Areas within the Airport Safety Zone shall include any area of land or water, or both upon which an airport hazard might be created or established if not prevented as provided by N.J.A.C. 16:62. The boundaries of the Airport Safety Zone established for the Old Bridge Airport shall be utilized as the boundaries of the Airport Safety Overlay Zone in Manalapan Township.

The delineation of the Airport Safety Overlay Zone is shown on the Manalapan Township Zoning Map and the overlay boundaries and these regulations shall be interpreted and applied in accordance with the N.J.A.C. 16:62 et seq.

Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport; or

Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.

Residential dwelling units not situated on a lot of at least three acres in size, except that lawful preexisting single-family residential structures that are permitted by the underlying zone district, but which are not situated on a lot of at least three acres, shall not be deemed to be prohibited.

Planned unit developments and multifamily dwellings.

Hospitals.

Schools.

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.

Uses that may attract massing birds, including landfills.

Above-grade major utility transmission lines and/or mains.

An application for a project requiring creation or establishment of a prohibited land use, or creation or establishment of a vertical height obstruction shall first apply for approval from the appropriate municipal agency.

If the municipal agency approves the application, that approval shall be conditioned on the applicant applying for and receiving a permit from the New Jersey Commissioner of Transportation in accordance with N.J.A.C. 16:62-6.1.

An application for a permit will only be considered by the NJDOT if accompanied by a resolution of approval from the municipal agency requesting the permit.

Construction, development or creation of any prohibited land use or vertical height obstruction shall not commence until a permit has been issued by the New Jersey Commissioner of Transportation.

A preexisting structure or use located in a clear zone and not in conformance with the standards of the chapter shall be classified as nonconforming.

Variances. No variance, subdivision or other relief from the standards promulgated by or under N.J.A.C. 16:62-2 within the Airport Safety Overlay Zone may be granted by the Township to itself or any person except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the New Jersey Department of Transportation.

Residential single-family dwellings situated on lots of at least three acres and not located in a clear zone, provided that single-family residential uses are permitted in the underlying zone districts. Lawful preexisting single-family residential dwellings which are on lots of less than three acres and are located outside a clear zone may be expanded in accordance with the underlying zone district regulations.

Open space, where permitted by the underlying zone district.

Agriculture, where permitted by the underlying zone district.

The Township shall notify, in writing, each owner of record of property located within the Airport Safety Overlay Zone of the boundaries of the Airport Safety Overlay Zone, and a duly authenticated copy of this notification shall be filed with the county recording officer in the same manner as a deed or other instrument of conveyance. No cause of action against the state, any county or municipality shall arise out of a failure to give the notice required by this subsection.

A metes and bounds description of the Airport Safety Overlay Zone shall be incorporated into the municipal maps used for tax purposes and prepared pursuant to N.J.S.A. 54:1-15 and P.L. 1939, c. 167 (N.J.S.A. 40:146-27 et seq.[2]).

Open space.

Cultivation of the soil for agricultural or horticultural production, pasture, outdoor plant nurseries, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses provided such uses are permitted by the underlying zone district.

Essential services, provided that they are located and constructed to minimize or eliminate flood damage.

Preserving mature and healthy trees, woodlands and specimen plantings as part of the landscaped greenbelt.

Supplementing understory areas with shade-tolerant, naturalistic massed plantings of evergreen and/or ornamental vegetation.

Berms shall be provided as part of the landscape plan for the greenbelt. Such berms shall be arranged to screen the view of the site from Route 33. Any berms shall blend topographically with other landscape elements and shall be planted with masses and groupings of trees, shrubs and ground cover. In its sole discretion the municipal agency may approve alternative designs to the use of berms if it determines that the alternative will be as or more effective than berms in promoting a desirable visual environment, establishing a greenbelt along the frontage of Route 33 and screening views.

The only type of ground sign permitted shall be type G-4 as modified herein. The ground sign message shall be limited to the name of the business, the business logo, and the street address. No part of the ground sign shall be used for the display of a changeable message. For the purpose of the Route 33 Overlay Zone, a G-4 ground sign shall be permitted as provided below:

The wall signage for an individual establishment shall be limited as follows:

There is no change in the use of the lot or principal building.

The building additions do not exceed 1,000 square feet of gross floor area.

The development does not disturb more than 5,000 square feet of ground area.

Off-street parking facilities.

Fences in accordance with the standards of § 95-7.24.

Recreation areas, recreational facilities, and buildings for the common use and enjoyment of residents of the Affordable Housing Overlay Zone-1 such as, but not limited to, community centers; clubhouses; tennis courts; tot-lots; playgrounds; swimming pools; trails; putting greens; and passive open space.

Minor signs and Type A signs.

Other uses which are customarily incidental and accessory to the principal use.

One playground.

One community center and leasing office.

Maximum lot coverage (buildings): 20%.

Maximum building height: 48 feet (three stories).

Minimum unoccupied open space: 60%.

Minimum gross habitable floor area:

Setback from Wood Avenue (County Route 522): 75 feet.

Setback from internal streets: 50 feet.

Setback from property lines other than Wood Avenue (County Route 522): 100 feet.

Minimum distance between principal buildings:

Maximum building length: 145 feet.

Minimum distance between principal buildings and internal drives: 20 feet.

Minimum distance between principal buildings and parking areas: 20 feet.

Maximum number of dwelling units within a building: 14.

No dwelling shall have more than three bedrooms.

No more than 24, or 30%, of the dwelling units shall be three-bedroom units.

Approximately 16, or 20%, of the dwelling units shall be one-bedroom units.

The residential development shall be served by sanitary sewers and by public water service.

The residential development shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

Adequate provision shall be made for the location and placement and screening of areas for the holding and collection of solid waste and recyclable materials.

Adequate provision shall be made for exterior lighting.

Adequate landscaping shall be provided, but the requirements of § 95-8.5 shall be applied only as guidelines in order to facilitate a one-hundred-percent-affordable housing development.

Off-street parking shall be provided for the community center. At least one parking space per 342 square feet of building floor area shall be provided.

All units must be affordable to very-low-, low-, or moderate-income households and subject to affordability and occupancy controls in accordance with the rules and regulations of the Council on Affordable Housing.

No less than 10 of the total number of units shall be affordable to very-low-income households, as defined by the Council on Affordable Housing.

At least 50% of the total number of units shall be affordable to low-income households, as defined by the Council on Affordable Housing. For the purpose of this regulation, all units that are affordable to very-low-income households shall also be considered to be affordable to low-income households.

Inclusionary age-restricted development: 100 acres.

Market-rate age-restricted development and one-hundred-percent-affordable development:

Age-restricted inclusionary residential development that qualifies as "55 and over housing" within the meaning of the Federal Fair Housing Act. Such age-restricted residential development shall be limited to single-family dwellings, with a mandatory minimum affordable set-aside of 15% for rental units and 20% for for-sale units in lieu of an affordable set aside, a dedication of land may be made in accordance with Subsection F(3)(c) herein;

Market-rate, age-restricted residential development; provided, however, that a dedication of land is made to the Township pursuant to Subsection F(3)(c) herein.

One-hundred-percent-affordable multifamily development, provided that a minimum of 14 acres of land is dedicated to the Township for said housing development.

