[Amended 4-19-1965 by Ord. No. 1965-3; 5-16-1966 by Ord. No.
1966-5; 12-27-1972 by Ord. No. 1972-17; 8-15-1983 by Ord. No.
1983-22; 12-19-1983 by Ord. No. 1983-35; 8-15-1988 by Ord. No.
1988-32; 8-15-1988 by Ord. No. 1988-34; 9-18-1989 by Ord. No.
1989-34; 7-2-1990 by Ord. No. 1990-24; 3-15-1993 by Ord. No.
1993-5; 8-21-2000 by Ord. No. 2000-12]
In any district hereafter designated as a Major
Commercial Planned Development District, the following regulations
shall apply.
A.
The Planning Board is authorized to grant general
development plan approval and planned development approval, provided
that the requirements of this article and any other pertinent provision
of the Zoning Ordinance are satisfied. The total area to be developed
for major commercial purposes and to be included in the proposed planned
development shall be not less than 100 acres in size, shall adjoin
at least one major highway and shall be located in proximity to a
major arterial highway system.
B.
An applicant may, but is not required to, apply under this article for a general development plan approval. In the event that an applicant decides to apply for and is granted general development plan approval, applicant shall be vested with rights which are set forth in § 154-31. Applicant may apply for planned development approval in accordance with general development plan approval by submission of preliminary subdivision and/or site plans in accordance with the provisions of this article. Applicant shall seek final subdivision and/or site plan approval either for the entire development or in sections in accordance with the provisions of this article.
As used in this article, the following terms
shall have the meaning indicated:
A contiguous land area of not less than 50 acres designed
to contain multifacility structures used for cultural, commercial,
entertainment and/or recreational purposes. Such complexes shall be
located on major highways.
A.
In Major Commercial Planned Development Districts,
no building or other structure and no land shall be used, and no building
or other structure shall be built, altered or erected to be used for
any purpose other than that of:
(1)
Retail sales, trade and other related business contained
in a shopping center, except that the sale and dispensing of vehicular
fuels is prohibited. Motor vehicle service stations are prohibited
as a principal use. Motor vehicle service stations are prohibited
as an accessory use. Oil and tire changes and battery replacements
are permitted uses in shopping centers.
[1]
Editor's Note: Section 1 of this ordinance provided that Paragraphs
a through d of the third "Whereas" clause are "incorporated hereby
by reference as if set forth at length. In addition to any other justification
for amending the Township Code, the recommendations contained in the
Master Plan reexamination report dated April 20, 2006, as they relate
to motor vehicle services and proximity standards, are specifically
incorporated herein by reference and shall form an additional basis
for the amendment as set forth hereafter." A copy of Ord. No. 2009-6
containing said clause is on file in the Township offices.
(2)
Personal, business and recreational services.
(3)
Bank.
(4)
Eating or drinking establishment.
(5)
Lodging place, including hotel, motel or motor inn.
(6)
Assembly hall, club building or community building,
library, public building or child play center.
(7)
Any form of agriculture or horticulture with the same limitations for these uses in § 154-15A(3).
(8)
The storage, processing and sale of farm products
on the property where grown.
(9)
Funeral home.
(10)
Recreation facilities, including golf courses
and indoor and outdoor swimming pools.
(11)
Active and passive open space.
(12)
Professional and general offices.
(13)
Cleaning, repairing, processing, baking, other
cooking and light manufacturing of items sold at retail on the premises
or in connection with personal or business services offered on the
premises.
(14)
Government offices, including municipal.
(15)
Indoor theater, radio and television studio,
including motion-picture theaters.
(16)
Coliseum-type buildings and exhibit halls, for
such uses as indoor entertainment, conventions, amusements and sporting
events, including but not limited to hockey, ice hockey, basketball,
soccer, track, bowling, trade and industrial exhibits, meeting rooms
and like uses.
(17)
Exhibition hall.
(18)
Performing arts theater, for such uses as concerts,
ballets, plays and the like.
(19)
Auditorium.
(20)
Health spa.
(21)
Indoor tennis courts.
(22)
Ballroom.
(23)
General servicing or repair shop such as watch
or clock repair, radio, television or home appliance or jewelry repair.
(24)
Frozen-food locker.
(25)
Passenger station, electric substation, telephone
and telegraph office.
(26)
Motor vehicle sales agency, including no repair
or storage except within a building.
(27)
Accessory use customarily incidental to any
of the above uses, including but not limited to locker rooms, maintenance
shops, meeting rooms, restaurants and sporting clubs, dressing rooms,
first aid rooms, kitchens, lounges, lobbies and the like.
(28)
Light manufacturing uses such as assembly or manufacture of small electronic components, computer assembly or manufacture of small products. The following uses are specifically prohibited: all uses specified in § 154-49; all heavy industrial uses; and outside storage. All permitted uses are subject to the performance standards of § 154-56B.
(29)
Child-care centers as a permitted use subject to the standards set forth in § 154-56C(7).
[Added 12-1-2003 by Ord. No. 2003-30]
(30)
Motor vehicle service stations are prohibited
in this zone as a principal or accessory use.
[Added 11-21-2005 by Ord. No. 2005-28]
(31)
Brewpub.
[Added 6-14-2021 by Ord. No. 2021-15]
(32)
Micro brewery, craft distillery, or winery subject to the standards set forth in § 154-80.2.
[Added 6-14-2021 by Ord. No. 2021-15]
(33)
Sales room, micro brewery, craft distillery, or craft winery, subject to the standards set forth in § 154-80.3.
[Added 6-14-2021 by Ord. No. 2021-15]
(34)
Winemaking instructional facility.
