Tinton Falls City Zoning Code
§ 40-36
SUPPLEMENTAL STANDARDS.
[Ord. No. 11-1314 § 9; 12-3-2024 by Ord. No. 2024-1518; Adopting Ordinance (see Ch. AO)]
A.
Cluster Development and Lot Size Averaging.
1.
The purpose of this section is to provide two methods of preserving land for private open spaces, common property, conservation areas, and floodplains and a variety of public uses such as school sites, recreation areas, parks, and other public purposes. These areas are able to be created by permitting, in cluster developments, a reduction in lot sizes without increasing the permitted number of lots or dwelling units. In lot size averaging, a reduction in the lot size of some lots is permitted provided one or more lot(s) are increased in size so the average lot size is maintained. Under lot size averaging, none of the lots created is intended for common property, but rather one or more of the larger lot(s) are then available for either various open space or public purposes, and/or a mix of lot sizes to serve the permitted uses.
2.
In any development where lot size averaging or cluster design is proposed, the applicant shall first prepare a scaled plan including delineated wetland, wetland buffers, and flood hazard areas that shall be properly buffered in conjunction with a standard subdivision lot design without variance. The number of approvable lots in the standard subdivision design without variance shall then be counted after which the development may be redesigned using the lot size averaging or cluster design so the development contains the same number of lots created in the standard subdivision design. If there is any question as to the suitability of any lot(s), and hence the number of lots in the development, the final number of lots will be based on an approved preliminary plat using the standard design.
3.
Developments using either cluster or lot size averaging may be approved in accordance with the following standards where cluster and lot size averaging are permitted under the zoning regulations:
a.
All uses shall be connected to approved and functioning central water and central sanitary sewer systems.
b.
The maximum number of lots, or dwelling units, or gross floor area shall be as set forth for the zoning district(s) in which the property is located.
c.
Where required, the minimum percent of the total tract to be set aside for open space, common property or public areas, excluding street rights-of-way, shall be as set forth in the zoning requirements.
d.
Where common property is being created, a homeowners' association shall be required for the ownership and maintenance of the property.
4.
Lands offered to the Borough shall meet the following requirements:
a.
The minimum size shall be three acres of accessible, usable uplands.
b.
It shall be an integral part of the development and located to best suit the purpose(s) for which it is intended.
c.
Every parcel accepted by the Borough shall be conveyed by deed at the time final plat approval is granted.
d.
Lands offered to the Borough shall be subject to approval by the Governing Body or School Board after recommendation by the Board. Neither the Governing Body nor the School Board is obligated to accept any offer to dedicate land. The Board shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of lands. The Board may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
B.
Design Option for Industrial or Office Parks on Tracts of 20 or More Acres.
1.
Any proposal to develop three or more lots or principal uses on a tract of 20 contiguous acres or more may provide a comprehensive plan for the entire tract according to the definition of "industrial/office park."
2.
In such a plan, the permitted lot and/or building coverage and/or floor area ratio may be calculated and applied to the entire park so as to allow individual lots and/or tenant's parcels to exceed the maximum coverage(s) and maximum floor area ratios (but not more than 65% lot coverage and not more than a 0.40 floor area ratio in any event), provided that other parcels are either undeveloped, or dedicated to school or other public use, or developed with less than the maximums so that the maximum coverage and/or floor area ratio for the entire tract is not exceeded.
3.
Lots or tenant's parcels in such a development shall have a deed restriction indicating the appropriate limitation(s) on lot size, floor area ratio, and/or lot coverage (as appropriate) and the fact that each site was part of a larger, comprehensive development in which lot sizes and intensities of development were averaged throughout the development with the subject lot designed for the approved size, intensity and coverage as part of the larger plan.
4.
For lots less than two acres:
a.
Lot area.
(1)
Average: two acres.
(2)
Minimum: one acre.
b.
Minimum lot width and depth: 150 feet.
c.
Minimum side and rear yards: two times the building height.
d.
Minimum front yard: 50 feet.
e.
Minimum setback from the centerline of any existing or proposed electric company's transmission/distribution supply line or electric substations shall be 200 feet. This setback shall not apply to 13 kv local service lines or service connections into individual buildings.
5.
No lots less than the average lot size may be subdivided until a sufficient number of lots exceeding the average lot size have been subdivided in order to maintain the minimum average lot size. In any event, no more than half the total number of resulting lots may be less than the average lot size.
