The Zoning Map is hereby amended as follows:

The following lots, as indicated on the Tax Map of the Township of Ocean and on the attached excerpt from the Township of Ocean Zoning Map, dated August 9, 1994, shall be rezoned from R-1 to R-1 Planned Adult Community Option:

Block 1 Lots 14, 22, 22.01, 23, 24, 26 through 34, 38 through 42, 44 and 45.

The following lots, as indicated on the attached portion of Tax Map # 49 of the Township of Ocean dated July 19, 1994, shall be deleted from the O-1/80 zone and included in the C-5 Zone:

Block 141 lots 14 through 19

The following portions of Lots, as indicated on the attached portion of Tax Map #9 of the Township of Ocean dated July 19, 1994, shall be deleted from the O-1/80 zone and include in the C-4 Zone:

Block 141 Lots 1 and 7.01

Block 189 Lots 6 and 9, in their entirety, is rezoned from O-1/80 Office-Research-Limited Commercial Zone and C-3 General Commercial Zone to C-3 General Commercial Zone. [Amendment 3-15-1995 by Ord. No. 1696]

The rear of Block 137, Lot 22 will be rezoned from R-4 to C-3. The new zone line will run in a southerly direction from the western property line of Block 137, Lot 23 through Block 137, Lot 22 to the southern property line of Block 137, Lot 22.

The northwest corner of Block 137, Lot 22, will be rezoned from R-6 High Density Single Family Residential Zone to C-3 General Commercial Zone. The zone line shall be relocated to extend the C-3 zone line southward from the common lot line of Block 137, Lots 25 and 23, and eastward from the common lot line of lots 25 and 30 to a point where both lines intersect. [Amendment 8-21-1996 by Ord. No. 1746]

Block 33.15, Lot 1, Block 33.14, Lots 1 and 2, and Block 33.13, Lots 1, 29, 30, and 31 shall be rezoned from R-4 Medium Density Single Family Residential Zone to T-1 Transitional Offices/Residential Zone. [Amendment 8-21-1996 by Ord. No. 1746]

Block 1.02, Lots 63, 64, 65, 66, and 67 shall be rezoned from AR-3/PRD Affordable Housing Zone to T-1 Transitional Office/Residential Zone. [Amendment 8-21-1996 by Ord. No. 1746]

The Shrewsbury River Islands are hereby zoned SRI - Recreation Activities Zone.

The northwest corner of Block 137, Lot 22 will be rezoned from R-6 High Density Single Family Residential Zone to C-3 General Commercial Zone. The zone line shall be relocated to extend the C-3 zone line southward from the common lot line of Block 137, Lots 25 and 23 to the northerly lot line of Lot 21; from that point westerly along the common lot line of Lots 22 and 21 to the eastern lot line of Lot 30. [Amendment 9-18-1996 by Ord. No. 1748]

Rezone Block 142 Lot 7 from I-1 to R-3.

Include all portions of Block 1 Lot 17 which are located a distance of 750 feet or more from the right-of-way of Green Grove Road within the R-1 PAC Overlay Zone. [Amendment 2-19-1997 by Ord. No. 1764]

Rezone Block 1.02 Lot 55 from I-1 to AR-3/PRD [Amendment 10-8-1997 by Ord. No. 1781]

The Official Zoning Map is hereby amended to include within the C-3 General Commercial Zone, all portions of Block 140 Lot 65 which are located west of the existing brook which extends north/south through Lot 65 from Logan Road to English Lane. [Amendment 2-18-1998 by Ord. No. 1793]

The Official Zoning Map is hereby amended to create a Planned Adult Community Overlay in the O-2 and adjacent R-3 Zones the following lots:

The Official Zoning Map is hereby amended to add the following lots to the Planned Adult Community Overlay in the O-2 Zone:

The Official Zoning Map is hereby amended to include:

The Official Zoning Map is hereby amended to create a Planned Adult Community Overlay in the O-2 and adjacent R-3 Zones the following lots:

The Official Zoning Map is hereby amended to add the following lots to the Planned Adult Community Overlay in the O-2 Zone:

The Official Zoning Map is hereby amended to create a Senior Citizen Apartment Overlay in the O-2 Zone on the following lots:

The Official Zoning Map is hereby amended to include:

The Official Zoning Map is hereby amended to create a Commercial Development Option Overlay in the O-1/80 and adjacent R-1T Zones on the following lots, as shown on the attached map:

The Official Zoning Map is hereby amended to create a Single Family Court Cluster Overlay Zone or the following lots:

The Official Zoning Map is hereby amended to delete a Single Family Court Cluster Overlay Zone on the following lots:

The Official Zoning Map is hereby amended as follows:

The following areas shall be changed as described below and shown on the following map: Change the underling zoning for the area that is currently approved for the "Cedar Village" Planned Adult Community from O-2 to R-3 and change the overlay zone for that same area from O-2 PAC Overlay to R-3 PAC Overlay:

Change the underlying zoning for the balance of the O-2 Zone between Route 18, Route 66 and Bowne Road from O-2 to O-1/20.

Change the entire area currently designated as the O-2 SCA Overlay Option to the O-1/20 SCA Overlay Option;

Add the following to the O-1/20 SCA Overlay Option - Block 153 Lot 80 & that portion of Block 152 Lot 2 that is east of the southerly extension of the eastern lot line of Block 152 Lot 3.

Add Block 38 Lots 91 and 92 to the O-1/20 Zone.

Designate Block 149.01 Lot 1.01 as O-1/20 PAC.

In addition to the above, in order to clarify a drafting error on the Zoning Map, change the designation of Block 33.17 Lot 2 from T-1 to C-3.

The Official Zoning Map is hereby amended as follows:

Change of the underlying zoning for Block 33, Lot 19.01 from a combination of O-180 and R-1T to C-7 (Community Mixed-Use District).

The Official Zoning Map is hereby amended as follows:

The entirety of Block 182 Lot 85 is added to the C-2 Highway Commercial Zone. [Amendment 9-28-2005 by Ord. No. 2031]

The Official Zoning Map is hereby amended as follows:

The entirety of Block 3 Lot 16 is removed from the O-1/80 Zone and added to the C-3 General Commercial Zone. [Amendment 12-19-2005 by Ord. No. 2034]

The Official Zoning Map, Subsection 21-18 is hereby amended as follows:

The entirety of Block 3, Lot 16, is removed from the O-1/80 Zone and added to the C-2 General Commercial Zone. [Amendment 1-7-2008 by Ord. No. 2083]

The Official Zoning Map is hereby amended to create an "Alternative Single-Family Overlay Residential Option" in the R-3 Zone on the following lots:

Block 25.15 Lots 37, 38, 42, 44 & 45

The Official Zoning Map is hereby amended:

Whereas, the Township Committee of the Township of Ocean, Monmouth County, entered into a settlement of a Mount Laurel law suit known as Martelli at Wayside, LLC v. Township of Ocean, et al., Docket No. MON-L-5221-09 ("Litigation"),

Whereas, as part of the settlement, the Township and developer agreed to create an overlay zone for the property known and designated as Lots 33, 33.01, 34, 35, and 36 in Block 37.16 ("Tract"),

Whereas, the overlay zone would permit single-family development in the R-2 Zone on smaller lots at a higher density than presently what is permitted in the R-2 Zone,

Whereas, in furtherance of the settlement agreement in connection with the Litigation, the Township Committee proposes the following overlay zone established in § 21-24A, R-2 High Density Single Family Residential Overlay Zone, for the above referenced Tract.

The Official Zoning Map is hereby amended to create:

"Planned Adult Community Development Option 2" in the R-1 Zone on the following lots:

Block 35 lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 46.

The Official Zoning Map shall be amended to add:

The Official Zoning Map is hereby amended to create a "Multifamily Residential Zone, MIR-1" on the following lots:

Block 1.02 Lots 52.01, 53.01, 54.01

The Official Zoning Map is hereby amended to create: AH-G Affordable Housing Golf Course Residential Inclusionary Overlay Zone in the R-1 and adjacent R-2 and R-3 Zones on the following lots:

The Zoning Map shall be amended to add "CBO - Cannabis Business Overlay Zone (see Section 21-39A,a)" at the bottom of the Legend.

There is no limit as to the total number of units to be constructed in the zone in which the principal tract is located.

In the event that there is a limit to the total number of units that can be constructed in the zone, the total number of units permitted on the principal tract shall not exceed the sum of Subsections a and b above, less any units that exist or have been approved for construction on other tracts in the subject zone.

The proposed development substantially complies with the bulk requirements for the zone for the specific permitted use.

