It is the intent of this article to create a
realistic opportunity for the construction of a portion of the low-
and moderate-income housing obligation of the Township of Hamilton
under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq.;
the rules of the New Jersey Council on Affordable Housing, N.J.A.C.
5:93-1 et seq.; and the Mt. Laurel doctrine, as well as to settle
litigation entitled Harding Highway, LLC v. Township of Hamilton,
et al., Docket No. ATL-L-155-04 (Mount Laurel). Furthermore, the purpose
of a planned village development (hereinafter "PVD") is to facilitate
the development of affordable housing for low- and moderate-income
households within designated portions of the regional growth area
while continuing to encourage innovations in residential development
and supportive public, quasi-public and neighborhood commercial uses
that promote a sense of community for the benefit of the development's
residents, minimize the proliferation of roadways, encourage functional
open space and passive recreational facilities and, at the same time,
encourage land development that is fiscally responsive to the community
and yet environmentally sound.
As used in this article, the following terms shall have the meanings indicated and shall supplement or supersede the definitions in §
203-18:
AFFORDABLE HOUSING UNIT
A dwelling unit with a sales price or rent within the means
of a low or moderate income household as defined in N.J.A.C. 5:94-7.
AGE-RESTRICTED UNIT
For the purpose of a PVD, an age-restricted unit shall mean an adult household as defined in Subsections A and B of the definition of a "planned adult community" found in §
203-18.
MARKET-RATE UNIT
Dwelling units that are not restricted to low- and moderate-income
households that may sell or rent at any price determined by a willing
seller and a willing buyer.
STACKED TOWNHOUSE
For the purpose of a PVD, a stacked townhouse shall mean
a residential structure of not more than three stories or 40 feet,
consisting of a multistory residential unit located on top of, in
part or whole, either a single-story residential unit (a.k.a. a flat
unit) or another multistory residential unit each with an entrance
on the first floor, each separated by a fire-rated assembly, each
intended for occupancy as separate living quarters for two or more
families, each located on a single lot if available for fee simple
ownership, and each available for ownership in fee simple or as condominium,
or for rental.
TOWNHOUSE
For the purpose of a PVD, a townhouse shall mean a dwelling
unit in a residential structure of not more than three stories or
40 feet, containing not fewer than three one-family dwelling units
each with an entrance on the first floor and each being separated
by a fire-rated assembly and each intended for separate ownership
or rental.
The following uses are permitted in a PVD.
A. Residential development, including:
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings.
(3)
Townhouses, including stacked townhouses.
(4)
Apartment and/or condominium units including
units located over commercial uses, units located over parking and
freestanding apartment and/or condominium buildings.
B. Churches, schools or similar facilities, subject to the additional requirements of Article
XV of this article.
C. Community buildings, pools, and similar recreation
facilities designed as part of the PVD, subject to any pertinent special
regulations.
D. Neighborhood commercial development as provided for in §
203-247 of this article.
The mix of various uses is designed to encourage
a mix of housing types to promote diversified population and housing.
A. Required housing mixes.
(1)
No more than 30% of all dwelling units may consist
of two-story apartments over retail space such as would be found in
a traditional main street area.
(2)
A minimum of 40% of all dwelling units shall
consist of one or more of the following: single-family detached, single-family
attached (duplex), townhouses or stacked townhouses, provided that
the number of market-rate non-age-restricted single-family detached
units is a minimum of 20% of total units.
(3)
No more than 25% of all dwelling units may consist
of age-restricted housing in three-story buildings constructed over
parking.
B. Affordable housing set asides.
(1)
Twenty percent of the total units developed
in a PVD shall be set aside for occupancy by low- and moderate-income
households ("affordable housing") if the affordable units are offered
for sale; or
(2)
Fifteen percent of the total units developed
in a PVD shall be set aside for occupancy by low- and moderate-income
households if the affordable housing units are offered for rent.
(3)
Affordable housing units may be age-restricted,
provided that the number of age restricted affordable units does not
exceed one-third (33.34%) of the total affordable units in the PVD.
(4)
Affordable units shall comply with the New Jersey
Barrier-Free Subcode accessibility requirements, N.J.A.C. 5:23-7,
as required by the state Fair Housing Act, as amended by P.L. 2005,
c.350.
