[Added 6-25-1984 by Ord. No. 1984-11]
The PAS District is created to provide for a
mixed residential option zone within the Township of Mount Holly.
Within the district, the developer of land will be able, upon the
approval of an appropriate application, to develop his land with a
variety of housing types, including apartments and townhouses. The
standards for development set forth below are designed to encourage
imaginative, flexible, and innovative design approaches to the use
of land. Within the district, the developer is encouraged to utilize
a variety of land use approaches, including standard height and multistory
structures to create a unique visual environment consistent with land
development patterns in the area effected. All developments within
the district shall employ techniques designed to maximize the use
of site scheduled for development by senior citizens. The provisions
of this article of this chapter shall be interpreted to carry out
the purposes set forth above.
Unless the contest clearly otherwise provides, the terms, provisions and words used within this article shall be defined and have the meanings given to them under the provisions of N.J.S.A. 40:55D-1 et seq., except that "apartment house," "dwelling unit" and "townhouse" shall be as defined in § 149-1.
A.
B.
Accessory uses. The following accessory uses and no
others shall be permitted:
(1)
Private garage or off-street parking facility
or area.
(2)
Recreational use or facility, such as an in-ground
swimming area, tennis and sports facility or play area designed to
serve the residents of the apartment/townhouse development.
(3)
Bus shelter, telephone booth, privacy fence
or any small trash receptacle enclosure provided in conjunction with
an apartment/townhouse development.
Within a PAS District the following signs and
no others shall be permitted:
A.
One house identification sign for each townhouse unit
constructed, located on the same lot upon which the townhouse is located,
either attached to the unit or freestanding, not exceeding two square
feet in total sign area.
B.
One apartment house identification sign affixed to
the facade of the apartment house, not exceeding 75 square feet in
total sign area.
C.
One freestanding apartment house identification sign
located on the same lot as an apartment house, no higher than 25 feet
in height and containing no more than 75 square feet in total sign
area.
D.
Such directional signs as are approved by the reviewing
Board for traffic safety.
E.
Such temporary development identification signs as
are approved by the reviewing Board to advertise the development,
provided that all such signs shall be removed once 90% of the available
units have been built and initially occupied.
All uses not specifically authorized above shall
be deemed prohibited within the PAS District.
For any building or group of buildings on a
lot, the following area and height regulations shall apply:
A.
Lot area and lot width.
(1)
Minimum area requirement. The total area of
a tract developed under the terms of this section of this article
shall not be less than four acres, and the tract width at the building
line shall not be less than 300 feet.
(2)
Lot area for townhouse units. The total lot
area for each townhouse unit shall be no less than 2,000 square feet
in area.
(3)
Lot area for apartment houses. The total lot
area for an apartment house shall be no less than the combined total
of the following:
B.
Building coverage and minimum living area. Not more
than 20% of the tract may be occupied by buildings, except that where
all structures are three stories or less, 25% of the tract may be
occupied by buildings. The minimum living area requirements per dwelling
unit are as follows:
(1)
Four hundred twenty-five square feet for each
efficiency or no bedroom dwelling unit.
(2)
Six hundred twenty square feet for each one
bedroom dwelling unit.
(3)
Eight hundred square feet for each two bedroom
dwelling unit.
(4)
One thousand one hundred square feet for each
three bedroom dwelling unit.
C.
Building placement.
(1)
General setback requirement. No building or
permanent structure, other than a permitted sign, bus shelter or telephone
booth, shall be erected within 20 feet of a proposed right-of-way
line and 40 feet of an existing right-of-way.
(2)
Front yard setback. The fronts of all buildings
shall be set back at least 20 feet from proposed right-of-way lines.
(3)
Rear yard setbacks. The rear of all buildings
shall be set back at least 25 feet from the rear property line of
the lot upon which it is located.
(4)
Side yard setbacks. A minimum ten-foot side
yard on each side of all buildings constructed shall be provided.
(5)
Minimum distance between buildings. A minimum
distance of 30 feet shall be provided between all buildings constructed
on the tract. Open space areas may be provided to accommodate the
extra space.
(6)
Minimum buffer area. A minimum buffer area,
25 feet in width, shall be provided along all tract property lines.