C.
Recreation Areas.
1.
Any cluster development or other planned residential or mixed use development subject to GDP approval shall make provision for a dedication of land and improvements for recreation facilities.
2.
Recreation Improvements. Recreation facilities shall comply with the following. The primary goal is to develop the recreation areas on-site, but alternative sites may be offered by the developer and accepted by the Borough provided the objectives of this section are met:
a.
Developments located on sites identified for recreation facilities on various plans set forth in the adopted Master Plan shall be designed to implement the Master Plan. Where the developer does not wish to create the recreation area as common property, the developer may use a lot size averaging design and offer the properly sized property to the Borough for public purposes.
b.
The location and type of recreation improvements shall be a determination of the Board based on recommendations by the developer and the Board's consideration of the site's location and size, duplication of nearby recreation facilities, and the physical features of the land. The location for recreation improvements shall be suitable for the intended purpose(s) considering road access, slope, drainage, proximity to residences, lighting (if any), the size of the total tract, and the size of the recreation site.
c.
Active recreation uses shall be planned to avoid the following: land with final grades greater than 10% or such lesser slopes that would preclude the installation of the intended facility; stormwater detention basins; areas closer than 200 feet to the centerline of electric poles carrying more than 13 Kv; and designated wetland or wetland buffer areas.
d.
The developer shall be responsible for the following: providing the recreation site; grading the recreation site so it has positive drainage, but achieving an appropriate level condition for the activity(ies); landscaping the area and providing the required buffer area adjacent to residential development; and installing the appropriate facilities as shown on an approved site plan. Improvements shall be designed to meet regulation size(s) for the designated fields, courts, and other activities, and shall be improved with the appropriate grading, seed or sod, blacktop, fencing, lighting (if any), and related facilities such as, but not limited to, standards and baskets for basketball, nets and fencing for tennis, infield dirt and outfield grass for baseball and softball, turf and goal posts for soccer and football, paved walkways, parking areas, bicycle racks, player benches, and water supply for drinking, sanitary and irrigation purposes.
e.
The minimum area required for recreation purposes shall be as follows, except that CCRC and AR Zone developments have separate standards:
(1)
In residential developments the following minimum percentages of the gross tract area shall be dedicated to recreation use, except that no area shall be less than the area set forth in Paragraph (2) below:
Dwelling Type | Number of Dwelling Units | ||
|---|---|---|---|
R-1 and RA Districts: | |||
Single-family | 20-30 | 31-100 | 101+ |
Apartment, townhouse and other multifamily | 40-60 | 61-200 | 201+ |
Recreational requirement | 1.5 acres | 3.5% | 3.25% |
R-2 Districts: | |||
Single-family | 20-30 | 31-100 | 101+ |
Apartment, townhouse and other multifamily | 40-60 | 61-200 | 201+ |
Recreational requirement | 1.5 acres | 4.50% | 4.25% |
R-3 and R-4 Districts: | |||
Single-family | 20-30 | 31-100 | 101+ |
Apartment, townhouse and other multifamily | 40-60 | 61-200 | 201+ |
Recreational requirement | 1.5 acres | 5.50% | 5.25% |
(2)
The minimum tract size for recreation shall be the larger of either 2.0 acres, with no dimension less than 200 feet, or two times the minimum area required for the standard footprint of the specific recreation facility(ies) in order to provide spectator areas, parking areas, and space for foul balls, landscaping, and minimizing nuisances and hazards on adjoining lots and streets. If a site is to be offered to the Borough for a public facility at no cost to the Borough, the minimum size shall be three acres with no dimension less than 300 feet.
f.
Each recreation area shall have its major frontage on a street and shall have no more than 1/2 its perimeter abutting a lot line of a residential use. Where a recreation area abuts residences there shall be a planted buffer area at least 25 feet wide, planted consistent with the Borough's buffer standards. Said buffer area shall not be counted as meeting the minimum acreage required for the recreation area.
g.
For purposes of this chapter, a tot lot shall not be permitted as a stand-alone facility, but a tot lot may be one of several improvements within, and as part of, a larger facility.
h.
The recreational facilities to be provided shall be field and/or court games of such number as appropriate for the size of the development, the size and dimensions of site on which the facilities are to be located, and the proximity of other recreation facilities. In the CCRC or AR Zones, the recreation requirement may be met by providing an on-site club house, community building, or similar facility containing rooms for social functions, meetings and the like whether these are included in a freestanding building or as an integral part of the floor plan of an apartment complex.
i.
