[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09; 8-20-2018 by Ord. No. 2018-13]
A.
The Voluntary TDR Program is intended as a method of preserving land
within certain designated zoning districts by allowing landowners
the voluntary option of transferring their right to develop land to
a receiving zone or district or any other area so designated in this
article and thereby restricting the subject property in perpetuity
to agriculture use, farmland, conservation land, open space or public
areas, except as modified herein. This voluntary land use option will
preserve land in locations where there is limited infrastructure while
directing development to areas most suited for housing and other development
within the Township.
B.
Agricultural land involved in an approved development transfer shall
be provided the right to farm benefits under the New Jersey Right
to Farm Act and other benefits that may be provided pursuant to the
New Jersey Agriculture Retention and Development Act.
C.
Property from which and to which development potential has been transferred
shall be assessed at its fair market value reflecting the development
transfer. Development potential that has been removed from a sending
zone but has not yet been employed in a receiving zone shall not be
assessed for real property taxation. Property in a sending zone or
receiving zone that has been subject to a development potential transfer
shall be newly valued, assessed, and taxed as of October 1 next following
the development potential transfer.
E.
The following minimum eligibility requirements shall be met in order
for an applicant or developer to participate in the Voluntary TDR
Program:
(1)
A sending zone parcel shall be designated on the TDR Plan of the
Township Master Plan, and/or on the Acquisition/Preservation Plan
developed in accordance with criteria established by ordinance, as
it may be last amended or superseded. The TDR Plan shall be a sub-plan
element of the Master Plan of the Township of Woolwich and shall be
amended or superseded pursuant to the provisions of any applicable
law.
(2)
A sending zone parcel must be at least 10 acres in size on the date
that the ordinance is adopted, except as indicated on the parcel list
and map attached hereto.
(3)
Sending zone parcels identified on the TDR Plan Map may be increased in size to support agricultural use of the property without eliminating the parcels eligibility for credits. Additional credits for the lands added which have not been enrolled prior to their addition to an existing lot may be obtained by following the credit allocation appeal process outlined in § 203-53 below.
(4)
A parcel located within a sending zone shall not be subject to existing
deed restrictions or other prohibitions on further development or
subdivision, with the exception of those participating in the eight-year
farmland preservation program or has had its rights to sewer allocation
purchased and/or retired.
(5)
No transferable development rights are available for lots or properties
from which all of the development rights have already been sold or
transferred; on which an easement or other restriction in a deed or
other document has been granted to a farmland preservation program,
with the exception of those participating in the eight-year farmland
preservation program, any utility company, to any other program or
agency, or to any person, partnership, corporation, or other legal
entity; lots or properties which have been restricted from development
by the terms or conditions of a development plan, subdivision approval,
or other agreement that restricts the property from further development;
land within the ultimate right-of-way of existing roads; and lots
or properties or portions of lots or properties which have been designated
and used to meet the open space or resource protection requirements
of a subdivision or site plan.
(6)
A sending zone parcel or development right shall not be owned by
a government, government agency, or other political subdivision, a
public utility as defined in N.J.S.A. 48:2-13; or an interstate energy
transmission company regulated by the Federal Energy Regulatory Commission.
(7)
The property which shall become the subject of the deed of easement,
restriction and enrollment shall contain general reservation or dedication
language for rights-of-way and easement areas that may be needed for
state, county and Township infrastructure improvements, such as road
and drainage improvements, so long as the public improvements individually
or collectively have no more than a diminimis impact on the actual
or potential use of the premises for agricultural production. The
right-of-way dedication shall be submitted to the state, county or
Township prior to filing the deed language. Impacted properties shall
receive full credit value for public dedications. If the government
entity chooses to purchase right-of-way or easement areas after the
filing of the TDR deed of easement, the purchase price will be based
on the residual value of the property.
(8)
Except for uses expressly authorized herein, any site which has been
developed for uses inconsistent with agricultural use and farmland,
open space or public areas shall be deemed ineligible to participate
in the TDR program.
(9)
The only criterion for participating in the receiving zone is that
the parcel is located within the boundaries of a receiving zone as
amended and as identified on the TDR Plan Map of the Township Master
Plan.
F.
The applicable base zoning in the sending area shall be a minimum
one single-family detached dwelling unit per 15 gross acres, if the
owner of a sending zone parcel chooses not to participate in the TDR
program. However, if the owner of a vacant sending zone lot smaller
than 15 acres existing as of the date of this chapter chooses not
to participate in the TDR program, the owner of that vacant lot shall
be entitled to develop one single-family detached dwelling on that
lot provided that the lot size conforms to the minimum lot size of
the underlying zoning.
G.
In the Route 322 Corridor receiving area, properties participating
in TDR and subject to residential development under TDR shall be assigned
by-right credits based on one dwelling unit per 1.5 acres in the RR-2
to RR-6 Zoning Districts. The underlying development rights in the
RR-1 Zoning District is 385,000 square feet of hotel and/or office
space per the Woolwich Adult Settlement Agreement. The applicable
base zoning in the Route 322 Corridor receiving area shall be a minimum
one single-family detached dwelling unit per 15 gross acres with a
mandatory clustering of that gross density to a two-acre lot size
for a single-family detached dwelling unit, if the owner of a receiving
zone parcel which is subject to residential development under TDR
chooses not to participate in the TDR program. Properties participating
in TDR and subject to the Woolwich Adult Settlement Agreement shall
be assigned by-right credits based on 3.5 dwelling units per acre
totaling 797 units in RR-BD-1 (extension to five smaller parcels)
and 261 units in RR-BD-2. The base zoning in all other portions of
the Route 322 Corridor receiving area shall remain as that which were
in effect on the date Ordinance No. 2008-20 was adopted on October
27, 2008.
H.
In the Route 322 Corridor receiving area, properties zoned MU-1 bounded
by Route 322, Kings Highway and Pancoast Road shall not be permitted
by-right residential development. If developers choose to develop
housing units in mixed use retail/residential buildings, participation
in TDR will be required to support those units.
[Amended 9-3-2019 by Ord. No. 2019-12]
I.
In the Auburn Road receiving area, by-right credits are calculated
based on zoning in effect on the date Ordinance No. 2008-20 was adopted
on October 27, 2008. However, no more than 130 single-family houses
may be constructed using these by-right credits. All remaining by-right
credits shall be used to construct twin dwelling units on the basis
of 1.6 twins being the equivalent of one single-family unit. Nonparticipation
in TDR results in permitted densities based on the zoning in effect
on October 27, 2008.
J.
No density increases may be achieved in a receiving area without
the use of appropriate instruments of transfer.