[Added 6-14-2021 by Ord. No. 2021-15]
(35)
Clinic, animal.
[Added 2-28-2022 by Ord. No. 2022-7]
(36)
Hospital, animal.
[Added 2-28-2022 by Ord. No. 2022-7]
(37)
Office, medical.
[Added 2-28-2022 by Ord. No. 2022-7]
(38)
Electric vehicle charging stations and EVSE make ready parking spaces
shall be permitted as accessory uses in this district.
[Added 2-28-2022 by Ord. No. 2022-9]
B.
Conditional
uses. The following uses shall be permitted as conditional uses in
the MCPD District subject to the following standards, specifications,
and criteria:
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-2; 2-28-2022 by Ord. No. 2022-8]
(1)
Cannabis
alternative treatment center or cannabis retailer shall be permitted
subject to the following requirements and conditions:
(a)
Such facility shall meet all requirements for licensure by the Cannabis
Regulatory Commission, Department of Treasury, State of New Jersey.
(c)
Shall not be located any closer than 500 feet from a residential
behavioral health care facility or residential medical detoxification
center, as measured in a straight line from the nearest two points
of the property lines.
(d)
Shall not be located any closer than 500 feet from a residential
use or district, public or private k through 12 school, child-care
center, church or house of worship, or public park of the Township
of Mount Laurel containing active recreation uses, as measured in
a straight line from the nearest two points of the property lines
For the purposes of this conditional use requirement, a child-care
center shall refer only to those entities and organizations licensed
by the NJ Department of Human Services or another state agency of
appropriate jurisdiction, to operate a program for the care, maintenance
and supervision of children who are not attended by their parents
or guardians, such as a day-care, pre-k, child cooperative, or nursery
school. For the purposes of this conditional use requirement, a child-care
center shall not refer to facilities such as a seasonal day camp,
drop-in tutoring center, or recreational facility. For the purposes
of this conditional use requirement, a church or house of worship
shall only apply to facilities recognized by the Township and tax
assessed as a class 15D property, and the church or house of worship
is the principal use of the property. For the purposes of this conditional
use requirement, the 500-foot distance limitation shall not apply
if the cannabis business is separated from the residential use or
district, church, school, child care center, or park, by a state highway
of at least four lanes in width.
(e)
No consumption of any cannabis or cannabis products shall be permitted
on site.
(f)
No outside storage of any cannabis, cannabis products or related
materials shall be permitted.
(g)
A security plan shall be submitted to the Mt. Laurel Township Police
Department which shall demonstrate how the facility will maintain
effective security and control of operations. The security plan shall
identify the type and manner of twenty-four-hour security, tracking
and record-keeping of products and materials, surveillance systems
to be utilized, and whether any armed security will be on the premises.
(h)
Off-street parking shall be provided at a ratio of one space for
every 200 square feet of gross floor area.
(i)
The regulation found at § 154-26A and in the schedule of area and height requirements which requires a minimum lot area of 50 contiguous acres shall not apply. Provided that compliance with the above conditions are satisfied, a cannabis retailer shall be permitted within any existing major commercial development within the Major Commercial District, either within an existing commercial development or as a stand-alone structure.
(2)
Gasoline
filling station with accessory convenience retail and food service.
(a)
The minimum lot area shall be 60,000 square feet.
(b)
The minimum lot frontage shall be 250 feet.
(e)
The maximum building height shall be 20 feet.
(f)
Pump islands shall be separated from one another and from any building
by a minimum of 25 feet.
(h)
Convenience retail sales and food service areas shall be limited
to a maximum of 6,000 square feet of gross floor area.
(i)
No drive-through service of food sales shall be permitted
(j)
Off-street parking areas must be set back a minimum of 30 feet from
any property line.
(k)
Adequate circulation space for queuing must be provided so that there
is room for queuing of one vehicle per each gasoline service pump
island without interfering with vehicular or pedestrian circulation
on site.
(l)
A landscaped buffer of at least 30 feet in width must be provided
where any gasoline filling station abuts a property line of a residential
use or zone. Said buffer shall be consistent with the requirements
of § 159-68.
(m)
A maximum of two curb cuts for entry/exit onto a public right-of-way
shall be permitted for each street frontage.
(n)
No servicing or repair of vehicles shall be permitted on the premises.
(o)
Signage standards:
[1]
A changeable copy sign displaying fuel prices shall be permitted
to have a maximum sign area of 15 square feet, and a maximum sign
height of 18 feet.
[2]
In addition to a fuel price display sign, one monument style sign
or freestanding sign per street frontage shall be permitted. Such
sign shall have a maximum sign area of 90 square feet.
[3]
Freestanding signs shall have a maximum height of 20 feet.
[4]
The fueling station canopy shall be permitted to have one fascia
sign for each street frontage. Fascia signs shall have a maximum sign
area of 10 square feet.
[5]
Convenience store buildings shall be permitted to have a maximum
of two façade signs per street frontage, with a total maximum
sign area of 60 square feet or 4% of the facade area per street facing
facade, whichever is lesser.
A.
The minimum area of a major commercial planned development
shall not be less than 50 contiguous land acres.
B.
Not more than 30% of the gross land area shall be
covered by buildings.
C.
Not less than 10% of the major commercial planned
development shall be devoted to "green area," which is defined to
include any areas not covered by buildings, structures or by paved
streets or parking areas. Such green areas may be used for active
or passive outdoor recreation uses.
D.
No structures shall be closer than 75 feet to any
perimeter property line or to any water shoreline which may border
the major commercial planned development except water-related structures.
No paved or improved area shall be closer than 30 feet to any perimeter
property line.
E.
No building shall be more than 10 stories or 110 feet
in height, whichever is less.
