Dwellings.

Recreational and cultural facilities for the sole use of residents and their guests, including at least one of each of the following: clubhouse, shuffleboard courts, picnic grounds and necessary accessory buildings for maintenance and administration. Provisions shall be made for off-street parking. The applicant may propose additional facilities; however, such facilities shall be for the sole purpose of enhancing the residential characteristics of the area, and no commercial advertising shall be permitted, except for advertising related to the sale of units in the residential community.

Definition. A "planned senior citizen residential community" (PSC) is defined as a development of a land area having a contiguous total acreage of at least 40 acres. Said land, through its corporation, association or owners, shall restrict use of the property therein by deed, covenants and restrictions of record and bylaws and rules and regulations for use of 50% of the units by permanent residents of 55 years of age or older. The ownership of the residential units and the area comprising the PSC may be by fee simple, with common land or open space to be maintained through assessments against property owners within the confines of said community or development, in accordance with the provisions of N.J.S.A. 46:8B-1 et seq., or as rental units.

Nonprofit homeowners' association. A nonprofit homeowners' association is an association of homeowners within a PSC to which all homeowners, by deed restrictions, covenants, restrictions, bylaws or otherwise, automatically belong and become members. The purpose of the association is to own, maintain and preserve the common lands, properties and facilities to be deeded to the owners or their association and to provide the basic services and administer the enforcing of the covenants, restrictions and bylaws, the costs thereof to be shared equitably by the homeowners.

Minimum area. The minimum area of a PSC shall be 40 acres.

Residential density. There shall be no more than eight dwelling units per acre.

Residential building coverage. No more than 20% of the total area shall be covered by residential buildings.

Open space. No less than 50% of the total area shall be devoted to open space as defined in this chapter.

Height of buildings. The maximum height of any habitable building shall be 20 feet.

Buildings and minimum gross floor area. Each building shall contain no more than six dwelling units. The minimum gross floor area for a unit shall be 600 square feet.

Setbacks. No building, other than entrance gate houses, walls and fences, shall be located within 50 feet of any exterior boundary line of the tract nor closer than 100 feet to any street classified as other than a local street in the adopted Master Plan of the Borough of Tuckerton.

Distance between buildings. There shall be a minimum distance of 12 feet between all buildings.

Roads. Interior roads shall be private streets and shall have a paved width of 28 feet and shall be constructed according to ordinance pertaining to roads for subdivision. Culs-de-sac shall have minimum radius of 50 feet.

Off-street parking. Two spaces for each dwelling unit plus one space per five dwellings for visitor parking shall be provided. Individual driveway connections to garages attached to a dwelling for purposes of this section shall be construed to meet this standard.

Front yards, side yards and rear yards. All buildings within a PSC development shall have a minimum front yard of 25 feet from the curb of a private street; and, further, no building shall be located within 25 feet of another.

Utilities. A PSC shall be serviced by common water supply and public sewerage system in accordance with local and state regulations, and the applicant shall grant public easements to the municipality or the Tuckerton Municipal Utility Authority (TMUA), or both, for all public utilities which shall be regulated and controlled by said municipality in accordance with its applicable ordinances.

No dwelling unit or other structure shall have a driveway connection to a public street.

All on-site, off-site and off-tract drainage shall be provided for in accordance with Borough ordinances pertaining to subdivision of lands,[1] as well as applicable state statutes and regulations. Documents required by this chapter shall provide that any common lands or open lands, recreational facilities and properties intended to be deeded or conveyed to a homeowners' association must be deeded to the nonprofit corporation of an analogous body immediately upon its incorporation and organization and must be free and clear of any encumbrances or liens at the time of passing of controls to the Board of Trustees.

Where a PSC is a fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or its equivalent.

Site and subdivision plan approval. No building permit shall be issued for the construction or use of any building in a PSC except in accordance with the approved site plan[2] and subdivision plat.

In order to preserve the existing planning scheme of the creeks of Tuckerton, all MDCD shall be a minimum distance of 200 feet from said creek beds and main arteries, with the exception of access drives, which may be approved by the Planning Board and which shall also apply to recreational areas. "Creeks" are defined as existing natural waterways.

Minimum lot area. An MDCD must consist of at least one or more contiguous tracts of land containing not less than five acres.

Schedules of limitations. Area, yard and building requirements shall be as specified in the schedule accompanying § 255-7 of this chapter applicable to the PSC Planned Senior Citizens Residential Development District, except that the minimum lot area requirement shall be five acres and the maximum height requirement shall be 2 1/2 stories (30 feet).

