[Amended 3-7-2006 by Ord. No. 8-2006; 10-17-2006 by Ord. No. 33-2006; 1-16-2007 by Ord. No. 1-2007; 7-17-2007 by Ord. No. 24-2007; 7-7-2009 by Ord. No. 21-2009; 8-3-2010 by Ord. No. 14-2010; 8-2-2023 by Ord. No. 19-2023]
Article VI of the Municipal Land Use Law[1] authorizes municipalities to adopt an ordinance providing
for planned developments in the form of planned unit developments.
This form of planned development encourages and promotes flexibility
and economy in layout and design while preserving substantial open
space, including agricultural lands and environmentally sensitive
lands. The general purposes of planned unit development are as follows:
A.
To encourage the assemblage of tracts of land into development units
which can be planned overall for long-term development;
B.
To promote flexibility in layout and design through clustering, thereby
waiving strict adherence to individual lot and area zoning requirements;
C.
To require that any common open space resulting from the application
of standards for the intensity of land use be set aside for the benefit
and use of the owners and residents in the development;
D.
To encourage the protection of the natural resources on the land
and to provide more usable open space for active and passive recreational
uses;
E.
To ensure that the amount, location and purpose of the common open
space is adequate and that the proposed conservation and maintenance
of it is reliable;
F.
To promote economy in the layout and design of lots and structures
to reduce site preparation costs and thereby reduce product costs
to the consumer;
G.
To require the developer to adequately design the circulation system,
public services system, and the amenities of air, light, recreation
and visual enjoyment for the residents of the entire development;
H.
To encourage development of affordable housing for low- and moderate-income
households through the provision of inclusionary housing set asides;
and
I.
To provide for a flexible approval process which allows for revisions
that are responsive to changes in the marketplace without rezoning
the property.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Planned unit development shall be permitted in various forms
in accordance with the provisions of this article. This form of planned
development is authorized as a permitted use in the following zoning
districts:
|
LMU
|
Lakeshore Mixed Use District
|
One of the prime objectives of a planned unit development of
land is the availability and quality of open space made possible by
deviation from usual zoning requirements. The following general criteria
shall govern the eligibility of an application for development for
this type of planned development:
A.
A minimum land area shall be met for the form of planned unit development
authorized within the specific zoning district in accordance with
the following sections of this article.
B.
One person or one legal entity shall own or control by deed, contract,
option or other legal instrument the land area at the time that the
application is filed for a planned unit development.
C.
(Reserved)
D.
Municipal sewage shall be available to the project site at the time
that the application is filed or planned to be online at the time
of project occupancy.
E.
Municipal water shall be available to the project site at the time
that the application is filed or planned to be online at the time
of project occupancy.
F.
Planned unit developments shall comply with all impact evaluation
requirements applicable to conventional developments contained in
this chapter.
G.
Except as otherwise provided in this article, planned unit developments
shall comply with the design and performance standards applicable
to conventional developments contained in this chapter.
H.
Planned developments may be built in stages, provided the applicant
can demonstrate to the satisfaction of the Planning Board the following:
(1)
The plans submitted for preliminary approval shall delineate each
phase and include an expected construction schedule.
(2)
The planned development may provide for a greater or lesser concentration
of density within a section than the overall project density, provided
that it is offset by a lesser or greater density in subsequent stages.
(3)
Each stage of development shall be substantially self-functioning
and self-sustaining with regard to traffic circulation and access,
utility services, off-street parking and loading and open space.
(4)
Each stage shall be properly related to every other stage of development
and the neighborhood and community as a whole and to all necessary
community services needed in the future to accommodate the proposed
development.
I.
All planned developments of 200 dwelling units or greater are responsible
for obtaining water allocation for the project from the New Jersey
Department of Environmental Protection. Such water allocation must
include the addition of source of supply capacity, such as the addition
of one or more new wells, such that it increases the City's firm
source capacity by three times the average daily flow of the entire
project as determined by the Residential Site Improvement Standards,
N.J.A.C. 5:21-5 et seq., and the New Jersey Department of Environmental
Protection Safe Drinking Water Act regulations, N.J.A.C. 7:10-12 et
seq. The applicant also shall obtain an increased monthly allocation
of 1.5 times the average monthly flow for the entire project and an
increased annual flow equal to the average annual flow projected for
the entire project. The City must be the applicant for any modification
in its water allocation permit. The developer for the project, however,
is financially responsible for all aspects of obtaining additional
water allocation, including all application fees and engineering costs.
