Planned unit developments shall be permitted
as designated on the Official Zoning Map as an overlay district where, if the general regulations
are met, an applicant may file an application for development under
the standards of this article. In the Planned Unit Development District
(PUD), the following general regulations shall apply:
A. Minimum gross acreage of tract: 100 acres.
B. Minimum developable land area: 70 acres.
C. Maximum gross residential density: one unit per acre.
D. Minimum net residential area (including associated
open space area): 70% of developable land area.
E. Minimum required open space: A minimum of 40% of the
gross acreage of the planned unit development shall be set aside for
common open space and recreation or public open space and recreation.
F. Public water and sewer: All planned unit developments
shall be served by public water and public sanitary sewer.
A building or buildings may be erected, altered
or used and a lot may be occupied or used for any of the following
purposes or combination of purposes:
A. Residential uses.
(1) Single-family detached dwellings.
(2) Age-restricted single-family semidetached, townhouse and/or garden apartment dwellings pursuant to §
400-32.
B. Commercial uses.
(1) Retail sales and services, including personal services.
(5) Day-care facilities duly licensed by the State of
New Jersey.
(6) Health care facilities, including but not limited
to medical offices, health maintenance organizations, health clinics
and other similar facilities, excepting hospitals.
(7) Health and recreation clubs and facilities, including
fitness centers, sports clinics, racquet sport facilities, clubhouses
and other similar facilities.
C. Institutional uses.
(1) Public and private educational, cultural, religious
and recreational facilities and charitable institutions.
(2) Life-care and continuing-care facilities; and nursing
homes.
(3) Social, fraternal, social service, union and civic
organizations.
(4) Municipal facilities and public utility substations.
D. Recreation and open space uses.
(1) Private active or passive recreation facilities.
(2) Municipal active or passive recreation facilities.
(3) Conservation lands and wetlands.
(4) Areas established for the protection of scenic views
to and from the site.
The following are accessory uses permitted in
conjunction with a principal use in the planned unit development district:
A. Residential uses.
(3) Garden sheds for outdoor storage, provided that the
structure is no greater than 120 square feet of floor area nor greater
than 10 feet in height.
B. Commercial uses.
(1) Vehicle storage in conjunction with a business, provided
that:
(a)
All storage areas shall be designated on the
site plan and buffered from public view by a landscape screen.
(b)
All repairs and washing of such vehicles shall
take place in an enclosed structure.
(2) Garages for the maintenance of vehicles used in conjunction
with a business, provided that:
(a)
No garage opening shall face a public street.
(b)
No outdoor storage of parts or materials shall
be permitted.
C. Other incidental uses typically accessory to the principal
use.
The following use may be permitted when authorized by the Planning Board pursuant to §
400-13 of the Code of the Borough of Gibbsboro:
A. Gasoline filling stations, provided that the conditions
of § 400-75 are met.
Within any planned unit development, at least 5%, but no more than 35%, of the total number of housing units, exclusive of institutional uses, shall be age-restricted housing pursuant to §
400-29A and this article.
The following bulk regulations shall apply in
all planned unit developments:
A. Calculation of land use areas. The following calculations
shall be used to determine the allocation of land uses for the planned
unit development:
(1) Calculation for gross acreage.
(a)
Determine the tract size in acres by actual
property survey.
(b)
Subtract the following:
[1]
Land within existing or their future rights-of-way,
including streets, overhead transmission lines, pipelines, communications
lines or other rights-of-way, in acres.
[2]
Land without development rights due to conservation
or other easements, restrictive covenants or state riparian rights,
in acres.
(2) Calculation for developable land.
(a)
Determine gross acreage of tract.
(b)
Subtract the following:
[1]
Land that is in watercourses or water bodies
and floodplains, in acres.
[2]
Land that is in freshwater wetlands and their
buffers, and aquifer recharge areas, in acres.
[3]
Land that is in slopes in excess of a fifteen-percent
grade over 50 horizontal feet, in acres.
(3) Calculation of required open space.
(a)
Open space shall equal no less than 0.40 times
the gross acreage.
(b)
Open space shall contain no less than 25% developable
land.
(c)
Open space may be included in either residential
or nonresidential land areas.
B. Planned unit development tract requirements.
(1) Building setback from tract perimeter: 50 feet from
any tract boundary.
(2) Building setback from an overhead utility line or
underground pipe or line easement or right-of-way: 100 feet.
(3) Parking area or internal driveway or street setback
(excluding entrances and exits) from tract perimeter: 35 feet.
C. Residential use area, yard, height and coverage requirements.
(1) Single-family detached dwelling requirements.
(a)
Minimum lot area: 10,000 square feet.
(b)
Average lot area: 15,000 square feet.
(c)
Minimum lot frontage at the street line: 55
feet.
(d)
Minimum lot width at the building line: 75 feet.
(e)
Maximum building area: 30% of the lot area.
(f)
Maximum lot coverage: 50% of the lot area.
[Added 2-18-2014 by Ord. No. 2014-01]
(g)
Minimum front yard: 30 feet in depth.
