[Added 4-21-2003 by Ord. No. 2-2003;
amended 6-4-2007 by Ord. No. 6-2007; 12-7-2009 by Ord. No. 16-2009]
The following described property shall be included
in the Restricted Planned Residential Development Zone, and the Zoning
Map of the Borough of Hamburg is accordingly amended: Block 11, Lot
30, and Block 11.01, Lot 1, as shown and designated on the Tax Map
of the Borough of Hamburg.
This zone is designated for single-family detached
residences.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article XXV: public utilities uses.
Accessory uses customarily incident to the above
uses, provided that they do not include any activity commonly conducted
for profit. Accessory uses specifically permitted are:
The following general development standards
for the overall tract shall be met in the Restricted Planned Residential
Development Zone:
A.
Minimum tract area for open space shall be 25%.
B.
All public utilities shall be installed in accordance with the standards of Chapter 186, Subdivision of Land.
C.
Maximum building coverage: 25% of the total area of
the tract.
D.
Minimum tract area shall be 20 acres.
E.
The design layout of buildings shall provide, where
possible, that the front of one building does not face the back of
another building or accessory buildings.
F.
Minimum distance of buildings from interior street
or driveway: 30 feet.
G.
Minimum distance of a building from any on-site parking
lot, garage or other accessory building: 20 feet.
H.
Buildings shall not exceed two stories or 35 feet
in height, whichever is lesser. Height shall be measured from ground
level or finished grade to the highest point on the roofline. Architectural
features that adapt to the natural topography of a tract, e.g., walkout
basements, shall not be included in the height dimension.
I.
Buildings may be owned either in the conventional
manner or as a condominium; provided, however, that said two types
of ownership shall not coexist in any tract.
J.
The maximum overall tract density shall not exceed
three dwelling units per acre.
K.
Interior streets, roads, sidewalks and driveways shall
comply with the Residential Site Improvement Standards of the State
of New Jersey.
The following minimum standards for single-family
detached lots and dwellings shall be met in the Restricted Planned
Residential Development Zone:
A.
Each lot shall have a minimum area of 5,000 square
feet, with at least 25% greater than the minimum area.
B.
Each lot shall have a minimum of 50 feet of road frontage
on a single road. Where a lot is on a curve of a cul-de-sac, a minimum
of 2/3 of the required road frontage shall be required. Road frontage
shall be measured as the horizontal distance between the side lots
along the street line.
C.
Each lot shall have a minimum depth of 100 feet.
D.
Each lot shall have one side yard, a minimum of 10
feet, and may have a zero lot line on the other side yard.
E.
Each lot shall have a minimum front yard of 25 feet.
F.
Each lot shall have a minimum rear yard of 30 feet.
G.
Each single-family detached dwelling shall contain
a minimum floor area of 1,500 square feet.
H.
The principal structure shall cover a maximum of 40%
of the total lot area.
I.
Usual and customary accessory structures may be constructed
in the side and rear yard areas of a lot, provided they are not located
within five feet of a lot boundary.
The following off-street parking area requirements
shall be met in the ARPR Age-Restricted Planned Residential Development
Zone.
A.
The off-street parking requirements for the Restricted
Planned Residential Development Zone shall comply with the Residential
Site Improvement Standards of the State of New Jersey.
B.
If it can be clearly demonstrated that, because of
the peculiar nature of any use, all the required parking is not necessary,
the Planning Board may permit a reduction in the amount of parking
area to be paved; provided, however, that the entire parking area
shall be shown on the plans submitted so that it will be available
in the event future conditions should so require.
Arable soil shall not be removed from the tract
during construction, but shall be stored and redistributed on the
site. Arable soil shall be regraded on site to a minimum depth of
six inches. Such areas shall be stabilized by seeding or planting
in accordance with the approved landscaping plan.