(5)
The affordable housing shall be developed and
sold or rented in accordance with the current applicable COAH rules,
including requirements on: split between low- and moderate-income
housing, bedroom distribution, range of affordability, pricing and
rents of units, affirmative marketing, affordability controls, and
construction phasing with the market-rate units developed on the tract.
C. Pinelands development credits (PDCs).
(1)
Pinelands development credits shall be acquired
and redeemed at a rate of one right (0.25 credit) for every four non-income-restricted
housing unit (i.e., 25% of all market-rate residential units, including
age-restricted units) developed in a PVD.
(2)
Pinelands development credits shall be purchased in proportion to the number of units in each phase of the project pursuant to the provisions of §
203-171C(4).
(3)
No PDCs shall be required to be purchased with
respect to any affordable units constructed in an inclusionary project.
(4)
No PDCs shall be required with respect to the nonresidential components of a PVD, provided that any commercial development complies with provisions of §
203-247A.
D. Age-restricted units. The maximum number of age restricted
units in a PVD shall not exceed one-third (33.34%) of the total units
developed.
Neighborhood commercial (NC) uses, as established in §
203-58, are permitted in a PVD with the intent being to encourage development of mixed commercial/residential structures (e.g., apartments/condominiums over commercial space) in a traditional main street configuration, subject to the following provision.
A. Up to a maximum of 15% of the land area in a PVD may
be used for commercial purposes, provided that no more than 5% of
the land area is occupied by commercial uses without a residential
component.
B. The commercial area shall be integrated into the internal
circulation system of the PVD (roads, bikeways and walkways) to encourage
and promote activity and usage by the residents of the PVD and adjacent
development.
Open space shall be designed as an integral
part of all PVD projects and shall provide a range of opportunities
for active and passive recreation as well as protect and preserve
the natural environment.
A. The minimum area of total open space in a PVD shall
be 40% of the developable land within the site. For the purpose of
this calculation, total open space shall consist of all areas not
covered by buildings or impervious surfaces, including, but not limited
to, perimeter buffers, yard areas of single-family and townhouse units,
recreation areas, parking lot areas and islands that are landscaped
or unpaved, etc.
B. Active recreational facilities shall be provided in accordance with §
203-158, as appropriate, in relation to the number of dwelling units proposed in the project.
C. Except as provided for in Subsection
C(1) (below) the developer shall be permitted to buy out of the active recreation obligation only in accordance with §
203-158I, however, recreation fees applicable to affordable units shall be 50% of the amount required by that section.
(1)
The recreation fees applicable to Block 1134
Lot 1 shall be as follows: market-rate units, $2,500/unit; affordable
units, $1,250/unit.
D. The distribution of developed and undeveloped common
open space shall be designed to the maximum extent practicable to
coincide with the orientation of the housing units and the user population
in a manner that provides uninterrupted and easy access.
E. Linkage of developed open space shall, to the maximum
extent practicable, be provided as a system of pathways (walkways,
bikeways, etc.) which connect developed open spaces.
F. Development in the vicinity of undeveloped open space
shall be designed to protect the site's natural resources, animal
habitat, flood-prone areas, etc. The undeveloped open space shall
be utilized to provide protection for critical ecosystems within the
project site and to preserve in perpetuity the natural assets of the
project area.
G. All open space shall be recorded in the master deed
for each project to reflect its permanency for such space. Such document
shall be submitted to the Planning Board prior to final approval.
The following parking standards shall be required
for the specified uses listed in a planned residential development:
A. Parking for the residential component of a PVD shall
be regulated by New Jersey Residential Site Improvement Standards.
B. See §
203-60 for on-site parking requirements applicable to commercial and mixed commercial/residential uses.
C. Off-street on-site parking facilities shall be limited
to passenger vehicles of permanent residents. Storage of trucks, boats,
trailers, etc., in multifamily projects shall be prohibited.
D. Design controls applicable for off-street parking
facilities are set forth in the site plan and subdivision regulations
of this article.
E. Parking for community buildings, if any, shall be
based upon one off-street on-site space per 120 square feet of building
area.
F. Bike racks permanently in place shall be provided
at all recreational facilities based upon estimated user demand.