F.
The minimum width of streets between curblines which
provide circulation through or around the major commercial planned
development and which are to be dedicated for public use shall be
in accordance with those standards set forth in the Land Subdivision
Ordinance.[1]
G.
The minimum width, pavement edge to pavement edge,
of interior streets within the development not to be used as through
streets shall be 25 feet for two-way traffic and 20 feet for one-way
traffic. These widths will accommodate twelve-foot lanes and the necessary
width for trucks and emergency vehicles.
[Amended 12-1-2003 by Ord. No. 2003-30]
H.
There shall be no parking on any interior streets.
I.
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as a single architectural
scheme with appropriate common landscaping.
J.
All buildings shall be arranged in a group or in groups.
K.
Parking, loading or service areas used by motor vehicles
shall be physically separated from public streets by a buffer strip
or other effective and suitable barrier against unchanneled motor
vehicle access or egress and shall have not more than two accessways
to any one public street, unless unusual circumstances demonstrate
the need for additional access points. All such areas shall be arranged
to facilitate proper and safe internal circulation and shall be paved
with an acceptable hard surface.
L.
All accessways to a public street or highway shall
be located at least 200 feet from the intersection of any street lines
and shall be designed in a manner conducive to safe ingress and egress.
M.
Areas provided for loading and unloading of delivery
trucks and other vehicles and for the servicing of shops by refuse
collection, fuel and other service vehicles shall be adequate in size
and shall be so arranged that they may be used without blockage or
interference with the use of accessways or automobile parking facilities.
N.
No parking, loading or service area which is opposite
a residence district shall be located within 75 feet of a rear or
side property line or within 30 feet of a street line. Along each
side or rear property line, the seventy-five foot buffer area required
herein shall be maintained as a planting strip, on which shall be
placed shrubbery, trees or other suitable plantings sufficient to
constitute an effective screen; and along each street line, the thirty-foot
buffer area required herein shall be suitably landscaped, except for
necessary sidewalks and accessways. Any fence, wall or barrier shall
meet the requirements of the Municipal Building Code.[2]
O.
No row houses, apartment house, trailer, trailer camps,
trailer parks, trailer cabins or commercial migrant labor camps shall
be permitted in any major commercial planned unit development.
P.
The minimum lot size for all office structures shall
be two acres. All other uses shall have a minimum lot size of five
acres. The standard for yards, frontages, widths and coverages shall
be as specified in the O-1 Office District. Industrial buildings shall
be limited to a maximum height of 60 feet.
Q.
Buffer strips shall be provided when necessary in accordance with requirements of § 154-68, except that the strip of land shall be 75 feet wide.
R.
Alternate sources of water supply, other than public
water, shall be provided for all developments within the major commercial
planned unit development requiring irrigation for lawns and other
landscaped areas and/or the maintenance of ponds, lakes or other bodies
of water within said developments, which sources of water supply shall
be from such aquifer and of such design criteria as are acceptable
to the Township Engineer.
Notwithstanding the requirements of § 154-69B, the following off-street parking standards shall apply in the major commercial planned development, except that these standards may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority. Procedures and documentation to support a reduction in parking spaces shall be in accordance with § 154-35.1B of this article.
|
Land Use
|
Minimum Number of Required Off-Street
Parking Spaces
|
|---|---|
|
Shopping center, retail sales, trade, personal
and business services
|
5.5 for each 1,000 square feet of gross leasable
area. "Gross leasable area" is the total floor area designed for tenant
occupancy and exclusive use, including basements, mezzanines and upper
floors, if any, expressed in square feet measured from center lines
of joint partitions and exteriors of outside walls.
|
|
Hotels, motels, inns, rooming and boardinghouses
[Amended 12-6-2004 by Ord. No. 2004-26] |
1 for each rental room, plus 1 for every employee
on the largest shift. If a public restaurant is provided, add 1 space
for each 2 seats
|
|
Restaurants, eating establishments, drinking
establishments or other similar establishments
[Amended 12-6-2004 by Ord. No. 2004-26] |
1 for every 2 seats plus 1 for every employee
on the largest shift
|
|
Offices, office buildings, other similar establishments,
including professional offices
[Amended 12-6-2004 by Ord. No. 2004-26] |
1 for every 200 square feet of floor area or
1 for each 150 square feet when there is an open floor plan
|
|
Coliseums, auditoriums, convention halls, churches,
lodges and all theaters with permanent seats*
|
1 for every 3 permanent seats, plus 1 for every
employee
|
|
Exhibition halls, convention halls, ballrooms,
coliseums, auditoriums and theaters with temporary seats*
|
1 for every temporary seat
|
|
Tennis courts*
|
2 for each court
|
|
Brewpub
[Added 6-14-2021 by Ord. No. 2021-15] |
1 space per 1,000 square feet of gross floor area devoted to
production or storage space, plus all off-street parking required
of the restaurant use
|
|
Winemaking, instructional facility
[Added 6-14-2021 by Ord. No. 2021-15] |
1 space per 500 square feet of gross floor area for instructional
or classroom space, plus 1 space per 2,000 square feet of any storage
area
|
|
Micro brewery, craft distillery, winery
[Added 6-14-2021 by Ord. No. 2021-15] |
1 space per 1,000 square feet of gross floor area devoted to
production or storage space, plus 1 space per 150 square feet of gross
floor area in any sales room or tasting room area
|
|
Sales room, micro brewery, craft distillery ,or winery
[Added 6-14-2021 by Ord. No. 2021-15] |
1 space per 150 square feet of gross floor area
|
|
Any other permitted use
|
1 for each 400 square feet of aggregate floor
space
|
|
*NOTE: However, in every case, there shall be
not less than one space for every two people permitted by the Building
and Fire Code.
| |
A.