Each structure within the development shall
have a compatible architectural theme with the variations and designs
to provide attractiveness to the development which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design such as varying unit widths, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facade, singularly or in combination for each dwelling unit.
A.
Areas considered open space. Open space shall consist of vacant ground and lands improved and having structures situated thereon as previously approved by the Board, which lands and buildings shall be available for parks, or other recreational uses acceptable to the Planning Board, pursuant to § 215-60.3 and in harmony with the uses of adjacent and nearby properties.
B.
Not more than 50% of any water areas such as lakes,
ponds, streams, swamps or brooks shall be recognized in this computation
to ensure compliance with the requirements for usable open space for
all purposes and pursuits. In determining the area of any of the aforesaid
water area, floodplains and areas where the seasonal high water table
reaches zero feet shall be deemed to be included in such water area.
C.
Areas not considered as open space. Open space land
shall not include yard areas, land area within the right-of-way of
public or private streets and land area between walkways, sidewalks
and buildings wherein the principal use of said land is to provide
for pedestrian traffic to and from buildings.
Open space areas in a Restricted Planned Residential
Development Zone development shall be located in accordance with the
following standards:
A.
Streams and their floodplains, natural wetland areas
with slopes in excess of 15% and any other environmentally sensitive
areas in the tract shall be included in open space areas.
B.
Any unique or unusual attractive feature of terrain
or vegetation such as scenic overlooks, level open areas suitable
for playing fields, stands of large trees or areas of particular value
as wildlife habitat shall be included in open space.
D.
No individual area devoted to open space shall be
less than one acre in area or less than 50 feet in width at its narrowest
point.
A.
Natural areas. A minimum of 20% of the open space
in a Restricted Planned Residential Development Zone development shall
be designated and maintained as a natural area.
(1)
Clearing of brush and dead timber shall be required
where necessary to eliminate fire hazard.
(2)
Clearing of obstructions or jams from streams
or waterways shall be required where necessary to ensure unimpeded
flow; provided, however, that no channelization shall be permitted.
(3)
Hiking or bicycling trails and bridle paths
may be constructed and maintained.
(4)
Chemical agents may be used to control weed
growth or algae bloom or for fish management in lakes and ponds.
(5)
Natural areas shall otherwise be maintained
undisturbed in their natural state. No garbage or debris shall be
permitted to accumulate, except that leaves, grass and shrub clippings
may be deposited in properly located and maintained compost heaps.
B.
No chemically powered engines shall be used in a natural area except for the performance of functions designated in Subsection A hereof.
C.
Active recreation areas. A minimum of 25% of the open
space in a Restricted Planned Residential Development Zone development
shall be improved and maintained as an active recreation area.
D.
Use of active recreation areas shall be limited to
athletic fields and courts, golf courses, equipped playgrounds, swimming
beaches and pools, picnic tables, fireplaces, boat docks or boathouses
and the like.
E.
An area devoted to active recreation shall not be
located within 100 feet of the tract boundary.
F.
Active recreation areas shall be planted and landscaped
so as to provide proper ground cover and neat appearance, and such
plantings shall be maintained and trimmed so as to continue to provide
ground cover and free use of the area for its intended purposes. No
areas of bar dirt shall be permitted except for properly maintained
base paths or infields on a baseball field, clay tennis courts, sand
bathing beaches or the like.
G.
All playing surfaces, fences and other improvements
or equipment in active recreation areas shall be maintained in good
repair.
Every structure or group of structures and uses,
and every designed plot area or cluster unit having services, facilities
or utilities in common private usage and in common ownership or control
by its occupants, or which functions as an independent corporate property
owner or agent of management, shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management, as may be established by ownership
in full or partial fee or lease under deed covenant, lease contract
or such other conditions or usage or occupancy legally established
and recorded therefor; and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of a Restricted Planned Residential Development Zone residential development
with the Municipal Tax Assessor.