The area shall be planted with appropriate buffer plantings as approved
by the reviewing Board.
(7)
Modification. A reviewing Board is authorized
to modify the application of the above standards without the need
for a variance, provided that the applicant demonstrates that at least
90% of the units constructed comply with the above provisions and
that such a modification will not adversely effect the spatial relationship
sought to be created by the above standards.
D.
Height. No building shall exceed six stories or 80 feet in height, subject also to the provisions of Article XXVII. For any building which is more than 35 feet in height, the setback requirement shall equal the maximum height of the building. Buildings greater than 35 feet in height shall be located on the site so as not to create an adverse visual impact, promote pedestrian and vehicular movement on site and decrease site angles from adjacent streets.
A.
Generally. All applicants seeking approval for a development
within the district are required to obtain preliminary and final subdivision
and/or site plan approval for the proposal. Generally, all applications
for such approval shall be submitted, processed and reviewed in accordance
with the provisions elsewhere contained within this chapter for such
approvals. In addition, all applicants seeking approval under this
section shall comply with the provisions of this section. In the event
of a conflict between the provisions of this section and other provisions
of this chapter, the more restrictive provision shall control.
B.
Application requirements.
(1)
Application forms. All applications for development approval shall be submitted on forms approved by the reviewing Board for the type of relief requested by the applicant. The application form shall be accompanied by the appropriate application fee and escrow fee required by other provisions of this chapter and by such other documentation as is needed to provide the information required under Subsection B(2) below. No application shall be deemed complete for review purposes unless and until the application form, fees and information required below is submitted.
(2)
Information required. The application form shall
be accompanied by plans or other documentation which will provide
the following information:
(a)
A map to scale showing the location, boundaries,
dimensions and ownership of the area to be included in the proposed
development.
(b)
A statement outlining the uses to be included
and the general program of development proposed.
(c)
A plan showing the land areas to be allocated
to major uses or groupings of uses, access to public streets, buffer
provisions and such other information which shows the applicant's
concept of the general layout of the entire area proposed to be developed
and its relationship to surrounding areas even though the project
may be developed in stages.
(d)
The location, use, design, dimensions and height
of each proposed building or structure and the area of the tract devoted
to buildings.
(e)
The design, location and character of the buffer
areas, fences and screening devices to be maintained, including the
dimensions of all areas devoted to planting lawns, trees or other
landscaping devices.
(f)
The provisions made for water supply, drainage,
sewage, disposal, exterior lighting and other utilities.
(g)
The provisions made for exterior signs.
(h)
The provisions made for the cleanliness and
maintenance of the common areas, including all parking, landscaped
and buffer areas; refuse disposal; traffic control; and police protection,
and a statement defining the responsibility of the owner, manager
or other responsible party with respect to maintenance of the premise
and refuse disposal.
(i)
Sufficient data in all instances to enable the
reviewing Board to:
[1]
Judge the effectiveness of the design and character
of the entire tract or district.
[2]
Consider properly such things as the relationship
of the proposed development or use to surrounding areas, anticipated
traffic, potential hazards, public health, safety and the general
welfare.
[3]
Determine that the proposed plan and use complies
with the requirements of this article.
(j)
In any case where a project is to be developed in stages, the applicant, under the provisions of this section, may provide less detailed plans or sketches than otherwise required for the area or portions of the area not contained within the stage being considered by the Planning Board for approval. As the project is developed, the applicant shall present a plan sufficient in detail to comply with the requirements of § 149-73 et seq. and/or § 149-187 et seq. for the stage for which approval is being sought, and said plan or plans shall be submitted and processed by the reviewing Board in accordance with the procedure established for an original application.
(k)
A certification that all real estate taxes for
the tract of land for which development approval is sought are paid.
(l)
A landscaping plan.
(m)
A soil erosion and sediment control plan.
(n)
A grading plan with elevations adequate to describe
contours of the tract.
(o)
Plan profiles.
(p)
Plan cross sections and details.
(q)
A lighting plan.
(r)
A recreation plan.
(s)
Proposed deed restrictions to be used for the
development.
(t)
Provisions outlining the nature of the ownership
devices which will be employed to dispose of open area and other lands
not proposed to be sold to the general public.