K.
Increasing the development potential of a parcel of property not
located in a designated receiving zone for which a variance has been
granted by more than 5% shall constitute a receiving zone and the
receiving zone provisions of this article shall apply with respect
to the amount of development potential required to implement the variance.
This shall not apply to any development that fulfills the definition
of a minor site plan or minor subdivision plan.
L.
This Voluntary TDR Program shall no longer be reasonable if state
plan endorsement or regulations adopted pursuant thereto are no longer
in effect or a sufficient percentage of the development potential
has not been transferred as provided in N.J.S.A. 40:55D-156.
M.
This Voluntary TDR Program, including the real estate market analysis,
shall be reviewed by the Joint Land Use Board and the Township Committee
at the end of three years subsequent to its adoption. This review
shall include an analysis of development potential transactions in
both the private and public market, an update of current conditions
in comparison to the development transfer plan element of the Township's
Master Plan and Capital Improvement Program, and an assessment of
the performance goals of the development transfer program, including
an evaluation of the units constructed with and without the utilization
of the development transfer ordinance. A report of findings from this
review shall be submitted to the County Planning Board, the State
Office for Planning Advocacy and the County Agricultural Development
Board (CADB), for review and recommendations. Based on this review,
the Township shall act to maintain and enhance the value of development
transfer potential not yet utilized and, if necessary, amend the Capital
Improvement Program, the Development Transfer Plan Element of the
Master Plan, and this TDR article.
N.
This Voluntary TDR Program, including the real estate market analysis,
shall also be reviewed by the Joint Land Use Board and Township Committee
at the end of five years subsequent to its adoption. This review shall
provide for the examination of the development transfer ordinance
and the real estate market analysis to determine whether the program
for development transfer and the permitted uses in the sending zone
continue to remain economically viable, and, if not, an update of
the Development Transfer Plan Element of the Master Plan and Capital
Improvement Program shall be required. If at least 25% of the development
potential has not transferred at the end of this five-year period,
the development transfer ordinance shall be presumed to be no longer
reasonable, including any zoning changes adopted as part of the development
transfer program, within 90 days after the end of the five-year period
unless one of the following is met:
(1)
The Township immediately takes action to acquire or provide for the
private purchase of the difference between the development potential
already transferred and 25% of the total development transfer potential
created in the sending zone under the development transfer ordinance;
(2)
A majority of the property owners in a sending zone who own land
from which the development potential has not yet been transferred
agree that the TDR ordinance should remain in effect;
(3)
The Township can demonstrate either future success or can demonstrate
that low levels of development potential transfer activity are due,
not to ordinance failure, but to low levels of development demand
in general. This demonstration shall require the concurrence of the
County Planning Board and the State Office for Planning Advocacy and
shall be the subject of a Township public hearing conducted prior
to a final determination regarding the future viability of the TDR
program;
(4)
The Township can demonstrate that less than 25% of the remaining
development potential in the sending zone has been available for sale
at market value during the five-year period.
O.
The Joint Land Use Board and the Township Committee shall review
the TDR ordinance and the real estate market analysis at least every
five years with every second review occurring in conjunction with
the review and update of the Township Master Plan. This review shall
provide for the examination of the ordinance and the real estate market
analysis to determine whether the program and uses permitted in the
sending zone continue to be economically viable and, if not, an update
of the Development Transfer Plan Element of the Master Plan and Capital
Improvement Program shall be required. If 25% of the remaining development
transfer potential at the start of each five-year review period in
the sending zone under the TDR ordinance has not been transferred
during the five-year period, the Township Committee shall repeal the
development transfer ordinance, including any zoning changes adopted
as part of the development transfer program, within 90 days after
the end of that five-year period unless the Township meets one of
the standards established pursuant to § 20 of P.L. 2003,
c. 2 (N.J.S.A. 40:55D-156).
P.
The county shall not be permitted to sell development rights to receiving
zone buyers, in accordance with N.J.S.A. 40:55D-160, from already
preserved lands under the provisions of the Agriculture Retention
and Development Act, P.L. 1983, c. 32 (N.J.S.A. 4:1C-11 et seq.).
Q.
The number of credits from one sending parcel may be allocated to
more than one receiving parcel and one receiving parcel may accept
credits from more than one sending parcel.
A.
Pursuant to N.J.S.A. 40:55D-137, a transfer of development rights
program must seek to transfer the development potential from areas
where preservation is most appropriate to areas where growth can be
better accommodated and maximized.
B.
Pursuant to N.J.S.A. 40:55D-115, "development potential" is defined
as "the maximum number of dwelling units or square feet of nonresidential
floor area that could be constructed on a specified lot or in a specified
zone under the Township Master Plan and land use regulations in effect
on the date of the adoption of the development transfer ordinance
and in accordance with recognized environmental constraints."
C.
The Township TDR credit allocation formula seeks to closely estimate
the number of dwelling units which could have been built on each eligible
parcel given the base zoning density as set forth in the district,
which zoning is replaced by the adoption of this article and the environmental
constraints present on the site. As referenced above, base zoning
density shall be based on the zoning in place as of October 27, 2008,
per Ordinance No. 2005-25 (and further amended per Ordinance No. 2008-19)
which stipulates the zoning densities for the R-1 Zone District, R-2
Zone District, R-3 Zone District and 5A Zone District respectively.
D.
The underlying zoning district requires the use of individual septic
tanks for sewage disposal. Accordingly, it has been determined that
it is the suitability of soil for septic tank permitting which most
directly indicates the development rights or credits that are allocated.
E.
The standard source of information related to the septic suitability
of soils located in Gloucester County is the USDA Soil Conservation
Service (SCS) soil survey (survey). The SCS survey characteristics
soil based on numerous factors, one of which is the disposal of septic
effluent. The combination of the soils' characteristics results in
a septic suitability rating of slight, moderate or severe.
F.
In order to allocate credits in a manner consistent with the preexisting
zoning but within the context of environmental constraints, the formula
set forth below was developed and applied to the computerized soils
data generated for each parcel. Prior to applying the formula, each
parcel had an infrastructure factor assigned to it to reflect acreage
needs accordingly. From that, the net acreage was calculated, to which
the formula set forth below was then applied.
G.
All sending zone parcels are assigned a minimum of one full credit.
Any allocation above one credit is rounded down to the nearest 1/4
credit.
H.