In any approved development, as provided for
in this article, the following standards shall apply in addition to
all other standards contained in this chapter. In cases of conflict,
provision of this section shall apply.
A.
Water and sewer services. Water and sewer services
shall be constructed in accordance with applicable regulations of
the Public Utilities Commission in accordance with all state, county
and municipal regulations. In the event of conflict between the various
codes and requirements of said entities, the more restrictive regulation
shall govern.
(1)
Central sewage disposal plant. Sewage disposal
shall be by means of a central sewage plant. Such disposal plant shall
be in accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and county and municipal board
of health requirements, if any. Such disposal plant shall be constructed
in accordance with the requirements of the Department of Environmental
Protection, Department of Health, the County Sewer Authority and the
Board of Health of the Borough and shall be subject to their regulation
and approval.
(2)
Central water system. Potable water shall be
provided by means of a central water system. Such water system shall
be in accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and county and municipal board
of health requirements, if any. Such central water systems shall be
constructed in accordance with the requirements of the Department
of Environmental Protection, Department of Health, County Sewer Authority
and of the Board of Health of the Borough and shall be subject to
their regulations and approval.
(3)
Approval of water and sewage systems. The proposed
water and sewer systems shall be approved by the Borough Board of
Health before any building permit shall be issued, notwithstanding
approval of any other agency, whether state of county, unless the
Board of Health of the Borough shall certify that the approval of
such other approving agency is sufficient in its opinion that no further
approval by the municipal board is required.
(4)
The developer shall not be required to construct
a central sewage disposal plant or central water system where tie-in
with an existing municipal or regional system is available for the
development.
(5)
Fire hydrants. Fire hydrants shall be provided
in such a manner so that no apartment building or townhouse cluster
is further than 60 feet from a hydrant from its furthermost point,
and fire hydrants shall be provided in such a manner as to provide
protection in accordance with generally recognized standards in conjunction
with all other structures. Said fire hydrants shall be serviced by
a system to be determined in accordance with recommendations of the
Municipal Engineer, said system at least meeting the minimum requirements
of the fire underwriters for fire protection, for the type of construction
anticipated, taking into consideration location of various structures,
topography and general layout and design. The recommendations of the
Municipal Engineer shall be made to the Planning Board.
B.
Streets and blocks. Streets and blocks within a Restricted
Planned Residential Development Zone development shall conform to
the provisions of the Residential Site Improvement Standards of the
State of New Jersey.
C.
Landscaping and screening.
(1)
All development shall be provided with liberal
and functional landscaping schemes. Roads and pedestrian walks shall
be provided with shade trees which are of minimum size, designated
in DBH, and character as designed by the Borough. Open space adjacent
to buildings, malls between buildings to be utilized by residents
and border strips along the side of pedestrian walks shall be graded
and seeded to provide a thick stand of grass or trees and shrubs.
Areas not used for buildings, terraces, drives and parking spaces
shall be seeded and landscaped and shall be maintained in a stable
and well kept condition. Screening or buffers, consisting of planting
strips and fences, shall be required around any other similar area,
along property lines, between different designated uses and around
all parking areas in order to provide for shielding from unsightly,
disturbing or light-glaring areas. Clothes drying areas shall not
be permitted out of doors. Refuse disposal areas shall be completely
enclosed.
(2)
The developer shall furnish, along with the
plans and specifications required under this chapter, landscaping
plans drawn by a recognized landscaper, which shall include plans
for lighting the grounds, roads, drives, walks, parking areas and
building entrances as well as the plantings and other landscaping
intended.
D.
Refuse disposal. Developments shall provide curbside
refuse disposal service to each residence.
E.
Outside lighting. Adequate lighting shall be provided
to minimize hazards to pedestrians and motor vehicles along interior
streets, roads and driveways, in parking areas, near exterior and
interior entrances and along pedestrian walks.