(u)
The applicant may propose to construct the development
in phases. If proposed, a plan outlining the suggested phases to be
employed shall be submitted with applicant's preliminary site plan.
The plan shall discuss the nature and timing of such construction,
including the nature of improvements to be constructed in each phase.
All phasing plans shall be approved by the Planning Board prior to
their use by the applicant to provide a logical and appropriate sequence
of development, including on-tract and off-tract improvements.
(v)
A plan indicating the location and dimensions
of sidewalks or walkways devoted to pedestrian use.
C.
Board action. Upon the receipt of a complete application, the reviewing Board shall proceed to hear and decide the application submitted in accordance with the procedures outlined elsewhere in this Part 3. If the reviewing Board determines that the application complies with the requirements of §§ 149-101 through 149-104 above and generally conforms with the requirements of § 149-106 below, the applicant's application shall be granted with such conditions which the reviewing Board deems appropriate to impose to ensure that the tract will be developed in accordance with the provisions of this section of this chapter and all other regulations appropriate for consideration by the reviewing Board in its consideration of the matter. Otherwise, approval to the development application should be denied.
In addition to the requirements contained elsewhere within this Part 3 of which this is a part, applicants under this section shall demonstrate compliance with the following standards:
A.
Common scheme. The proposed development shall be designed
as or as part of a single architectural scheme.
B.
Single ownership. That portion of the tract which
is devoted to an apartment house use shall be owned and operated as
a single or common management and maintenance unit. The reviewing
Board shall have the right to modify the provisions of this subsection
where the purposes sought to be achieved are met with an acceptable
alternate arrangement. The standard to be utilized by the reviewing
Board in determining whether an alternate arrangement is acceptable
is whether or not all users of the particular development can be provided
proper maintenance and management service. This provision shall not
apply to townhouse use.
C.
Setback and alignment variations. In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be provided; desirable variations in such things as the facade, construction and rooflines of apartment buildings and single-family attached units or townhouses may be required by the Township to achieve the purposes set forth in § 149-99 and this subsection. In determining proper variations and arrangements, the Township and the developer shall utilize the following standards:
(1)
For the purpose of this article, the term "building"
shall be defined as a structure designed for one or more dwelling
units, unattached or attached to another structure.
(2)
Townhouses may be attached.
(3)
No townhouse building shall have more than eight
dwelling units arranged side-by-side.
(4)
No building more than three stories in height
shall be attached to another building.
(5)
Buildings shall be designed with visible offset
or setback or with variations in building alignment and orientation.
(6)
The maximum combined length of the walls of
any group of townhouses which may extend along any one frontage or
which may face in the same general direction shall be 160 linear feet.
The maximum combined length of the walls for any group of apartment
houses which may extend along any one frontage or which may face in
the same general direction shall be 260 linear feet.
(7)
The minimum distance at the closest point between
any two adjacent buildings shall be 30 feet regardless of arrangement.
(8)
Setback distance. The unit heights and structural
facades shall be varied for aesthetic appeal. Front and rear yard
setbacks may be modified up to 2.5 feet in either direction to help
create a staggered effect.
D.
Street standards.
(1)
All streets and driveways shall be built according
to applicable Township and county standards and specifications, and
all internal streets to be maintained privately shall have a minimum
cartway of 30 feet.
(2)
Additional width as recommended by the Township
Engineer shall be provided in any case where parking is to be permitted
on any such street.
E.
Curbs and sidewalks. Standard concrete curbs of six
inches by eight inches by 18 inches shall be provided within the development.
With the approval of the reviewing Board, dropped curbs may be employed.
A concrete sidewalk with a minimum width of four feet on both sides
of all streets shall be provided.
F.
Shade trees. Shade trees shall be provided on both
sides of all streets at a distance of 30 feet apart. The trees shall
be 2.5 inches in caliper and shall be set six feet from the inside
of the sidewalk. The type of trees and method of installation shall
be approved by the Township Engineer.
G.
Off-street parking. A minimum of one off-street parking
space shall be provided for each dwelling unit unless a greater or
lesser need is generated by the development on application review.
No parking lot, however, shall be located within 40 feet of a public
right of way or within 25 feet of a side or rear property line. All
areas used for the storage of refuse containers, maintenance equipment
or similar service facilities shall be adequately screened. If garages
are constructed, the minimum parking area within each garage for one
motor vehicle shall be 10 feet by 20 feet.