A traffic study shall provide the various data as
outlined below. The traffic study shall address the various traffic-generating
characteristics of uses in the planned development and the interface
of traffic from the proposed uses and the existing uses in the area
to assure that there will not be a degradation in the level of service
in the area and that there will not be any traffic hazards created
in the area by traffic generated by the planned development. The traffic
study shall address the various concerns noted below using the standards
outlined.
B.
Level of service. It must be shown that public traffic
arteries have adequate capacities to accommodate the traffic to be
generated by the proposed project at an acceptable level of service
C or better for all approaches to signalized intersections and streets
and that safe, convenient and adequate circulation and parking is
provided for the sites.
[Added 11-21-2005 by Ord. No. 2005-28]
C.
Traffic volumes. Existing twenty-four-hour traffic
counts summarized by hour and by direction and peak hour trips by
movement on all critical arterials and intersections affected by the
proposed development. Traffic volumes utilized in the traffic report
shall be taken within 12 months preceding the date of the application.
D.
Future background traffic volume. Future traffic volumes
shall be calculated by multiplying the peak hour traffic volumes by
the New Jersey Department of Transportation (NJDOT) growth factors.
These factored traffic volumes will be surcharged with traffic volumes
expected to be generated by impending development. Impending development
shall include traffic from developments that are expected to be completed
in the immediate vicinity. This shall include projects presently approved
by the Township, projects in adjacent municipalities and projects
that are presently in the planning process and are expected to be
approved in the near future.
E.
Traffic generation. Future traffic expected to be
generated by the proposed development shall be calculated by utilizing
the latest copy of the Institute of Transportation Engineers (ITE)
text, Trip Generation. The values developed by using the Trip Generation
method shall be verified by typical counts when requested by the Township
to verify results. If trip generation data is required by the Township
because the Trip Generation methodology is not accurate due to local
conditions or an inadequate data base in the Trip Generation text,
the traffic data counts required to verify trip generation data shall
be in the ITE format. Traffic generation shall include the amount
of traffic to be generated for the projected twenty-four-hour period
and during the peak hour trip generation by the proposed project.
F.
Future build traffic volumes. Future background traffic
volumes shall be surcharged by adding the traffic volumes that are
anticipated to be generated by the proposed development to the future
background traffic volumes.
G.
Traffic analysis.
(1)
Capacity analysis. Roadways and intersections shall
be analyzed using a capacity analysis. The capacity analysis will
utilize the latest approved highway capacity programs. Traffic shall
be analyzed for the existing traffic conditions, future background
traffic and future build traffic conditions. Traffic analysis shall
optimize traffic signals so that the existing traffic conditions show
traffic conditions as they exist and with optimization of traffic
signal timing. The future background traffic conditions shall require
the optimization of the traffic signal timings prior to the addition
of the proposed traffic from the proposed development. After the addition
of the future background traffic and the optimization of the traffic
on the roadways, future traffic shall be added and the traffic signal
timings shall be optimized for a final product.
(2)
Accident analysis. Accident data of critical intersections
and roadways affected shall be analyzed.
(3)
Speed and delay analysis. Speed and delay analysis
of critical roadways shall be provided.
(4)
Gap analysis. Gap studies of critical intersections
shall be provided.
(5)
Safety analysis. Analysis shall be made of all entrances
and exits to determine if left-turn lanes are warranted in accordance
with Highway Research Record 211. In addition, deceleration and acceleration
lanes shall be analyzed to determine if they are needed.
(6)
Off-tract contributions. The applicant's traffic consultant
shall provide a trip distribution that will distribute traffic to
the surrounding roadway system. All intersections that have over 25
p.m. peak hour trips shall be tabulated and listed with the amount
of traffic from the proposed development and the total build traffic
at that location. The applicant's engineer shall show the percent
of the p.m. traffic the applicant's traffic will be of the future
build traffic at each intersection by approach. If improvements are
required on one approach of an intersection only as a result of a
significant impact by the development, defined as an approach where
the majority of the traffic on the approach (defined as over 50% of
the total future build traffic) caused the need for the proposed improvement
on that approach to maintain an adequate level of service, the applicant's
prorata share of the intersection improvement shall be calculated
by using the cost of the improvement and multiplied by a factor consisting
of the applicant's traffic volume for that leg of the intersection
alone divided by the traffic volume at buildout for that leg of the
intersection alone.
A.
Topsoil shall not be removed from the site during
construction but shall be stored and redistributed to areas most exposed
to view, and such areas shall be stabilized by seeding and planting.
This requirement may be waived by the approving authority should the
topography and special conditions of the proposed development not
require such redistribution. Any soil removed under a waiver shall
require compliance with the provisions of the Township Soil Erosion
and Sediment Control Ordinance, as well as compliance with the Burlington
County Soil Conservation District.
B.
Interior streets, parking areas, entrances, pedestrian
walks and any recreation area which is to be used for any nighttime
activity shall be provided with sufficient illumination to minimize
hazards to persons using same.
C.
Appropriate provisions shall be made for private garbage
and trash collection and for the private maintenance of all interior
roads and streets, including snow removal, recreational facilities
and buildings and land areas not dedicated to the Township. Such services
shall be performed at the owner's expense.
D.
All installation of utilities on the site shall be
underground. No individual outside communication antennas shall be
allowed in the project. The project shall be serviced by a central
master antenna communications system. No temporary antennas or other
structures for radio, television or data communications shall be allowed
to stand for more than five days. Structures required for longer time
periods shall require the written approval of the Building Inspector.
E.