Recreation area(s) and recreation facilities and buildings for the common use and enjoyment of residents of the development, including but not limited to clubhouses, tennis courts, swimming pools, walking trails, putting greens, passive open space, or other community element deemed by the Planning Board to be consistent with the above.

Off-street parking facilities.

Fences in accordance with the standards of § 95-7.24.

Minor signs and Type A signs.

Other uses which are customarily incidental and accessory to the principal use.

Age-restricted residential development. 2.0 dwelling units per gross acre.

Multifamily affordable housing development. 13.0 dwelling units per gross acre.

Maximum tract-wide impervious coverage: 35%.

Age-restricted residential development:

The proposed development(s) shall be served by public water and sewer. The phasing of utility improvements, if necessary, shall be subject to the review and approval of the Planning Board.

The proposed development(s) shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

The development(s) shall provide for stormwater management in accordance with all applicable regulations. Stormwater management basins shall be owned and maintained by a homeowners' association to be established by the developer. Stormwater management facilities provided as part of a one-hundred-percent-affordable development shall be maintained by a property management entity. The phasing of stormwater management improvements, if necessary, shall be subject to the review and approval of the Planning Board and shall be completed in a manner that services the development areas as construction progresses.

The development(s) shall provide separate common open space, recreation areas and improvement for the benefits of each development's respective residents in accordance with the following:

Affordable housing requirements. Residential development projects developed under the provisions of the Senior Housing Overlay Zone shall provide for the development of affordable housing as outlined herein. Such affordable housing shall be provided through an affordable housing set-aside or through the dedication of a tract of land within 500 feet of Route 33 in accordance with the provisions herein. If a dedication is proposed, the developer shall be under no obligation to construct the affordable units, but rather is limited to subdividing and conveying to the Township such lands suitable for use as an affordable housing site.

Provision of land for public use. The Township shall have the right to accept the dedication of land for the purposes of providing affordable housing, and the developer shall dedicate such lands at the time of the first final subdivision or final site plan approval granted by the Township to the development.

Detached single-family dwellings consisting of age-restricted residential development that qualifies as "55 and over housing" within the meaning of the Fair Housing Act. There is a mandatory minimum affordable set-aside of 15% for special needs and/or other types of affordable rental housing based on the total number of residential units.

Special needs affordable residential multifamily dwelling units. The special needs affordable housing units shall be reserved for special needs, and shall be affordable to low- and moderate-income households, with at least 50% of said dwelling units affordable to low-income households and the remainder to moderate-income households. Units shall be developed and rented in accordance with the applicable COAH and Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. Dwelling units to serve as special needs housing shall be located in multifamily buildings or mixed-use commercial and residential buildings and provide supportive services for individuals with special needs who can benefit from housing with services. Special needs affordable housing shall be provided in a minimum amount equal to 15% of the total number of residential units; provided, however, that no less than 50 units and no more than 70 units shall be constructed.

Hotels, which shall contain a minimum of 100 guest rooms, and which may contain ancillary restaurant, meeting, banquet, fitness and other guest service facilities.

Medical research facilities.

Urgent care facilities with a maximum of 10 examination rooms.

Outpatient surgery centers designed to accommodate a maximum of 10 patients at a given time.

Fitness/health clubs.

Retail stores.

Personal services.

Supermarkets.

Indoor athletic, exercise or recreation facilities subject to provisions of § 95-6.17.

Pharmacies, including drive-through facilities.

Funeral homes.

Banks, including drive-through facilities, and fiduciary institutions.

Restaurants, category one, two and three.

Professional, business and medical offices.

Gasoline filling stations with convenience stores, provided that no direct access to or from a state or county road is provided; convenience stores contain no more than 5,500 square feet of gross floor area; there are a minimum of 55 parking spaces in close proximity to the convenience store; and the location and access to the convenience store does not impede or interfere with vehicular or pedestrian circulation to and from the filling station pumps. The convenience store and gasoline filling station may operate 24 hours per day and seven days per week.

Municipal facilities operated by Manalapan Township.

Post office, library and similar public buildings.

Child care centers and adult day-care facilities.

Outdoor dining associated with permitted restaurant uses shall be exempt from the requirements of § 157-10, Restrictions and requirements, of Chapter 157, Outdoor Dining, but shall be subject to such terms and conditions as may be set forth in the site plan approval.

Recreation facilities and clubhouses, designed for use by residents of on-tract residential dwellings.

Off-street parking facilities.

Signs.

Public utilities.

Gatehouse.

Essential services.

Other uses which are customarily incidental and accessory to the principal uses.

Tract requirements.

Density; number of units.

Buffers. Buffers conforming to § 95-8.5D(1) and (4) will be provided as follows:

Signs.

Age-restricted housing lot and building requirements.

Affordable multifamily residential dwelling units.

Commercial development.

The proposed development(s) shall be served by public water and sewer. The phasing of utility improvements, if necessary, shall be subject to the review and approval of the Planning Board.

All residential development(s) shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

Phasing of construction and roadway improvements shall follow a logical progression concurrent with sales and construction progress of development.

All roadways, parking areas, and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Township for public use may be public roads.

The street lighting plan shall be designed to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and the agreement with the local utility and shall be reviewed and approved by the Township Engineer and the Township Attorney as provided in § 95-9.3C(4).

As part of final approval, the development shall provide a municipal services agreement with the Township for the contribution by that Township for maintenance, snow plowing, refuse removal and lighting in accordance with the municipal policies in effect at the time of approval.

Each single-family detached dwelling shall be constructed with and shall maintain a two-car garage served by a driveway with a width of at least 20 feet and a length of at least 20 feet between the face of the garage door and the right-of-way. The conversion of such garage shall be prohibited by the bylaws and regulations of the established homeowners' association.

Clubhouse parking for the age-restricted development, as required in accordance with § 95-9.2B, may be used for commuter parking for residents of the age-restricted development subject to restriction or limitations described in the public offering statement (POS) for the community. Up to a maximum of 30% of the required parking spaces for the clubhouse may be provided by designating on-street parallel parking spaces on the roadways that abut the recreation area lot. The POS for the development shall disclose to potential homeowners that the parking lot may be used for commuter parking; however, the homeowners' association may limit the number of parking spaces available for commuters to reduce the potential impact on those who intend to use the clubhouse parking area for clubhouse and other related recreation purposes.

Any senior housing development shall include an active recreation area for the use and enjoyment of the residents of the development. The active recreation area shall be a minimum of 1.5 acres in area and shall, at a minimum, be developed to provide the following improvements and meet the following minimum requirements:

Any application for a subdivision or site plan approval shall include a traffic access and impact study in accordance with the provisions of § 95-8.8D.

Off-street parking for special needs and other affordable housing shall be provided in accordance with the provisions of RSIS. Pursuant to N.J.A.C. 5:21-4.14(c), the planning board may approve alternative parking requirements taking into account relevant local standards.

Off-street parking shall be provided for nonresidential uses at a rate of five spaces per 1,000 square feet of gross floor area of all nonresidential uses, except as noted in § 95-5.6G(2)(p).

All buildings shall be constructed in accordance with an overall unified architectural plan and shall conform to the requirements of § 95-8.6, Architectural and building design requirements.