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the planned development,
in its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The general development
plan and the site plan shall conform to the following general design
standards:
A.
Land use standards.
(1)
Lots and structures shall be laid out to the greatest extent feasible
in a manner to preserve the natural landscape of the site, including
the scenic vistas as seen from the public roadways.
(2)
Lots and structures shall be laid out to the greatest extent feasible
in a manner to meet the energy conservation standards contained in
this chapter.
(3)
Lots and residential structures shall be arranged to maximize privacy
for residents and neighbors in the surrounding community and to minimize
conflict with abutting uses and exposure to nuisance factors such
as lighting glare and noise.
(4)
The safety of the residents shall be considered in project design
particularly with regard to the elements of circulation, landscaping,
lighting and the location of lots and structures.
(5)
Residential development shall be evaluated in accordance with the
standards for the type of residential units proposed such as attached
single-family, detached single-family, and multifamily housing types.
B.
Circulation standards.
(1)
A traffic impact study shall be submitted with the application for
development as required by this chapter.
(2)
Traffic facilities affording general access to and circulation within
the development may be developed as public streets or private roads.
However, access must be perpetually available to residents and emergency
vehicles.
(3)
Streets contained within the development shall conform with the design
standards contained in this chapter. The City has the right to refuse
to accept streets proposed as public streets if they do not meet these
standards.
(4)
At least one public street or private road access shall be permitted
for each development unless the approving authority finds that additional
access is required because of the characteristics of the adjacent
streets. In no case shall developments have primary access through
abutting properties unless the property is completely landlocked.
Secondary access may be permitted off tract only after the affected
residents have been notified and a public hearing has been held.
(5)
The approving authority may require whatever off-tract improvements
are necessary to accommodate projected traffic impacts based on the
development's proportional share of additional traffic to ensure
safe vehicular and pedestrian circulation.
(6)
If a shared access street or road is developed to serve two or more
developments, or a single development with two or more owners, appropriate
dedication or easement documents must be submitted to ensure perpetual
access to each development.
(7)
Clear sight triangles shall be required where streets intersect dedicated
public streets. A distance of 300 feet shall be maintained clear of
obstructions measured from the stop sign of the streets within the
development.
(8)
Principal vehicular access points shall be designed to encourage
smooth traffic flow with controlled turning movements and minimum
hazards to vehicular and pedestrian traffic. Merging and turnout lanes
or traffic dividers shall be required where existing or anticipated
heavy traffic flows indicate need. Minor streets shall not be directly
connected with other streets by internal driveways or roads in such
a manner as to encourage the use of minor streets by substantial amounts
of through traffic.
(9)
Access for bicyclists and pedestrians entering or leaving the site
shall be made by convenient and safe routes. Such access need not
be adjacent or limited to the vicinity of access points for motor
vehicles. Sidewalks shall be constructed for pedestrian access. Bicycle
and pedestrian paths within the development shall be encouraged to
be separated from motor vehicle traffic to the greatest extent feasible.
Bicycle paths shall be interconnected with the existing or proposed
bicycle circulation system for the City.
(10)
Where there are bicycle or pedestrian paths from within the
development to a street at its edge, no material impediment to visibility
shall be created.
(11)
Curbing shall be required along all public streets and the streets
within the development in accordance with standards contained in this
chapter.
(12)
Concrete sidewalks shall be required along all dedicated public
streets and the streets within the development in accordance with
standards contained in this chapter. Sidewalks shall be required to
connect all residential units to parking areas. Paths intended for
recreational use may be constructed of materials other than concrete.
(13)
Off-street parking lots and spaces exposed to public streets
or adjacent to one- and two-family residential neighborhoods shall
be bermed or screened by walls or other solid materials in addition
to landscaping.
(14)
Resident spaces for one- and two-family residential structures
may be provided by driveways allowing a maximum of two stacked cars.
