[Added 9-18-1972 by Ord. No. 1972-12]
The following regulations shall apply in the
R-4 (PARC) Zone hereby established.
The following shall be permitted uses in the
R-4 (PARC) Zone:
B.
Group homes, etc., as set forth in § 154-15A(6). All such uses shall be subject to all applicable standards of those ordinances. N.J.S.A. 40:55D-66.5b.b. regarding age-restricted projects may be applicable.
[Added 12-1-2003 by Ord. No. 2003-30]
The following shall be permitted accessory uses
in the R-4 (PARC) Zone:
A.
Necessary accessory buildings and facilities, including
but not limited to gatehouses, garages, carports, guardhouses, storage
facilities for maintenance equipment and administrative, social, cultural
and recreational structures shall be permitted.
B.
Ancillary retail, commercial and professional facilities
may be permitted on approval of the Township Council and are limited
to a bank, a guesthouse, churches, hobby and craft shops, food stores,
a pharmacy, day-care center, bowling alleys, barbershop, beauty salon,
theaters, a laundry and cleaning pickup service, professional offices
for medical and dental practitioners, a nursing home, small infirmaries
and medical and first aid rooms to provide observation, minor treatment
and short-time nursing care; all to be designed and operated to service
and to be of direct benefit to the residents of the PARC and their
guests, together with any other uses which the Planning Board and/or
the Township Council shall consider beneficial or useful to the residents
of the PARC. The aforesaid uses shall serve the PARC and its residents
exclusively if the size of the development generates sufficient potential
or primarily, if the development is too small. Those uses which would
be considered to primarily serve the development are the professional
offices of medical and dental practitioners and nursing homes and
community service oriented activities, such as the day-care center
which would be directly beneficial to the health and general welfare
of the residents of the community. In no event shall the total square
footage of the ancillary retail, commercial and professional facilities
exceed 20% of the total square footage of the residential building
space in the PARC.
C.
Electric
vehicle charging stations or EVSE make ready parking spaces.
[Added 2-28-2022 by Ord. No. 2022-9]
B.
Dwelling unit density; life-care communities.
(1)
There shall not be more than five dwelling units for each gross acre in the PARC, excluding freshwater wetlands, floodplains and similar areas. The total number of each type of unit (for example, townhouses or apartments) may not exceed 60% of the total number of residential units in the PARC. The Planning Board may grant exceptions to this requirement if there are sufficient variations in architectural designs to conform with the purposes of Subsection M. The applicant shall supply reasons for requesting exceptions, citing findings of fact.
[Amended 4-18-1988 by Ord. No. 1988-8]
(2)
A PARC containing a comprehensive life-care
community shall be exempt from the requirements of variations in architectural
designs with respect to the types of units to be employed. Life-care
communities shall contain dwelling units of various sizes, all on
one floor. No residential dwelling unit or service provided for a
life-care-community resident shall be above the ground floor unless
elevator service is provided. Beds in any medical, nursing facility
or extended-care facility constructed as part of the life-care community
shall not be included in the density count. However, a life-care community
shall be required to construct and maintain beds in a medical, nursing,
shelter care or long-term-care facility in relation to the dwelling
units constructed in the ratio of one such bed for each five dwelling
units proposed. In addition, the developmental plan shall include
at the inception of the project the capacity to double the aforesaid
number of beds if future needs exist. Health-care facilities in accordance
with the minimum ratio of 20% set forth above, together with dining
facilities sufficient to accommodate the residents of each dwelling
unit constructed shall be completed prior to occupancy of the dwelling
units.
[Added 1-21-1980 by Ord. No. 1980-2]
C.
Maximum lot coverage. Not more than 15% of the gross
land area of the PARC shall be covered by buildings to be constructed
or used as dwelling units, excluding buildings accessory to dwelling
units, such as garages and carports; provided, however, that not more
than 25% of the gross land area of the PARC may be covered by such
dwelling units (limited to 15% as aforesaid) and other buildings or
structures, including but not limited to garages and carports, gatehouses,
guardhouses, storage facilities for maintenance equipment and administrative,
social, cultural, recreational, commercial and medical facilities,
which are expressly hereby permitted.
D.
Perimeter boundary lines. No structure shall be closer
than 75 feet to any perimeter property line of the PARC or to any
water shoreline which may border the PARC, except water-related structures.
No paved or improved area shall be closer than 50 feet to any perimeter
property line.
E.