G. Parking for recreational facilities shall be provided
based upon the need generated by individual facilities.
All planned residential developments are required to submit a detailed landscaping plan, prepared by a professional landscape architect, pursuant to requirements established in Article
XIV, Environmental Review and Site Analysis.
A. Landscaping objectives and uses of plants. Landscape
design is an important element in creating a well-conceived planned
residential development; accordingly, in site design it has a role
greater than just screening and aesthetic function. Thus, the following
elements are set forth to identify the areas of landscaping design
required as part of any planned residential development.
(1)
Architectural uses. Plants, singly or in groups,
form walks, canopies or floors of varying heights and densities creating
walls of privacy, plant canopies, plant floors, etc.
(2)
Engineering uses. Engineers are concerned with
such items as glare, traffic, noise control, soil erosion, etc. Utilizing
well-chosen and properly placed plant material, noise, soil erosion,
glare, etc. can be reduced.
(3)
Climate control uses. Shade trees, windbreak
trees and snowfence plants are examples of plants used for climate
control.
(4)
Aesthetic uses. Plants can be used to blend
together various unrelated elements, such as buildings, utility structures
or inharmonious land uses. Landscaping can be very effectively used
to improve a building design by complementing a building's design
through color, texture, seasonal configurations, highlighting areas
of interest using landscaping creatively with lighting and signage,
etc.
(5)
Water as landscape. Water areas can be a handsome
and often functional addition to a site design by utilizing detention
basins, serving engineering purposes, as part of the landscaping element.
Through creative engineering and good landscape design, such areas
can add substantially to the quality of any planned residential development.
(6)
Wildlife habitat. Wildlife habitat is an important
element in large tract development where large areas of open space
are to remain undisturbed. Designs must inventory this habitat and
assure its continuity, either through supplementing habitat, preserving
it or both. Accordingly, the design for development must address such
concerns with concrete alternatives.
(7)
Preservation of existing vegetation. Site and landscape designs shall comply with the provisions of §
203-182, Tree preservation.
B. Planting requirements. All areas not covered by roadways,
pedestrian walkways, parking areas, etc. shall be landscaped with
natural materials according to a landscaping plan submitted as part
of the site plan application process. The minimum number of trees
planted in lots as buffers or in parking areas shall be as follows:
(1)
Canopy trees. There shall be a minimum number
of five canopy trees, three inches in caliper measured six inches
from the top of the root ball, per each proposed residential unit.
Clump or flowering trees incapable of being measured six inches from
the top of the root ball shall be at least 12 feet high at the time
of planting.
(2)
Shrubs and ornamental planting. (Note: The developer
shall select all plant material in this category from approved Pinelands
plant material. To assure variation, plant material shall include
at least four distinct categories of plants. Such plant material shall
be at least 40% mature at the time of planting.) The minimum number
of this type of plant material shall be 20 plants per dwelling unit
for townhouses and single-family housing types and 15 plants per unit
for garden apartments. The intent, however, is to assure the proper
uses of understory plant material along the edges of buildings, walkways,
bases of signs, bases of streetlights, creation of plant walls, highlighting
entranceways, restricting entry to certain areas, basic ornamental
planting, etc.
C. Special landscaping emphasis. The following standards shall be supplemental to those requirements of Subsection
B above in cases where the Board determines that such requirements have not been met through the minimum standards set forth in Subsection
B.
(1)
Parking lots. All parking lots in a planned
unit development shall be landscaped in the following fashion:
(a)
At a minimum, every 10th parking space shall
be interrupted with a canopy tree three inches in caliper measured
six inches from the top of the root ball. Such tree shall be planted
at least four feet into an island perpendicular to the curb so that
it is clear of vehicle overhang and opening doors. The tree shall
be so positioned and the island designed so that the landscaping will
not interfere with pedestrian circulation.
(b)
All overhang areas shall be designed with a
hard surface from the outside edge of the wheel bumper (head of parking
stall to a distance of three feet beyond that point).
(2)
Dwelling unit to edge of parking. The area extending
between the wall of a dwelling unit to the edge of any parking area
shall be landscaped to achieve a visual separation with a combination
of hedges, shrubs, bollards or other similar techniques.