Where open space is not dedicated to the Borough
or other government entity, the applicant shall dedicate such area
for the uses herein before set forth and shall establish a property
owners' association which shall consist of all owners of lots in the
planned residential development and shall own and maintain the open
space areas. The applicant shall submit, as part of his/her subdivision
application, a copy of such association's agreement or charter, including,
but not limited to, the following information:
A.
Scheme for creation of the organization.
B.
When said organization will assume responsibility.
C.
The duties of the organization.
D.
The method by which the organization will be funded.
E.
Provisions for enforcement of the discharge of duties
by the organization.
F.
Method by which open space shall be maintained in
perpetuity.
The property owners'/homeowners' association
shall not be dissolved without the consent of the Borough. Open space
areas shall not be disposed of without the consent of the Borough.
If the property owners'/homeowners' association
fails to maintain the open space areas in accordance with the provisions
of this chapter, the Borough may take over such maintenance under
the following procedure:
A.
The Zoning Officer shall serve the written notice
upon all the property owners in the planned residential development
specifying all maintenance violations. The notice shall set a time,
date and place for a hearing before him/her on said violations, which
hearing shall be held not more than 15 days after the date of service.
B.
At the hearing, the property owners shall have the
right to contest the existence of maintenance violations and to show
good cause why the time period to cure violations should be extended.
Within 10 days of any such hearing, the Zoning Officer shall give
to the owners his written findings on any such contentions and showings
which may have been advanced.
C.
The property owners'/homeowners' association shall
have a time period of 35 days after receipt of notice to cure all
maintenance violations. The Zoning Officer may, for good cause shown,
grant a reasonable extension of the time period, not to exceed a total
of 65 days.
D.
If the property owners have not cured all violations
within the specified time period, the municipality shall take over
maintenance of the open space areas. The maintenance costs shall be
assessed pro rata on the basis of assessed valuation against all lots
in the planned residential development. This assessment shall become
a lien and tax on them and be added to and be a part of the taxes
to be levied and assessed thereon and enforced and collected with
interest by the same officers and in the same manner as other taxes.
E.
One year after municipal takeover, and each succeeding
year thereafter, the property owners shall have the right to a hearing
where they may show cause why the property owners'/homeowners' association
should be permitted to resume maintenance of the open space areas.
The Zoning Officer shall serve written notice upon all the property
owners in the planned residential development at least 15 days prior,
which notice shall state the time, date, place and purpose of such
hearing.
A.
The applicant shall submit the application and other
required plans and materials as though the application was for a major
subdivision under the provisions of ordinances of the Borough and
amendments thereto.
B.
In addition to the requirements of Subsection A hereof, the application, plans and materials shall set forth the following:
(1)
The density and land use to be allocated to
the various parts of the site to be developed.
(2)
The use or uses of land and buildings and the
height, dimensions, elevation and location of the buildings and other
structures.
(3)
Distances between buildings and distances between
buildings and rights-of-way, drives, parking areas or property lines.
(4)
The provisions for off-street parking, including
location of ingress and egress, the size and location of driveway
access aisles, parking spaces, pedestrian paths and lighting.
(5)
Location of all areas on the subject property
where the seasonal high water table reaches zero feet.
(6)
Landscaping plans in compliance with this chapter.
C.
The Planning Board shall review the application, together with the other required plans and materials as herein above set forth, as though the application were for a major subdivision, holding a public hearing, ascertaining whether or not the applicant has complied with the provisions and requirements of this chapter and the applicable provisions and requirements of Chapter 186, Subdivision of Land, and amendments thereto, and issuing preliminary and final approvals upon proof of compliance with said provisions and requirements.
All regulations herein pertaining to open space,
including maintenance, shall be incorporated into the rules and regulations
of the property owners'/home owners' association.
This article is deemed severable. In the event
any provision herein is deemed invalid or voided by a court of competent
jurisdiction, the rest and remainder shall remain in full force and
effect.
This article shall take effect upon passage
and publication as provided by law.