Credit allocation formula:
|
R1
| |||
|
TDR Credits =
Infrastructure Factor: 0.88
|
Acres of Slight Soils/2 +
|
Acres of Moderate Soils/2*1/2.22 +
|
Acres of Severe Soils/2*1/18
|
|
R2 & R3*
| |||
|
TDR Credits =
Infrastructure Factor: 0.88
|
Acres of Slight Soils/1.5 +
|
Number of Acres of Moderate Soils/1.5*1/2.22+
|
Number of Acres of Severe Soils/1.5* 1/18
|
|
5 Acre
| |||
|
TDR Credits =
Infrastructure Factor: 0.97
|
Acres of Slight Soils/5+
|
Acres of Moderate Soil/5*1/2.22 +
|
Acres of Severe Soils/5* 1/18
|
|
*
|
Note: Parcels in the R-3 Zoning District that are sending zone parcels are outside of the existing sewer service area and are therefore subject by ordinance to R-2 regulations as per § 203-42, amended 8-1-2005.
|
I.
All parcels eligible for participation in the TDR program as set
forth in the Master Plan have been identified and a computation of
the TDR credits allocated pursuant to the credit allocation plan,
which is incorporated within this section by reference.
J.
Upon the adoption of this section the Township Clerk shall file with
the County Recording Office a copy of the allocation plan and Zoning
Map showing graphically the location of the Township's sending and
receiving areas. A change in the credit allocation made by the allocation
plan by appeal, assignment or transfer to be effective must similarly
be recorded in the County Recording Office.
A.
Any landowner eligible for participation in a TDR program who is
dissatisfied with their credit allocation may appeal their allocation
in accordance with the procedures set forth below.
B.
Any appeal of a credit allocation must occur prior to the recording
of a TDR deed of easement. Once a property is restricted through the
recording of the easement, the opportunity for an allocation appeal
is lost and the parcel's owner shall be irrefutably presumed to have
elected to accept the allocation given as an appropriate measure of
the development potential of the parcel.
C.
The landowner shall submit a properly completed and required TDR
credit appeal application and applicable review fees to the Administrative
Officer. Review fees shall be the same as TDR fees in effect at the
time of appeal. The TDR credit appeal application shall include the
following information:
(1)
Date of appeal.
(2)
Name(s), mailing address(es) and telephone number(s) of all property
owners, of record.
(3)
Copy of the latest legal description and deed to the property.
(4)
Title report if so requested by the Administrative Officer if the
Administrative Officer or other Township Officials have reason to
believe that the property is the subject of a development restriction.
(5)
Block and lot number(s) of the tract parcel(s).
(6)
Acreage of parcel(s) pursuant to Tax Map or property survey.
(7)
Number of credits assigned to the parcel pursuant to the Allocation
Table and number requested by the applicant.
(8)
Supporting documentation which fulfills the requirements of the appeal
process.
(9)
Signature of applicant(s) and landowner(s), if different from the
applicant.
(10)
The appeal shall be publicly noticed in the same manner as notices
for other applications for development in accordance with N.J.S.A.
40:55D-12.
D.
In order to appeal the allocation of credits, the landowner must
include the following submissions:
(1)
A NJ-Geoweb map, GIS map or equivalent showing the premises boundary
and mapped wetlands, streams, and waterbodies.
(2)
A soils map, based on current Natural Resources Conservation Service
(NRCS) Web Soil Survey data, depicting all mapped soil types with
name, symbol, and sewage disposal suitability rating [not limited,
somewhat limited, or very limited based on the sewage disposal (NJ)
rating] on the premises.
(3)
Soil borings or test pits shall be performed. A minimum of two soil
borings/test pits shall be performed within each separate soil map
unit containing at least one acre and at least one soil boring/test
pit shall be performed within each separate soil map unit containing
less than one acre. Additional soil borings or test pits shall be
performed so that that the total is at least one per two acres of
the total tract. Soil boring/test pit locations shall be distributed
evenly throughout the premises. An explanation of any areas avoided
shall be submitted. Where necessary to determine the soil suitability
rating, permeability testing shall be performed at each boring/test
pit location in accordance with the soil testing procedures as required
in NJAC 7:9A, Standards for Individual Subsurface Sewage Disposal
Systems. A soil boring/test pit location map, soil logs, and permeability
results shall be submitted. If necessary to accurately map the sewage
disposal suitability of soils on the premises, the Joint Land Use
Board Planner may request additional soil tests be performed.
(4)
A report and map to summarize the findings of the soil testing and
categorize the disposal suitability throughout the premises. The report
and map shall include areas (acreage) of each alternatively proposed
sewage disposal rating and an explanation of the rationale for the
change in rating.
(5)
A calculation of the credit allocation pursuant to the credit allocation formula contained in § 203-52H for the proposed revised areas of sewage disposal suitability of soils based on the sewage disposal (NJ) rating. The terminology of sewage disposal suitability of soils based on the sewage disposal (NJ) rating has modified the terminology used in § 203-52H so that "slight limitation" is now "not limited," "moderate limitation" is now "somewhat limited," and "severe limitation" is now "very limited." For purposes of the calculations, soils that are not limited for sewage disposal pursuant to the sewage disposal (NJ) rating shall be treated as equivalent to "slight soils" as set forth in § 203-52H, soils that are somewhat limited for sewage disposal pursuant to the sewage disposal (NJ) rating shall be treated as being equivalent to "moderate soils" and soils that are very limited for sewage disposal pursuant to the sewage disposal (NJ) rating shall be treated as equivalent to "severe soils."
E.
If the Joint Land Use Board determines based on the information submitted that the credit allocation made pursuant to § 203-52 should be adjusted, then the adjusted credit allocation for the premises shall be recorded in the Allocation Table.
F.
The landowner shall receive an additional one-time 1/4 credit if
the appeal process as described above results in showing that the
Township credit allocation was off by 20% or more.
G.
Appeal of a Joint Land Use Board decision in the determination of
the allocation of credits shall be made to a New Jersey Court of competent
jurisdiction as provided for by law.
A.
TDR bank creation.
(1)
The Township of Woolwich TDR Bank ("TDR Bank") is hereby created
pursuant to N.J.S.A. 40:55D-158.
(2)
Members.
(a)
The TDR Bank shall be governed by a Board of Directors comprising
five members appointed by the Township Committee, who shall serve
at the pleasure of the Committee. The members shall have expertise
in banking, law, land use planning, natural resource protection, historic
site preservation or agriculture. The Board of Directors shall include
the Township's Director of Community Development and four other Township
officials appointed by the Township Committee, who shall serve as
ex-officio members of the Board.
(b)
A Board Chairperson shall be elected annually from among the
members of the Board.
(3)
Executive Director.
(a)
The Board of Directors shall appoint an Executive Director as
the chief administrative officer of the TDR Bank. The Executive Director
shall serve at the pleasure of the Board.