(3)
Dwelling unit to edge of street. The area extending
between any dwelling unit and street edge shall be landscaped with
screen, buffer or ornamental planting as required to provide an appropriate
transition between the two elements.
(4)
Privacy areas. The patio and similar areas designated
for privacy shall be landscaped with screen, canopy and ornamental
planting.
(5)
Maintenance, storage and refuse collection areas.
These areas shall be landscaped with buffer and screen plantings to
provide visual physical separation of such elements from contiguous
areas.
(6)
Landscaping for energy conservation. Landscape
planting generally throughout the site shall be utilized to provide
buildings with summer shade canopies, maximum winter exposure to sun,
windbreaks, etc.
(7)
Wildlife habitat. The utilization of landscape
planting to promote the creation and/or preservation of wildlife habitat
must take form at two levels. The first effort is required in the
areas referred to as "developed common open space." These include
parks, playgrounds, backyards, walkways, etc., in which plant material
selected to satisfy the needs of the human population can also have
food and shelter value for bird and small game species. The second
effort lies in the protection of the habitat value of the undeveloped
open space and augmenting such habitat with plant material that further
promotes food and shelter values.
(8)
Developed common open spaces. The developed
open spaces throughout any project area shall be landscaped according
to an overall plan incorporating existing plant material and supplementing
it.
(9)
Utility fixtures, such as transformers, heat
pumps, etc., throughout the site shall be screened with a combination
of fencing and landscaping.
(10)
The rear yard and first floor of the rear outside
wall of any single-family dwelling, attached or detached, must be
buffered/screened from the view of any street classified as a collector,
arterial, freeway or expressway.
D. Maintenance of landscaped areas.
(1)
All landscaped areas shall be maintained in
a neat and professional manner throughout the life of the project,
to include the replacement of plant material as required.
(2)
The agency, office or person charged with such
responsibility shall be designated. All areas of the site plan to
be under a common association responsibility shall be designated on
the site plan.
(3)
Retention of native plant material. All efforts shall be made to retain natural plant material as required by §
203-182. Clearing shall be limited to roadways and building sites and other areas essential for the development pursuant to those sections relating to fire management and vegetation as provided for on the approved grading and soil erosion and sediment control plans.
(4)
Substitutions of existing plant material for
required landscaping. Subsequent to construction of each project phase,
the developer may request the Planning Board to verify the acceptability
of existing native plant material and its suitability as a substitute
for any proposed landscape plan.
(5)
Location of landscape material. All landscape
material shall be located so as not to obstruct vision in parking
areas, along roadways or in other areas accessible to motorized vehicles.
(6)
In the Pinelands Area, landscaping plans shall incorporate the elements set forth in §
203-185A(4).
Signs permitted in a PVD are identified in Article
XIII, Signs, of this article. All signs utilized in a PVD shall, at a minimum, be consistent with the above section, as well as:
A. Be constructed of natural materials in architectural
character with the project.
B. Be landscaped at their base in a manner to highlight
the immediate area around the base of the sign.
Fences permitted in a planned village development are identified in §
203-173, Maximum height requirements for fences, walls and hedges.
In the event that an applicant is unable to achieve the densities set forth in §
203-249A of this article because of the requirements of the section relating to wetlands protection, the Planning Board shall waive or vary such requirements of this article regarding distances between buildings and the required housing mixes as are necessary to allow the developer to achieve the densities authorized in §
203-249A. In administering this provision the applicant shall have the burden of demonstrating that the assigned densities are not achievable, and the Planning Board shall have discretion to determine which requirements of this section shall be waived or modified.
The Planning Board shall conduct its review
of any development application in PVD District in accordance with
the fast-tracking requirements of COAH rules, currently codified at
N.J.A.C. 5:94-8. The applicant for a development application in the
PVD Zone shall be entitled to invoke any rights conferred by COAH
rules, including the right to request relief from cost-generating
application requirements and development standards that are not essential
to protect the public health and safety and reasonable variances and
waivers necessary to construct the inclusionary development, in accordance
with N.J.A.C. 5:94-8. These waiver and variance provisions shall not
apply to development standards adopted by the Township that were established
by the New Jersey Pinelands Commission pursuant to N.J.A.C. 7:50-6
and the requirements for the purchase of PDCs.