(h)
Minimum side yard: 10 feet for one side yard;
25 feet aggregate for both side yards.
(i)
Minimum rear yard: 20 feet in depth.
(j)
Maximum building height: 35 feet.
(k)
Accessory use setbacks from any property line:
eight feet, except that no accessory use shall be located in the front
yard.
(2) Single-family semidetached dwelling requirements.
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum lot width at the building line: 40 feet.
(d)
Maximum building coverage: 40% of the lot area.
(e)
Maximum lot coverage: 60% of lot area.
[Added 2-18-2014 by Ord. No. 2014-01]
(f)
Minimum front yard: 30 feet in depth.
(g)
Minimum side yard: 10 feet in width for one
side yard; zero feet for the other side yard.
(h)
Minimum rear yard: 20 feet in depth.
(i)
Maximum building height: 35 feet.
(j)
Accessory use setbacks from any property line:
eight feet, except that no accessory use shall be located in the front
yard.
(3) Townhouse and garden apartment dwelling requirements.
(a)
Minimum dwelling width: 18 feet.
(b)
Maximum number of dwelling units in one building:
[1]
Building with all townhouses: eight units.
[2]
Building with all garden apartments: 16 units.
[3]
Building with both dwelling types: 12 units.
(c)
Minimum distance between buildings:
[1]
From the front or back of any building to any
other building or structure: 50 feet.
[2]
From the side of any building to any other building
or structure: 30 feet.
[3]
The Planning or Zoning Board, after due consideration
of plans, testimony or other evidence, may waive strict compliance
with this subsection to further the architectural relationship of
building groups.
(e)
Maximum building length through the long axis:
240 feet.
(f)
Minimum setbacks of buildings from streets or
parking areas:
[1]
From a collector or arterial street: 50 feet.
[2]
From any other street or internal roadway: 30
feet.
[3]
From any parking space, excluding private driveway
parking: 12 feet.
[4]
From any parking space to a collector or arterial
street: 20 feet.
(g)
Additional area and yard requirements for units
marketed on a fee simple basis:
[1]
Minimum lot size: 1,200 square feet.
[2]
Minimum lot frontage and width: 18 feet.
[3]
Maximum building coverage: 80% of lot area.
[Added 2-18-2014 by Ord. No. 2014-01]
[4]
Maximum lot coverage: 90% of lot area.
[Added 2-18-2014 by Ord. No. 2014-01]
(h)
Each building shall contain central laundering
facilities unless each unit is supplied with an area devoted to such
use.
D. Commercial use area, yard, height and coverage requirements.
(1) Minimum lot size: 1/2 acre.
(2) Minimum lot frontage and width: 100 feet.
(3) Maximum building coverage: 30% of lot area.
(4) Maximum impervious surface coverage: 75% of the lot
area.
(6) Minimum distance of commercial buildings from residential
buildings: 100 feet.
(7) Minimum front yard: 30 feet in depth.
(8) Minimum side yard: 20 feet in width.
(9) Minimum rear yard: 30 feet in depth.
(10)
Parking area setback. No parking area shall
be permitted within 30 feet of a street line or 10 feet of any other
property line or building.
(11)
Minimum landscape screen width adjacent to residential
uses or open space: 25 feet.
E. Institutional use area, yard, height and coverage
requirements.
(1) Minimum lot size: 1.5 acres.
(2) Minimum lot frontage: 100 feet.
(3) Maximum impervious surface coverage: 75%.
(5) Minimum distance of nonresidential buildings from
residential buildings: 100 feet.
(6) Minimum front yard: 50 feet in depth.
(7) Minimum side yard: 25 feet in width.
(8) Minimum rear yard: 40 feet in depth.
(9) Parking area setback. No parking area shall be permitted
within 30 feet of a street line or 10 feet of any other property line
or building.
(10)
Minimum landscape screen width adjacent to residential
uses or open space: 25 feet.
F. Open space requirements.
(1) Minimum lot size: three acres.
(2) Minimum lot frontage: 200 feet on a public or private
street.
(3) Minimum lot width: 200 feet.
(4) Active recreation areas and facilities may be counted
as part of the minimum open space requirement or may be included as
part of residential development areas.
Housing unit types that are restricted to certain
persons by age must comply with the federal requirements of the Fair
Housing Amendments Act of 1988 as implemented in 24 CFR Part 100,
Subpart E, Housing for Older Persons, as it may be amended or superseded.
Before construction of any building for use or occupancy by any person begins within a finally approved section of a planned unit development, all on-tract and off-tract improvements, including roadways and/or roadway improvements, public water, sewer or storm drainage systems or other needed improvements, the need for which was totally or partially created by the proposed planned unit development, shall be built and completed or their completion prior to such use and occupancy shall have been guaranteed as provided in §
400-37, Municipal development agreement, and §
400-41, Guaranties, of this article and satisfactory agreements entered into for guaranties on a staged basis as development proceeds.
