Minimum tract size: 40 acres.

Minimum tract access: two points of two-way vehicular access to the public road network.

Maximum density: seven dwelling units per acre.

Minimum building setback from any tract boundary: 75 feet.

Minimum perimeter landscaped buffer: 50 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 35%.

No house shall have the same facade as the house on either side of it or directly across the street.

Where side windows are not offset between adjacent houses by at least 3.5 feet (measured frame to frame, as projected directly across to the adjacent house), adequate landscaping will be provided in order to promote privacy.

A minimum of four different models shall be offered, with each model having at least two different elevations.

The restrictions set forth below as to cantilevered windows, patios and decks shall be incorporated.

No sheds or other ancillary structures shall be allowed.

Decks and patios shall be no higher than the first floor elevation of the subject home, shall not extend beyond the side walls, and shall be limited in width to 10 feet, except that decks may be no greater than 12 feet in width where the rear yard setback is nine or more feet. Width shall be measured from the rear wall of the dwelling.

Cantilevered bay windows shall be permitted to extend two feet into a required front yard or rear yard. The maximum width of a bay window shall be eight feet. Cantilevered windows shall be offset so that they are not directly opposite each other in adjacent homes.

At least 25% of the tract shall be reserved for open space and recreation uses.

Open space and recreation areas shall be located in appropriate locations and arranged in such a manner so as to further and foster the purposes of the planned retirement community.

All open space and recreation areas shall be dedicated for active or passive recreation or open space. Such areas shall be owned in common by residents of the planned retirement community and managed by a homeowner's association.

The open space and recreation area shall have a minimum contiguous area of not less than three acres and no portion thereof shall be less than 50 feet in width. Open space and recreation areas should be arranged to provide contiguity of open spaces.

A comprehensive recreation plan shall be prepared to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor and indoor tennis courts, shuffleboard courts, swimming pools, and seating areas.

The retirement community center shall be centrally located and easily accessible to all units. A comprehensive circulation plan shall be prepared to coordinate the road network, sidewalk layout and bikeways for the entire development with emphasis on access to the center.

The retirement community center may include but not be limited to cafeteria facilities, homeowners' association management offices, recreation and social activity rooms and offices, and a multipurpose room designed for social activities.

The retirement community center shall be no more than 1 1/2 stories and no more than 25 feet in height.

Within the planned retirement community, the applicant shall establish a homeowner's association.

Prior to final approval for the PRC, the landowner or developer shall furnish the Planning Board with the bylaws of the proposed homeowners' association organization, copies of any restrictions governing the homeowners' organization and the lands held by such homeowners' organization, as well as fully satisfying the Board with respect to the adequacy and prospects for financial stability of such homeowners' organization.

Included within the bylaws and restrictions establishing and governing the organization, there shall be provided a mandatory yearly audit of all accounts and all financial transactions of said organization by an independent certified public accountant of the State of New Jersey, and a copy of such audit shall be filed with the Borough of Pemberton Clerk as a public record within 90 days of the close of the fiscal year of the organization.

In addition, the bylaws and restrictions governing the organization shall provide that the trust officer of a banking institution licensed to do business in the State of New Jersey serve as a cosignatory with those members of the organization empowered to disburse funds and that no disbursement of funds be made without the cosignature of such trust officer.

Such homeowners' organization shall take ownership and assume maintenance of any common open space and shall assume responsibilities, including but not limited to garbage, trash and snow removal from the common properties only and general upkeep of all common open spaces.

The homeowners' organization shall not be dissolved nor shall it dispose of any common space by sale or otherwise without the approval of the Planning Board of the Borough of Pemberton. In the event that such homeowners' organization is dissolved or intends to dispose of any common open space, said lands shall first be offered for dedication to the municipality or any other appropriate local government agency. In no event may the lands set aside as common open space be sold, conveyed or disposed of except to the Borough of Pemberton as aforesaid or to another organization conceived and established to own and maintain the common open space.

In the event that the homeowners' organization established to own and maintain common open space or any successor organization shall at any time after the establishment of the PRC fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough of Pemberton may serve written notice upon such organization or upon the residents and owners of the PRC setting forth the manner in which the homeowners' organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiency or maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Borough of Pemberton may modify the terms and conditions of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or the extension thereof, the Borough of Pemberton, in order to preserve the taxable values of the properties within the PRC and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and the owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such homeowners' organization or to the residents and owners of the PRC, to be held by the municipal authority, at which hearing such organization or the residents and owners of the PRC shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the designated municipal body or officer, as the case may be, shall determine that such homeowners' organization is ready and able to maintain the open space in reasonable condition, the Borough of Pemberton shall cease to maintain the same. If the Borough of Pemberton shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough of Pemberton shall cease to maintain said common open space at the end of said year. If the Borough of Pemberton shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough of Pemberton may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough of Pemberton in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough of Pemberton shall be assessed ratably against the properties within the PRC and shall become a tax lien on said properties. The Borough of Pemberton, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the PRC.

The homeowner's association shall own and be responsible for the maintenance, repair, and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands shall include at a minimum all recreational areas, open space, and drainage facilities required by the reviewing board for the community.

In addition, all open space and recreation areas shall be protected by legal arrangements, satisfactory to the Planning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose. Covenants or other legal arrangements, including homeowner's associations, shall specify ownership of the area; method of maintenance; responsibility of maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain the area will not be dissolved without the consent of the Planning Board; and any other specifications deemed necessary by the Planning Board.

Each PRC shall provide appropriate security measures which may include gate houses, security patrols, and/or secured entries to the PRC.

Each assisted living facility and PRC shall be required to maintain an agreement for services for private ambulance service.

Each dwelling unit shall include two parking spaces measuring at least nine feet by 18 feet, and no portion of any parking space shall extend over any sidewalk or lot line. Up to one required parking space may be included in a garage.

Off-street parking for assisted living residences shall be provided at the rate of 0.75 spaces per bed.

Visitor parking shall be provided at the rate of 1/5 space per attached dwelling unit and shall be arranged in small groupings throughout the attached dwelling areas.