South Toms River City Zoning Code
§ 26-35.3
Standard of Development.
[1975 Code § 13-22.3]
a.
Each Planned Residential Development (hereinafter called PRD) shall have an initial size of not less than 75 adjacent and/or contiguous acres. Public roads shall not be deemed to divide acreage for this purpose.
A PRD shall be deemed "primarily residential" when not more than 5% of the area is for nonresidential use; the proposed nonresidential uses are integrated as accessory or demonstrated as compatible to the residential uses; and the proposed area for nonresidential uses does not exceed 10 acres.
b.
Permitted Uses.
1.
Dwelling uses in detached, semidetached, attached groups of attached or clustered or multi-storied structures, or any combination thereof.
2.
Any nonresidential use, to the extent such nonresidential use is designed and intended to serve the residents of the PRD.
3.
Public and private educational and recreational facilities.
4.
If the applicant intends to request a modification of the minimum permitted uses prior to the initial submission of his plan of development, a separate statement outlining the reasons why such modification should be granted should be submitted to the Borough Council.
c.
Timing of Development.
1.
In order to establish a well balanced, orderly growth in the PRD, the timing of development among the various types of uses and subgroups thereunder shall be regulated by the Land Use Board and Borough Council in accordance with the time specified in schedules as may be more particularly hereinafter set forth.
2.
If the development and plan is approved in stages, each stage of development shall be computed prior to proceeding to the next stage, or adequate performance guarantees shall be posted to insure completion of improvements of each approved stage. Performance guarantees may be released in part by resolution of the Borough Council upon certification by the Borough Engineer that the guaranteed times are in accordance with all Borough regulations and planning requirements.
d.
Residential Density and Associated Standards.
1.
A PRD shall be permitted in any district within the Borough.
2.
Density and/or building intensity may be increased if the character of the development and/or amenities incorporated in the development warrant such increases; provided that in no case shall the overall density be increased in excess of the following requirements:
(a)
The maximum of 10 dwelling units per gross acre shall not be exceeded in the entire PRD.
(b)
A minimum lot size for single-family detached dwelling in the PRD shall be 14,000 square feet, and up to 30% of the required minimum lot size may be established as a common green area but not necessarily contiguous to the lot; the applicant shall be permitted to create a "clustered development" as that phrase is commonly referred to in the building industry.
(c)
A minimum of 30% of the area of the entire PRD shall remain in common open space.
(d)
Townhouses shall not exceed a maximum height of 35 feet. Single-family detached dwellings shall have not more than two stories.
(e)
For apartment dwellings there shall be no more than 30% apartments with more than one bedroom and of that amount no more than 25% of those apartments shall contain three bedrooms. All rooms other than kitchens, bathrooms and living rooms or the equivalent, whatever its name, shall be deemed to be bedrooms.
(f)
Not more than 20% of all units in the PRD shall be apartment units.
3.
Common areas shall consist of no more than 75% devoted to passive uses.