Where swimming pools are constructed, they shall remain a homeowners' association facility and shall not be offered for dedication to the Borough.
j.
The method of preserving the recreation areas for their intended purposes shall be a determination of the Board and may be by easement, deed restriction, dedication to the Borough or other governmental agency, a homeowners' association, or other means of perpetual dedication acceptable to the Board.
D.
Variety in Housing Design. There is required variety in the exterior design and appearance of single-family homes. The uniformity in the exterior design and appearance of buildings in the same residential neighborhood affects the desirability of the area for residential purposes. It is the intention of this section to require different styles of housing and/or sufficient modification in the exterior design and/or siting of the same style of single-family home so that monotonous repetition will not occur. Accordingly, no construction permit shall be issued for the erection of any single-family residence unless it significantly differs from any adjoining residence or the residence across the street in at least seven of the following respects:
1.
Variation in the architectural style, e.g., Victorian, Colonial, Craftsman, Queen Anne, etc.
2.
Variation in building design, such as: two-story, one-story, side-to-side split-level, front-to-rear split-level, etc.
3.
Variation in roof designs, e.g., flat, hip, gable, mansard, etc.,
4.
Variation in roof pitch.
5.
Provision of dormer windows.
6.
Variation in the height of eave line and the length of eave projection.
7.
Variation in the color and material of the (street) facade.
8.
Variation in massing of the (street) facade:
a.
"Projections" such as stairwells, bay windows, balconies, porches, etc.
b.
"Voids" such as porches, balconies, etc.
c.
Stepped facades.
9.
Variation in the location of garages, the location of garage doors, and the color and design of garage doors.
10.
Variation of the color, design, and materials of the trim and other architectural ornamentation.
11.
Variation in the placement, design, and color of windows and doors.
12.
Variation in the surface area of all openings (windows and doors), as a percentage of the surface area of the (street) facade.
13.
Variation in the height materials used in the treatment of building foundation at the (street) facade.
14.
Garages shall be alternated between locations at the front, rear or either side of the building and/or alternate the garage door to face either the side lot line or the rear lot line.
15.
Different housing styles, e.g., two-story, one-story, side-to-side split level, front-to-rear split level, etc.
E.
Continuing Care Retirement Community (CCRC) Zone Requirements. Continuing Care Retirement Community (CCRC) Zone development shall meet the following requirements.
1.
The Board may require the applicant to provide a list of all certificates, licenses and other types of approvals required to be issued by agencies of the State of New Jersey for the purpose of operating and developing a CCRC, together with periodic updated information on the status of each, and the final certificate of occupancy shall be withheld until the required State approvals are issued.
2.
A CCRC facility shall be the place or places in which a person undertakes to provide "continuing care" to an individual. For purposes of this chapter, "continuing care" means the provision of lodging and nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges. An individual who is provided continuing care is one who is not related by consanguinity or affinity to the person who provides the care.
3.
The minimum age shall be 55 for every occupant.
4.
The minimum tract size for an overall development shall be 100 acres, and for a development that is developed in two or more phases, each phase of the development shall contain at least 25 acres.
5.
The overall development of a CCRC shall include apartment-style, independent living units, and may include buildings connected by covered/enclosed walkways within the areas separating the buildings. The number of independent living units shall number at least 1,000, with a maximum of 2,000 independent living units. A CCRC that is developed in two or more phases shall have at least 375 independent living units in each phase.
6.
The CCRC shall include assisted living units containing private bath facilities and providing for congregate care dining facilities. These units may be in addition to the independent living units in Paragraph E.5 above. A minimum of 75 assisted living units shall be included in the first phase of the development.
7.
The CCRC shall also include a health care center which shall provide twenty-four-hour skilled nursing services and may also include an outpatient clinic, therapy areas, and other medical facilities for the use of residents and employees of the CCRC. These facilities shall be in addition to the independent living units in Paragraph E.5 above. A minimum of 75 skilled care beds shall be included in, and be completed as part of, and no later than, the end of the second phase of the development. The balance of the skilled care beds shall be completed prior to, or as part of, the completion of the last phase of the development.
8.
All facilities on site shall be for the primary use by residents, their guests, and/or employees.
9.