(4)
Powers of TDR Bank.
(a)
The TDR Bank is established for the purchase, sale or exchange
of the development potential that is available for transfer from a
sending zone. In accordance with N.J.S.A. 40:55D-159, the TDR Bank
shall have the following powers:
[1]
Purchase property in a sending zone if adequate funds have been
provided for these purposes and the person from whom the development
potential is to be purchased demonstrates possession of marketable
title to the property, is legally empowered to restrict the use of
the property in conformance with P.L. 2004, c.2 (N.J.S.A. 40:55D-137
et seq.), and certifies that the property is not otherwise encumbered
or transferred.
[2]
For the purposes of its own development potential transactions,
establish a municipal average of the value of the development potential
of all property in a sending zone, which value shall generally reflect
market value prior to the effective date of the development transfer
ordinance. The establishment of this municipal average shall not prohibit
the purchase of development potential for any price by private sale
or transfer, but shall be only taken into consideration when the development
transfer bank itself is purchasing the development potential of property
in the sending zone. Several average values in any sending zone may
be established for greater accuracy of valuation.
[3]
Sell, exchange or otherwise convey the development potential
of property that it has purchased or otherwise acquired pursuant to
the provisions of P.L. 2004, c.2 (N.J.S.A. 40:55D-137 et seq.), but
only in a manner that does not substantially impair the private sale
or transfer of development potential.
[4]
When a sending zone includes agricultural land, the TDR Bank shall, when considering the purchase of development potential based upon values established by the municipal average, submit the municipal average arrived at pursuant to Subsection A(4)(a)[2] of this section for review and comment to the County Agricultural Development Board. The TDR Bank shall coordinate the development transfer program with the farmland preservation programs established pursuant to the Agriculture Retention and Development Act, P.L. 1983, c.32 (N.J.S.A. 4:1C-11 et seq.) and the Garden State Preservation Trust Act, Sections 1 through 42 of P.L. 1999, c.152 (N.J.S.A. 13:8C-1 et seq.) to the maximum extent practicable and feasible.
[5]
Apply for funds for the purchase of development potential under
the provisions of Sections 1 through 42 of P.L. 1999, c.152 (N.J.S.A.
13:8C-1 et seq.), or any other act providing funds for the purpose
of acquiring and developing land for recreation and conservation purposes
consistent with the provisions and conditions of those acts.
[6]
Apply for matching funds for the purchase of development potential
under the provisions of the Garden State Preservation Trust Act, sections
1 through 42 of P.L. 1999, c.152 (N.J.S.A. 13:8C-1 et seq.) for the
purpose of farmland preservation and agricultural development consistent
with the provisions and conditions of that act and the Agriculture
Retention and Development Act, P.L. 1983, c.32 (N.J.S.A. 4:1C-11 et
seq.). In addition, the TDR Bank may apply to the State Transfer of
Development Rights Bank established pursuant to Section 3 of P.L.
1993, c.339 (N.J.S.A. 4:1C-51) for either planning or development
potential purchasing funds, or both, as provided pursuant to Section
4 of P.L. 1993, c.339 (N.J.S.A. 4:1C-52).
[7]
Undertake any and all other functions granted to development
transfer banks by the State Transfer of Development Rights Act, N.J.S.A.
40:55D-137 et seq., as may from time to time be amended.
(5)
By-laws.
(a)
The Board of Directors is hereby authorized to adopt by-laws
for the regulation of its affairs and the conduct of its business.
B.
All sending and receiving transactions shall be recorded with the
New Jersey State TDR Bank per Subdivision C of 40:55D-147(e) and the
State Transfer of Development Rights Bank Act, N.J.S.A. 4:1C-53.
C.
A landowner seeking to enroll his land within the TDR program and
thus create credits which may thereafter be transferred shall abide
by the following procedures:
(1)
The landowner, on forms authorized by the Joint Land Use Board and
obtained from the Township Clerk, shall submit to the Administrative
Officer:
(a)
The original and two copies of a fully completed application
for enrollment form.
(b)
All costs associated with the review of the assignment application,
including professional fees authorized by this article.
(c)
The original and two copies of the TDR deed of easement.
(d)
Clear proof of title by a New Jersey certified title company.
(2)
The Administrative Officer shall, within 45 days of receipt, determine
that the application:
(a)
Accurately specifies the number of TDR credits available to
the parcel.
(b)
Covers a parcel of land eligible for inclusion within the TDR
program.
(c)
Accurately sets forth the block and lot description of the parcel
seeking enrollment.
(d)
Reserves sufficient credits for the existing and proposed uses
on the site.
(e)
Contains all other information as required by the Township Application
for Enrollment.
(3)
The Administrative Officer, upon receipt, shall forward to the Joint
Land Use Board Solicitor for review:
(a)
One copy of the enrollment application and form(s).
(b)
The original and one copy of the TDR deed of easement.
(c)
Clear proof of title provided by the landowner.
(d)
A copy of each of the foregoing documents shall also be sent
to the County Planning Board so that the County Board can determine
the nature and extent of any areas which should be withheld from the
TDR deed of easement for future infrastructure purposes. The County
Planning Board shall have 14 days from receipt of the same to advise
the Administrative Officer and Joint Land Use Board Solicitor of its
concerns, comments and recommendations.
(4)
The Joint Land Use Board Solicitor shall determine within 14 days
of receipt that:
(a)
The TDR deed of easement is in a proper legal form for recording
in the County Clerk's office.
(b)
The applicant for enrollment holds legal title clear of any
encumbrances to the parcel or that the holder of any lien, mortgage
or other interest has agreed in writing to subordinate their interest
in the parcel to the public interests set forth in the TDR deed of
easement.
(6)
Upon return of the original TDR deed of easement signed by the Joint
Land Use Board Solicitor, the Administrative Officer shall:
(a)
Assign serial numbers to each TDR credit sought to be created.
(b)
Sign the easement form, certifying that the application procedures
required by this article have been followed and that, upon proper
recording of the easement, the parcel will contain the number of transferable
credits specified within the certification, provided that the easement
is recorded within 90 days for the date that the certification is
signed. If unrecorded, the enrollment shall be null and void and the
landowner must reapply.
(c)
Return the fully executed and notarized easement to the landowner
for recording. The TDR deed of easement shall be recorded with the
Township and the County.
(7)
If the Administrative Officer or Joint Land Use Board Solicitor shall
fail to act within the time periods specified, unless these time periods
are extended by the applicant, the application shall be deemed approved.
(8)
After the TDR deed of easement has been recorded, the landowner shall
file proof of the recording with the Administrative Officer prior
to the approval of any transfer of any credit created under the easement.