For clarification of this requirement, it is understood that many developments require one or more "bulk" variances, and that the provisions of the MLUL with regard to the granting of "bulk" variances may be applicable in certain circumstances. However, it is the intent of this provision to require developments that substantially comply with the "bulk" provisions of this subsection for the specific use, rather than to relax those standards for the sole purpose of allowing the number of units calculated above to be constructed on the site. More specifically, it is the intent of this provision of the subsection that the "appropriate population density" of the principal tract is the lesser of that which is calculated above, and that which may reasonably be constructed on the principal tract utilizing the bulk criteria for the specific use in the specific zone.

Single family residential dwellings within a non-cluster or a cluster development.

Family day care home.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies and first aid squads.

Public utility installations.

House of Worship.

Public and parochial schools.

Farms.

Satellite antenna dishes greater than one meter in diameter.

Golf course/country clubs.

Rehabilitation and vocational training center for the physically and/or neurologically disabled.

Principal buildings.

Accessory buildings, structures and uses.

General requirements and provisions for cluster residential development.

The purpose of this subsection is to provide a method of development for residential land which will nevertheless preserve desirable open spaces, including floodplain areas, recreation and park areas and lands for other public purposes, by reducing the lot sizes without increasing the number of lots permitted.

Principal buildings.

Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards of accessory buildings and uses in the non-cluster arrangement.

Adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and

West Park Avenue east of Green Grove Road and west of Route 18, and Green Grove Road for its entire length within the Township are improved sufficiently to accommodate traffic from the development, to the satisfaction of the Planning Board, or are to be improved to the satisfaction of the Planning Board by the applicant.

The gross residential density shall not exceed 2.5 dwelling units per acre of gross lot area, but in no case shall the total number of units in any PAC exceed 370. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire Planned Adult Community development parcel.

The developer shall reserve no less than 25% of the site for recreation and open space purposes. A minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for recreation and open space purposes. This land may be utilized for the provision of "facilities and services specifically designed to meet the physical or social needs of older persons" as required for a PAC. The location shall be approved by the Planning Board. Title to all reserved or common land shall be held in fee simple by the Homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.

A Homeowners' association shall be required to be established by a Master Deed. Said deed shall require that the Homeowners' association establish and maintain "significant facilities and services specifically designed to meet the physical or social needs of older persons" as required by the Federal Fair Housing Act. No more than 25% of the units in a PAC shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:

A PAC shall be of a size not less than 50 acres.

A PAC shall have a minimum frontage of 1,000 feet on Green Grove Road. Vehicular access shall be permitted from both Green Grove Road and West Park Avenue, provided that any access drive on West Park Avenue is a minimum of 750 feet from the intersection of West Park Avenue and Green Grove Road and provided there is a minimum of 600 feet of sight distance along West Park Avenue in either direction.

Multiple road accesses from any PAC onto Green Grove Road shall be separated by at least 800 feet of frontage.

(Reserved) [Deleted 12-3-1997 by Ord. No. 1786]

Dwelling Units shall be detached single-family dwelling units or duplex units attached on a common lot line. No more than 50% of the total units shall be duplex units. The development shall utilize the following standards:

Adequate public sewers are available, or are to be made available by the developer, to serve the proposed development; and,

There shall be no more than one access drive to Green Grove Road., and only one emergency access to West Park Avenue.

Minimum area of the Planned Adult Community shall be 60 acres. The residential density shall not be exceed one dwelling unit per gross acre, but in no case shall the total number of units in the PAC-2 Overlay Option exceed 75 units.

Any parcels within the PAC-2 Overlay Option zone that are not included as a part of a Planned Adult Community development shall be subject to the use and bulk requirements of the underlying R-1 Zone.

A minimum of 50% of the total tract area shall remain as undeveloped open space. Required buffer areas shall be considered developed area, and shall not be considered as undeveloped open space.

A minimum buffer, fifty-foot wide, shall be provided along all perimeter property lines. The buffer shall include a berm varying in height from two feet to five feet a solid screen of evergreen trees and shrubs, and a mixture of deciduous trees and shrubs. Where undisturbed natural vegetation exists, the Planning Board may waive the requirement for the berm in order to preserve the natural vegetation, but may still require supplementary vegetation to provide adequate screening. The applicant may also construct fencing in a buffer where deemed appropriate by the Planning Board, and the Planning Board reserves the right to require fencing in those locations where it deems such fencing to be necessary to provide adequate screening for adjacent residential properties.