The phasing and required completion dates for the affordable housing units shall be in accordance with all applicable affordable housing regulations and shall be set forth in a developer's agreement with the Township, compliance with which shall be a condition of any approval granted under this section.

Any application for a site plan approval must comply with the Route 33 Overlay Zone requirements contained in § 95-5.6D with the exception of the sign requirements in § 95-5.6D(9)(a) which are superseded by the sign requirements contained in this subsection.

Retention basins may be permitted where necessary for stormwater management purposes, provided that such basins are designed to serve as aesthetic landscape features that will maintain or accentuate the visual continuity of the landscaped area and shall be maintained by the developer.

It is acknowledged that a project to be developed pursuant to this subsection may be of such a size or type so as to make sectionalization by subdivision and the use of different forms of ownership a practical necessity. Therefore, a technical subdivision for such a project may be required for marketing or financing purposes.

An application for technical subdivision approval may be submitted with an application for approval of a nonresidential site plan, or subsequent to the issuance of such an approval.

Such an application shall be considered as a technical subdivision and treated as a minor subdivision application without the necessity to obtain bulk variances that would technically be required.

The SED/AH Zone shall include a variety of nonresidential uses and activities intended to create an attractive mixed-use development within the community. To achieve this goal, the SED/AH Zone shall require the multifamily inclusionary development to be part of any development application for any permitted use that does not contain affordable housing.

The development of an assisted living residence shall provide low- and moderate-income beds and, therefore, may be developed independently from the multifamily inclusionary development.

The payment of a development fee shall not qualify a development application as a development maintaining an affordable housing component.

The Official Zoning Map of the Township of Manalapan is hereby amended in accordance with the foregoing and is incorporated by reference. The provisions and requirements of the SED/AH Overlay Zone shall supersede the provisions and restrictions of the underlying SED-20 Zone District except where otherwise noted. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of the uses permitted herein, the provisions of the Special Economic Development/Affordable Housing Overlay Zone shall govern.

Business and professional offices, including medical offices.

Banks, including drive-through facilities, and financial institutions.

Retail sales and services.

Personal services.

Pharmacies, including drive-through facilities.

Restaurants, Category One, Two and Three, including drive-through restaurants.

Community and municipal facilities.

Assisted living residence not to exceed 120 beds.

Multifamily inclusionary development, to include a combination of market-rate townhouses and affordable residences within multifamily buildings; provided that a minimum of 30% of the total number of units shall be set aside for low- and moderate-income households.

Fitness/health clubs.

Off-street parking facilities.

Other uses which are customarily incidental to a permitted principal use.

Recreation area(s) and recreation facilities and buildings for the common use and enjoyment of residents of a multifamily inclusionary development, including, but not limited to, clubhouses, tennis courts, swimming pools, walking trails, and other active and passive open space(s).

Signs.

Gatehouse.

Public utilities.

Essential services.

Outdoor dining associated with permitted restaurant uses subject to the requirements of Chapter 157, Outdoor Dining.

Minimum lot size.

Minimum lot frontage.

Minimum lot depth.

Minimum front yard setback.

Minimum one side yard setback.

Minimum both side yard setback.

Minimum rear yard setback.

Maximum building height.

Maximum building coverage.

Maximum floor area ratio.

Maximum lot coverage.

Minimum parking setback from street.

Minimum parking setback from side lot line.

Minimum parking setback from rear lot line.

Multifamily inclusionary development: in accordance with the requirements of the New Jersey Residential Site Improvement Standard (RSIS).

Assisted living residence: 0.5 space per bed.

Restaurants, including drive-through restaurants: one space per 2 1/2 seats.

Medical offices: one space per 150 square feet of gross floor area.

All other permitted principal uses: one space per 200 square feet of gross floor area.

All roadways within the mixed-use multifamily inclusionary development shall remain private and are the sole responsibility of the homeowners' association.

Multiple buildings on a lot shall be permitted.

Access from a multifamily inclusionary development to a public street may be provided via a shared driveway located on a lot to be developed for any other permitted principal use provided it is built in accordance with specifications acceptable to the Township Engineer and provided further that the right to such access is established with a perpetual easement recorded in the Monmouth County Clerk's office or as otherwise provided by law.

The standards set forth under § 95-5.6B (Flood Hazard Overlay District) shall apply, except that road crossings permitted by NJDEP shall be allowed within regulated areas.

The following provisions set forth in Chapter 95 shall not apply to development in the SED/AH Zone: §§ 95-8.3, 95-6.10, 95-7.34, 95-7.40, 95-8.9 and 95-8.12.

The multifamily inclusionary development shall be exempt from §§ 222-24 through 222-28 (tree replacement and escrow requirements) of the Township Code as cost generative features, pursuant to N.J.A.C. 5:93-10.1.

The maximum gross density shall not exceed 3.65 dwelling units per acre.

There shall be no more than 18 dwelling units in any multifamily building.

No townhouse unit shall have fewer than two exposures.

There shall be no more than eight dwelling units in any townhouse building.

No residential building shall have a length in excess of 200 feet.

Minimum distance between buildings:

Minimum building setback to internal roadway: 15 feet exclusive of front steps, stoops or overhangs which shall be no closer than 10 feet to an internal roadway.

Minimum distance between building and parking area: 10 feet.

The provision of low- and moderate-income units shall be subject to the rules and regulations of the New Jersey Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC).

Multifamily inclusionary development shall adhere to the requirements set forth in § 95.8.7H(1)(f).

All other permitted principal uses shall adhere to the requirements set forth in § 95.8.7H(4) for the C-3 Zone District.

The intent of the AH-O Affordable Housing Overlay District is to establish a suitable location within the Township for the development of low- and moderate-income housing uses in the form of an inclusionary development. This zoning district will provide realistic opportunities for the construction of low- and moderate-income housing to implement the Township Housing Element and Third Round (1999-2025) Fair Share Plan, which Fair Share Plan has been approved by the Superior Court following the resolution of the Township's declaratory judgment action (In the Matter of the Application of Manalapan Township, Monmouth County, Docket No. L-2518-15), which action follows the directive of the Supreme Court's decision in the matter of In re Adoption of N.J.A.C 5:96 and N.J.A.C. 5:97, 221 N.J. 1 (2015).

The residential gross density shall be guided by the area requirements and bulk standards contained herein, subject to the inclusion of a specified percentage of affordable homes. All development shall further comply with the rules and regulations of the Township Affordable Housing Office and the regulations, as applicable, of COAH (N.J.A.C. 5:91 and 5:92 et seq.[7]) and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.).

A "townhouse attached dwelling" shall be a residential structure with common walls, without common ceilings or floors, consisting of three or more dwellings.

A "multifamily" attached dwelling for low-, very-low- and moderate-income housing shall be a residential structure with common walls, floors and ceilings, consisting of nine or more dwellings.

Townhouse attached dwellings.

Multifamily attached units for low-, very-low- and moderate-income dwellings, which dwellings can, at the developer's option, be made available for sale or for rent.

Parking facilities to serve an off-site adjacent commercial use.

Home occupations and home professional offices, as defined and regulated by the provisions in this chapter.

Signs, as regulated in this chapter.

Fences, as regulated in this chapter.

Patios and decks, as regulated by this chapter.

Improvements on common area property, as approved by the Planning Board.