All trash or garbage disposal facilities shall be
totally screened, and plans shall be submitted as part of the development
site plan, showing the location and types of screening thereof.
F.
The major commercial planned development use shall
be permitted where it can be served by the public water and sewer
and evidence of approval by the Municipal Utilities Authority of Mount
Laurel Township must be presented prior to final approval of the project.
A.
Applicability. Any developer proposing a planned development
at least 100 acres in size and as defined and permitted by this article
may seek general development plan approval as the first phase of the
planned development.
B.
Details required for general development plan.
(1)
The applicant shall submit 12 copies of the general
development plan, which shall include the plans for the planned unit
development, to the administrative officer at least three weeks prior
to the next regular meeting of the Board.
(2)
Each general development plan shall be drawn by a
professional engineer and/or land surveyor licensed to practice in
the State of New Jersey and shall bear the signature, seal, license
number and telephone number of said professional engineer and/or land
surveyor; provided, however, that all engineering data shall be signed
and sealed by a professional engineer and all surveying data shall
be signed and sealed by a professional land surveyor.
(3)
Each submission shall be drawn at an appropriate scale
not less than 1 inch equals 100 feet and shall be submitted on one
of four of the following standard sheet sizes (8 1/2 inches by
13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches
42 inches). If one sheet is not sufficient to contain the entire tract,
the map may be divided into sections to be shown on separate sheets
of equal sizes, with reference on each sheet to the adjoining sheets.
(4)
Each general development plan shall show the following
information:
(a)
A key map showing the entire tract and its relation
to the surrounding areas, at the scale of the Township Tax Map, and
providing sufficient information to identify the tract location.
(b)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
[1]
Name of subdivision or development, Mount Laurel
Township, Burlington County;
[2]
Name, title, address and telephone number of
subdivider or developer;
[3]
Name, title, address and license number of the
professional(s) who prepared the plat or plan;
[4]
Name, title and address of the owner(s) of record;
[5]
Scale (written and graphic); and,
[6]
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(c)
North arrow and meridian.
(d)
Certification that the applicant is the owner
of the land or his properly authorized agent, or that the owner has
given his consent under an option agreement.
(f)
Acreage to the nearest tenth of an acre and
a computation of the area of the tract to be disturbed.
(g)
The names, lot and block numbers of all property
owners within 200 feet of the extreme limits of the tract as shown
on the most recent tax list prepared by the Township Tax Assessor.
(h)
Existing tax sheet number(s) and existing block
and lot number(s) of the lot(s) to be divided or developed as they
appear on the Township Tax Map and proposed block and lot numbers
as provided by the Township Tax Assessor upon written request.
(i)
Tract boundary line (heavy solid line).
(j)
Zoning districts affecting the tract and within
200 feet thereof, including district names and requirements, and a
comparison to the application.
(k)
The locations and dimensions of existing and
proposed bridges and the location of natural features such as wetlands
(including wetlands transition zones), wooded areas and any extensive
rock formations, both within the tract and within 200 feet of its
boundaries.
(l)
A land use plan indicating the entire tract
which shall include the following:
[1]
Both maps and text indicating the specific land
areas to be devoted to specific land uses and indicating the acreage,
square footage and floor/area ratio and the specific type of use proposed.
[2]
The conceptual footprints of all proposed buildings
with typical dimensions.
[3]
The approximate and maximum height of all proposed
buildings.
[4]
The location of parking areas and the number
of parking spaces.
[5]
General calculations of impervious surface coverage,
disaggregating building coverage from parking/driveway/street coverage.
(m)
A traffic circulation plan which shall include,
among other factors, the current vehicular volume, width and capacity
of streets and highways in the nearby area of the proposed planned
development. Additional vehicular volumes to be generated by the planned
development shall be estimated and related to the current capacity
of the roadway network to determine the future adequacy or deficiency
of the circulation system. Additional information shall be provided
to demonstrate that satisfactory arrangements will be made to facilitate
traffic movement on the highways adjoining the planned development
and local roads and streets impacted by the traffic volumes on highways
adjoining the planned development. Also, additional information shall
be provided to ensure proper circulation within the planned development.
These arrangements shall include provisions for necessary signalization,
standby turn lanes, right-turn run-off lanes, added highway width,
adequate warning signs and adequate storage area and distribution
facilities within the planned development to prevent the backup of
vehicles on public streets, including highways adjoining the planned
development and local roads and streets impacted by the planned development.
(n)
A pedestrian circulation plan showing the general
location and types of facilities for pedestrian access within the
planned development.
(o)
A utility plan indicating existing and proposed
sewer and water lines, pump stations, water supply wells, sewage treatment
plants and proposed methods for handling solid waste disposal. Additionally,
tract connections to electric, gas, cable and telephone facilities
shall be indicated, and a plan for the operation and maintenance of
the proposed utilities shall be submitted.
(p)
A stormwater management plan indicating in general
terms the proposed method of controlling and draining water on and
from the site, and including sufficient supportive calculations as
required by the Planning Board Engineer in order to ascertain the
adequacy of the plan. Additionally, a conceptual description of the
intended soil erosion and sediment control plan shall be provided.
(q)
A community facilities plan indicating the scope
and type of supporting community facilities to be provided.
(r)
A staging plan, where the planned development
is intended to be developed over a number of years, indicating the
areas to be developed in each stage and the priority of each stage.
The eventual development of each stage should be specifically related
to the land use plan, the traffic circulation plan, the stormwater
management plan and the utility plan in order to ensure that the staging
plan is a workable one, that a reasonable balance of the different
components of the proposed planned development are maintained in each
stage and that the interests of the public and of the residents and
employees, as applicable, who occupy any section of the planned development
prior to the completion of the planned development in its entirety
will be protected.