A Homeowner's Association shall be required to be established by a Master Deed. Said deed shall require that the Homeowner's Association operate and maintain recreation facilities and maintain all commonly owned or commonly utilized properties and/or improvements including, but not limited to, streets and circulation drives, curbs, walkways, parking areas, site lighting, storm drain collection and utility service systems, buffers, open spaces and stormwater management facilities. Recreational facilities shall be provided and shall be available only to members of the Homeowner's Association and their guests, and shall not be available for use to the general public. No more than 25% of the units in a development shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:

Principal buildings shall be limited to detached single family residences, and shall be subject to the following standards.

Accessory buildings and structures.

Additional requirements.

Landscaping requirements.

Maintenance requirements.

Manner of providing affordable housing. Affordable housing shall be provided off tract through a payment in lieu of constructing affordable units on-site. The amount of an in lieu payment shall be subject to a developer's agreement executed with the Township providing for the payment of the sum of $1,800,000 based on the approval of 75 market rate units to be constructed on-tract ($24,000 x 75 approved market rate units = $1,800,000). The final payment shall be $24,000 times the number of approved market rate units.

Scope of construction or in lieu payment. Any development shall provide an in lieu payment of $1,800,000 ($24,000 x 75 approved market rate units), which payment shall be deposited in the municipal Affordable Housing Trust Fund to be used for the provision of off-site affordable housing in accordance with the Township's adopted Housing Element and Fair Share Plan, as may be amended.

Timing of in lieu payments. The in lieu affordable housing payment shall be delivered as follows:

No in lieu affordable housing payments are due prior to the issuance of the building permit for the first six market rate units. A payment of $24,000 shall be provided prior to the issuance of any Certificate of Occupancy for each of those first six units. Subsequent to the issuance of building permits for the first six units, a payment of $24,000 per unit shall be made prior to the issuance of a building permit for the balance of market rate units approved.

Single family residential dwellings within a non-cluster or a cluster development.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of Worship.

Public and parochial schools.

Satellite antenna dishes greater than one meter in diameter.

Principal buildings.

Accessory buildings, structures and uses.

General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-21.2 b.1 of this section.

Principal buildings.

Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards of accessory buildings and uses in the non-cluster arrangement.

Buffering from abutting nonresidential zones, sensitive environmental areas and arterial roads shall be considered as important factors in reviewing applications for cluster development.

The R-1T and contiguous O-1/80 Commercial Development Option parcels are developed as a single, integrated development.

The provisions of Subsection 21-42.4 shall govern any such development.

Single family residential dwellings within a non-cluster or a cluster development.

Family day care home.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of worship.

Public schools, parochial schools and boarding schools.

Satellite antenna dishes greater than one meter in diameter.

Community recreation center.

Principal buildings.

Accessory buildings, structures, and uses.

General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-22.2b.1 of this section.

Principal buildings.

Accessory buildings and uses. All necessary buildings and uses in a cluster arrangement shall conform to the development standards for accessory buildings and uses in the non-cluster arrangement.

Single-family residential dwellings.

Fences in accordance with § 21-48.

Private decks.

Private patios, pools and sheds.

Development identification sign. Two permitted and located at least two feet beyond any proposed right-of-way line. If the identification sign is located on property not owned by a homeowner's association, easements must be provided for sign locations. The identification sign shall have a maximum area of 20 square feet and a height of five feet.

Development gate house, not to exceed 150 square feet, provided that the road servicing the development is a private road. If the road servicing the development is a public right-of-way, no gate house is permitted. A height of 15 feet is permitted for the gate house.

Principal buildings.

Accessory structures.

Single family residential dwellings within a non-cluster or a cluster development.

Family day care home:

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of worship.

Public and parochial schools.

Satellite antenna dishes greater than one meter in diameter.

Community recreation center.

Principal buildings.

Accessory buildings, structures, and uses.

General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-22.2b.1 of this chapter.

Principal buildings.

Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards for accessory buildings and uses in the non-cluster arrangement.

Adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and

Normal vehicular access is restricted to/from N.J. Route 66 except that emergency access only to/from the site may be provided from Bowne Road via Center Street or through the approved emergency access strip which connects Block 153 Lot 70 with Dune Road in the Hampton's development to the immediate west.