Front setbacks. Where the perimeter property line
of the PARC abuts a public, county, primary or arterial road, no structure
shall be located closer to such road than 100 feet, and no paved or
improved area shall be closer than 50 feet.
F.
Physical characteristics of multifamily buildings. A maximum length of 220 feet per freestanding multifamily dwelling shall be permitted. Up to three such two-hundred-twenty-foot-maximum-length buildings may be attached, provided that an angle of at least 30° exists between adjacent buildings. However, there can be no continuous roofline or continuous front and/or rear building line of more than 80 linear feet. It is the purpose of this section to provide for both broken rooflines and different setbacks and to break up a straight linear configuration. Dwelling units connected by party or common walls shall not be considered separate buildings for the purposes of this section. Units connected by open walkways may be, at the Board's discretion, considered separate buildings for the purposes of this section but shall not be considered separate buildings for the purposes of Subsection H, dealing with space between buildings, if the Board so finds.
G.
Bedroom content. The applicant shall furnish as part
of the project submittals, data indicating the proposed mix of bedrooms
as a percentage of the various types of structures included within
the development.
H.
Space between buildings. No multifamily building shall
be closer than 25 feet to any other building, nor shall any single-family
detached dwelling unit be closer than 15 feet to any other single-family
detached dwelling unit nor closer than 25 feet to any multifamily
structure, except as allowed by the Planning Board and Council when
this requirement is waived for architectural considerations.
I.
Floor area of residential dwelling units. No residential
dwelling unit on a single floor shall contain less than 650 square
feet, not to include garages or carports. No residential dwelling
unit of more than one story shall contain less than 1,000 square feet,
total, both floors, excluding garages and carports. However, up to
10% of the total units in the PARC may be reduced below the above
minimums, excluding garages and carports, upon demonstration of good
cause, provided that the units meet the architectural design objectives
and health criteria of the PARC Ordinance.
J.
Building height. No building shall contain more than
2 1/2 stories or be more than 35 feet in height. This provision
shall not apply with respect to steeples, towers or similar architectural
features of building designs approved by the Planning Board.
K.
No more than two stories of any building shall be
used for habitation, and no structure shall exceed 2 1/2 stories
in height.
L.
Social and recreational facilities shall reflect,
insofar as possible, preferences of the anticipated residents. Indoor
facilities shall include hobby or craft facilities, lounging areas
which may also be used for meetings and group activities, card rooms
and lavatories. Outdoor facilities shall include walks, shuffleboard
and horseshoe courts, tennis courts and pools. All social and recreational
facilities shall be in proper relationship as to quantity and proximity
to location to the number of living units in the project.
M.
The architectural design of all buildings, the site location and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements and shall take into account the desires and needs of older persons for privacy, participation in social community activities and access to community activities. At the same time, provision shall be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible. The applicant shall show in detail how his design considers this criteria in terms of the Checklist of Design Standards given in § 154-115A. The architectural design as aforesaid shall be a matter of review by the Planning Board and Township Council, and failure to comply or provide for the criteria as aforesaid without good and sufficient cause or without proposing acceptable alternatives may be a reason for denial.
B.
The minimum width pavement edge to pavement edge,
of interior roads within the PARC development not to be dedicated
for public use and not to be used as through streets shall be as follows:
(1)
Two-way traffic: no parking, 24 feet.
(2)
One-way traffic: no parking, 18 feet.
(3)
Two-way traffic: parking both sides, 38 feet.
(4)
Two-way traffic: parking one side, 30 feet.
(5)
One-way traffic: parking both sides, 30 feet.
(6)
One-way traffic: parking one side, 22 feet.
(7)
Private driveway serving six or fewer units:
no parking, 18 feet, applicable only where not required for fire access.
C.
The maximum length of all private cul-de-sac streets
shall be six hundred feet. In all cases, streets must be designed
to accommodate fire and emergency vehicles.
D.
The following off-street parking requirements shall apply, except that the requirements set forth in Subsections D(2) through (5) may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority:
(1)
One and one-half spaces for each dwelling unit.
(2)
One space for each two hundred square feet of
floor area in any retail or commercial establishment.
(3)
One space for each six persons for whom seating
is provided in any auditorium or place of worship or similar recreational
or quasi-public place of assemblage.
(4)
One space for each 50 square feet of floor space
in any medical or nursing facility.
(5)
One space for each guest room or suite in any
guesthouse, together with one space for each full-time employee on
duty at any one time.