(s)
A local service plan indicating the public services
which the applicant proposes to provide and which shall include, but
not be limited to, water, sewer, cable and solid waste disposal.
(t)
A municipal development agreement providing
for the effectuation of any agreements between the developer and the
Township, including a schedule of payments for off-tract improvements,
recapture provisions and contributions relating to the development,
including, but not limited to, such matters as road improvements,
open space areas, utility improvements, recreational facilities and
community facilities.
C.
Details required for planned development_preliminary
plat.
(1)
General requirements. The preliminary plat shall be
clearly and legibly drawn or reproduced at a scale of one inch equals
100 feet. Plats shall be designed and drawn by a licensed engineer
and shall comply with New Jersey law.
(2)
Existing conditions. The preliminary plat shall clearly
and accurately show:
(a)
A key map at a scale of one inch equals 2,000
feet, clearly showing the location of the development within the Township
and in relation to major streets, water bodies and political boundaries.
(b)
The development name, Tax Map sheet, block and
lot numbers, North arrow and graphic scale, reference meridian, United
States Geographical Survey datum and the following names and addresses:
(c)
Acreage of tract to the nearest tenth of an
acre.
(d)
Contours at a two-foot interval maximum; contours
shall be referenced to United States Geographical Survey datum and
extended 200 feet beyond the lot lines, where possible and necessary.
(e)
The location of existing property lines, streets
and street rights-of-way within 500 feet of the tract and the following
details on the tract: buildings, watercourses and their extent, surface
elevation, depth and their floodplains; railroads and their rights-of-way;
bridges; culverts; drainpipes; easements; utility lines, both underground
and overhead; rock formations; wooded areas; isolated trees over five
inches in diameter; and other natural features.
(f)
Profiles and typical cross sections of existing
streets abutting the subdivision, indicating type and width of pavement,
curb location and sidewalk and shade tree planting strip location.
(g)
All existing elements, including but not limited
to sidewalks, streets, paved areas, buildings, utilities, plant materials
and drainage lines that are to be removed and/or demolished shall
be shown as part of the preliminary submission.
(h)
Soil Conservation Service soil classification.
(i)
Soil borings not less than eight feet below
final grade at the ratio of one boring for every 15 acres. There shall
be a depth of not less than 10 feet below the existing grade or 10
feet below finished grade, whichever is lower, to indicate types of
soil and elevation of the water table on the entire tract.
(j)
Location of the alternate source of water supply,
with information as to the depth of all wells involved in providing
said supply, as well as the information as to the aquifer from which
the water will be drawn and the areas and facilities to be serviced
by said water supply.
(3)
Proposals. The preliminary plat shall clearly and
accurately show the following, which shall conform to the standards
of this chapter and of the county:
(a)
The location of all proposed property and building
setback lines.
(b)
The location and proposed cross sections and
centerline profiles of all new streets and pedestrian ways, including
sidewalks, cartways, street lines and planting areas.
(c)
The generalized location of all proposed buildings
and parking lots.
(d)
The location and extent of the intended development;
all easements, open space, historic sites, floodplains and specific
uses of recreation areas, including the extent and surface water elevation
and depth of all proposed lakes and ponds.
(e)
All proposed drainage structures are to be located
and all other information as required by the county relating to watercourses
and drainage ditches shall be included.
(f)
Plans for the preservation of all existing natural
features.
(g)
Plans for modification, addition or any other
alteration to existing man-made features.
(h)
Legend indicating type of buildings, along with
an architectural sketch of each class of structure.
(i)
All other information required by county.
(j)
Location of all easements and fire hydrants
and sizing of water mains, sanitary sewers, storm drains and groundwater
underdrains. Complete design criteria and calculations shall be included.
Off-site conditions shall be covered. The provisions for stormwater
retention as described in the Land Subdivision Ordinance[1] shall be complied with.
(k)
Generalized grading plan of areas adjacent to
buildings and parking lots indicated by arrows.
(l)
A letter from the Municipal Utilities Authority
indicating its intention to provide water and sewer service.
(m)
A delineation of proposed sections, including
sequence and timing of development, covering all of the gross acres
of the development.
(4)
Documentation to accompany preliminary plat. The following
documentation shall accompany the submission of the preliminary plat.
(a)
An application for tentative approval on such
form as shall be provided by the Municipal Clerk.
(b)
A copy of any protective covenant or deed restriction
applying to the land being subdivided shall be submitted with the
preliminary plat.
(c)
Written approval of local, county, state or
federal organizations, as required.
D.
Final plat.
(1)
General requirements. The final plat shall be drawn
to meet the requirements of this subsection for preliminary plats,
except that the final plat shall be drawn in ink on tracing cloth
or equivalent, at a scale of not less than one inch equals 50 feet
and in compliance with all the provisions of Chapter 358 of the Laws
of 1953.
(2)
Final plat details. The final plat shall be a refinement
of the preliminary plat and shall meet all of the requirements thereof.
These refinements shall include but not be limited to:
(a)
Tract boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public use, all property lines with accurate
dimensions, bearings or deflection angles and radii, arcs and central
angles of all curves.
(b)
Location and description of all monuments.
(c)
Any revision to the preliminary utility system
shall be accompanied by calculations and easements. All other items
shall be covered by the preliminary plat.
(d)
Street naming list (duplication)
(e)
Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with number one.
Such numbering shall be approved by the Township Engineer.
(f)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall have been submitted with
the sketch plat.
(g)
A certificate from the Tax Collector that all
taxes on subdivision are paid.
(h)
Location, size and elevations of curbs, parking
lots, etc.
(i)
A landscape plan showing area and general type
of existing and proposed plantings.
