chapter, which as a result of the passage of this chapter would have expired as a result of the one-year limitation set forth Chapter 69, Land Use Procedures, § 69-24, Period of limitation, is hereby granted an additional ninety-day period from this date in which to obtain a building permit and comply with § 69-24.

Efficiency units: 0.75 spaces per unit.

One-bedroom unit: 0.75 spaces per unit.

Two-bedroom units: 1.00 spaces per unit.

See § 345-7 for minimum size of tract, boundary line setback, street setback and mixed use concept requirements. The minimum tract size shall be two acres in all zones where permitted (RC-1, RC-2 and C-4).

No section of a building in a waterfront mix residential complex shall be more than four stories high, except that when the four stories are built over one level of ground-level parking or a building lobby area, or required nonresidential uses, this parking level or building lobby area or required nonresidential uses shall not be counted in the number of stories of said complex. Any underground parking level or nonresidential floor area located below the ground floor of the building shall not be counted in the number of stories of said complex.

There shall be no less than 10 nor more than 30 waterfront mix residential dwelling units per gross acre of any parcel.

All portions of a waterfront mix residential parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith.

Every waterfront mix residential dwelling within a complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer, In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

All utilities within a waterfront mix residential complex shall be installed underground.

The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

For the purposes of meeting the requirements of a minimum of two off-street parking spaces per waterfront mix residential dwelling unit, parking may be provided beneath the unit, underground or in common parking areas or garages.

Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to such areas.

Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

Each waterfront mix residential building within the C-4 Zone shall have a minimum front yard setback of 50 feet or 1/2 the height of the building, whichever is greater.

Each waterfront mix residential building within the C-4 Zone shall have a minimum side/rear yard setback of 20 feet or 1/2 the height of the building, whichever is greater.

Any waterfront mix residential projects which directly abut the oceanfront shall maintain a minimum of 40% of the oceanside frontage free of residential development.

Accessory uses/structures may be located in any yard area but cannot be located closer than 10 feet to any property line.

Interior development, roads, parking areas and driveways. All interior development and parking areas shall be set back a minimum of 20 feet from any side yard or rear yard property boundary. All interior roads and driveways shall be set back a minimum of 10 feet from any side or rear yard property boundary and an additional 10 feet from any interior development.

Each waterfront mix residential dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet, or, in the alternative, common open space areas may be set out throughout the tract based upon a ratio formula of 400 square feet per dwelling unit, which sum may include for calculation purposes the setback areas in Subsection C(2).

Any type of residential use shall be permitted; however, a minimum of 40% of the tract must be used for permitted uses other than residential (does not include parking requirements). Nonresidential uses permitted in a waterfront mix residential development complex include beach clubs, neighborhood-oriented retail sales and services, eating and drinking establishments (but not including drive-in restaurants), barber shops, beauty salons, tanning salons, health spas and gymnasiums, day spas, hotels, or any combination thereof. Parking requirements for the nonresidential uses shall be the parking requirements for such uses or similar uses in other zones.

Open space and recreation. (See §§ 345-11X and 345-18.)

Loading zones required for any nonresidential development in a waterfront mix residential development complex shall be permitted within the front-yard setback, provided it is located at the entrance to the main lobby to the building, and provided sufficient space is provided to allow vehicles to pass a vehicle in such loading zone.

There shall be no limit as to the number of waterfront mix residential dwelling units that may be contained within any one complex.

The front facade of any waterfront mix residential structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

An overall theme of designs and architectural modes shall be utilized within every waterfront mix residential complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for waterfront mix residential dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each waterfront mix residential dwelling unit shall have landscaping throughout which shall be subject to the approval of the Planning Board.

Height and setback requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

The number of exits from each waterfront mix residential structure shall comply with the minimum provided in the State BOCA Fire Requirements.

The average minimum floor area of a waterfront mix residential dwelling unit as computed over the total number of units shall be 700 square feet for a one-bedroom dwelling and 1,000 square feet for a two-bedroom dwelling; however, no more than 25% of the total units on the tract may be efficiency-type units. No unit or units may exceed four stories.

The minimum distance between waterfront mix residential dwelling units shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one waterfront mix residential dwelling unit be closer to another waterfront mix residential dwelling unit, measured at any angle, than 15 feet.

Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed) or the covered parking area. The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification, if individual lots are to be created, and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex and the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision, whether or not the subdivision is actually contemplated.[1]

A sketch plan of sufficient detail to show intent may be submitted informally to the Planning Board for discussion purposes prior to formal application for a permit at the discretion of the developer.

During its review of the proposed waterfront mix residential complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

A certificate of occupancy may be issued upon the completion of each waterfront mix residential dwelling unit, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.

Designation as a Scattered Site Housing developer must he obtained from the State of New Jersey Housing Mortgage Finance Agency as administered by the City Office of Economic Development prior to the filing of Planning Board Application.

A developer must obtain support of the City Council prior to the filing of a Planning Board Application.

A designated scattered site housing developer may combine permitted R-5 housing types into one proposal, provided that the specific area and bulk requirements for each allowed housing type are met.

Minimum units per project is a total of 10, with a minimum and maximum of two per structure. Ten additional units may be added to the original project application as an amendment/revision in two-unit increments.

Maximum buildout for R-5 Zone: 80 units.

Front setback: 25 feet.

Rear setback: 25 feet.

Side setback: zero feet to adjoining unit; five feet to adjacent property line.

Minimum frontage: 50 feet for every two units.

Minimum lot depth: 120 feet.

Minimum lot area: 6,000 square feet for every two units.

Maximum lot coverage, all structures: 40%.

Parking requirement: two spaces per unit. (NOTE: A garage is required for each unit and may be considered as one parking space.)

Maximum height: 35 feet/three stories.

Minimum unit size: 1,600 square feet.

Bedrooms: minimum, two; maximum, three. (NOTE: One additional room type from the following will also be allowed and not he considered as a bedroom: den, gym, office, study.)

Accessory use height: 15 feet maximum height.

Accessory use setback: 10 feet from all sides/rear property lines. (No accessory uses are allowed in front yard areas.)

All units must contain garage (attached/detached).

Storage area: minimum of 300 cubic feet.

Architectural aesthetics: subject to review by Planning Board Site Plan/Aesthetics Committee.

Minimum landscaping: two trees per unit.

All units to be subject to deed restrictions or requirements as approved by the Planning Board. These restrictions and/or requirements, including but not limited to applications to the Building Department for approvals of exterior alterations, such as repair, replacement, resurfacing or painting of areas, including but not limited to roof, siding, windows, doors and trim, will be specifically designed to ensure the future aesthetics and maintenance of the structures in conformance with other scattered sites and scattered site developments or projects throughout the City.

The following exceptions are allowed on corner lots:

The exceptions enumerated in this Subsection D are only permitted if the side elevation on the widest side of the structure located on the longer of the two lot frontages which face a street includes a minimum of one bay or two double hung windows on the first floor and one window for each room on the second and third floors.