(6)
If the PARC contains a comprehensive life-care
community, the following off-street parking requirements shall apply:
[Added 1-21-1980 by Ord. No. 1980-2]
(a)
One space for each dwelling unit.
(c)
One space for each guest room or suite in any
guesthouse.
(d)
Two spaces for each full-time employee on duty
at any one time computed on the basis of the largest shift. One-half
of the parking requirement under this section shall be improved initially,
with the remainder being reserved to satisfy future parking needs
as they occur. Employees shall include but not be limited to administrative,
food service and medical personnel.
E.
Indoor social, cultural, recreational and meeting
facilities shall be required. The gross floor area devoted to such
usage shall be not less than 20 square feet per residential dwelling
unit for the first 250 residential dwelling units, plus two square
feet for each residential unit in excess of 250 units.
F.
Not less than 50% of the gross area of the PARC 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.
No more than 10% of the gross area of the PARC shall be water area
that is included as part of the fifty-percent computation set forth
above. At least 30% of the open space must be common open space.
G.
Within the seventy-five-foot-wide area established in § 154-107D hereof, there shall be a buffer strip of at least 50 feet in width, suitably landscaped with grass, ground cover, shrubs and trees and unused for any other purpose except walkways, bicycle paths, gardening, equestrian trails and passive park purposes, including park benches, except that this landscaping requirement shall not apply within any such setback area which abuts an open body of water or a public street or where natural wooded areas exist.
H.
Appropriate passive outdoor recreational areas shall
be provided and shall include suitable landscaping. These areas shall
be suitable for sitting and walking areas as well as for horseback
riding and/or bicycle trails. Passive outdoor recreational areas as
above defined shall be at least 15% of the open area. Active outdoor
recreational areas shall be at least 10% of the total area.
I.
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 PARC 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.[2]
[2]
Editor's Note: See Ch. 130, Soil Erosion and
Sediment Control.
J.
The following signs shall be permitted within the
PARC development in accordance with the following regulations:
(1)
One nonflashing and externally illuminated project-identification
sign for each direction of travel on any public street on which the
PARC development has frontage, not to exceed 30 square feet in area
on any one side nor six feet in height and located not less than 20
feet from any street or property line. Such signs may bear only the
name of the PARC and the developer, the street address and the presence
or lack of vacant units.
(2)
Nonflashing directional signs.
(3)
One nonflashing sign to identify each ancillary use permitted pursuant to § 154-106B hereof, not exceeding four square feet in area on any one side and located not less than 10 feet from any curbline. Such signs shall indicate only the use of and the name of the occupant of any such facility.
(4)
Signs for institutional uses, administrative uses and social, cultural or recreational facilities. One twenty-four-square-foot freestanding sign per building, with or without a bulletin or reader board, shall be permitted. Electronic messaging is permitted for the bulletin or reader board, subject to the standards contained in § 154-92.5C.
[Amended 10-28-2013 by Ord. No. 2013-10]
(5)
Such other signs as the approving authority
may in its discretion deem appropriate, provided that in no event
shall there be permitted any such other sign which is of a flashing
type nor which is greater than 20 square feet in area or which is
not compatible with the aesthetics of the PARC.
K.
Interior streets, parking areas, dwelling 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 and shall, where necessary,
be shielded to avoid glare that might be disturbing to occupants of
buildings or properties surrounding the PARC.
L.
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 all buildings and land areas owned in common by the residents
of the PARC. In addition, provision shall be made to permit the Township,
at its option, to perform or cause to be performed such services in
the event of the continued failure of performance of same by the private
association or other entity charged with such responsibility, all
at the cost and expense of the owners of the property with the PARC.
M.
The overall design, construction and improvement phasing
plan, recreational facilities, landscaping plans and site locations
of buildings must be submitted to the Planning Board for recommendation
to the Township Council. Said bodies have the right to approve the
general design to obtain aesthetic harmony. The construction and improvement
phasing plan is to be updated annually by the developer on or before
the anniversary date of the preliminary approval for the duration
of the project, and it shall be subject to review and approval by
the Planning Board and Township Council. The buildings, sizes, shapes,
site positions and architectural design may be considered along with
the landscaping and natural features. The following criteria also
may be taken into consideration:
(1)
Visual consideration of and variation in exterior
finishes of structures.
(2)
A mix of architectural designs and elevations
to ensure a harmonious blend.
(3)
Variation of building placement to create identity
and interest and enhance the overall design.