The minimum tract size for a development in the AH-O Affordable Housing Overlay District shall be 20 acres.

The property owner shall provide for the establishment of an organization for the ownership and maintenance of any common property, and such organization shall be established and regulated by all applicable statutory standards and conditions.

A perimeter tract buffer shall be required at a minimum width of 40 feet, within which no building improvements shall be permitted; however, landscape materials and fencing up to six feet in height shall be permitted within the perimeter tract buffer area. The fencing shall not be erected, altered or reconstructed within 10 feet of any roadway or edge of pavement.

For the purpose of determining gross residential density, the total tract of land shall be considered.

The maximum gross residential density shall not exceed 10 units per acre.

Thirty percent of the units produced shall be set aside for low- and moderate-income households with the development of such low- and moderate-income units being in compliance with the applicable provisions of N.J.A.C. 5:93[8] and the UHAC.

No townhouse unit shall have fewer than two exposures.

No residential building shall have a length in excess of 180 feet.

If townhouse dwellings are to be constructed and sold on fee-simple lots, the following area and dimensional requirements shall apply:

Setback and additional requirements for all residential uses, including low and moderate multifamily attached dwellings:

No townhouse attached dwellings shall be located within 40 feet of the tract boundary line, and no multifamily attached dwellings shall be located within 15 feet of the tract boundary line. Fee-simple lot lines, however, may extend into the perimeter tract buffer area provided that no building improvements are located therein.

Common area property may contain certain improvements, such as underground utility lines, stormwater management features, decks/patios, landscaping, fencing, signage, walking paths and sidewalks.

No residential building or structure shall exceed 40 feet in height, except as regulated by the height exception provisions of this chapter. No residential building or structure shall be designed to be more than three stories in height.

All provisions of the Residential Site Improvement Standards (RSIS) shall be applicable within the AH-O Affordable Housing Overlay District.

All roadways within the mixed-use multifamily inclusionary development shall remain private and are the sole responsibility of the homeowners' association.

More than one multifamily attached building shall be permitted on a lot.

The following sign regulations shall apply, and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for multifamily inclusionary development shall adhere to the requirements set forth in § 95.8.7H(1)(f) with the following exceptions:

At the developer's discretion, land may be conveyed to a third party for the purpose of providing parking facilities for an off-site but adjacent use.

The following provisions set forth in Chapter 95 shall not apply to development in the AH-O Affordable Housing Overlay District: §§ 95-6.10, 95-7.34, 95-7.40, 95-8.3, 95-8.9 and 95-8.12.

The intent of the AH-Diocese Affordable Housing Overlay District is to establish a suitable location within the Township for the development of low- and moderate-income housing uses in the form of an inclusionary development. This zoning district will provide realistic opportunities for the construction of low- and moderate-income housing to implement the Township Housing Element and Third Round (1999-2025) Fair Share Plan, which Fair Share Plan has been approved by the Superior Court following the resolution of the Township's declaratory judgment action (In the Matter of the Application of Manalapan Township, Monmouth County, Docket No. L-2518-15), which action follows the directive of the Supreme Court's decision in the matter of In re Adoption of N.J.A.C. 5:96 and N.J.A.C. 5:97, 221 N.J. 1(2015).

The residential gross density shall be guided by the area requirements and bulk standards contained herein, subject to the inclusion of a specified percentage of affordable homes. All development shall further comply with the rules and regulations of the Township Affordable Housing Office and the regulations, as applicable, of the COAH (N.J.A.C. 5:91 and 5:92 et seq.[9]) and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.).

The Affordable Housing-Diocese Overlay Zone shall be applied to Block 72 (Lots 10.01, 11.06 and 11.07), which are shown on the Official Tax Map of the Township of Manalapan. The Official Zoning Map of the Township of Manalapan is hereby amended in accordance with the foregoing and is incorporated by reference. For the purpose of permitting the development of a multifamily inclusionary development, the provisions and requirements of the Affordable Housing Overlay Zone shall supersede the provisions and restrictions of the underlying SED20W and R-AG/4 Zone Districts. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of market-rate townhouses and affordable housing, the provisions of this Affordable Housing-Diocese Overlay Zone shall govern.

The property will be developed by the Diocese or its successor-in-interest substantially in accordance with the Concept Plan subject to such revisions as are the result of preparation of a fully engineered site plan and as are consistent with this subsection.

The inclusionary residential development of the property shall consist of up to six dwelling units per gross acre, inclusive of a 30% set aside for affordable housing units, as such term is defined in the Uniform Housing Affordability Controls ("UHAC") implementing the FHA, N.J.A.C. 5:80-26.1 et seq. By way of example only and not as a representation, if site plan approval is granted for 320 dwelling units (320/57.3 = 5.58 units per gross acre), 96 of such units shall be affordable housing units, and 224 of which shall be market-rate units.

Townhouse style dwelling units; and

Multifamily attached buildings.

Structures designed for recreation or community use as part of the multifamily dwelling development, including but not limited to pool(s), tennis, bocce ball, and pickleball courts;

Private garages and carports;

Tot lots;

Walking paths;

Off-street parking facilities, including surface parking lots;

Community clubhouse with fitness room, community room, club room, and furnished model for the market-rate units;

Community clubhouse with fitness room, community room, club room and furnished model for the affordable units;

A management and leasing office for the market-rate units;

A management and leasing office for the affordable units;

Maintenance office/garage buildings not to exceed one story in height and 1,500 square feet in floor area. The facade design shall match the residential structures;

Solid waste facilities;

Monument signs located at entrance(s) to be constructed of stone or brick, not to exceed 200 square feet in area and eight feet in height;

Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage and cable television;

Temporary sales model homes within the respective housing types, including related directional signage to identify such homes as models;

One temporary construction and one temporary marketing/sales trailer for the market-rate units;

One temporary construction and one temporary marketing/sales trailer for the affordable units;

Patios and decks directly adjacent to the rear of any homes, which shall also be permitted to be located within building setbacks of interior lots only;

Privacy fences separating the townhomes, which shall not exceed 10 feet in length and shall not enclose a patio;

Such other accessory uses customarily incidental to the uses permitted.

Architectural elevations and floor plans shall be provided for each type of building;

Rooflines shall be pitched. If flat roofs are provided, they shall incorporate design techniques to shield any roof-mounted equipment; and

The multifamily affordable units and the market-rate townhome units shall be designed in a complementary architectural style;

Stormwater basins may be located in required buffer areas along the roadway providing ingress and egress from State Highway No. 33.

Fire hydrants shall be placed throughout the development in accordance with RSIS standards, including one hydrant located at the project access driveway along Iron Ore Road. The extension of water main and fire hydrants off-site including along Iron Ore Road, beyond the project site access driveway, shall not be required.

Street lighting shall be provided for all parking areas, roadway intersections and midpoint of roadway curves with radius less than 100 feet to the satisfaction of the Board Engineer. The roadway illumination guidelines referenced in Exhibit 9-10 of the Manalapan Development Regulations shall not apply.

A boulevard street entry shall be provided at the community entrance.

A vehicular roadway system that shall have a minimum forty-four-foot-wide private right-of-way with a twenty-four-foot-wide cartway.

Surface parking lots throughout the community designed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.).

Pedestrian circulation systems shall be designed to extend through the neighborhood. Sidewalks shall be provided on at least one side of all streets.