(9)
Upon receipt of proof that a TDR deed of easement has been recorded,
the Administrative Officer shall:
(a)
Record the fact of recordation upon the records of the Township.
This record shall include the Clerk's assigned book and page of recording,
if known.
(b)
Forward a copy of the recorded easement to the Joint Land Use
Board and the County Agricultural Development Board for their information.
(c)
Forward a copy of the recorded easement and the state TDR enrollment
notification form to the State TDR Bank within 10 business days and
of receipt of proof of easement recording.
(10)
A landowner shall be responsible for all costs associated with
the review of the enrollment application, including professional fees
authorized by this article.
(11)
The Administrative Officer shall act on all applications submitted
in the order in which they are submitted and determined to be complete.
D.
Assignment. A landowner against whose land a TDR deed of easement
has been recorded may assign any of the credits created through the
use of the following procedures:
(1)
The landowner or subsequent owner of the credits, on forms authorized
by the Joint Land Use Board and obtained from the Township Clerk,
shall submit to the Administrative Officer for review:
(2)
The Administrative Officer, within 45 days, shall determine that
the application:
(a)
Contains all of the information required by the form.
(b)
Seeks to assign no more than the maximum number of credits available
and not already assigned or extinguished.
(c)
Provides the recording information about the TDR deed of easement,
in applications where the credits are being assigned for the first
time.
(d)
Accurately reflects the information contained in it.
(e)
Reflects that no material change in the title of the parcel
has occurred since the TDR deed of easement was recorded.
(4)
The Joint Land Use Board Solicitor shall determine within 14 days
of receipt that:
(a)
The assignment is in a proper legal form for recording in the
County Clerk's office.
(b)
The applicant for an initial assignment holds legal title clear
of any encumbrances to the parcel or that the holder of any lien,
mortgage or other interest has agreed in writing to subordinate their
interest in the parcel to the public interests set forth in the assignment.
(c)
For subsequent assignments, that the applicant is the legal
owner of the credits to be transferred.
(5)
Upon determining the facts set forth above, the Joint Land Use Board
Solicitor shall return the original assignment to the Administrative
Officer for further processing.
(6)
If the Administrative Officer determines that the application and
supporting documentation establishes the criteria as set forth above,
the Administrative Officer shall sign the assignment, certifying that
upon recording the assignment will transfer the number of credits
contained within it to the party named, provided that if the assignment
is not recorded within 90 days of the date that the certification
is signed, unless this time period is extended by the applicant, the
assignment shall be null and void.
(7)
If the Administrative Officer shall fail to act within the time period
provided, the application shall be deemed approved.
(8)
Upon signing, the assignment shall be returned to the landowner for
recording.
(9)
The assignee of the credits shall, upon filing of the assignment,
file proof of recording with the Administrative Officer prior to the
approval of any credit use.
(10)
Upon receipt of proof that the assignment has been recorded,
the Administrative Officer shall:
(a)
Record the fact of recordation upon the records of the Township.
The record shall include the Clerk's assigned book and page of recording,
if known.
(b)
Forward a copy of the recorded assignment to the Joint Land
Use Board and the County Agricultural Development Board for their
information.
(c)
Forward a copy of the recorded assignment and the state TDR
bank assignment notification form to the State TDR Bank within 10
business days and of receipt of proof of assignment recording.
(11)
A landowner shall be responsible for all costs associated with
the review of the assignment application, including professional fees
authorized by this article.
(12)
The Administrative Officer shall act on all applications in
the order in which they are received and determined to be complete.
E.
At the time a final plan for the first section of an approved subdivision
plan is signed by representatives of the Township or the signing of
an approved plan by the Township Engineer of a final site plan which
utilized or effects, in the opinion of the Joint Land Use Board Solicitor,
the operation of the TDR program in the receiving area, the person
or entity submitting the application for development cited shall record
against the land to be developed a deed of dedication and enrollment
of land within the receiving area on forms approved by the Township
of Woolwich which dedicates the entire site for use in the TDR program.
The by-right credits existing on the land covered by the development
shall be deemed created only upon the filing of the deed of dedication
cited. Filing the deed of dedication shall entitle the land owner
to use the credits created on the land affected by the application
of development at the density or for the uses permitted by the TDR
provisions of this article adopted on October 27, 2008. Until the
deed of dedication is recorded, the land is subject to the zoning
density and land use restrictions otherwise controlling within the
TDR receiving zone, area or district.
F.
Credit use and extinguishment. An owner or developer of land located
within the receiving area may utilize credits held by a landowner
of land located within a sending area or his assigns to increase the
number of units that may be developed by utilizing the following procedures:
(1)
The owner/developer of land within the receiving area must first
obtain final approval for the development of a project within the
receiving area contingent and conditioned on the acquisition and extinguishment
of TDR credits.
(2)
To meet the condition of approval, the owner/developer, at or prior
to the signing of a subdivision plat or the issuance of the first
building permit, whichever occurs first, on forms approved by the
Joint Land Use Board and obtained from the Township Clerk, shall submit
to the Administrative Officer:
(3)
The Administrative Officer shall, within 45 days of receipt, determine
that the request:
(a)
Accurately specifies the number of TDR credits needed for the
development of the parcel sought to be developed.
(b)
Demonstrates that the developer owns, by assignment or otherwise,
all credits needed for the proposed development.
(c)
Accurately specifies by reference to assigned serial numbers
or otherwise which credits are being used by the development.
(d)
Accurately provided such other information required by the application.
(e)
Demonstrates that the parcel from which the credits arise are
subject to a recorded easement.
(4)
The Administrative Officer, upon receipt, shall forward to the Joint
Land Use Board Solicitor for review the original and one copy of the
deed of credit use and extinguishment.
(5)
The Joint Land Use Board Solicitor shall, within 14 days of receipt:
(a)
Determine that the deed of credit use and extinguishment is
in a proper legal form for recording in the County Clerk's office;
and
(b)
The owner holds legal title clear of any encumbrances to the
parcel or that the holder of any lien, mortgage or other interest
has agreed in writing to subordinate their interest in the parcel
to the public interests set forth in the deed of credit use and extinguishment;
or
(c)
The developer owns the credits to be used and extinguished.
(6)
Upon determining the facts set forth above, the Joint Land Use Board
Solicitor shall certify to these facts by:
(7)
If the Administrative Officer determines that the request and supporting
documentation establishes the criteria set forth above, the Administrative
Officer shall sign the deed of credit use and extinguishment, certifying
that upon recording the deed of credit use and extinguishment will
permanently transfer the number of credits contained within it to
the parcel of land cited, provided that if the deed of credit use
and extinguishment is not recorded within 90 days of the date that
the certification is signed, unless this time period is extended by
the applicant, the deed of credit use and extinguishment shall be
null and void.