(4)
Landscaping, preservation of existing vegetation
and the location of trees.
(5)
Convenience of parking areas for use of occupants
and the screening thereof with adequate landscaping or fence.
N.
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 for all of the residents.
O.
All trash or garbage disposal facilities shall be
properly screened, and plans shall be submitted as part of the developmental
site plan showing the location and types of screening thereof.
P.
The R-4 Zone use shall only be permitted where it
can be served by 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.
Q.
The following procedure shall be followed for the
approval of the planned adult retirement community, and the approval
provisions of this article shall be administered by the Township Council
after favorable referral by the Township of Mount Laurel Planning
Board.
R.
The following improvements shall be installed by the applicant meeting the design standards of Article IV of the Land Subdivision Ordinance,[3] the requirements of the construction specifications of Article VII of the Land Subdivision Ordinance, construction details of the Land Subdivision Ordinance, the standards and requirements of all applicable state, county and local laws regarding private and public streets, street signs, sidewalks, curbs and/or gutters, compensatory planting, pedestrianways, shade trees, planted buffer areas, recreation and open space, water mains, culverts, storm sewers and sanitary sewers, monuments, underground wiring, fire hydrants, utility and drainage easements, off-site improvements and streetlighting. All street design shall assume a fifty-foot right-of-way width for setback purposes. Cartway width may be designed to the specifications set forth above in the body of this article.
S.
The medical and nursing facilities established in
a lifecare community shall be primarily for the residents of that
lifecare community. Such facilities may also be used by nonresidents,
provided that sufficient facilities are reserved to satisfy the medical
and nursing care needs of the residents of that life-care community.
T.
Financial disclosure. Any development under this article
shall comply with the requirements of the Planned Real Estate Development
Full Disclosure Act N.J.S.A. 45:22A-21 et seq. Duplicate copies of
all submissions required to be made under said statute to a state
agency shall also be made to the municipality. In the event that no
submission is required to be made to the state under the aforesaid
statute, submissions and disclosure shall be made to the municipality
and made available by the developer to all prospective residents of
the life-care center, using as a basis those items for submission
and disclosure as set forth in N.J.S.A. 45:22A-27 and 22A-28 as a
minimum standard. Said disclosures shall be made at the time of submission
for final plat approval and supplemented annually thereafter.
A.
With respect to any common open space created as part
of the PARC, the landowner or developer shall provide and establish
an organization for the ownership and maintenance of any such common
open space for the use and benefit of the residents of the PARC, including
the commercial and other nonresidential uses contained within the
PARC.
B.
Said common open space within each section shall be
dedicated free and clear of debt to such organization within one year
after the issuance of 95% of the certificate of occupancy of that
section or immediately upon issuance of the last certificate of occupancy
of that section. In the event that the applicant fails to comply with
this provision, no further building permits and/or certificates of
occupancy in the PARC shall be issued, and outstanding building permits
and certificates of occupancy may be revoked. This provision shall
not be construed to prevent the applicant from starting other sections
prior to the 95% completion of current sections.
C.
Prior to any final approval for the PARC, the landowner or developer shall furnish the Planning Board with the bylaws of such organization (said bylaws to cover, as a minimum, the topics listed in § 154-115B) copies of any restrictions governing such organizations and the lands held by such organizations and fully satisfy the Board as to the adequacy and prospects for financial stability of such organization.
D.
Included within the bylaws and restrictions establishing
and governing such organization, there shall be provided a mandatory
yearly audit of all accounts and all financial transactions of said
organization by an independent certified public accountant of the
State of New Jersey, and a copy of such audit shall be filed with
the Township Manager as a public record within 90 days of the close
of the fiscal year of the organization.
E.
In addition, the bylaws and restrictions governing
the organization shall provide that the trust officer of a banking
institution licensed to do business in the State of New Jersey serve
as a cosignatory with those members of the organization empowered
to disburse funds and that no disbursement of funds be made without
the cosignature of such trust officer. As an alternative to the foregoing,
any such member shall be permitted to post a fidelity bond in the
minimum amount of $5,000 and submit proof thereof to the Township
Council in which event no cosignature of such trust officer shall
be required.
F.
Said organization shall take ownership and assume
the maintenance of any common open space and shall assume responsibilities,
including but not limited to garbage, trash and snow removal and general
upkeep of all common open space, then such organization shall not
be dissolved nor shall it dispose of any common open space by sale
or otherwise without the approval of the Planning Board. In the event
that such organization is dissolved or intends to dispose of any common
open space, said lands shall first be offered for dedication to the
municipality or any other appropriate local governmental agency. In
no event may the lands set aside as common open space be sold, conveyed
or disposed of except to the municipality as aforesaid or to another
organization conceived and established to own and maintain the common
open space.