A. Cost of improvements. The applicant shall bear the
cost of all required off-tract improvements which have a rational
relationship to the need created by, and benefits conferred upon,
the planned unit development.
B. Off-tract improvements.
(1) At the time application for general development plan
approval for a planned unit development is made and again upon application
for site and/or subdivision approval, the applicant shall provide
the Planning Board with an estimate of the types and costs of off-tract
improvements determined necessary by the Planning Board and the amount
by which other properties, including the planned unit development,
benefit thereby. Such estimate at the time of application for final
approval shall provide detailed supportive data which shall include,
but not necessarily be limited to:
(a)
The total cost of improvement.
(b)
The estimated value of the benefit to the applicant.
(c)
The estimated value of the benefits conferred
upon others in terms of reasonable likelihood of the use.
(d)
The time when such benefits are likely to be
conferred.
(e)
The reasonable, useful life of the off-tract
improvements.
(f)
The inflation, or other significant changes,
in the cost of construction over the life of the off-tract improvements.
(2) Such estimate at the time of application for general
development plan approval shall be applicant's best estimates for
each of the six above factors, together with his basis therefor.
(3) The Borough Planning Board shall forward the supportive data to the Borough Council for a decision as to which improvements are to be constructed by the municipality as a general improvement, or whether construction is to be done by the developer with a formula providing for partial reimbursement to the developer by other property owners, where the improvements specially benefit properties other than the planned unit development. Such data shall be used by the Borough Council in formulating the municipal development agreement pursuant to §
400-37 of this article.
The implementation of an approved general development
plan shall be guaranteed by a municipal development agreement between
the Borough and the applicant which shall set forth all the conditions
of approval and the rights and obligations of both parties with respect
to the timing, cost, guaranty and responsibility of providing the
required on-site and off-site improvements necessary as a result of
the development of the approved planned unit development.
In the event that a plan is given general development plan approval and thereafter, but prior to subdivision or site plan approval, the applicant shall elect to abandon part or all of said plan and shall so notify the Borough Planning Board in writing, or in the event of the applicant shall fail to file application for site plan or subdivision approval within the required period of time pursuant to Chapter
324, Site Plan Review, or Chapter
358, Subdivision of Land, respectively, of the Code of the Borough of Gibbsboro, the general development plan approval shall be deemed to be revoked and all that portion of that area included in the plan for which subdivision or site plan approval has not been given shall be subject to those Borough ordinances applicable thereto as they may be amended from time to time.
In the event that a plan is given general development
plan approval and thereafter the applicant shall abandon said plan
and shall so notify the Borough Planning Board in writing, or in the
event that the applicant shall fail to obtain preliminary approval
on any part of the project within five years from the date general
development approval has been granted, then and in that event, such
general development plan approval shall terminate and be deemed null
and void unless such time period is extended by the Borough Planning
Board upon written application by the applicant, and any performance
guaranty shall be utilized by the Borough to complete any unfinished
public improvements on the site. Any remaining portion of the performance
guaranty after completion of unfinished public improvements shall
be returned to the applicant.
Performance and maintenance guaranties shall be required pursuant to Article
III of Chapter
324, Site Plan Review, of the Code of the Borough of Gibbsboro.
Any decision of the Borough Planning Board granting
or denying general development plan approval of a plan or authorizing
or refusing to authorize a modification in a plan shall be deemed
to be a final administrative decision and shall be subject to judicial
review.
Subject to the exceptions stated below, no building
permit shall be issued within any section of a planned unit development
until a plan of the development for that section has been finally
approved and the pertinent provisions of the plan have been recorded.
"Pertinent provisions" of the plan shall mean those required to be
recorded pursuant to N.J.S.A. 40:55D-76 and 40:55D-35 prior to issuance
of a permit and such other provisions as the Borough Planning Board
requires to be recorded with the final plan under the terms of its
preliminary approval of subdivisions and/or site plans.
A. Improvement permits. After a plan has been given preliminary site plan or subdivision approval, as the case may be, permits for any improvements that are the subject of §
400-35 may be issued.
B. Model dwelling units.
(1) After a plan has been given preliminary site plan
or subdivision approval, as the case may be, the applicant shall be
entitled to permits for model dwelling units in single-family detached,
townhouse or multifamily structures for purposes of marketing. Requirements
for receiving permits for model dwelling units will include the submission
of the following information by the applicant for review by the Borough
Planning Board:
(a)
The number and types of model dwelling units
to be constructed.
(b)
The site plan, grading plan, landscape plan,
floor plan and elevations of the model dwelling units.
(c)
The utilities plan indicating methods of water
supply and sewage disposal.
(d)
A schedule indicating the period of time which
the model dwelling units will be displayed for marketing purposes
and the estimated dates they will be offered for sale.
(2) Such structures will be permitted only if they pose no threat to health or safety, and provided further that the applicant agrees to demolish and remove the same and to restore the land to its original condition in the event that final site plan or subdivision approval, as the case may be, is denied and that this performance thereunder is guaranteed in accordance with §
400-41 of this article.