(8)
If the Administrative Officer shall fail to act within the time periods
provided, the application shall be deemed approved.
(9)
Upon signing, the deed of credit use and extinguishment shall be
returned to the landowner for recording.
(10)
The owner or developer of the land using the credits shall,
upon filing of the deed of credit use and extinguishment, file proof
of recording with the Administrative Officer prior to the issuance
of any building permit for development of the land upon which the
credit is to be used.
(11)
Recording the deed of credit use and extinguishment shall extinguish
the ability to use any credit transferred except upon the parcel to
which the TDR credit has been transferred.
(12)
Upon receipt of proof that the deed of credit use and extinguishment
has been recorded, the Administrative Officer shall:
(a)
Record the fact of recordation upon the records of the Township.
The record shall include the Clerk's assigned book and page of recording,
if known.
(b)
Forward a copy of the recorded deed of credit use and extinguishment
to the Joint Land Use Board and the TDR Bank for their information.
(c)
Forward a copy of the recorded deed of credit use and extinguishment
and the State TDR Bank credit use and extinguishment notification
form to the State TDR Bank within 10 business days and of receipt
of proof of easement recording.
(13)
A landowner shall be responsible for all costs associated with
the review of the deed of credit use and extinguishment, including
professional fees authorized by the ordinance.
(14)
The Administrative Officer shall act on all requests in the
order in which they are received and determined to be complete.
(15)
The purchaser of transfer credits shall be obligated to present
credible evidence of the transfer to the Township Clerk or other designee
within 30 days of the transaction. Each and every day in which the
transaction record has not been so transmitted to the Township Clerk
within the specified time limit shall constitute a separate violation
of the provisions of this article and is enforceable by fine, imprisonment,
and/or community service as otherwise provided herein. The Township
Clerk shall so record the transaction in the Record of Transfer and
annually in January provide a copy of the Record of Transfer to the
Administrative Officer and the Tax Assessor's Office to be kept on
file.
(16)
The Township shall annually prepare and submit a report on activity
undertaken pursuant to this article to the County Planning Board which
in turn is expected to submit copies of the Township report along
with an analysis of the effectiveness of the article to the Office
for Planning Advocacy, the County Agriculture Development Board, and
the State TDR Bank on July 1 of the third year next following enactment
and annually thereafter.
G.
Land included in the sending area from which credits are severed
shall be subject to the following TDR deed of easement. The uses permitted
in the deed of easement will continue to be authorized on the premises
as set forth herein following recordation of the deed of easement.
(1)
TDR deed of easement.
(b)
All nonagricultural uses, if any, existing on the premises at
the time of deed restriction may be continued and any structure may
be restored or repaired in the event of partial destruction. No new
structures, or the expansion of preexisting structures for nonagricultural
uses, are permitted, except as specifically authorized herein. In
the event a preexisting nonagricultural use is abandoned, the right
to continue the use is extinguished.
(c)
The provision of structures for housing of agricultural labor
employed by the land owner or the operator of the agricultural operation
is permitted, provided all necessary approvals are obtained. Such
housing shall not be used as a residence for land owner, land owner's
spouse, land owner's parents, land owner's lineal descendants, adopted
or natural, land owner's spouse's siblings, parents or land owner's
spouse's lineal descendants, adopted or natural.
(d)
The construction of any new buildings for residential use or
any residential subdivision, regardless of its purpose, shall be prohibited
except, subject to receipt of all necessary approvals, the following
are permitted:
[1]
The construction of a residential building anywhere on the premises
in order to replace any permitted single- or multifamily residential
building that exists on the premises and that is not a structure unfit
for human occupancy pursuant to the International Property Maintenance
Code or that if it is a structure unfit for human occupancy it was
lived in for at least 90 days during the past two years;
[2]
The construction of up to a fifty-percent expansion of any existing
single- or multifamily residential building on the premises up to
a maximum of 2,000 square feet, provided that no new dwelling unit
is created and the addition is used solely for residential purposes;
[3]
If at the time of recording of the deed of easement the premises
contains no residential unit(s) and is greater than 15 acres but less
than 50 acres in size, the construction of one new single-family residential
unit provided that the grantor has retained one TDR credit for this
purpose at the time of conveyance of the deed of easement;
[4]
If at the time of recording of the deed of easement the premises is 50 acres or more in size excluding the land area occupied by any buildings or structures used for a nonconforming nonresidential use, the construction of new single-family residential units is permitted on the premises without the use of TDR credits provided the total number of single-family residential units (including existing units) which may be built on the premises shall not exceed one unit per 50 acres of gross land area, except as provided in Subsection G(1)(d)[6] or [7] below;
[5]
Subdivision of the premises resulting in parcels of at least
50 acres is permitted without the use of a TDR credit;
[6]
Unless a lot for an existing or new single-family detached dwelling has been subdivided from the premises in accordance with § 203-54H below, a one-time subdivision of the premises resulting in a vacant parcel that is at least 15 acres but less than 50 acres in size provided one TDR credit was retained by the grantor at the time the deed of easement was recorded for a proposed single-family detached dwelling unit on that lot;
[7]
Subdivision of a lot for an existing or new single-family detached dwelling in accordance with § 203-54H below provided that at the time of the conveyance of the deed of easement, the grantor shall have retained one TDR credit for the existing or new single-family detached dwelling and provided further that the remaining vacant lot shall contain at least 15 acres and no residential development of the remaining vacant lot shall occur unless that lot contains at least 50 acres.
[8]
Any single-family residential building constructed pursuant to this Subsection G(1)(d) or any existing single-family residential building may also contain any of the uses permitted in Subsection G(1)(e), (r) or (s) below; provided that the overall building size contains no more than 5,000 square feet and it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production. Any lots created by the division of property by testamentary or intestate provisions without approval of the Joint Land Use Board shall be entitled to only those benefits under this Chapter 203 the property would have been entitled to if the lot had not been so subdivided. If more than one of the permitted expansions authorized herein and in Subsection G(1)(e), (r) and (s) below occurs, the total expansion shall not exceed a fifty-percent expansion of the existing building or a maximum of 2,000 square feet.