Bike lanes shall not be required in the AH-Diocese Affordable Housing Overlay District.

All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems. Notwithstanding the foregoing requirement, in the event that the public sanitary sewer system for the project will not be complete or operational prior to the date of the issuance of a certificate of occupancy for all or any portion of the project, the Diocese, or its successor-in-interest, may establish a "pump and haul" operation for all or such portion of the project until such time as the public sanitary sewer system for the project is complete and operational.

In addition to the above, the development of the property shall be governed by the zoning and bulk standards set forth on "Exhibit B" appended hereto and made a part hereof.[10] The property shall be exempt from §§ 222-24 through 222-28 (tree replacement requirements) of the Shade Trees article of the Township Code[11] as cost-generative features pursuant to N.J.A.C. 5:93-10.1.[12] The parties acknowledge and agree that the Township's waiver of otherwise applicable development regulations serves as financial assistance to an affordable housing development that is reimbursable to the Township from the Township's Affordable Housing Spending Plan, provided that neither the Diocese, nor its successor in interest, is required to make any monetary contribution to the Township and that such reimbursement does not impose any financial burden on the project or the property. The Township's Spending Plan to be adopted may provide for an expenditure of funds to reimburse the Township for the amounts waived pursuant to this section, subject to the review and approval of the trial court as part of its review of the Spending Plan in the action, provided that neither the Diocese, nor its successor in interest, is required to make any monetary contribution to the Township and that such reimbursement does not impose any financial burden on the project or the property. The property shall be exempt from any sections of the Manalapan Township Land Development Regulations that would prohibit, limit, or otherwise restrict the Diocese or its successor in interest from subdividing the property so that the affordable rental units and the for-sale units are located on separate lots as shown on the Concept Plan.

The affordable housing rental units shall be rental units and not age-restricted; however, they will be integrated within the development as generally depicted on the Concept Plan. The occupants of the affordable housing rental units and the occupants of the market-rate for-sale units will only have access to their own community amenities. If the Diocese or its successor-in-interest determines to offer the market-rate units as for-sale units, then the affordable housing rental units shall be family rental units and are permitted to be constructed in multifamily buildings that are separate from the market-rate buildings and contain all affordable housing units therein as depicted in the Concept Plan.

The Township shall cause its Planning Board to review development applications submitted by the Diocese or its successor-in-interest. Any reasonable variances, waivers and/or exceptions necessary to achieve approval of an inclusionary residential development on the property of up to six dwelling units per gross acre, inclusive of a 30% set-aside for affordable housing units, shall be reviewed and considered in good faith by the Township's Planning Board.

Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsections K(7)(f), (i) and (j) below, as applicable. In addition, the affordable rental units shall have an affordability average as defined in UHAC, which is no more than 52% of median income.

Pursuant to N.J.S.A. 52:27D-329.1, 13% of the affordable housing units of each bedroom type shall be reserved as very-low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC, with half of such units being available to families. Thirty-seven percent of the affordable housing units of each bedroom type shall be available as low-income housing units, and 50% of the affordable housing units shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.

The Diocese or its successor-in-interest shall develop the property in accordance with the following phasing schedule: 100% of the affordable units shall be completed (a newly constructed unit is considered complete when the certificate of occupancy is issued) upon the completion of 50% of the market-rate for-sale units. By way of example, if site plan approval should be granted for 320 dwelling units, 96 affordable units shall be completed upon the completion of 112 market-rate for-sale units.

The Diocese or its successor in interest shall take all necessary steps to maintain affordability controls for the affordable units in accordance with all UHAC regulations, N.J.A.C. 5:80-26.5 and 5:80-26.11, for at least a thirty-year period from the date that a certificate of occupancy is issued for each of the affordable units. If this project is financed with low-income housing tax credits, then the HMFA required deed restriction shall be provided.

All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new-construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a and 52:27D-311b, P.L. 2005, c. 350, and all other applicable laws.

The Township shall permit the Diocese or its successor-in-interest to jointly use existing or future Township-owned easements or land for the placement and/or extension of off-tract infrastructure, including but not limited to utilities facilities, necessitated by and/or required to serve the project.

The Diocese, or its successor-in-interest, shall not be subject to §§ 128-12 (CCO), 222-24 through 222-28 (tree replacement requirements), 95-8.3 (allowable steep slope requirements), 95-8.9 (open space design requirements), and 95-6.10 (multifamily development requirements) of the Township Code, or any limitations or restrictions in the Township Code, that would prohibit a subdivision of the property into lots that will accommodate the affordable rental units as shown on the Concept Plan. The Diocese, or its successor-in interest, reserves the right to request relief from other Township ordinances, including but not limited to any Township ordinances that are unnecessarily cost-generative, in order to achieve and subsidize the 30% set-aside for affordable housing units intended to be developed on the property pursuant to this subsection.

The following sign regulations shall apply, and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for multifamily inclusionary development shall adhere to the requirements set forth in § 95-8.7H(1)(f), with the following exceptions:

All roadways within the mixed-use multifamily inclusionary development shall remain private and are the sole responsibility of the homeowners' association.

More than one multifamily attached building shall be permitted on a lot.

The following provisions set forth in Chapter 95 shall not apply to development in the AH-Diocese Affordable Housing Overlay District: §§ 95-6.10, 95-7.40, 95-8.3, 95-8.5D(2)(a), 95-8.6, and 95-8.9.

Residential dwellings within multifamily buildings. Thirty percent of the total number of units shall be set aside as non-age-restricted rental units affordable to very-low-, low-, and moderate-income families and individuals.

Off-street parking facilities and surface parking lots.

Common facilities and amenities, including: tot lots, clubhouse, community manager's office, swimming pools, hot tubs, grilling stations and other on-site recreational areas and facilities, maintenance building, common walkways, gazebos, sitting areas, picnic areas and gardens, enclosed dog park/run area, and other similar uses.

Patios, decks, terraces, and balconies.

Fences and walls.

Monument walls, with or without signage, at any entrance to a residential or commercial site.

Solid waste and recycling areas.

Signs.

Site lighting.

Other uses which are customarily incidental to a permitted principal use.

Temporary construction and sales trailers.

Public and private utility structures.

Maximum lot coverage: 60%.

Maximum building coverage: 20%.

Multifamily building height: 45 feet.

Principal building setbacks from property boundary:

Maximum building length: 215 feet.

Principal building to building setback: 40 feet.

Clubhouse building standards:

Two site-access driveways shall be permitted from Franklin Lane.

The number and size of parking spaces shall be consistent with the requirements of N.J.A.C. 5:21-1.1 et seq., known as the Residential Site Improvement Standards.

The number of parking spaces required for a clubhouse or amenity space shall be one parking space per 800 square feet of gross floor area. Shared parking between a clubhouse or amenity space and residential units is permitted.

No loading spaces are required.

Parking spaces and parking area setbacks:

Parking space dimensions shall be nine feet by 18 feet.

Landscape islands are not required in parking areas.

A maximum of 36 units shall be permitted in any one multifamily building.

Solid waste and recycling areas. No setback from the parking area, or from any yard, is required. The area shall be screened from view by either an enclosed six-foot chain-link fence with vinyl strips, or block, and shall have gated access.