Unit density per acre. The number of dwelling units to be constructed on a tract of land for medium-density cluster development shall not exceed eight dwelling units per acre of gross area. "Gross area" is defined as the number of acres in the entire tract, excluding land under permanent bodies of water or flowing streams of water.

Units per structure. The number of dwelling units within each structure in a medium-density cluster development shall not exceed six per structure.

Maximum bedroom number. No dwelling unit in a medium-density cluster development shall be permitted with more than two bedrooms per unit.

Bedroom designation. All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area shall be considered bedrooms. Any dining room not directly accessible from and adjacent to the kitchen shall also be considered a bedroom.

Water and sewerage. All dwelling units shall be connected to approved and functioning water and sanitary sources prior to the issuance of a certificate of occupancy.[4]

Building coverage. Building coverage shall not exceed 20% of the entire tract area. However, where garages for each unit are to be constructed, building lot coverage may be increased to 25% of the entire tract area.

Width of units. No townhouse dwelling unit shall be less than 17 feet wide.

Parking.

On-site improvements. All street improvements, both internal and external, including grading and paving, driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures, recreational facilities and such other improvements as may be necessary to protect the public interest shall be installed at the expense of the developer and shall be completed in accordance with Borough ordinances.

Recreation area. A recreation area for use by the residents of the development shall be constructed by the developer. Land area equal to at least 250 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas. Such areas shall be an integral part of the development, and each shall be at least 10,000 square feet in size, at least 100 feet wide and have a grade less than 5%, with no improvement within 200 feet of creek. Where the medium-density cluster development ownership option for a 50/50 mix is selected, the recreational facilities shall provide activities for all age groups such as but not limited to tot-lots and basketball for the single-family unit activities and tennis, bocce, and shuffleboard for the age-restricted units. These facilities may be located in separate areas throughout the development or may be located in the same area, provided they are separated by buffers which shall include landscaping and fencing.

Architecture and design. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide a desirable visual environment through development techniques and good civic design and arrangement and to promote the conservation of open space and valuable natural resources and to prevent the degradation of the environment through improper use of land. The developer shall include in his plans consideration of appropriate landscaping techniques, building orientation to the site and to other structures, topography of the site, natural features of the site and individual dwelling unit design. The design of individual dwelling units shall provide for varying unit widths, staggering unit setbacks, differing exterior materials, changing roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.

Soundproofing. All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units, with a Sound Transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of each typical unit shall be required.

Landscaping. All portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading path, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Outside drying. No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.

Master antenna. No individual exterior television antennas shall be permitted, except that a master antenna for the development shall be permitted.

The developer shall provide for and establish an organization for the ownership and maintenance of all common open-space land. The organization shall be a nonprofit homeowners' corporation.

The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any units within the development.

Membership in the organization shall be mandatory for all residents of the MDCD.

The organization shall be responsible for maintenance of insurance and payment of taxes on common open space.

The members of the organization shall be responsible for bearing equitably the costs of maintaining and developing common open space in accordance with procedures established by them.

The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the MDCD fail to maintain the common space in reasonable order and condition, and/or in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents and owners of the MDCD, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that deficiencies of 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 may modify the terms 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 modification thereof shall not be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties from becoming a public nuisance, may enter upon said common open space and maintain the same for up to one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, the use of which shall be restricted to the residents of the MDCD who are members of the homeowners' corporation, except when the common open space is voluntarily dedicated to the public by the residents and owners and said dedication is accepted. Before the expiration of the one-year term, the Borough shall, upon its own 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 organization or to the residents and owners of the MDCD to show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough 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 in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed ratably against the properties within the MDCD that have a right of enjoyment of the common open space and shall become a tax lien on said properties.

Provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of buildings and structures; the quantity and location of common open space; and the intensity of use or the density of residential units shall run in favor of the Borough and shall be enforceable in law or in equity by the Borough without limitation on any power of regulation otherwise granted the Borough by law. The development plan shall specify which of its provisions run in favor of and are enforceable by the residents of the MDCD, and, in addition, the manner in which such residents may modify or release such rights.

The nonprofit homeowners' corporation shall be incorporated pursuant to the provisions of Title 15 of the New Jersey Statutes. The corporation shall be directed by a Board of Trustees of not fewer than seven nor more than 11 persons. The organization, procedures and duties of officers of the Board of Trustees shall be in accordance with bylaws initially approved by the Planning Board. Said bylaws shall provide a mechanism for amendment by favorable vote of a specified majority.

The initial Board of Trustees shall be appointed by the developer, and at least one member thereof shall be a resident of the development. In the event that there are not yet any residents at the time of appointment, at least one position shall be reserved for the later appointment of a resident, which appointment shall occur within 90 days of the first day of occupancy by a resident who is other than an employee of the developer.