(3)
Documentation to accompany final plat. The following
documentation shall accompany the final plat:
(a)
Certificate from the Tax Collector that all
taxes are paid to date and that any local improvement assessments
against the tract being subdivided have been paid in full or that
such local improvement assessments have been apportioned among the
lots of the subdivision upon the application of the subdivider, pursuant
to N.J.S.A. 54:7-1 et seq. and, in event of such apportionment, that
such local improvement assessments are paid to date.
(b)
Written report from the Township Engineer stating:
[1]
That all improvements as indicated on the final
plat are in conformance with the proposals of the approved preliminary
plat.
[2]
That he is in receipt of a plan of improvements
showing all utilities in exact locations and elevations, identifying
those portions already installed and those to be installed and that
the developer has complied with one or both of the following:
[3]
In those instances where improvements have been
installed, that the Engineer has received proper as-built drawings.
(c)
When final approval is requested for an area
which is less than the full area for which tentative approval was
given, the applicant shall submit a key map at a scale of no less
than one inch equals 200 feet which clearly and accurately shows the
entire development for which tentative approval was granted, including
all proposed streets and property lines, and that portion for which
final approval is being requested.
(d)
A letter from the Postmaster or other appropriate
authority of the area where the subdivision is located stating that
proposed street names in the subdivision do not duplicate names in
use and are acceptable.
(e)
Certification by the Township Engineer of compliance
with sediment and erosion control methods.
(f)
Where the proposals for any required improvements
differ from the proposals shown on the preliminary plat, complete
plans and profiles with drawing revisions listed shall be submitted
in sufficient detail to meet the requirements of the Township Engineer.
(g)
Additional test borings may be required by the
Township Engineer.
(h)
Copies of all supplemental agreements between
the developer and any and all agencies or bodies of the Township shall
be presented.
A.
The Planning Board shall review the application for
the general development plan for the purpose of determining, within
45 days of its submission, whether said application is complete. Thereafter:
(1)
If said application is found to contain all of the information required by § 154-30B of this article hereinabove, the Planning Board shall certify that said application is complete.
(2)
If said application is found to lack some of the information required by said § 154-30B, the Planning Board shall either cause the applicant to be notified in writing that said application is incomplete, specifying the deficiencies in the application; or if the Planning Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items, provided that they be submitted to the Planning Board within a specified time period.
B.
On the day the aforesaid application is certified complete, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that they are entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, require submission of additional information not specified in § 154-30B of this article, and/or may require revisions in the application documents; each and all as are reasonably necessary in order for the Board to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
C.
Promptly after certification of completeness, the
application documents shall be distributed by the Secretary of the
Planning Board in the same manner as set forth in this article for
a preliminary site plan.
D.
The Planning Board shall grant or deny an application
for general development plan approval and planned development approval
within 95 days after the application has been certified complete or
within such further time as may be consented to by the applicant.
Failure of the Board to act within the prescribed time period shall
constitute approval of the application.
E.
The Board shall find the following facts and conclusions
prior to granting general development plan approval:
(1)
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the zoning provisions specified in this article pursuant to N.J.S.A.
40:55D-65c.
(2)
That the proposals for maintenance and conservation
of the common space are reliable and the amount, location and purpose
of the common open space are adequate.
(3)
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation,
visual enjoyment are adequate.
(4)
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
(5)
In the case of a proposed planned development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
F.
All hearings held on any application for general development
plan approval and planned development approval shall require public
notice of the hearing. The Board shall set the date, time and place
for the hearing and shall inform the applicant of this at least 14
days prior to said hearing date. Notice of the hearing shall be given
by the applicant at least 10 days prior to the date of the hearing
in accordance with the requirements of this article.
A.
The term of the effect of the general development
plan approval shall be determined by the Planning Board but shall
not exceed 20 years from the date upon which the developer receives
final approval of the first section of the planned development. In
making its determination regarding the duration of the effect of approval
of the development plan, the Planning Board shall consider prevailing
economic conditions; the timing schedule to be followed in completing
the development and the likelihood of its fulfillment; the developer's
capability of completing the proposed development; and the contents
of the general development plan and any conditions which the Planning
Board attaches to the approval thereof.
B.
The general development plan shall set forth the square
footage of nonresidential uses according to a timing schedule which
sets forth the timing of the various sections of the development.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board notwithstanding
any provision of N.J.S.A. 40:55D-1 or any ordinance or regulations
adopted pursuant thereto after the effective date of the approval.
C.
In the event that the developer seeks to modify the
proposed timing schedule, such modification shall require the approval
of the Planning Board. The Planning Board shall, in deciding whether
or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for the residential units within the Township and the region
and the availability and capacity of public facilities to accommodate
the proposed development.
D.
Except as provided hereunder, the developer shall
be required to gain the prior approval of the Planning Board if, after
the approval of the general development plan, the developer wishes
to make any variation in the location of land uses within the planned
development or to increase the square footage of nonresidential development
in any section of the planned development. Any variation in the location
of land uses or increase in the density proposed in reaction to a
negative decision of, or condition of, development approval imposed
by the Department of Environmental Protection pursuant to P.L. 1973,
c.185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning
Board if the developer can demonstrate to the satisfaction of the
Planning Board that the variation being proposed is a direct result
of such determination by the New Jersey Department of Environmental
Protection (NJDEP), as the case may be.
E.
Once a general development plan has been approved
by the Planning Board, annual written and oral status reports shall
be delivered by the landowner to both the Planning Board and Township
Council at approximate twelve-month intervals subsequent to the date
of approval and prior to the completion of the development. Moreover,
the general development plan may be amended or revised only pursuant
to approval by the Planning Board of an application submitted by the
developer, except that a developer, without violating the terms of
the approval pursuant to this article, may, in undertaking any section
of the planned development, reduce the amounts of nonresidential floor
space by no more than 15%.