The gross residential density shall not exceed 2.5 dwelling units per acre of gross lot area. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire planned adult community development parcel. However, in no case shall the total number of units in the PAC Overlay Zone exceed 345.

The developer shall reserve no less than 25% of the site for recreation and open space purposes. A minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for recreation and open space purposes. This land may be utilized for the provision of "facilities and services specifically designed to meet the physical or social needs of older persons" as required for a PAC. The location shall be approved by the Planning Board. Title to all reserved or common land shall be held in fee simple by the Homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.

A Homeowners' association shall be required to be established by a Master Deed. Said deed shall require that the Homeowners' association establish and maintain "significant facilities and services specifically designed to meet the physical or social needs of older persons" as required by the Federal Fair Housing Act. No more than 25% of the units in a PAC shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:

A PAC shall be of a size not less than 100 acres.

Dwelling units shall be detached single-family dwelling units. The development shall utilize the following standards:

Principal permitted uses and structures.

Accessory buildings and structures.

Principal buildings.

Other provisions and requirements.

Detached one-family dwelling.

Family day care home.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of Worship.

Public schools, parochial schools and boarding schools.

Senior citizen housing complex.

Satellite antenna dishes greater than one meter in diameter.

Community recreation center.

Principal buildings.

Accessory buildings, structures and uses.

Detached one-family dwelling.

Family day care home.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of worship.

Public and parochial schools.

Senior citizen housing complex.

Home professional offices.

Satellite antenna dishes greater than one meter in diameter.

Principal buildings.

Accessory buildings, structures and uses.

Detached one-family dwelling.

Family day care homes.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of Worship.

Public and parochial schools.

Satellite antenna dishes greater than one meter in diameter.

Principal buildings.

Accessory buildings, structures and uses.

Detached one-family dwelling.

Family day care homes.

Private garage, not to exceed two spaces.

Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

Private swimming pools and tennis courts.

Signs, subject to the special conditions of this chapter.

Fences and hedges subject to the special conditions of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of worship.

Public and parochial schools.

Satellite antenna dishes greater than one meter in diameter.

Principal buildings.

Accessory buildings, structures and uses.

Multifamily dwellings.

Family day care homes.

Private garage.

Buildings for tools and equipment for the maintenance of the grounds.

Swimming pools, tennis courts, clubhouses and similar recreational facilities for the occupants of the multifamily development.

Signs subject to the requirements of this chapter.

Fences and hedges subject to the requirements of this chapter.

Decks and open porches.

Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

Public utility installations.

House of worship.

Public and parochial schools.

Satellite antenna dishes greater than one meter in diameter.

Minimum lot area: 25 acres.

Minimum lot width: 500 feet.

Minimum lot depth: 500 feet.

Minimum front yard setback: 70 feet.

Minimum side yard setback: 50 feet (100 feet when adjacent to a single family residential use or zone).

Minimum rear yard setback: 50 feet.

Maximum lot coverage:

Building: 25% of total lot area.

Impervious: 50% of total lot area.

Maximum density: 10 units per acre.

Maximum building height: two stories above grade or 30 feet, whichever is less.

Minimum setback from pavement of internal public or private road or parking area: 25 feet.

Maximum number of units per structure: 16.

Maximum length of structure: 175 feet.

A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.

Minimum distance between buildings: 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.

There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses such as propane tanks shall be similarly enclosed.

There shall be a minimum buffer of 50 feet in width between any side or rear lot line that abuts an area zoned or used for single-family, industrial, commercial, or Federal or State highway use.

No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.

Accessory buildings shall conform to the height and setback requirements of the principal building.

Each principal building shall:

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that all curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.

There shall be no direct access of driveways from any dwelling unit onto a public street.

Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.

The same conditional uses that are permitted in the R-3 Zone.

Office uses.

The gross residential density shall not exceed 3.2 dwelling units per acre of gross lot area. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire planned residential development parcel.

The developer shall reserve no less than 25% of the site for open space purposes. No more than one-third shall be part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer; and a minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use under a cluster development. If the developer utilized the cluster development and the PRD option in combination, the minimum reservation for open space purposes shall be increased to 35% of the site. Title to all reserved or common land shall be held in fee simple by the homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.

A planned residential development shall be of a size not less than 35 acres.

The minimum width of the entire parcel containing a planned residential development shall not be less then 750 feet.

The minimum depth of the entire parcel containing a planned residential development shall not be less than 1,000 feet.

