Zoneomics Logo
search icon

Toms River City Zoning Code

§ 348-10.34.1

PRC-4 Planned Retirement Community Zone.

[Added 2-22-1995 by Ord. No. 3084-95]
A. 
Permitted uses.
(1) 
Single-family dwellings, attached or detached, subject to provisions of Subsection E.
(2) 
Recreation, cultural and medical facilities for the sole use of residents of the community and their guests, including but not limited to the following:
(a) 
Lake.
(b) 
Clubhouse.
(c) 
Picnic grounds.
(d) 
Shuffleboard court.
(e) 
Horseshoe court.
(3) 
Essential services.
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults.
[Amended 11-26-2002 by Ord. No. 3748-02]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Tents subject to the provisions of § 348-8.37.
(2) 
Necessary accessory buildings and uses, including facilities for maintenance, administration, streets and off-street parking facilities.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (see § 348-9.6).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for a planned retirement community within the area which is in accordance with a site development plan and subdivision plat approved by the Planning Board. Such site development plan shall meet at least the following minimum requirements.
(1) 
Minimum use. The minimum area for a planned retirement community shall be 100 acres, provided that an area of less than 100 acres may be added to an existing planned retirement community if contiguous thereto and in compliance with the provisions of this chapter.
(2) 
Residential density. There shall be not more than four dwelling units for each acre of residential land planned and approved under this chapter.
(3) 
Residential building coverage. Not more than 20% of the gross area shall be covered by residential buildings.
(4) 
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building, except residential buildings may not exceed 20 feet in height and two usable floor levels counted vertically as above.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(5), setbacks from tract boundary, was repealed 10-14-2014 by Ord. No. 4459-14.
(6) 
Setbacks from public street right-of-way. No building or structure, other than an entrance guardhouse, walls or fences, shall be located within 200 feet from any state highway or within 100 feet of any other public street right-of-way. Nothing contained herein, however, shall prevent the construction of any temporary model homes in an appropriately designated display area, which model homes shall be located at least 100 feet from any existing public street right-of-way. No such model homes shall be occupied as a residence. Upon completion of the use of such structure as a model home, the structure shall be removed and appropriate steps shall be taken to adequately landscape the area on which the temporary model home(s) had been located.
(7) 
Off-street parking. At least the following number of off-street parking spaces shall be provided: two spaces for each dwelling unit. Off-street parking for any other purpose shall be in accordance with § 348-8.20. Residential driveways within a PRC-4 Zone shall comply with the setbacks of § 348-8.11.1D and any construction or expansion of a driveway shall require a zoning permit. Driveways constructed in a PRC-4 Zone prior to the effective date of this provision shall be exempt from the driveway setback requirements of § 348-8.11.1D.
[Amended 5-8-2018 by Ord. No. 4584-18]
(8) 
Minimum floor space per unit.
(a) 
One-bedroom unit: 800 square feet.
(b) 
Two-or-more-bedroom unit: 900 square feet.
(9) 
A maximum of 70% of the residential units shall have a minimum lot area of 5,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for each such residential unit. A minimum of 30% of the residential units shall have a minimum lot area of 6,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for residential unit.
(10) 
Front yards, side yards and rear yards. All buildings shall have front yard setbacks of not less than 25 feet, side yard setbacks of 10 feet and rear yard setbacks of 10 feet, except attached structures, which may have one side yard setback of zero feet. Accessory structures, except storage sheds less than 100 square feet in area, must comply with the above.
(11) 
Minimum width of residential unit. No residential unit shall be constructed having a width less than 22 feet.
(12) 
Access to state highway. Any planned residential retirement community must provide direct vehicular access to a state highway.
F. 
Water and sewage facilities. No individual wells or individual sewage disposal facilities shall be permitted. Each building shall be serviced with water and sewage facilities by a central supply or disposal system which is approved by the Township Board of Health, Toms River Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed.
G. 
Roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. The developer shall provide for the ownership and maintenance of all roadways, streams, parking areas, driveways, sidewalks and walkways. Such responsibility shall remain with the developer except that it may be transferred to an organization conceived and established to maintain the roadways, streams, lakes, parking areas, driveways, sidewalks and walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of the properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streams, lakes, parking areas, driveways, sidewalks and walkways in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Toms River Township Planning Board. Those provisions of § 348-8.9 of the Toms River Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, that the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units. A statement containing the provisions of this section shall be filed as part of the Declaration of Covenants, Conditions and Restrictions, which document is filed with the Clerk of Ocean County. In addition, any contract of sale to any prospective purchaser by the developer shall contain a provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
H. 
Private roadways. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approval by the Toms River Township Planning Board. The requirements of § 348-5.4A shall not be applicable.
I. 
Construction standards. Each residential unit may generally be rectangular in form, but shall be relieved by breaks in facade and apparent size by attached auto storage additions and porch-like additions. The main roof shall be pitched and shingled. Exterior walls shall look like wood or masonry regardless of composition. The foundation shall form a complete enclosure under the exterior walls. Setback of units shall not be uniform. Building orientation and type shall vary.
J. 
Age restrictions. Such development shall contain residential homes and recreational and cultural services for the benefit of the permanent residents who are persons 55 years of age or over. Nothing herein shall prohibit a spouse from residing in such a development having a density of 4.0 units per acre who is under the age of 55 years, provided that such spouse is married to a person who is a minimum of 55 years of age.
K. 
Services.
(1) 
The developer shall provide for recreational and cultural services for the sole use of the residents of the development and their guests, including but not limited to the following:
(a) 
Clubhouse.
(b) 
Picnic grounds.
(c) 
Shuffleboard court.
(d) 
Horseshoe court.
(2) 
The development shall provide for facilities for maintenance and administration of the development.
L. 
Clubhouse size and completion. There shall be at least one clubhouse or community building, which shall provide for at least six square feet of clubhouse space for each dwelling unit proposed. The clubhouse shall be completed, shall receive a certificate of occupancy and shall be in operation before the completion of a dwelling unit representing 25% of the total dwelling units to be constructed as set forth in the major subdivision, preliminary plat, excluding any units constructed and for which occupancy is limited to model purposes. The applicant shall post appropriate bonds to insure the construction of the clubhouse building.