The terms of the initial appointees of the Board of Trustees shall be staggered among terms of not less than one year and not more than three years. Thereafter, all appointed or elected terms shall be for a period of three years.

The developer shall have the exclusive right to nominate and elect the members of the Board of Trustees, or any number thereof, for a period of two years from the date of the first sale or until the occupancy of 75% of all proposed units is effectuated, whichever shall first occur; provided, however, that at least one member of the Board of Trustees shall be a resident of the development.

After more than 75% of all proposed units in the development are occupied or after two years from the date of the first sale, whichever shall first occur, the replacement of the members of the Board of Trustees who resign or whose terms expire shall be by election by the resident members; provided, however, that the developer shall be assigned at least two seats on the Board of Trustees, to which it may appoint a person of its choice until all the units in the proposed development have been occupied.

Regardless of the manner in which common open-space land is occupied or developed, all areas of the development which are not occupied by buildings, public streets or other required and/or approved public improvements, or by lots which are plotted for sale, shall be deeded to the homeowners' corporation for maintenance.

Total landscaped area shall be a minimum of 15% of the total lot area.

Wherever the property line of an occupied lot in the B-2 District abuts or is directly across a street from a residential zone, a buffer area of 15 feet is required.

The entire buffer area shall be planted with grass seed or sod and other shrubbery or trees.

The lagoon shall be soundly bulkheaded.

The edge of said lagoon shall not be within 30 feet of a public street.

The plans therefor shall have previously been submitted to the Borough Engineer and certified by him not to involve any unreasonably hazardous conditions with respect to private rights and property or to individuals or to navigation or to increase the risk of damage by storm.

Recognizing that waterfront cluster development uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Borough of Tuckerton and at the same time appreciating the fact that such uses may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. The standards and regulations which follow herein are intended to provide the Planning Board with a guide for reviewing applications for waterfront cluster development as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and which shall further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance for any use to which they are a condition of approval.

It shall be the underlying, basic requirement that, all other provisions notwithstanding, any development application pursuant to the MC/WC provisions shall be required to maintain an equal or greater number of boat slips than existed on the parcel prior to such development.

Boat dockage facilities. Boat dockage facilities shall be contained on site. Boat dockage facilities shall be bulkheaded and have a dock or a slip suitable for docking a personal pleasure craft. Each waterfront cluster development dwelling unit shall be provided with a minimum of one slip. Ownership of each slip shall be by the owner of each waterfront cluster development unit for which it has been constructed, it being the intention of this provision that ownership of each waterfront cluster development unit shall perpetually include ownership of the boat slip constructed to service said unit and that ownership of the slips cannot be separated from the dwelling units.

Minimum size of dockage facilities. Each boat dockage facility shall be a minimum of 25 feet for a parallel dock or 15 feet for a perpendicular slip.

Minimum lot area. An MC/WC must consist of at least one or more contiguous tracts of land containing not less than two acres in total acreage.

Schedules of limitations. The schedule of limitations provided by § 255-7 of the Borough of Tuckerton Code for the B-3 Zone is hereby made a part of this section providing for waterfront cluster development and shall be applicable to all waterfront cluster development construction including but not limited to the standards of minimum yard and bulk requirements.

Unit density per acre.

Units per structure. The number of dwelling units within each waterfront cluster development structure shall not exceed five per structure. Buildings shall be spaced a minimum of 25 feet between any two buildings.

Maximum bedroom number. No waterfront cluster development dwelling shall be permitted with more than two bedrooms per unit.

Bedroom designation. All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area shall be considered bedrooms. Any dining room not directly accessible from and adjacent to the kitchen shall also be considered a bedroom.

Water and sewerage. All dwelling units shall be connected to approved and functioning water and sanitary sources prior to the issuance of a certificate of occupancy.[1]

Width of units. No townhouse dwelling unit shall be less than 17 feet wide.

Parking.

On-site improvements. All street improvements, both internal and external, including grading and paving, driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures, recreational facilities and such other improvements as may be necessary to protect the public interest, shall be installed at the expense of the developer and shall be completed in accordance with Borough ordinance.

Recreation area. A recreation area for use by the residents of the development shall be constructed by the developer. Land area equal to at least 250 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation area. Such areas shall be an integral part of the development, and each shall be at least 5,000 square feet in size, at least 50 feet wide and have a grade of less than 5%.