Site lighting. The arrangement of exterior lighting shall adequately and safely illuminate parking areas, internal roadways, and walkways, and prevent glare to adjoining residential areas.

Landscape buffer. A landscaped buffer of 10 feet shall be provided along all side and rear lot lines, except that tract boundaries with wetlands buffers are exempt from any buffering requirements. Along the Franklin Lane frontage, shade trees shall be provided, separated 50 feet on center.

Open space. Open space of 60 square feet per residential unit shall be provided, and such areas shall include all wetlands, detention and retention basins, and all active or passive recreation improvements, but excluding a clubhouse. The standards of § 95-8.9 do not apply in this zone.

Recreation. Recreation area of 40 square feet per residential unit shall be provided, and the developer's obligation may be met by one or a combination of the following: community recreational facilities, pool, patio, clubhouse, playground, walking trails, and any other active or passive recreation improvements. The standards of § 95-8.9 do not apply in this zone.

Relief from design standards shall be considered exceptions pursuant to N.J.S.A. 40:55D-51b and not a variance.

Externally or internally illuminated project monument identification signs at each access drive, with a maximum height of eight feet, and a maximum area of 100 feet and set back 15 feet from the property boundary.

Ground-mounted directional and wayfinding signage with a maximum height of seven feet, and a maximum area of five square feet.

Temporary signage, including freestanding ground signs, flag signs, banner signs, or other signs advertising the availability of the residential units and/or directing the public to the development. Signs may be two-sided. Ground signs shall not exceed 25 square feet in area, per side, and eight feet in height above the ground. Flag signs shall not exceed 60 square feet in area, per side, and shall not exceed 22 feet in height above the ground. Banner signs may span the width of temporary fencing or the building they are mounted on. The text per each sign may include the community project name, developer name, logos, and advertising and informational text. Temporary signage is permitted until the development reaches 95% occupancy.

Supporting elements, posts, and architectural features are not included in sign area.

Any signage otherwise permitted in a residential district.

Thirty percent of the total number of units shall be set aside as non-age-restricted rental units affordable to very-low-, low- and moderate-income families and individuals. The affordable units can be located in a single building to allow for efficient management and operation. The affordable units shall comply with the applicable regulations of the New Jersey Council on Affordable Housing, including the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and all other applicable laws, including a requirement that 13% of all affordable units within each bedroom distribution are available to very-low-income households, and the affordable rental units shall be deed-restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit, unless and until the Township releases the controls on affordability.

All affordable units shall be affirmatively marketed in conformance with the UHAC, N.J.A.C. 5:80-26.15, or any successor regulation. All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new-construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a and 52:27D-311b, P.L. 2005, c. 350, and all other applicable laws.

Development may be phased, subject to compliance with N.J.A.C. 5:93-5.6(d).[13]

Wherever a standard in this subsection conflicts with a standard in the Land Development Ordinance, the standard herein shall apply.

Residential units shall be exempt from the square footage requirements of § 95-8.6C(15).

The standards of § 95-7.44 do not apply in this zone.

Principal uses:

Accessory uses:

There shall be a building setback of at least 35 feet along the perimeter of the tract. Within this thirty-five-foot perimeter setback, a vegetative buffer, which may include existing wooded areas in whole or in part, at the developer's option, with a minimum width of 20 feet, shall be provided.

Townhomes: 26 feet from the edge of pavement to the face of principal structure.

Multifamily, age-restricted, affordable apartments: 12 feet from pavement.

Chimneys, bay windows, or oriel overhangs are permitted to encroach into a front yard setback by a maximum of two feet.

Porches or stoops are permitted to encroach into a front yard setback by a maximum of six feet. A covered porch which encroaches into a front yard setback shall have a maximum height of 15 feet.

Townhomes: Side clearance: 25 feet between buildings; rear clearance: 50 feet between back of structures.

Multifamily, age-restricted, affordable apartments: Side setback: 35 feet between buildings; rear setback: 50 feet between buildings.

Chimneys, bay windows, or oriel overhangs are permitted to encroach into a side yard or rear yard setback by a maximum of two feet.

Decks and patios are permitted as follows:

Townhomes: 35 feet or 2 1/2 stories.

Multifamily, age-restricted, affordable apartments: 45 feet or three stories.

Townhomes: eight dwelling units per building.

Multifamily, age-restricted, affordable apartments: 60 units per building.

Common recreation facilities, consisting of any of the following: walking trails, playgrounds, athletic fields, courts or other such grounds shall be provided within the development at a ratio of 10 square feet per market-rate dwelling unit.

Off-street parking stalls shall have a minimum width of nine feet and a minimum depth of 18 feet.

All parking, garages and circulation shall be designated in accordance with the New Jersey Residential Site Improvement Standards (RSIS).

Waiver of Cost-Generative Measures pursuant to N.J.A.C. 5:93-10.1 et seq.[14] In order to permit the intended, agreed-upon development of the property, the Township agrees to abide by the COAH regulations against cost-generative measures as set forth at N.J.A.C. 5:93-10.1(b).[15] Specifically:

A minimum of 55 of the dwelling units shall be age-restricted and affordable to low- and moderate-income households in accordance with the Superior Court's January 21, 2020, Order entered In the Matter of the Application of the Township of Manalapan, County of Monmouth, Docket MON-L-2518-15, and in accordance with the Developer's Agreement between Woodward Estates LLC and Manalapan Township approved by the Township Committee on June 10, 2020.

All affordable units shall comply with the regulations of UHAC and/or the New Jersey Council on Affordable Housing ("COAH"), as may be applicable, including, but not limited to those concerning a) income qualification, b) controls on affordability for a period of 30 years, c) deed restrictions, d) bedroom distribution, e) low/moderate income split, f) affirmative marketing and g) handicap accessibility.

Pursuant to N.J.S.A. 52:27D-329.1, 13% of the affordable housing units of each bedroom type shall be reserved as very-low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC.

All affordable units shall be subject to deed restrictions on income limits for a period of not less than 30 years.

The affordable dwelling units shall be split equally between moderate-income units and low-income units.

In the event that an equal split of the affordable dwelling units between moderate- and low-income units results in a fraction of a unit, the additional unit shall be reserved for low-income households.

Any phasing of development of market-rate units in comparison to affordable units shall include the construction of affordable units in accordance with the schedule established by N.J.A.C. 5:93-5.6(d),[17] and in accordance with the phasing requirements of the Township's Affordable Housing Ordinance, found in this chapter. However, aside from phasing requirements for the construction of market-rate units to affordable units, the developer may phase any portion of the remaining development at its own discretion to be approved by the Planning Board.

Single-family detached housing.

Townhouses.

Multifamily housing for affordable units.

Business and professional offices, including medical offices.

Banks, including drive-through facilities and financial institutions.

Retail sales and services.

Neighborhood shopping center.

Personal services.

Pharmacies, including drive-through facilities.

Restaurants, Category One, Two and Three, including drive-through restaurants.

Off-street parking facilities.

Other uses which are customarily incidental to a permitted principal use.

Recreation areas and recreation facilities and buildings for the common use and enjoyment of residents, including but not limited to clubhouses, tennis courts, swimming pools, walking trails, dog park and other active and passive open spaces.

Fences and walls.