Multiple road accesses from any planned residential development onto any single street classified as a "major road" in the Township Master Plant shall be separated by at least 1,000 feet of frontage.

The total number of bedrooms in a planned residential development shall not exceed six bedrooms per acre of gross lot area.

Townhouse dwelling units shall utilize the following standards:

Be established before a certificate of occupancy has been issued for any dwelling unit in the townhouse development.

Make membership automatic and mandatory for each owner of a townhouse dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a townhouse dwelling unit in the development.

Guarantee access to all the common open space to all persons legally residing in the townhouse development and limit that access to the legal residents and their guests only. Every member of the association shall have a right and easement of enjoyment in and to the common open space.

Be responsible for liability insurance, taxes and the maintenance of the common open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.

Require owners of townhouse dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt, or ground rent or lien against the real property.

Be able to adjust the assessment to meet changing needs.

Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the townhouse development.

The developer shall convey title to the common open space area(s) to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area(s) or at such time as may be designated by the Planning Board of the Township of Ocean, which date shall be consistent with the policy expressed herein.

Detached one-family dwellings.

Affordable residential development.

Family day care homes.

Affordable apartment flats.

Accessory buildings, structures and uses for one-family dwellings the same as permitted in the R-3 Zone.

Accessory buildings, structures, and uses to service senior citizen housing and townhouse units including recreational facilities, club houses and the like.

Accessory buildings, structures and uses incidental to affordable apartment flat developments, either within, attached to or freestanding from residential buildings.

The same conditional uses that are permitted in the R-3 Zone subject to approval of the Planning Board and the special conditions of this chapter.

Indoor recreational facilities.

Senior independent living facilities.

The density of residential units in an affordable residential development shall not exceed 3.2 dwelling units per gross acre, of which market rate units shall have a density of no greater than 2.6 units per gross acre. The gross density may be increased to 3.4 units per acre where all affordable units are located in a senior citizen housing complex, and the additional .2 units per acre consist solely of affordable senior citizen housing units. Gross residential density shall be the total number of dwelling units divided by the acreage of the entire affordable residential development including dedicated areas, common areas and open space.

The developer shall reserve no less than 25% of the site for open space purposes. No more 1/3 than reserved open space shall be part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer; and a minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use under a cluster development. If the developer utilized the cluster development and the PRD option in combination, the minimum reservation for open space purpose shall be increased to 35% of the site. Title to all reserved or common land shall be held in fee simple by the homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.

An affordable residential development shall be of a size not less than 25 acres.

The minimum width of the entire parcel containing an affordable residential development shall not be less than 400 feet.

The minimum depth of the entire parcel containing an affordable residential development shall not be less than 1,000 feet.

Multiple road accesses from any affordable residential development onto any single street classified as a "major road" in the Township Master Plan shall be separated by at least 1,000 feet of frontage.

Road access shall be prohibited from any affordable residential development into any of the following single family residential streets in order to protect the single family residential character of the area: Lynn Drive, Frederick Drive, Joel Road, and Hanley Road.

Bedrooms.

Single-family detached development shall utilize the lot area, lot width, lot depth, building setback and height, and lot coverage development standards for both principal and accessory buildings as required of cluster single family units in an R-3 Zone.

Townhouse dwelling units including affordable townhouse dwelling units, shall utilize the following standards:

Senior citizen housing complexes.

Maintenance. All lands not deeded and accepted by the municipality shall be subject to the provisions of Subsection 21-31.2b.8(o)(17).

Provision of low and moderate-income housing. A minimum of 20% of all dwelling units in an affordable housing development shall be affordable to and occupied by low and moderate-income families and at least 1/2 of these shall be affordable to and occupied by low-income families as defined by State of New Jersey Council on Affordable Housing.

However, at the discretion of the Planning Board of the Township of Ocean, a developer may make a contribution towards the future construction of low and moderate-income housing in lieu of the actual construction of such housing. The contribution may be in the form of cash, site improvements or land donation and must meet all of the following criteria:

Bulk requirements.

Accessory buildings shall conform to the height and setback requirements of the principal building.

No unit shall have more than two bedrooms except that affordable units may have three bedrooms per unit up to the number of units necessary to comply with New Jersey Council On Affordable Housing (COAH) regulations, UHAC regulations or to fulfill HMFA's low-income housing tax credit (LIHTC) funding requirement. The only exception would be that one unit may be specified for an on-site superintendant or for management purposes.