(e)
To the extent permitted by Chapter 203, existing buildings on the premises including a fifty-percent expansion of any existing building up to a maximum of 2,000 square feet may be retained for a winery, brewery, distillery and/or other alcohol production facility on the premises provided that the predominant crops on the premises are used in the production of alcohol if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production. If more than one of the permitted expansions authorized in Subsection G(1)(d) above and Subsection G(1)(r) and (s) below occurs, the total expansion shall not exceed a fifty-percent expansion of the existing building or a maximum of 2,000 square feet. Nothing herein shall limit the ability to develop an alcohol production facility authorized pursuant to Subsection G(1)(a), (b), or (1) of this section.
(f)
No activity shall be permitted which would be detrimental to
drainage, flood control, water conservation, erosion control, or soil
conservation, nor shall any other activity be permitted which would
be detrimental to the continued agricultural use of the premises.
(g)
Public improvements including but not limited to roadways, drainage
facilities and other public infrastructure are permitted so long as
the public improvements individually or collectively have no more
than a de minimis impact on the actual or potential use of the premises
for agricultural production.
(h)
The right to maintain all roads and trails existing upon the
premises as of the date of the deed of easement shall be preserved.
The construction, improvement or reconstruction of any roadway necessary
to service crops, agricultural buildings, or reservoirs is permitted
as necessary.
(i)
To the extent permitted by Chapter 203, the premises may be used for certain recreational activities such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual or potential use of the land for agricultural production. Other recreational activities which alter the premises, such as indoor recreational facilities, golf courses and athletic fields, are prohibited unless expressly authorized by the TDR deed of easement pursuant to this section. However, if the premises is acquired by a governmental entity, the governmental entity may establish outdoor active recreational uses on the premises.
(j)
Disposal of sludge or any waste material resulting from treatment
of waste water, domestic or otherwise, is expressly prohibited. No
sand, gravel, loam, rock or other minerals shall be deposited on or
removed from the premises except those materials required by the agricultural
purpose for which the land is used. No dumping or placing of trash
or waste material shall be permitted unless expressly authorized by
the State Agricultural Development Committee or the County Agricultural
Development Board as an agricultural management practice and pursuant
to the Right to Farm Act and subject to any restrictions imposed by
the Township consistent with that Act.
(k)
No historic building or structure (included in the New Jersey
Register of Historic Places) located on the premises may be demolished
by the grantor or any other person without the prior approval of the
Township Committee, with a recommendation from the Joint Land Use
Board.
(l)
The construction of billboards, golf courses, cellular phone towers, solar panels, wind turbines, airstrips, and helicopter pads is expressly prohibited. Notwithstanding this Subsection G(1)(c), solar panels and wind turbines used to generate electricity for uses on the premises are permitted to the extent permitted by Chapter 203. To the extent permitted by Chapter 203 or the Right to Farm Act, fences may be constructed in support of the agricultural operation and to prevent trespassing. On any designated public areas, the grantor may not erect fences to block access to public areas from the general public.
(m)
Agricultural management practices as have been and continue
to be promulgated by the New Jersey State Agriculture Development
Committee pursuant to its authority under N.J.A.C. 2:76-2.1 et seq.,
N.J.A.C. 2:76-2A.1 et seq., N.J.A.C. 2:76-2B.1 et seq. and the Right
to Farm Act (N.J.S.A. 4:1C-1 et seq.) are expressly permitted.
(n)
The right to plant, grow, and harvest trees, timber and forest
products and to engage in other woodland management activities related
thereto provided that the same are carried out in a manner consistent
with the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
(o)
To the extent permitted by Chapter 203, permissible improvements allowed in conjunction with permitted uses to include the installation of needed driveway and/or road access and ancillary unpaved parking areas for a maximum of 75 vehicles, if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production and subject to the review and approval of the Joint Land Use Board. The use of hiking and biking trails for motorized vehicles is not permitted except for necessary access to the premises.
(p)
New buildings for nonresidential agricultural purposes may be constructed on the premises to the extent permitted by Chapter 203.
(q)
Use of the designated public area of the premises for a public
passive recreational use is permitted consistent with the New Jersey
Department of Environmental Protection, Green Acres Program Rules
(N.J.A.C. 7:36-1.1 et seq.).
(r)
To the extent permitted by Chapter 203, existing buildings on the premises, including a fifty-percent expansion of any existing building up to a maximum of 2,000 square feet may be retained for use as a bed-and-breakfast if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production. If more than one of the permitted expansions authorized in Subsection G(1)(d) and (e) above and Subsection G(1)(s) below occurs, the total expansion shall not exceed a fifty-percent expansion of the existing building or a maximum of 2,000 square feet.
(s)
To the extent permitted by Chapter 203, existing buildings on the premises, including a fifty-percent expansion of any existing building up to a maximum of 2,000 square feet, may be retained for use for social events such as weddings, and temporary structures may be used for said social events if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the premises for agricultural production. If more than one of the permitted expansions authorized in Subsection G(1)(d), (e) and (r) above occurs, the total expansion shall not exceed a fifty-percent expansion of the existing building or a maximum of 2,000 square feet.
H.
Subdivision for new or existing single-family house or farmstead.
(1)
Landowners desiring to subdivide a lot for a new or an existing single-family
detached house or farmstead on land proposed for transfer of credits
shall meet the following requirements:
(a)
The applicant may simultaneously file an application for minor
subdivision approval to create a lot for the new or existing residence
or farmstead. The minor subdivision application shall not be subject
to the creeping subdivision provisions of the definition of "minor
subdivision" whereby any second subdivision of land subsequent to
involving the same tract shall be deemed a major subdivision.
(b)
The lot proposed for subdivision containing the new or existing
single-family detached house or farmstead shall meet the minimum standards
for lots within the zoning district, but shall not exceed two acres
in area.
(c)
The newly created lot for the new or existing residence or farmstead
shall be deed restricted from further subdivision.
(d)
One full credit shall be subtracted from the total credits to
be transferred from the tract, and so recorded in the Record of Transfers.
(e)
The remaining vacant lot shall contain at least 15 acres. No new single-family detached dwelling can be developed on the vacant lot pursuant to Subsection G(1)(d)[3] above if the vacant lot contains less than 50 acres. A new single-family detached dwelling can be developed pursuant to Subsection G(1)(d)[7] above on any vacant lot containing at least 50 acres.
I.
One full credit shall be subtracted from the total credits to be
transferred from the tract, and so recorded in the Record of Transfers,
if a subdivision of lots occurs between at least 15 acres but less
than 50 acres in size for one new lot created for an existing or proposed
single-family detached dwelling unit. The land owner must decide whether
to utilize a credit at the time of easement dedication. Subdivision
of the premises resulting in parcels of at least 50 acres is permitted
without the use of a TDR credit.
J.