Patios, balconies and decks.

Pump stations.

Stormwater facilities.

Signs.

Gatehouse.

Public utilities.

Essential services.

Outdoor dining associated with permitted restaurant uses subject to the requirements of Chapter 157, Outdoor Dining.

Commercial deliveries, services, maintenance and access related to the operation of adjoining golf course facilities and the adjacent water tower. An access drive to such facilities may be provided on a separate lot located with the residential portion of the tract, provided that said lot has a minimum frontage and width of 30 feet and a minimum depth of 100 feet.

Flex space in accordance with § 95-6.23; except that § 95-6.23B shall not apply. The indoor storage of motor vehicles shall be a permitted use of flex space.

It is recognized that the overall tract may be subdivided for residential and commercial uses. These standards shall apply to the overall tract. If there are subdivided lots within the overall tract, there may be easements for vehicular and pedestrian access and circulation, shared parking and stormwater management facilities for the overall tract to permit the development of the AH-AP District as a comprehensive development.

The maximum number of dwelling units to be developed within the AH-AP District shall not exceed 129 units, of which 22% shall be set aside for low- and moderate-income households.

Minimum overall tract size is 20 acres.

The minimum open space standard shall be 20% of the gross overall tract.

Tract buffer: 20 feet. The following encroachments into the overall tract buffers are permitted:

Distance between single-family detached lot lines and multifamily structures: 30 feet.

Multiple principal buildings on a lot shall be permitted on lots with nonresidential uses, and residential uses with townhomes or multifamily buildings. The affordable housing units shall be on a separate subdivided lot within multifamily buildings.

Access from an inclusionary development to a public street may be provided via a shared driveway located on a lot to be developed for any other permitted principal use, provided it is built in accordance with specifications acceptable to the Township Engineer and provided further that the right to such access is established with a perpetual easement recorded in the Monmouth County Clerk's office or as otherwise permitted by law.

All roadways, sewer mains and water mains within the inclusionary development shall be public and are the sole responsibility of the Township.

The provisions of § 95-5.6D(6) shall apply except that where any portion of the thirty-five-foot greenbelt along Route 33 is subject to an easement for underground utilities, the specific landscaping and/or berming requirements referenced herein shall not apply. However, in no event shall any such easement area be used for other than open space purposes as defined herein. Retaining walls shall be allowed in the thirty-five-foot greenbelt.

Sidewalks shall not be required along Route 33 or Sawgrass Drive.

Minimum lot size: 5,000 square feet.

Minimum lot frontage: 50 feet (measured at setback line rather than at right-of-way line).

Minimum lot depth: 100 feet.

Maximum impervious lot coverage: 60%.

Maximum building coverage: 45%.

Principal structure:

Accessory structure:

Driveway: No part of any driveway shall be located within five feet of a side property line. The maximum driveway slope shall be 8%.

Standards applicable to overall townhouse development tract:

Minimum lot size: 2,400 square feet.

Minimum lot frontage: 24 feet.

Minimum lot depth: 100 feet.

Maximum impervious lot coverage: 80%.

Maximum building coverage: 65%.

Principal structure standards:

Other standards.

Minimum lot size: 40,000 square feet.

Maximum impervious lot coverage: 65%.

Maximum building coverage: 35%.

Principal structures:

Multifamily units may be provided in one or more structures on the same lot.

Minimum tract size: 80,000 square feet.

Minimum lot size: 40,000 square feet.

Minimum lot frontage (Route 33): 150 feet.

Maximum impervious lot coverage: 70%.

Maximum building coverage: 35%.

Principal structure:

All principal nonresidential structures shall be set back a minimum of 30 feet from any principal residential structure. This standard shall not apply to pre-existing nonconforming structures which remain on the site.

The commercial uses shall be allowed to satisfy parking standards through parking agreements with adjacent commercial lots.

Should any bulk standard herein conflict with any standard for flex space contained in § 95-6.23, the standards in § 95-6.23, except § 95-6.23B, shall control.

The permitted single-family detached homes and/or townhomes and the multifamily affordable housing units shall be considered an inclusionary development, and the construction of affordable housing shall be phased pursuant to COAH and UHAC (Uniform Housing Affordability Controls) standards. The nonresidential development may be phased. The affordable housing shall comply with all UHAC standards and shall be affirmatively marketed throughout the Region 4 by an Administrative Agent (as described in the UHAC regulations). Pursuant to N.J.S.A. 52:27D-329.1, 13% of the affordable units of each bedroom type shall be affordable to very-low-income households earning 30% of median income. Thirty-seven percent of the affordable units shall be affordable to low-income households. Up to 50% of the affordable units shall be affordable to moderate-income households.

For-sale affordable units shall have a minimum gross floor area requirement as follows: one bedroom: 800 square feet; two bedrooms: 900 square feet; and three bedrooms: 1,200 square feet.

The affordable units shall be governed by a minimum thirty-year deed restriction.

The affordable housing units shall not be age-restricted.

The market-rate housing and the affordable housing shall be exempt from development fees.

Residential units shall comply with the New Jersey Residential Site Improvement Standards (RSIS).

All other principal uses: see § 95-9.2B.

Residential inclusionary development shall adhere to the requirements set forth in § 95-8.7H(1)(f), with the exception that the inclusionary development may have an eight-foot-by-five-foot main entry monument sign of 40 square feet, provided that the ground sign: 1) is not internally illuminated; 2) is located outside of the sight triangle; 3) is set back a minimum of five feet from the right-of-way; and 4) includes no other advertising other than the name of the development.

All other permitted principal uses shall adhere to the requirements set forth in § 95-8.7H(4) for the C-3 Zone District.

The following provisions shall not apply to the AH-AP District: §§ 95-6.10, 95-8.3, 95-8.5B(1) and D(2), 95-8.9, and 222-22 through 222-28.

Whenever a standard in the AH-AP District conflicts with another standard in the Municipal Land Development Ordinance, the AH-AP District standard shall prevail.

Principal uses:

Accessory uses:

Minimum lot area: 14 acres.

Minimum front yard setback for principal structures: 80 feet.

Minimum side yard setback for principal structures: 30 feet.

Minimum rear yard setback for principal structures: 75 feet.

Maximum building height: 50 feet.

Maximum lot coverage: 60%.

Maximum density: eight units/acre.

Maximum units per building: 24 units.

Maximum building length: 175 feet.

Minimum distance between buildings: 30 feet.

Minimum distance between buildings and parking spaces: 10 feet.

Minimum distance between curb and property line: five feet.

No accessory structures are permitted in the front yard area. (Note: This requirement shall not apply to the community building or tot lot which shall be set back from the Route 33 corridor by a minimum of 75 feet.)

Minimum side yard setback for accessory structures: five feet.

Minimum rear yard setback for accessory structures: five feet.

Multifamily units may be provided in one or more structures on the same lot.

The affordable housing units shall not be age-restricted.

Off-street parking stalls shall have a minimum width of nine feet and a minimum depth of 18 feet.

All parking, garages and circulation shall be designated in accordance with the New Jersey Residential Site Improvement Standards (RSIS). No additional parking spaces are required for the community building.