G.
Any of the aforesaid actions, including offers of
dedication and consummation thereof or disposal of lands to the appropriate
local governmental agency shall be done at a public meeting of the
Planning Board, which action shall be subsequently confirmed by the
Council at a public meeting. Notice of meetings before the Planning
Board and the Council shall be given to all of the residents of the
PARC, which notice may be given by publication in the official newspaper
of the municipality or a newspaper of general circulation in the municipality,
stating the date, time and place and purpose of the meeting, which
notice shall be published no less than 10 nor more than 30 days prior
to the meeting.
H.
In the event that the organization established to
own and maintain common open space or any successor organization shall
at any time after the establishment of the PARC fail to maintain the
common open space in reasonable order and condition in accordance
with the plan, the municipality may serve written notice upon such
organization or upon the residents and owners of the PARC setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
30 days thereof and shall state the date and place of a hearing thereon,
which shall be held within 14 days of the notice. At such hearing,
the municipality may modify the terms of the original notice as to
the deficiencies and may give an extension of time within which they
shall be cured. If the deficiencies set forth in the original notice
or in the modifications thereof shall not be cured within said 30
days or any extension thereof, the municipality, in order to preserve
the taxable values of the properties within the PARC and to prevent
the common open space from becoming a public nuisance, may enter upon
said common open space and maintain the same for a period of one year.
Said entry and maintenance shall not vest in the public any rights
to use the common open space except when the same is voluntarily dedicated
to the public by the residents and owners. Before the 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, call a public hearing, upon notice to such
organization or to the residents and owners of the PARC, to be held
by the municipal authority, at which hearing such organization or
the residents and owners of the PARC shall show cause why such maintenance
by the municipality shall not, at the election of the municipality,
continue for a succeeding year. If the designated municipal body or
officer, as the case may be, shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the municipal authority shall determine that such
organization is ready and able to maintain said common open space
in reasonable condition, the municipality shall cease to maintain
said common open space at the end of said year. If the municipal authority
shall determine such organization is not ready and able to maintain
said common open space in a reasonable condition, the municipality
may, in its discretion, continue to maintain said common open space
during the next succeeding year and subject to a similar hearing and
determination, in each year thereafter. The decision of the municipal
authority in any such case shall constitute a final administrative
decision subject to judicial review.
I.
The cost of such maintenance by the municipality shall
be assessed ratably against the properties within the PARC that have
a right of enjoyment of the common open space and shall become a tax
lien on said properties. The municipality, at the time of entering
upon said common open space for the purpose of maintenance, shall
file a notice of such lien in the office of the County Clerk upon
the properties affected by such lien within the PARC.
A.
Concept plat.
(1)
The applicant shall file an appropriate application
and shall submit 12 copies of the concept plat of the entire proposed
PARC to the Planning Board Secretary on or prior to a regular meeting.
All plans shall be marked "received" as of the next regular meeting
following submission of same.
(2)
The Planning Board Secretary shall transmit
the concept plat to the Site Plan Review Advisory Board, the Planning
Board and designated officials and agencies, including but not limited
to the Planning Board Engineer, the Township Planner and the Municipal
Utilities Authority for their review and report thereon. The applicant
may be called to explain, amplify or discuss the plan with any of
the reviewing boards or individuals.
(3)
The Planning Board will receive and review the
reports from the reviewing bodies and/or individuals and meet with
the developer within 45 days of the date of receipt of the concept
plat. The applicant is not required to amend the concept plat until
after discussion of same with the Planning Board as all conditions
and recommendations prior thereto are purely advisory. The Planning
Board shall have an additional 45 days from the date of the meeting
with the developer or such additional time as agreed to between parties
to review, give advise and make recommendations concerning the concept
plat.
(4)
Prior to the expiration of 90 days from the
date of submission of the concept plat, the Planning Board shall advise
the developer, in writing, as to the changes, conditions and restrictions
with respect to the concept plat. The developer shall then revise
his concept plat and resubmit it to the Board, which shall have 30
days for review and approval prior to submission by the developer
of the preliminary plat.