Should the Township acquire ownership of a sending parcel, the land
may be used for recreation coincidental with the definition of "public
areas" while continuing to promote farmland preservation, conservation
of open space, and preservation of view sheds.
A.
It is understood that the TDR Program is voluntary. The Master Plan
and Zoning Ordinance provide a reasonable balance between the number
of credits which are allocated to the sending area(s) and the capacity
of the acreage within the receiving area(s) to accommodate transferred
credits; however, if a number of landowners/developers within the
receiving area elect to subdivide their land without the use of credits,
it is conceivable that more credits capable of being transferred will
have been created than available locations for their receipt. Recognizing
the inherent unfairness which may be visited upon a property owner
in the sending zone or his assignee should property be enrolled within
the program without there being in existence an adequate area within
the receiving zone to utilize the credits so created, this subsection
has been created to provide relief. Section C, 40:55D-154 of the Municipal
Land Use Law establishes standards for the rebuttable presumption
that the development transfer ordinance is no longer reasonable and
as such a land owner may seek disenrollment if the ordinance is deemed
to be no longer reasonable by the Township.
B.
If a rebuttable presumption exists pursuant to N.J.S.A. 40:55D-154 and the Township has failed to demonstrate that any of the criteria in N.J.S.A. 40:55D-156a-d have been met or if the Township has repealed this Article VI, a landowner owning a parcel of land enrolled within a TDR program and having imposed the required TDR deed of easement on the land may apply to the Joint Land Use Board for disenrollment of the procedures set forth below.
C.
Procedure for disenrollment.
(1)
A landowner who desires to disenroll his land from involvement with
the TDR program shall follow the following procedures:
(a)
The landowner, on forms authorized by the Board and obtained
from the Township Clerk, shall submit to the Administrative Officer:
[1]
The original and two copies of a fully completed application
for TDR disenrollment form.
[2]
Review fees.
[3]
The original and two copies of the disenrollment document designed
to terminate the restrictions imposed upon the landowner's property.
[4]
Clear proof of title provided by the landowner.
[5]
Proof that none of the credits created for the property by enrollment
have been used by another property owner or developer through the
filing of a deed of credit transfer or assigned to a third party who
does not consent to the disenrollment application.
(b)
The Administrative Officer shall, within 45 days of receipt,
determine that the application is complete.
(c)
Upon determination that the application is complete, the Administrative Officer shall schedule a public hearing before the Joint Land Use Board on notice to the public unless the Township has repealed this Article VI. At this hearing, the Joint Land Use Board shall determine whether a rebuttable presumption exists pursuant to N.J.S.A. 40:55D-154 and if so whether any of the criteria specified in N.J.S.A. 40:55D-156a-d exist. In reaching these conclusions, the Joint Land Use Board shall take into consideration all evidence, both submitted in favor of and in opposition to the relief required, in accordance with the procedures normally available for development applications before the Board. After this review, the Board shall reduce its findings to a written resolution recommending to the Township Committee whether to grant or deny the application proposed. If the Board fails to act within 90 days of the date the application is submitted, unless this time period is extended by the applicant, the application shall be deemed denied and the applicant shall be required to reapply if relief is to be obtained.
(d)
If the application is approved, the record before the Board, including its findings, shall be submitted to the Township Committee, to the applicant and to all persons who participated in the public hearing. The Township Committee shall review the proceedings before the Joint Land Use Board and determine whether good cause exists for the relief specified. If they agree that the relief should be granted or if the Township has repealed this Article VI, they shall direct the Mayor and Township Clerk to execute the disenrollment document. Upon execution by the Mayor and Clerk, approval to disenroll shall be recorded in the County Clerk's Office.
(e)
The landowner shall request approval of the release of the restrictions
imposed upon the landowner's property from the Commissioner of Environmental
Protection in accordance with the requirements of the New Jersey Conservation
Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1
et seq. Proof of the release, which is evidenced by a certificate
of the Commissioner of Environmental Protection, shall be recorded
in the same manner as the restriction and the disenrollment document.
(f)
Upon receipt of proof of recording of the disenrollment document
and the release certificate issued by the Commissioner of Environmental
Protection, the Administrative Officer shall:
D.
The landowner seeking disenrollment shall be responsible for all
costs associated with the review of the disenrollment, including professional
fees authorized by this article.
E.
The landowner may extend the time limits for administrative action
by the Administrative Officer or by the Planning Board. This right
to extend shall not apply to any time period set forth in this article
for recording of a document.
A.
The use of development credits shall occur as indicated on an approved
plan for the receiving area lots that have been specified for development.
Receiving area lots have "by-right" densities as established in the
TDR real estate market analysis as base zoning that may be exercised
as part of the TDR development process.
B.
Each of the permitted housing types shall be equal to the following
development credits for units transferred from the sending zone(s):
|
US 322 Corridor Receiving Zone:
| |
|---|---|
|
1.3 Single-family detached
|
= 1 credit
|
|
2.25 Duplex or twin unit
|
= 1 credit
|
|
2.95 Townhouse
|
= 1 credit
|
|
3.3 Urban apartment/flat
|
= 1 credit
|
D.
The TDR development option may be exercised only for parcels located
within receiving zones or districts. Applicants exercising the TDR
development option shall submit an application that includes land
within both the areas or districts in accordance with their respective
requirements. Application for receiving zone development may only
be made after the layout for that portion of the receiving districts
intended for importation of credits from the sending zone(s) has received
preliminary subdivision approval from the Planning Board. The applicant
shall have secured through an equity interest all necessary credits
for increasing the permitted density in the receiving area(s) prior
to final action being taken by the Planning Board.
E.
Prior to any approval of a receiving area development plan, the Joint
Land Use Board shall find the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject properties conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(2)
That the proposals for the maintenance and conservation of common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(3)
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
That the proposed development will not have an unreasonably adverse
impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and the residents, occupants and
owners of the proposed development in the total completion of the
development are adequate;
(6)
That the proposed development will have adequate public water and
public sanitary sewer capacity for the intensity of development requested.
F.
The Joint Land Use Board shall act upon an application for a development
within the receiving area in the same time and manner as for a preliminary
major subdivision application pursuant to N.J.S.A. 40:55D-48. No action
shall be taken upon the development application unless a complete
submission has been made in accordance with the applicable checklist.
G.
Affordable housing requirements.
(2)
For residential uses in the RR-BD and MU Zoning Districts, a minimum of 204 units shall be affordable, subject to all applicable housing requirements as contained in Article XII.
(3)
For residential units in the RR Zoning District, a development fee
of 1.5% of the equalized assessed value of the residential construction
shall be paid into the Township's Housing Trust Fund.