Garages may be counted toward meeting the parking requirements only
if the management organization prohibits their conversion to living
space.
C.
Open space standards.
(1)
Open space shall include an area of land or water essentially unimproved
and reserved for public or private use or enjoyment; provided, however,
that the land may be improved with those structures and improvements
that are designed to be incidental to the natural openness of the
land.
(2)
Common open space shall include an area of land reserved for the
use or enjoyment of the owners and residents of the development. Such
land may contain complementary structures and improvements as are
appropriate and necessary for the use or enjoyment of the owners and
residents of the development, including active and passive recreational
uses.
(3)
The common open space shall be considered part of the open space
for the purpose of fulfilling the open space requirements contained
in this article.
(4)
Wherever feasible, the common open space shall connect to existing
conservation lands, historic sites, parks or recreational lands, or,
as applicable, lands proposed for these uses in the Master Plan.
D.
Local service and utility standards.
(1)
The development shall be serviced by the municipal wastewater collection
and treatment system. The developer shall design and construct a common
system on site to tie into the municipal system.
(2)
The development shall be serviced by the municipal water system.
The developer shall design and construct a common system on site to
tie into the municipal system.
(3)
All electric, telephone, television and other communication facilities,
both main and service lines, shall be provided by underground wiring
within easements or dedicated public rights-of-way and installed in
accordance with the prevailing standards and practices of the utility
or other companies providing such services. Overhead lines may be
permitted as an exception by the Planning Board in areas of severe
geological conditions. The placement and alignment of the poles shall
be designed to lessen the visual impact of overhead lines.
(4)
The developer shall provide adequate and efficient methods for handling
solid waste disposal, including materials that are required to be
recycled pursuant to municipal ordinance.
E.
Stormwater management standards.
(1)
Stormwater management systems shall emphasize a natural drainage
strategy as opposed to an engineered drainage strategy. The applicability
of a natural drainage strategy depends on such factors as site storage
capacity, open channel hydraulic capacity and maintenance needs and
resources.
(2)
Where natural drainage strategies are inadequate to accommodate stormwater
management for the site, detention facilities and other stormwater
facilities shall be designed and engineered according to the best
available technology.
(3)
When the site contains or is adjacent to natural lakes, ponds, rivers,
streams or wetlands, the runoff collection system shall be designed
to prevent watershed runoff into these areas to the greatest extent
feasible.
(4)
A stormwater management system shall be designed and engineered to
prevent an increase in nonpoint pollution to the greatest extent feasible.
F.
Environmental and visual standards.
(1)
An environmental impact study shall be submitted as required by this
chapter. It shall include an inventory and general description of
the natural attributes of the site, including an inventory and general
description of the soils, topography, vegetation, geology and surface
hydrology on the site.
(2)
The design and placement of lots and structures shall be made in
a manner to integrate the development attractively and harmoniously
with its surroundings to enhance the natural features of the site.
(3)
Careful attention shall be given to the design and quality of all
structures and site amenities so that they are compatible within the
development and compatible with the natural landscape.
(4)
Adequate and functional lighting shall be located so as to provide
maximum aesthetics and safety while minimizing glare and nuisance.
(5)
Special natural features such as lakes, streams, wetlands and woodlands
as well as scenic views shall be preserved to the greatest extent
feasible.
(6)
Existing topography and natural drainage patterns shall be retained
to the maximum extent feasible.
(7)
Grading and construction plans shall comply with applicable soil
erosion and sediment control regulations.
(8)
Fences, walls or hedges shall be utilized at the edges of the site
where buffers or screening are needed to protect the residents from
undesirable views, lighting glare, noise or other off-tract influences
which are undesirable.
(9)
Off-street parking areas, service areas and areas for the collection
and storage of garbage and refuse shall be screened by a visual barrier
of at least six feet in height.
The approving authority may grant a waiver or an adjustment
to a particular design or performance standard contained in this article
if the Board finds that the use of a more flexible design or performance
standard will achieve or enhance the benefit intended by this chapter.
No design or performance standard contained in this chapter shall
be waived where it adversely affects public health, safety or general
welfare.