The following sign regulations shall apply and shall supersede the sign standards set forth under § 95-5.6D(9). Instead, signage for this development shall adhere to the requirements set forth in § 95-8.7H(1)(f) with the following exceptions:

Waiver of cost generative measures pursuant to N.J.A.C. 5:93-10.1 et seq. In order to permit the intended agreed-upon development of the property, the Township agrees to abide by the COAH regulations against cost generative measures as set forth at N.J.A.C. 5:93-10.1(b). Specifically:

A landscaping plan prepared by a licensed landscape architect (LLA) licensed in the State of New Jersey. The plan shall be prepared with the following design principles in mind.

An overall recurring pattern of plant groupings and material shall be provided throughout the site, integrating the various elements of site design to create pleasing and identifiable site characteristics.

Landscaping shall include a plant palette consisting of deciduous and evergreen trees, shrubs, ground cover, perennials and annuals.

The use of native, salt-tolerant, deer-resistant material is encouraged. Monocultures of material will not be accepted.

Where existing natural growth is proposed to remain, the plans shall include methods, notes and details to protect existing trees and growth during and after construction.

Plant species variety shall selected with consideration given to different colors, textures, shapes, blossoms and foliage and should provide a four-season interest.

Landscaping shall be provided in public areas and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.

Plant selection shall be based upon the premises to provide material that will best serve the intended function and use as well as to provide materials appropriate for local soil conditions, water conservation and the environment.

The type and amount of plant material shall be varied throughout the development with accent given to site entrances. Consider massing trees at critical points.

Consideration shall be given as to the choice and location of plant materials in order to screen or create views, to define boundaries between private and common open space, to minimize noise, to articulate outdoor spaces and define circulation systems.

All proposed material shall be drawn to scale to reflect a fifteen-year to twenty-year growth. Planting schedules showing common and botanical names, installed and mature sizes and horticultural interest shall be provided along with applicable installation notes and details.

Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.

All trees shall be guaranteed for a minimum of one year from the time of planting by the applicant against death and disease.

Planting specification. Deciduous trees shall be at least 2 1/2 inches caliper at planting and should be balled and wrapped in burlap. Size of evergreens should be four feet tall and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced by the developer during the following planting season.

Pursuant to N.J.A.C. 5:80-26.1 ("UHAC"), UHAC does not apply to units qualifying for the federal low-income housing tax credit under Section 42 of the Internal Revenue Code. However, the affordable rental units shall comply with Subsections O(6)(b) through (f), below, as applicable. In addition, the affordable rental units shall have an affordability average, as defined in UHAC, which is no more than 52% of median income.

All affordable units shall be subject to deed restrictions on income limits for a period of not less than 30 years from the date that a certificate of occupancy issued for each of the affordable units. If this project is financed with low-income housing tax credits, then the HMFA required deed restriction shall be provided.

The affordable dwelling units shall be split equally between moderate-income units and low-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than 13% of the affordable housing units of each bedroom type shall be reserved as very-low-income housing units, as such term is defined in N.J.S.A. 52:27D-304 and the UHAC. No less than 37% of the affordable housing units of each bedroom type shall be available as low-income housing units and no less than 50% of the affordable housing units shall be available as moderate-income housing units, as such terms are defined in N.J.S.A. 52:27D-304 and the UHAC.

In the event that an equal split of the affordable dwelling units between moderate- and low-income units results in a fraction of a unit, the additional unit shall be reserved for low-income households.

All affordable units shall be affirmatively marketed in conformance with the UHAC, N.J.A.C. 5:80-26.15, or any successor regulation. The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), FSHC, the New Jersey State Conference of the NAACP, the Latino Action Network, the Trenton, Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, and Greater Long Branch branches of the NAACP, and the Supportive Housing Association, and shall, as part of its regional affirmative marketing strategies during its implementation of this subsection, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this paragraph.

All affordable units shall be subject to the bedroom distribution required by the UHAC, N.J.A.C. 5:80-26.3, or any successor regulation. All new construction affordable housing units shall be adaptable in conformance with N.J.S.A. 52:27D-311a and N.J.S.A. 52:27D-311b, P.L. 2005, c. 350 and all other applicable laws.

Requirements for principal buildings:

Requirements for accessory buildings or structures:

The cartway shall be a minimum of 34 feet. The approving authority in its discretion may require a minimum of 36 feet to better accommodate on-street parking.

The terminus of Lewis Street shall be improved with a cul-de-sac bulb, hammerhead, or other provision to allow for vehicles on the public roadway to turn around. The design and specifications shall be subject to the review and approval of the Township Engineer and Planning Board Engineer. If any portion of these improvements are to be constructed on private property, a corresponding easement shall be provided in favor of the Township.

A minimum of 2.0 off-street parking spaces shall be provided per dwelling unit.

Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited, and such prohibition shall run with the land as a restrictive deed covenant approved by the Township.

Guest parking shall be provided in a quantity and manner that is consistent with the Residential Site Improvement Standards (RSIS).

Private sheds and accessory structures to service the individual residential units shall not be permitted on the property, except as specifically approved by the Planning Board.

Provisions for the storage of trash and recyclables shall be subject to the review and approval of Planning Board. The use of a masonry dumpster enclosure of a sufficient size to service the development is preferred and encouraged. At the discretion of the Planning Board, sheds or storage structures for the storage of trash and recycling receptacles may be permitted in the front of the dwelling units, provided the structures do not exceed 36 square feet in area and six feet in height and comply with the twenty-four-foot front setback requirement and are adequately screened.

Fences shall not be permitted between the front facade of the dwelling units and the right-of-way line. Fence height shall not exceed six feet in the side and rear yard areas.

Ground-level patios may be permitted in the rear and front yard and shall not be less than 18 feet from any property line. All portions of patios shall be at least three feet from any building facade except that patios may abut the rear building facade of the dwelling unit serviced by the patio. A minimum separation of six feet shall be provided between adjacent patios, with no impervious cover permitted in this separation area.

The planned development is not required to meet the open space design and area specifications of § 95-8.9A, B, C, and D. A rear yard landscape buffer with a minimum width of 10 feet shall be provided. The required rear yard landscape buffer shall be landscaped with a reasonable quantity and variety of landscaping material. The provisions and requirements of § 95-8.5D (Buffering and screening) are not strictly applicable, but in designing the required landscape buffer, an effort shall be made to comply with the intent of the Township's requirements for buffering and screening. The design of the landscape buffer shall be subject to the review and approval of the Planning Board and its Engineer and Planner.

Each building lot shall have an improvable area suitable for the placement of the dwelling and related improvements.

Notwithstanding the provisions of § 95-7.7C, ordinary building projections shall not be permitted into the minimum required yards.

To provide flexibility in site layout, the approving authority may reduce the residential detention basin setbacks required pursuant to § 95-7.44.

The topography requirements of § 95-8.3C shall not apply to the planned development, except that the requirements relative to the establishment of the seasonal high water table (SHWT) and the separation between the SHWT and stormwater management facilities and the lowest floor of any principal building shall remain applicable.

The landscaping requirements of § 95-8.5 shall not apply to the planned development, but a reasonable quantity and variety of landscaping shall be provided within the required ten-foot landscape buffer and other open space areas on the site. The design of all landscaping shall be subject to the review and approval of the Planning Board and its Engineer and Planner.

The tree replacement requirements of § 222-26 shall not apply to the planned development.