The overall development shall provide at least 40,000 square feet of improved, outdoor recreation area in either a single location, or divided into no more than three separate, but smaller areas. At least 1/3 of this space shall be constructed as part of the first phase of the development and the entire requirement shall be completed prior to 80% of the development being completed.
10.
The CCRC shall dedicate at least 100 square feet of interior space per independent living unit for accessory uses, such as, but not limited to, meeting rooms; social rooms; doctors' offices; indoor and outdoor recreation areas; restaurants, congregate dining facilities, and snack bars; retail and personal services for the convenience of residents, employees and guests; lecture halls; library; places of worship; hobby and various craft, health, exercise or vocational activities; classrooms; post office; banks; news and entertainment centers; and swimming pools as well as facilities related to the operation of the facility such as, but not limited to, administrative offices; food and record storage areas; property maintenance facilities; radio and satellite dish antennas; non-age restricted day care center for relatives of employees; and security operations. Said dedicated space shall not include the corridors in residential areas nor shall it include any garaged parking spaces.
11.
Notwithstanding anything contained in this chapter to the contrary:
a.
Building alterations, which involve the combination and modification of residential units and do not involve a change in the size of the gross floor area, or the building foundation, or do not require additional parking or additional building area, shall not require site plan approval.
b.
Six-foot-high ornamental metal fencing and gates shall be permitted along the front yard.
c.
Eight-foot-high chain link fencing shall be permitted along the side and rear lot lines, and, where screened by landscaping or wooded areas, along the front lot line.
d.
Parking spaces may not be located more than 400 feet from the entrance of the building which they serve and need not be located on the same lot as the building which they serve.
e.
Parking stalls 17 1/2 feet in length shall be permitted in parking structures.
f.
Buildings, structures and parking spaces may be located within buffer and critical environmental areas, provided that they comply with applicable NJDEP regulations pertaining to such areas; and
g.
The CCRC shall not be subject to the stormwater management requirements of this chapter, provided that it complies with all applicable NJDEP requirements pertaining to stormwater management.
12.
The District Bulk Regulations set forth at the end of this chapter shall govern the density, bulk and yard requirements for the CCRC.[1] In addition, the following shall apply:
Minimum Setback from: | Feet |
|---|---|
Public Right-of-Way | 125 |
Exterior Perimeter Lot Line | 50 |
Internal Phase Lot Line | 0 |
Wetland | 0 |
Wetland Buffer | 0 |
Slopes > 15% | 0 |
[1]
Editor's Note: See Schedule B, District Bulk Regulations, which is included as an attachment to this chapter.
F.
(Reserved)[2]
[2]
Editor's Note: Former Subsection 40-36F, AARZ Active Adult Redevelopment Zone Requirements, previously codified herein, was repealed in its entirety by Ord. No. 11-1323.
G.
Age Restricted (AR) Zone Requirements. Age Restricted (AR) Zone development shall meet the following requirements:
1.
Such a community shall be permitted provided that the site is connected to adequate public water and sewer.
2.
The minimum age of residents shall be 55 years of age consistent with the Fair Housing Act and provided that no children under 19 years of age are permitted to reside in the community in permanent residence. Appropriate restrictive covenants shall be placed on all deeds to any and all portions of the property to ensure compliance with these age restrictions.
3.
The following standards shall apply for an Age Restricted Community:
a.
Minimum tract size: 50 acres.
b.
Minimum lot width: 1,000 feet.
c.
Minimum tract perimeter buffer: 50 feet.
d.
Maximum density: 2.5 units per acre.
e.
The entire tract shall be under the ownership of one entity for purposes of obtaining all required development approvals and committing the tract to the requirements of the active adult community option. Upon approval of the tract for development no further development will be permitted and appropriate restrictions will be incorporated in the approval.
f.
Permitted Uses:
(1)
Detached single-family dwellings pursuant to R-3 Zone standards, provided the required setbacks are measured from the perimeter buffer.
(2)
Townhouses, duplex and other plex units pursuant to the conditional use standards for townhouses, duplex and other plex units.
g.
Accessory structures and buildings are not permitted on single-family lots except for patios and first floor decks which conform to this chapter. The homeowners' association shall record a master deed and bylaws with a permanent prohibition on accessory structures and buildings except for patios and first floor decks.
h.