Where improvements outside of the boundaries of the planned
unit development are necessary to insure adequate access or provision
of necessary facilities or utilities such as drainage, street, sewer
and water, plans for such off-tract improvements shall accompany the
preliminary plan.
A.
Purpose. Planned adult community development or continuing care retirement
community are authorized as an option for development and land conservation
within the Lakeshore Mixed Use District (LMU) in accordance with the
standards contained in this chapter. The purpose of a planned adult
community development or continuing care retirement community is to
maintain the natural, rural and scenic qualities of the LMU-Lakeshore
Mixed Use District by preserving sensitive environmental features
and significant open lands while providing necessary housing opportunities
for an aging population.
B.
Eligibility criteria.
(1)
An application for development shall be made on lands with a minimum
size of 150 acres which shall be under the control of one person or
one ownership entity and which may include noncontiguous parcels.
(2)
An application for development shall demonstrate that the project
can be serviced by the municipal wastewater collection and treatment
system and the municipal water system.
(3)
Any site proposed for development must include sufficient uplands
and developable acres to support a community of at least 150 age appropriate
single-family homes or apartments in independent living, congregate
or assisted facilities.
C.
Land use standards.
(1)
Permitted uses shall be as specified in a general development plan
(GDP).
(2)
Permitted accessory uses shall include project maintenance buildings,
private attached garages architecturally integrated into residential
structures, bus shelters, golf courses, swimming pools, tennis courts
and other similar recreational uses.
(3)
Permitted ancillary commercial uses shall include neighborhood shopping
centers, office and medical services and other similar uses that primarily
serve the residents of the development. Where residential and nonresidential
uses are combined within a single structure, the land area shall be
counted as residential in nature. However, such space shall be counted
in the total square feet provided. This limitation shall not apply
to any community buildings that may include restaurants, small sundry
shops or other fee for service amenities as part of the overall civic
nature of the facility.
D.
Bulk, coverage and density standards.
(1)
Bulk standards. In order to provide full flexibility in the design
and layout of residential lot and structures and to insure a compatible
relationship between all residential uses and residual land uses,
an application for development shall not be required to meet the minimum
lot size, minimum lot depth and the minimum yard dimensions within
the LMU-Lakeshore Mixed Use District. However, the bulk variations
allowed shall meet all public health, safety and general welfare requirements,
including the building and fire codes.
(2)
Open space and civic uses.
(a)
The total area of open space within the development shall be
at least 50% of the gross acreage. A minimum of 30% of the total land
area of the development shall be set aside as conservation areas.
The common open space shall include a community center with a minimum
interior space of 10 square feet per dwelling unit located within
the development. The center shall include a swimming pool, tennis
courts or similar recreational uses sufficient to satisfy the active
recreational needs of the residential community.
(b)
The active and passive recreational needs of the residents shall
be met through the community center and a network of small parks or
nature trails designed for bicycle and pedestrian travel.
(c)
An application for development may include any vacant parcel
toward the calculation of required open space that is contiguous with
the subject parcel whether it is located within the City or outside
the City, provided the approving authority of the affected jurisdiction
approves the plan.
(d)
Except for easements for underground utilities, further subdivision
of the residual land or its use for other than agriculture, conservation,
or noncommercial recreation shall be prohibited. Buildings and structures
accessory to these uses may be erected on the residual land, subject
to site plan review by the approving authority.
E.
Design standards.
(1)
Lots and structures shall be laid out to the greatest extent feasible
so they are located on the least environmentally sensitive area of
the site and in a manner which maximizes the preservation area for
long-term conservation.
(2)
Lots and structures shall be laid out to the greatest extent feasible
to limit the points of access onto the external roadway system in
order to minimize continuous development frontage on highways while
providing sufficient connections for efficient traffic flow.
(3)
A buffer zone of at least 150 feet in width shall be required between
residential and environmentally sensitive areas such as floodplains,
natural drainageways, unique vegetation, wetlands and wildlife habitats.
F.
Performance standards.
(1)
The land proposed to be set aside for common open space may be dedicated
by the developer to the City for public use. The City reserves the
right to accept or reject the proposed dedication.