The total number of units to be affordable units shall be based on applicable COAH regulations. More specifically, if the development is intended to address Round 2 COAH regulations, a minimum of 15% of the total units shall be affordable units. If the development is intended to address Round 3 COAH regulations, a minimum of 20% of the units shall be affordable units. In the event the applicant proposes to provide affordable housing units by expanding an existing facility the applicant shall calculate the affordable obligation as a percentage of the existing market units and add that product to the total.

The provision of affordable units shall be based on a plan approved by the appropriate Municipal Agency. The affordable housing units shall comply with all applicable COAH and UHAC regulations including but not limited to those regulations concerning pricing; bedroom distribution; the statutory requirement for 13% of the units be reserved for very low-income households and the low/moderate income split such that the affordable units shall be at least 13% very low income, at least 37% low income and no more than 50% moderate income; affirmative marketing and ongoing monitoring.

An existing approved senior independent living facility may be converted to affordable apartment flats either by including affordable units in the existing facility or by expanding the facility to include affordable units. In either event, the COAH required percentage of affordable two bedroom and three bedroom units must be provided or bonded for prior to such conversion as described below. In the event the applicant chooses to provide affordable housing units within the existing building, without expansion of the building, the applicant must bond for the minimum number of three bedroom units required by COAH until such time as existing units are modified to provide the required number of three bedroom units. The amount of the bond shall be determined by the Township Engineer based on plans provided by the applicant, and shall be equivalent to the cost of converting existing units to the required number of three bedroom units. In the event that the applicant chooses to expand the existing building by adding new units, the applicant shall bond for the minimum required number of three bedroom units until such time as the new three bedroom units are constructed and have received a certificate of occupancy. The amount of the bond shall be determined by the Township Engineer, and shall be equivalent to the cost of construction of the required number of three bedroom units based on plans provided by the applicant. The remaining required affordable units must be made available for rent from existing units at the COAH determined rent levels until such time as any new affordable units are constructed and have received a Certificate of Occupancy. Recreational amenities shall be provided on site to accommodate anticipated families with children. Such amenities shall include play equipment for children and may also include such amenities as a swimming pool, courts for games, and sitting areas for adults.

Occupants of 1/2 of all lower income units shall meet the State of New Jersey Council on Affordable Housing eligibility requirements for low-income families and one-half shall meet eligibility requirements for moderate-income families.

The developer shall agree not to impose age restrictions upon the occupants of any low and moderate-income unit, except as to specified senior citizen housing.

Sales prices. The initial sales price of all low and moderate-income housing units should not exceed the affordability of households earning 90% of the ceiling income of low income and moderate-income households, respectively, as defined in Subsection a1. The sales price shall be calculated assuming that a family, earning 90% of the respective ceiling income, will spend 28% of its gross income on mortgage, taxes, insurance and homeowners' association fees, assuming a thirty-year fixed rate mortgage at prevailing rates. The initial sales price of a unit shall be verified by the Township Housing Administrator, or other authorized designee of the Township Council in the absence of a Housing Administrator, in writing prior to a unit being offered for sale.

Rental prices. The maximum initial monthly rent of a unit shall not exceed 25% of a qualifying family's income when utilities are not included and 30% of a qualifying family's income when utilities are included.

All lower income dwelling units shall be required to have covenants running with the land to control the resale price of for sale units or to employ other legal mechanisms which shall be approved by the Township Attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income.

The owner of all rental units shall provide legal documentation, to be approved by the Township Attorney, to assure that rental units will remain affordable to persons of lower income.

In the event that no low or moderate income purchaser is found within 120 days, after the unit is listed for sale with a realtor and the housing administrator is notified in writing of such listing, the low-income unit may be sold to a moderate income purchaser or, if none is available within an additional 14 days, to any interested purchaser, and the moderate-income unit to any interested purchaser. Regardless of the income of a purchaser, the sales price of a unit shall not increase more than permitted in Subsection d6. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the housing administrator prior to resale. Resale controls shall remain in effect for any subsequent resales.

The Township and the applicant may develop reasonable priorities and qualifications for occupants of lower income housing, provided that Township residents and persons employed within the Township residents and persons employed within the Township shall be entitled to first priority for all affordable housing units for a period of 30 business days from the time such units are listed for sale or resale, or made available for rent. Selection procedures shall be directed and administered by a Township Official appointed each year as the Housing Administrator by the Township or, in the alternative, the Township may arrange for third party administration of resale and tenant selection of affordable housing.

