Toms River City Zoning Code

Planned unit developments shall only be permitted on parcels having a minimum area of 20 acres. The nonresidential component of a planned unit development shall occupy a minimum of 50% of the total area of the site and shall consist of a minimum of 150 square feet of gross floor area for each dwelling unit in the planned unit development.

All nonresidential uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4.

Other conditional uses listed in the RHB District shall not be permitted in a planned unit development, except that bulk storage of fuel used solely in conjunction with a retail or wholesale outlet may be included in the commercial component of a PUD as part of the conditional use approval of the PUD.

The residential component of the planned unit development shall not exceed 50% of the total site area, and the number of dwelling units in the entire development shall not exceed the product of the land area of the residential component multiplied by the maximum density of the residential component of 7.2 units per acre. Wetland transition areas may be included in the calculation of allowable residential units, but wetland areas as regulated and defined by the New Jersey Department of Environmental Protection shall not be included in the calculation of allowable residential units.

Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection D above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings and three-bedroom units that are deed-restricted as affordable shall not be included in the overall calculation of average bedroom density.

At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.

In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. Construction permits shall not be issued for more than 80% of the total dwelling units in the planned unit development unless construction permits have been issued for at least 80% of the required nonresidential component of the development, as set forth in Subsection A above.

Open space, pedestrian, vehicular and bicycle networks shall be coordinated with the circulation and open space objectives of the Township, with particular attention given to areas that may be in centers as may be designated by the State Planning Commission through the plan endorsement process.

Building height: 35 feet and two stories. May be increased to three stories, provided the density, impervious coverage, and lot coverage by building limitations established in this zoning district are not exceeded. The height of buildings with one or more floors devoted to retail, office or commercial use in a planned unit development shall be governed by § 348-10.27E(8).

A minimum of 15% of the residential component of the plan shall be set aside for open space. Open space to be created within the planned unit development shall be suitable for passive or active recreation uses and may include wetlands and forested areas that are valuable for the protection of the natural environment. Such required open space shall be located entirely within the residential component of the plan.

Any development approval of a planned unit development by the approving authority shall contain a condition mandating a deed restriction to enforce the requirements set forth in this section.