Outdoor parking and storage of recreational vehicles (as defined in this chapter) or boats shall not be permitted anywhere within an age restricted community.
i.
There shall be within each dwelling unit adequate area for the temporary storage of solid waste and recyclable materials.
j.
Each dwelling unit shall have a two-car garage. Such garage shall not be permitted to be converted to living space.
k.
Minimum Open Space: 30%. At least 1/3 of this open space area shall be located outside of wetlands, wetlands buffers, stream corridors and steep slopes.
l.
A comprehensive open space and recreation plan shall be prepared and approved by the Planning Board which shall include all proposed passive and active recreational space and facilities. The open space and recreation areas shall have a minimum contiguous area of not less than 1.5 acres. All open space and recreational areas shall be dedicated to a homeowners' association. No more than 35% of the housing units within the active adult community shall receive construction permits prior to the active recreation facilities being fully constructed and operational. The facilities shall include:
(1)
A community clubhouse with a minimum area equal to 12 square feet for each housing unit within the age restricted community. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, restrooms and other such accommodations proposed by the applicant and deemed appropriate by the Board.
(2)
A swimming pool of at least 12 square feet for each housing unit.
(3)
Outdoor recreational facilities such as putting green, bocce courts, tennis courts, etc. geared toward active adults shall also be provided. Any recreational facility shall be utilized only by residents of the age restricted community or their guests, and shall not be available to the general public.
(4)
Parking for the above facilities in the amount of one parking space for each 200 square feet of building area.
(5)
The above facilities shall be located no closer than 50 feet to a residential structure.
m.
A homeowners' association established shall be responsible for owning, maintaining, and repairing all common areas in the community. All residents in the community shall be required to be members of the association. This requirement shall be set forth in the contract of sale and deed for each unit as well as in any public offering statement required by State law.
n.
Landscaping. All lawn areas and planting beds shall be served by sprinklers. In order to insure the consistent and continued operation of the sprinkler system, the maintenance and cost of the operation (including water) of sprinkler systems shall be borne by the homeowners association. All other landscaping shall conform to the requirements of this chapter.
o.
Low- and moderate-income housing. A 25% set-aside of low- and moderate-income housing units shall be required.
H.
Inclusionary Zones (R-3 or R-4) Requirements. Inclusionary (R-3-I or R-4-A) Zones development shall meet the following requirements.
1.
Excluding any parking requirements specifically required for the community clubhouse, parking shall be governed by the New Jersey Residential Site Improvement Standards (RSIS).
2.
Each dwelling unit shall have an adequate area for the indoor storage of solid waste and recyclable materials.
3.
All open space and recreational areas shall be owned and managed by a management entity acceptable to the Planning Board. No more than 50% of the housing units within the community shall receive certificates of occupancy prior to the active recreational facilities being fully constructed and operational. The facilities shall include:
a.
A community clubhouse with a minimum area equal to 12 square feet for each housing unit within the community. Facilities within the clubhouse shall include an all purpose room, restrooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board.
b.
A swimming pool of at least six square feet for each housing unit.
c.
Additional outdoor recreational facilities may include a putting green, bocce courts and tennis courts, etc. Any recreational facility shall be utilized only by residents of the community or their guests, and shall not be available to the general public.
d.
Parking for the community clubhouse in the amount of one parking space for each 300 square feet of building area.
e.
The above facilities shall be located no closer than 50 feet to a residential structure.
f.
The management entity shall be responsible for owning, maintaining, and repairing all improvements in the community.
g.
Other applicable design and performance standards. Other applicable design and performance standards, in addition to those noted above, and contained in the Borough's Land Use Ordinance shall apply unless specifically modified by this subsection.
I.
Assisted Living Residence Requirements. Assisted living residences shall meet the following requirements:
1.
The minimum age shall be 62 for every occupant.
2.
The building shall provide apartment-style housing and congregate dining and assure that supportive personal and health services are available to residents 24 hours per day. Apartments shall offer, at a minimum, one furnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
3.
The applicant shall include with the proposal a listing of all certificates and/or licenses required to be issued by the State of New Jersey, such as, but not limited to, the Department of Community Affairs and the Department of Health, together with the status of each. In the event any State certificates, licenses, or other State approvals have not been received, Borough approval shall be conditioned on the receipt of such State approvals.
4.
The maximum density shall be 30 units per acre with the size of the development being at least 60 dwelling units, but not more than 150 dwelling units.