The developer shall formulate and implement a written affirmative marketing plan acceptable to the Township Council. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.

Sales prices and rents may be increased in accordance with the guidelines issued by the State of New Jersey Council on Affordable Housing. In the absence of such guidelines, increases shall be based on the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor. The increase will be computed by comparing the Index at the time of purchase to the Index at the time of sale and increasing the price of the unit by the same proportionate increase. Reimbursements for documented monetary outlays for reasonable improvements to the unit will also be permitted, provided that such improvements have been approved by the Housing Administrator prior to construction.

Resale and rental controls shall remain in effect for the life of the unit or until such time as the Township determines that the need for the unit no longer exists. Such a determination shall be made by means of a periodic review of the Township's Master Plan Housing Element as mandated by the New Jersey Municipal Land Use Law.

Schedule for Phasing:

Any development for which a subdivision or site plan has been approved shall be considered a single development for purposes of Subsection e regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township Attorney, setting forth the requirements for low and moderate-income housing unit.

Multifamily dwellings.

Townhouse dwellings.

Private garage, car shed, and parking lots.

Decks, balconies and open porches.

Buildings for tools and equipment for the maintenance of the grounds.

Management office.

Clubhouse or social hall for residents and their guests.

Outdoor recreational uses for residents and their guests.

Fences and hedges subject to the requirements of this chapter.

Signs subject to the requirements of this chapter.

Satellite antenna less than one meter in diameter.

Other customary accessory uses and structures which are clearly incidental to the principal structures and use.

Within 200 feet of a property line of a single family detached use: two stories above grade: 35 feet.

In other locations on the site: three stories above grade: 45 feet.

Accessory buildings: one story above grade: 25 feet.

Between principal buildings: 50 feet.

Between principal and accessory buildings: 15 feet.

Between accessory buildings: 15 feet.

Adjacent to an existing single family detached use: 50 feet.

Adjacent to any other use (except no buffer is required adjacent to the westerly property line.): 15 feet.

Recreational amenities shall be provided on site to accommodate anticipated families with children. Such amenities shall include play equipment for children and may also include such amenities as a swimming pool, courts for games, and sitting areas for adults.

There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.

There shall be no direct access of driveways from any dwelling onto a public street.

All vehicular access, except emergency access if required by the Township Fire Marshal or otherwise required by law, to the development must be via Cindy Lane or extension of Cindy Lane.

Parking shall be in accordance with RSIS.

Townhouses.

Multifamily apartment flats designed to appear as a townhouse.

Private residential off-street parking subject to the requirements of this chapter.

Decks and open porches subject to the requirements of this chapter.

Outdoor recreational uses for residents and their guests.

Fences and hedges.

Satellite dish antennas attached to a principal structure, not to exceed three feet in diameter or extend above the top of the roof of the building.

Other customary accessory uses and structures that are clearly incidental to the principal structures and uses.

Twenty percent of the total number of dwellings produced shall be affordable to low- and moderate-income households and in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, with the one UHAC exception to very-low-income units required in Subsection c3 below.

At least 53% of the total number of affordable units produced shall be affordable to low-income households, including very-low-income households. The remaining 47% may be affordable to moderate-income households.

At least 13% of the total number of affordable units produced shall be affordable to very-low-income households pursuant to N.J.S.A. 52:27D-329.1.

The affordable units shall not be age restricted.

Each affordable unit shall have at least one bedroom with a minimum of 150 square feet and all other required bedrooms shall have at least 100 square feet.

Public utility installations.

Minimum setback from all public roads: 100 feet.

Minimum setback from pavement of internal public or private road or parking area: 20 feet.

Minimum setback from perimeter property lines of entire site: 100 feet.

Maximum lot coverage:

Minimum width per unit: 20 feet.

Maximum building height: two stories above grade or 35 feet, whichever is less.

Maximum number of units per structure:

Minimum number of units per structure:

Maximum length of structure: 150 feet.

Minimum interior storage area per unit: 700 cubic feet. Required storage space shall have a minimum vertical clearance of five feet and shall be located in a basement, attic or attached storage room and shall not include garage or closets.

Minimum distance between buildings: 85 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.

Minimum number of outside accesses per unit: two.

Other provisions.