H.
Utilities. Each dwelling unit shall be provided with
public water supply and sewage disposal at the time of development,
and all utilities shall be supplied by underground installation.
I.
Townhouse width. No townhouse or townhouse-type dwelling
unit shall have a width less than 20 feet.
J.
Streets. All streets shall be designed in a manner
conducive to safe entrance and exit.
K.
Senior citizen use. At least 30% of all units constructed
within the development under this Part 3 shall be developed exclusively
for either senior citizen or handicapped housing for senior citizens
which shall be occupied by at least one individual who is at least
55 years of age.
L.
Homeowners' association. If an applicant proposes
that a certain portion of the tract will ultimately be owned by a
homeowners' association, such an association shall meet the following
criteria:
(1)
General standards. A homeowners' association may be established by the applicant as a nonprofit corporation before any homes are sold for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development provided the reviewing Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the provisions set forth in Subsection L(2) below.
(2)
Regulations.
(a)
Mandatory membership. Membership by all property
owners, condominium owners, stockholders under cooperative development
and other owners of property or interests in the project will be mandatory.
Required membership and the responsibilities upon the members shall
be in writing between the organization and each member in the form
of a covenant with each agreeing to liability for his pro rata share
of the organization's costs.
(b)
Responsibility. The organization shall be responsible
for liability insurance, taxes, maintenance of recreational and other
facilities and any other obligations assumed by the organization and
shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any open space or
property by sale or otherwise, except to an organization conceived
and established to own and maintain the open space or property for
the benefit of such development, and thereafter such organization
shall not be dissolved or disposed of any of its open space or property
without first offering to dedicate the same to the municipality or
municipalities wherein the land is located.
[Amended 6-22-1992 by Ord. No. 1992-5]
(c)
Assessments. The assessment levied by the organization
upon each member may become a lien on each member's property. The
organization shall be allowed to adjust the assessment to meet changing
needs.
(d)
Rights and obligations. The organization shall
clearly describe in its bylaws all the rights and obligations of each
tenant and owner, including a copy of the covenants model deeds, and
articles of incorporation of the organization and the fact that every
tenant and property owner shall have the right to use all common properties.
These shall be set forth as a condition of approval and shall be submitted
prior to the granting of final approval.
(e)
Percentage ownership. The articles of incorporation,
covenants, bylaws, model deeds, and other legal instruments shall
ensure that control of the organization shall be transferred to the
members based on a percentage of the dwelling units sold and/or occupied
and shall clearly indicate that in the event such organization shall
fail to maintain the common open space or common property in reasonable
order and condition, the municipality may serve written notice upon
such organization or upon the owners of the development setting forth
the manner in which the organization has failed to maintain the common
open space or common property in reasonable condition, and said notice
shall include a demand that such deficiencies of maintenance be cured
within 35 days thereof and shall state the date and place of a hearing
thereon which shall be held within 15 days of the notice. At such
hearing, the designated municipal body or officer, as the case may
be, may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed 65 days
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modification thereof shall not be cured
within said 35 days or any permitted extension thereof, the municipality,
in order to preserve the common open space and common property and
maintain the same for a period of one year, may enter upon and maintain
such land. Said entry and maintenance shall not vest in the public
any rights to use the common open space and common property except
when the same is voluntarily dedicated to the public by the owners.
Before expiration of said year, the municipality shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space and common property, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development by the municipality, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the municipality shall not at the
election of the municipality, continue for a succeeding year. If the
municipality shall determine that such organization is ready and able
to maintain said open space and property in reasonable condition,
the municipality shall cease to maintain said open space and property
at the end of said year. If the municipality shall determine such
organization is not ready and able to maintain said open space and
property in a reasonable condition, the municipality may, in its discretion,
continue to maintain said open space and property during the next
succeeding year, subject to a similar hearing and determination in
each year thereafter. The decision of the municipality in any such
case shall constitute a final administrative decision subject to judicial
review.
(f)
Costs. The cost of such maintenance by the municipality
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the common open space and common
property in accordance with assessed value at the time of imposition
of the lien, and shall become a lien and tax on said properties 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.