F.
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit and nonresidential building
as set forth in Section 15 of P.L. 1975 c. 217, and the approved general
development plan pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D -
133). If a developer does not complete any section of the planned
development within eight months of the date provided for in the approved
plan, or if at any time the Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan, the Township shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
he is fulfilling his obligation pursuant to the approved plan. The
Township thereafter shall conduct a hearing to determine whether or
not the developer is in violation of the approved plan. If, after
such a hearing, the Township finds good cause to terminate the approval,
it shall provide written notice of same to the developer and the approval
shall be terminated 30 days thereafter.
G.
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
within five years of the date upon which the general development plan
has been approved by the Planning Board, the Township shall have cause
to terminate the approval.
H.
In the event that a planned development, which is
the subject of an approved general development plan, is completed
before the end of the term of the approval, the approval shall terminate
with the completion of the development. For the purposes of this section,
a development shall be considered complete on the date upon which
a certificate of occupancy has been issued for the final structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval,
including release of all performance bonds.
I.
No portion of any lands having received general development
plan approval shall be conveyed separately from the entire lands having
received general development plan approval until said portion has
received formal preliminary site plan approval.
A.
General development plan. At the time of submission
of the general development plan, the applicant shall pay a fee of
$5,000. In addition, each applicant shall deposit in cash the sum
of $50 per acre or fraction thereof included in the tract with the
Planning Board Secretary to be place in escrow by the Township to
cover the cost of professional review by professionals, including
the Mount Laurel Fire Official or other person so designated by the
Mount Laurel Fire Commission, employed by the Planning Board to make
said review and inspections. Sums not utilized in review and in the
inspection process shall be returned to the applicant from the escrow.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional amount and shall add such sums to the escrow.
B.
Preliminary plat. At the time of the initial submission
of the preliminary plat, the applicant shall pay a fee of $200. In
addition, each applicant shall deposit in cash the sum of $100 per
acre or fraction thereof included in the tract with the Planning Board
Secretary to be place in escrow by the Township to cover the cost
of professional review by professionals, including the Mount Laurel
Fire Official or other person so designated by the Mount Laurel Fire
Commission, employed by the Planning Board to make said review and
inspections. Sums not utilized in review and in the inspection process
shall be returned to the applicant from the escrow. If additional
sums are deemed necessary, the applicant shall be notified of the
required additional amount and shall add such sums to the escrow.
C.
Final plat. At the time of submission of the final
plat, the applicant shall pay a fee of $200, plus an escrow in the
amount of 5% of the dollar cost of the Township Engineer's estimated
cost of bondable improvements or $500, whichever is greater.
D.
Each applicant who shall submit a plan for approval
shall agree in writing and shall pay all reasonable costs for professional
review of said site plan and for inspection of improvements required
by the Planning Board. Such costs shall be paid up to date. The costs
of both preliminary plan and final plan considerations by the governing
body and any cost incurred in final approval shall be paid in full
before any construction work on the site is permitted to commence.
In approving the final plat, the Planning Board
shall require that the applicant first furnish a performance bond
for the purposes of guaranteeing the completion of such items as are
set forth in the final sketch plat which will affect the public interest,
such as but not limited to drainage, streets, recreations areas, shade
trees or shrubbery and required landscaping, off-street parking, loading
and unloading zones, artificial lighting, sidewalks, curbs and driveways
and utilities. An estimate of improvement costs shall be prepared
by the Township Engineer in order to determine the amount of the performance
guaranty. Said performance guaranty shall have been reviewed and have
the approval of the Township Solicitor as to both form and amount
prior to the issuance of any permits.
A.
The municipality may also require a maintenance guaranty
for a period of not to exceed two years after the final acceptance
of the improvement in an amount not to exceed 15% of the cost of the
improvements or of the original installation.
B.
The reviewing authority shall require that the applicant
execute such agreements and covenants as may be necessary in order
to assure the Township that the premises shall be used in accordance
with the approved plan for the development, said agreements or covenants
running with the land. Said agreements or covenants shall be recorded
prior to the issuance of any building permit for the development and
may only be modified or released as set forth therein or by ordinance
of the Township of Mount Laurel or as required by any other governmental
agency having jurisdiction thereover.
A.
In any case where this article shall conflict with
any other portions of the Zoning Ordinance, the Site Plan Ordinance[1] or any other ordinance of the Township of Mount Laurel,
the language of this article shall prevail and be binding. However,
in all areas not covered by this article and where the Zoning Ordinance,
Land Subdivision Ordinance and Site Plan Ordinance, Off-Site Improvement
Ordinance and Soil Erosion and Sediment Control Ordinance are applicable,
those ordinances apply.
B.
These rules, regulations and standards shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of Mount Laurel Township. Any action
taken by the Planning Board and the governing body, under the terms
of this article, shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
applicant or its agent can clearly demonstrate that, because of the
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impractical or will exact undue
hardship, the Planning Board and governing body may permit such deviation
of the regulation imposed as may be reasonable and within the general
purpose and intent of the rules, regulations and standards established
by this article. Any requested waiver or deviation by the developer
must be made in written form and heard by the Planning Board at a
regularly scheduled meeting, at which time the developer shall produce
the necessary documentation, either by exhibit or testimony, to support
its request. If permitted, the deviation found to be necessary by
the Planning Board shall be produced in written form consisting of
findings of fact, conclusions of law and the adoption of a resolution
of recommendation by the Planning Board and submitted to the governing
body for approval.