Architecture and design. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide a desirable visual environment through development techniques and good civic design and arrangement and to promote the conservation of open space and valuable natural resources and to prevent the degradation of the environment through improper use of land. The developer shall include in his plans consideration of appropriate landscaping techniques, building orientation to the site and to other structures, topography of the site, natural features of the site and individual dwelling unit design. The design of individual dwelling units shall provide for varying unit widths, staggering unit setbacks, differing exterior materials, changing roof design, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.

Soundproofing. All residential buildings shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission Class 50 as tested by the American Society for Testing and Materials, E-90. Floor plans of each typical unit shall be required.

Landscaping. All portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations, such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Outside drying. No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling for the laundering and artificial drying of laundry of occupants of each dwelling unit.

Antennas. No exterior antennas shall be permitted.

Winterization. Each dwelling unit shall have the ability to be winterized without affecting another unit; for example, if the drain lines and/or waterlines of Unit A run through Unit B, Unit A can still function even if Unit B has no heat and is winterized.

Trash and refuse. All trash and refuse shall be kept in metal containers or the equivalent, to prevent scavenging by insects or wildlife.

Utilities. All utilities will be installed underground.

Fire walls. All residential buildings shall be designed and constructed with a fireproof barrier between adjoining units with a fire rating of a two-hour burn. Such walls shall extend to the roof of the structure.

The developer shall provide for and establish an organization for the ownership and maintenance of all common open-space land. The organization shall be a nonprofit homeowners' corporation.

The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any units within the development. After the sale, the developer's obligation shall be reduced ratably according to the number sold.

Membership in the organization shall be mandatory for all residents of the MC/WC.

The organization shall be responsible for maintenance of insurance and payment of taxes on common open space.

The members of the organization shall be responsible for bearing equitably the costs of maintaining and developing common open space in accordance with procedures established by them.

The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the MC/WC fail to maintain the common space in reasonable order and condition and/or in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents and owners of the MC/WC setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that deficiencies of 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 may modify the terms 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 modification thereof shall not be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the MC/WC and/or to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for up to one year and assess the cost thereof to the residents proportionally to each unit's share of the common element. Said entry and maintenance shall not vest in the public any rights to use the common open space, the use of which shall be restricted to the residents of the MC/WC who are members of the homeowners' corporation, except when the common open space is voluntarily dedicated to the public by the residents and owners and said dedication is accepted. Before the expiration of the one-year term, the Borough shall, upon its own 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 organization or to the residents and owners of the MC/WC to show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough 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 in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed ratably against the properties within the MC/WC that have a right of enjoyment of the common open space and shall become a tax lien on said properties.

Provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of buildings and structures, the quantity and location of common open space and the intensity of the use or the density of residential units shall run in favor of the Borough and shall be enforceable in law or in equity by the Borough without limitation on any power of regulation otherwise granted the Borough by law. The development plan shall specify which of its provisions run in favor of and are enforceable by the residents of the MC/WC and, in addition, the manner in which such residents may modify or release such rights.

The nonprofit homeowners' corporation shall be incorporated pursuant to the provisions of Title 15 of the New Jersey Statutes. The corporation shall be directed by a Board of Trustees of not less than seven nor more than 11 persons. The organization, procedures and duties of officers of the Board of Trustees shall be in accordance with bylaws initially approved by the Planning Board. Said bylaws shall provide a mechanism for amendment by favorable vote of a specified majority.

The initial Board of Trustees shall be appointed by the developer, and at least one member thereof shall be a resident of the development. In the event that there are not yet any residents at the time of appointment, at least one position shall be reserved for the later appointment of a resident, which appointment shall occur within 90 days of the first day of occupancy by a resident who is other than an employee of the developer.

The terms of the initial appointees of the Board of Trustees shall be staggered among terms of not less than one year and not more than three years. Thereafter, all appointed or elected terms shall be for a period of three years.

The developer shall have the exclusive right to nominate and elect members of the Board of Trustees, or any number thereof, for a period of two years from the date of the first sale or until the occupancy of 75% of all proposed units is effectuated, whichever shall first occur; provided, however, that at least one member of the Board of Trustees shall be a resident of the development.

After more than 75% of all proposed units in the development are occupied or after two years from the date of the first sale, whichever shall first occur, the replacement of the members of the Board of Trustees who resign or whose terms expire shall be by election by the resident members; provided, however, that the developer shall be assigned at least two seats on the Board of Trustees, to which it may appoint a person of its choice until all the units in the proposed development have been occupied.

Regardless of the manner in which common open space is occupied or developed, all areas of the development which are not occupied by buildings, public streets or other required and/or approved public improvements or by lots which are plotted for sale shall be deeded to the homeowners' corporation for maintenance.