(5)
A copy of the proposed occupancy restrictions
imposing the minimum age limitation shall also be submitted together
with the concept plat, which restrictions shall be included within
any covenants or agreements to be executed with or approved by the
Township Council. In addition, covenants, restrictions and agreements
as proposed by the developer for the homeowners' association and for
garbage collection, trash collection and snow removal and maintenance
of roadways, such as is to be done by either the developer or the
homeowners' association, shall be submitted.
(6)
Agreements are to be clearly stated as to proposed
areas, such as roadways, which are intended to be dedicated to the
Township as opposed to those areas and/or services which are to be
retained and rendered by either the landowner-developer or the homeowners'
association.
B.
Preliminary plat.
(1)
Upon review and approval of revised concept
plat, the Planning Board shall set a date for a public hearing. The
date set for the hearing shall be given the applicant after consultation
with the Secretary of the Planning Board and Chairman thereof. A preliminary
plat shall be filed at a regular meeting of the Planning Board prior
to the date set for the hearing. The date set for the hearing shall
not exceed 45 days from the date of receipt of the preliminary plat.
(2)
The Planning Board shall hold the public hearing
upon due notice and shall act on the preliminary plat within 95 days
after the public hearing. However, the Planning Board shall not act
upon the preliminary plat prior to the expiration of a thirty-day
period within which the Township Municipal Utilities Authority may
review the preliminary plat and furnish the Planning Board with recommendations.
This provision may be waived unilaterally by the Township Municipal
Utilities Authority by submission of a report prior thereto or without
the necessity of submission of a report. Failure on the part of the
Planning Board to act upon the plat within the required ninety-five-day
period from the public hearing shall constitute a favorable recommendation
of tentative approval to the governing body.
C.
Application to County Planning Board. Prior to any
step in the herein contained procedure where approval of the County
Planning Board is required, the applicant shall have submitted his
plat to the Burlington County Planning Board for its approval, disapproval
or recommendations, and the County Board's approval shall be denoted
on the plat presented to the Township by the applicant. The time within
which the Township Planning Board has to consider the tendered plat
shall not commence until the applicant has complied with this provision
and the Board is in receipt of both the County Planning Board approval
and recommendations and a regularly submitted plat.
D.
Notice of public hearing on preliminary plat.
(1)
The applicant shall notify by mail at least
10 days prior to the hearing all property owners within 200 feet of
the extreme limits of the subdivision as their names appear on the
municipal tax records of each municipality involved. Said notice shall
be sent by registered or certified mail with return receipt. The notice
of the hearing shall contain a brief description of the property involved,
a statement as to its location, a list of the maps and other documents
to be considered and a summary statement of the matters to be heard.
Copies of the maps and other documents to be considered at the hearing
shall be filed at the office of the Municipal Clerk. Such copies shall
be made available at such office for public inspection. The notice
shall also state the time, place and date of the hearing, and a certified
true copy of the notice served shall be submitted at the hearing,
together with an affidavit made by the applicant showing the parties
served and the date and manner of service. The applicant shall also
cause notice of the hearing to be published in the official newspaper
or a newspaper of general circulation in the municipality at least
10 days prior to the hearing, and an affidavit of such publication
shall be submitted at the hearing.
(2)
Whenever a hearing is required with respect
to planning or approval of developments involving property situated
within 200 feet of an adjoining municipality and notice of said hearing
is required to be given, the person giving such notice shall also,
at least 10 days prior to the hearing, give notice, in writing, of
such hearing by registered or certified mail to the Clerk of such
municipality. Said notice of hearing shall contain a brief description
of the property involved, its location and a concise statement of
the matters to be heard.
(3)
Whenever a hearing is required in respect to
planning or approval of developments involving property abutting upon
or adjacent to a state highway or county road and notice of said hearing
is required to be given, the person giving such notice shall also,
at least 10 days prior to the hearing, give notice, in writing, of
such hearing by registered or certified mail to the Commissioner of
Transportation, in the case of a state highway, and to the County
Planning Board, in the case of a county road. The said notice of hearing
shall contain a brief description of the property involved, its location
and concise statement of the matters to be heard.
E.
Township Engineer review. The Township Engineer shall
forward to the Secretary of the Planning Board a written report stating
the design adequacy of all proposed improvements, including but not
limited to streets, utilities, grading and drainage, together with
any recommendations for improvement or modification.
F.
Tentative approval granted.