(2)
If the common open space is not dedicated to the City and accepted
by the City, the developer shall provide for an organization to own
and maintain the common open space for the benefit of the residents
of the development. These lands shall be owned by one of the following
legal entities: owned jointly or in common by the owners of the building
lots or owned by a land conservation trust. The agreement of the management
organization shall guarantee continued ownership and maintenance of
all of the common open space.
(3)
All preservation lands shall be owned by one of the legal entities
described above and shall be subject to a permanent deed restriction
or conservation easement.
(4)
As part of the agreement of the management organization, residents
shall be informed of the environmental sensitivities of the area and
shall be provided with all guidelines and restrictions that are identified
by the Planning Board in its review which are necessary for the protection
of the environmental elements.
(5)
The applicant shall provide copies of the articles of incorporation,
bylaws, deeds with covenants, deeds with easements, deeds of trust
and the management agreement which provides for the ownership and
maintenance of the common open space.
A.
Purpose. The planned lakeshore community development shall be a planned
development permitted within the Lakeshore Mixed Use District (LMU).
The purpose of the planned lakeshore community development option
is to create a village node with amenities, open space, and a strong
pedestrian network utilizing a grid or grid modified for environmental
factors in the layout and design of streets, parks, and the siting
of buildings. The development is intended to be built at a neighborhood
scale with blocks arranged for pedestrian mobility and integrated
into public spaces occupying prominent locations combined with a mix
of housing types and lot sizes within such blocks to create a walkable
and diverse new community.
B.
Eligibility criteria. The following eligibility requirements shall
be met in order for an applicant to exercise this option:
(1)
An application for development shall be made with a minimum tract
area of 300 acres under the control of one person or one development
entity.
(2)
An applicant submitting an application for development within the
planned lakeshore community development shall be responsible for obtaining
an adequate water allocation for the project from the New Jersey Department
of Environmental Protection. The water allocation request shall include
the additional source of supply capacity, such as the addition of
one or more new wells, to the extent that it increases the City of
Millville's firm source capacity by a minimum of three times
the average daily flow of the entire project as determined by the
Residential Site Improvement Standards (N.J.A.C. 5:21-5 et seq.) and
the New Jersey Department of Environmental Protection Safe Drinking
Water Act regulations (N.J.A.C. 7:10-12 et seq.). The applicant shall
also obtain an increased monthly allocation of 1 1/2 times the
average monthly flow for the entire project and an increased annual
flow equal to the average annual flow projected for the entire project.
Millville City shall be the applicant for any modification to its
water allocation permit; however, the developer of the planned lakeshore
community development shall be financially responsible for all aspects
of obtaining the additional water allocation permit or increase in
allocation including all application fees, engineering fees, and other
similar fees and costs. A minimum of 40% of the total tract area shall
be in permanently preserved open space. Stormwater management facilities
equal in area up to a maximum of 5% of the total tract acreage may
be counted towards the minimum open space requirement, provided that
such facilities are suitably landscaped and conform to the New Jersey
stormwater management requirements.
C.
Land use standards.
(1)
Accessory uses. The following uses and structures accessory to the
above uses shall be permitted:
(a)
Accessory uses: Buildings and structures or uses customarily
incidental and subordinate to the principal use of land or buildings
located on the same lot with the principal use or building are permitted.
(b)
Community center for the common use of all residents.
(c)
Community swimming pool for the common use of all residents.
(d)
Outdoor recreational facilities, including tennis or other court
sports.
(e)
Off-street parking and private garages.
(f)
Common satellite dish and television antennae.
(g)
Management building and sales office.
(h)
Maintenance building.
(2)
The planned lakeshore community development may be age-restricted.
(4)
Walking distance. Eighty percent of the total number of lots for
dwellings shall fit within a single one-mile diameter circle.
(5)
Additional requirements. The following additional requirements shall
apply to the perimeter of any planned lakeshore community development.
(a)
Except for recreational structures within common or public open
space, no building or lot shall be permitted within 300 feet of the
normal water elevation of Union Lake.
(b)
Woodland retention. Within areas identified for common open
space or public open space, at least 70% of the existing woodland
shall remain.
D.
Area, lot, coverage and density standards shall be proposed in a
general development plan.