(1)
If the Planning Board acts favorably on a preliminary
plat, the plat shall be revised by the applicant to reflect all conditions
of approval, and it shall be reviewed by the Planning Board Engineer
for compliance. A notation of the Planning Board approval shall then
be made on the plat, after which it shall be referred to the governing
body for action. The governing body shall take action under this section
not later than the second regular meeting after the Planning Board
submits the plat to the Municipal Clerk for transmission to the governing
body or within such further time as applying party may agree to.
(2)
The Secretary of the Planning Board shall notify,
in writing, all persons or agencies to whom copies of the plat were
sent of the action taken by the Planning Board.
(3)
Tentative approval shall confer upon the applicant
the following rights for a three-year period from the date of such
approval:
G.
Submission of final plat.
(1)
The final plat shall be submitted to the Secretary
of the Planning Board for final approval within three years from the
date of tentative approval of the preliminary plat. The three-year
period may not be extended. Failure to submit the final plat within
such period shall require submission of a new preliminary plat. The
final plat shall be prepared in accordance with the existing provisions
of the Mount Laurel Land Subdivision Ordinance and Site Plan Review
Ordinance[1] and shall be accompanied by a landscaping plan. The final
plat may be submitted by the applicant in sections.
(2)
One translucent tracing cloth or plastic film
reproducible, two cloth-backed prints and 12 black-on-white prints
shall be submitted to the Secretary of the Planning Board at least
30 days prior to the date of a regular Planning Board meeting, together
with any additional documentation required.
(3)
Before approval of a final plat, the applicant will have installed the improvements required or the Planning Board shall have required the posting of adequate performance guaranties in keeping with the estimate of improvement costs as prepared by the Township Engineer. Said improvements shall be governed by the applicable section of the Township Land Subdivision Ordinance (currently Article V, Improvements). Said performance guaranty shall have been reviewed and have the approval of the Township Solicitor as to both form and amount. The time limit on the installation of the required improvements under the performance guaranty shall not exceed 24 months from the date of posting.
H.
Engineer review. The final plat shall be accompanied
by a written report from the Township Engineer.
I.
Planning Board review.
(1)
The Planning Board shall act upon the final
plat within 45 days after the submission of the final plat for approval
to the Secretary of the Planning Board or within such further time
as the applying party may agree to.
(2)
Failure of the Planning Board to act within
the allotted time or a mutually agreed upon extension shall be deemed
to be favorable approval and the Secretary of the Planning Board shall
issue a certificate to that effect.
J.
Disapproval of final plat. If, for any reason, the
final plat shall be disapproved by the Planning Board, a letter from
the Chairman of the Planning Board stating the reasons for disapproval
shall be given to the applicant.
K.
Approval of final plat.
(1)
If the final plat is approved by the Planning
Board, a notation to that effect shall be made on the plat and shall
be signed by the Chairman of the Planning Board, the owner, registered
land surveyor and Township Engineer and forwarded to the governing
body for approval. The governing body shall take action under this
section not later than the second regular meeting after the Planning
Board submits the plat to the Municipal Clerk for transmission to
the governing body or within such further time as the applying party
may agree to. Otherwise, such plat shall be deemed to have been approved,
and the certificate of the Municipal Clerk as to the date of the submission
of the plat for approval by the governing body and as to the failure
of the governing body to act on not later than the second regular
meeting or such further time as agreed to by the applying party shall
be issued on request of the owner or its agent and shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required. If the governing body disapproves any plat, the findings
and reasons for such action shall be stated upon the records of the
governing body, and the applicant shall be given a copy.
(2)
Final plat approval shall confer upon the applicant
the Township's ultimate approval of the development of the PARC and
shall include as part of such approval, subdivision approval, if same
is necessary, and site plan approval.
L.
Filing with county recording officer. After final
approval of the Planning Board and the Township Council, the original
tracing and a cloth-backed copy of the final plat shall be filed by
the subdivider with the county recording officer within 90 days from
the date of such approval. If any plat is not filed within this period,
the approval shall expire. The governing body for good cause shown
may extend the time for plat filing for a period not to exceed 90
days.
A.
Concept plat. The concept plat shall be based upon
Tax Map information at a scale not less than 200 feet to the inch,
shall show the entire tract on one sheet and shall include the following
information:
(1)
A certification by a licensed surveyor, engineer,
planner or architect.
(2)
Lot and block numbers should be checked by Township
Engineer.
(3)
Existing structures in the PARC.
(4)
Existing structures within 200 feet of tract.
(5)
Existing wooded area in the PARC.
(6)
Existing wooded area within 200 feet of PARC.
(7)
Name and address of all adjoining owners within
200 feet of PARC.
(8)
Name of owner.
(9)
Streets and roads within 500 feet of PARC.
(10)
Stream (and direction of flow) within 500 feet
of tract.
(11)
Existing utility easements.
(12)
Existing floodplain easements.
(13)
Conservation easement.
(14)
Right-of-way dedications.
(15)
Certification by owner that the applicant is
agent or owner of the land or that the owner has given consent under
an option agreement.
(16)
General floor elevations of all existing buildings
and structures and the existing zoning.
(17)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted.
(18)
A certificate of the Tax Collector that all
taxes on tract are paid.
(19)
Proposals relating to ownership, facilities
to be dedicated to Township, etc.
(20)
Additionally, the developer by use of a series
of overlays or other appropriate means shall show the following:
(a)
Topographic limitations.
(b)
Soil limitations.
(c)
Natural features.
(d)
Land use concept (including use and density).
(e)
Circulation concept (including major roads,
minor roads, etc.).
(f)
Ecological concept (including preservation of
natural features, floodplain easements, etc.).
(g)
Utility concept (including general approach
to water, storm sewer and sanitary sewer service).
(h)
Recreation concept identifying specific uses.
B.
Preliminary plant.
(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 PARC within the Township
and in relation to major streets, water bodies and political boundaries
within the area.
(b)
The PARC name, Tax Map sheet, block and lot
numbers, North arrow and graphic scale, reference meridian, United
States Geological 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
should be referenced to United States Geological 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 right-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. These shall
be to a depth of not less than 10 feet below the existing grade or
10 feet below the finished grade, whichever is lower, to indicate
types of soil and elevation of the water table on the entire tract.
(3)
Proposals. The preliminary plat shall clearly
and accurately show the following, which shall conform to the standards
of this article and of the county:
(a)
The location of all proposed property and building
setback lines.
(b)
The location and proposed cross sections and
center-line profiles of all new streets and pedestrian-ways, including
sidewalks, cartways, street trees 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, floodplain 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 the 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 PARC.
(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 restrictions
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.
C.
Final plat.
(1)
General requirements. The final plat shall be
drawn to meet the requirements of subsection for preliminary plats,
except that the final plat shall be drawn in ink on tracing cloth
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]
[2]
Editor's Note: See now N.J.S.A. 46:23-9.9
et seq.
(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 concept plat.
(g)
A certificate from the Tax Collector that all
taxes on the tract to be subdivided 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 the event of such apportionment,
that such local improvement assessments are paid to date.
(b)
A 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 location and elevation, 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 PARC 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
the 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.
Fees shall be as follows:
(1)
Concept plat. At the time of submission of the
concept plat, the applicant shall pay a fee of $500.
(2)
Preliminary plat. At the time of the initial
submission of the preliminary plat, the applicant shall pay a fee
of $100. In addition, each applicant shall deposit, in cash, the sum
of $100 per acre or fraction thereof included in the tract, with the
Secretary of the Planning Board to be placed in escrow by the Township
to cover the cost of professional review by the professionals employed
by the Planning Board to make said reviews and inspections. Sums not
utilized in review and 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 sum to the escrow.
(3)
Final plat. At the time of submission of the
final plat, the applicant shall pay a fee of $100, plus an escrow
in the amount of 6% of the dollar cost of the Township Engineer's
estimated cost of improvements.
B.
Each applicant who shall submit a plan for approval
shall agree in writing and shall pay all reasonable costs for professional
review of said final plat and for inspection of improvements required
by the Planning Board. Such costs must 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 plat which will affect the public interest,
such as but not limited to drainage, streets, recreational 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 maintenance guaranty
for a period not to exceed two years after final acceptance of the
improvement in an amount not to exceed 10% of the cost of the improvement
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 PARC, said agreements or covenants
to be in recordable form and to constitute covenants running with
the land. Said agreements or covenants shall be recorded prior to
the issuance of any building permit for the PARC 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 there-over.
In any case where this article shall conflict
with any other portions of the Zoning Ordinance, the Land Subdivision
Ordinance, the Site Plan Review Ordinance 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 Review Ordinance, Off-Site Improvement Ordinance, Soil Erosion
and Sediment Control Ordinance are applicable, those ordinances shall
apply.
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 his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impracticable 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 public meeting, at
which time the developer shall produce the necessary documentation,
either by exhibits or testimony, to support his 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 its approval.
