This article shall be known and may be cited
as the "planned unit development section."
A.
The purpose of this article is to further the public
health, safety, morals and general welfare and provide:
(1)
Housing of all types and design;
(2)
Necessary commercial, educational, and recreational
facilities and other community services conveniently located to housing;
(3)
Well-located, clean, and safe industrial sites involving
a minimum strain on transportation facilities;
(4)
Planning and building of new towns and new communities,
incorporating the best features of modern design;
(5)
The conservation and more efficient use of open space;
(6)
The minimization of the burden of traffic on streets
and highways;
(7)
A more flexible land development that will preserve
and enhance natural resources such as streams, lakes, wetlands, floodplains,
groundwater, wooded areas, steeply sloped areas, and areas of unusual
importance to the natural ecosystem; and
(8)
Implementation for the Elk Township Fair Share Plan
in a manner which promotes flexibility, economy and environmental
soundness in the layout of residential development while providing
a realistic opportunity for the construction of housing for low- and
moderate-income households as provided by the Fair Housing Act of
1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
B.
In the aid of these purposes, to provide a procedure
that can relate the type, design, and layout of residential, commercial,
and industrial development to the particular site and the particular
demand for housing and other facilities at the time of development
in a manner consistent with the preservation of the property values
within the established residential areas and, to ensure that the increased
flexibility of substantive regulations over land development herein
is subject to such administrative standards and procedures as shall
encourage the disposition of proposals for land development without
undue delay.
This article is adopted pursuant to N.J.S.A.
40:55d-65c.
A.
Township authority. All planning and subdivision matters
relating to the platting, use and development of the planned unit
development (PUD) and subsequent modifications of the regulations
related thereto, to the extent such modifications is vested in the
municipality, shall be determined by the Township.
B.
Adoption of community objectives. In order to achieve
the purpose and to attain the general community objectives set forth
in this article and in consideration of current and projected development
pressures, the Township adopts the following community objectives
for PUDs which shall be evaluated by the Township Planning Board.
C.
Planning and design goals. All PUDs shall be designed
to permit and encourage only those uses of the land that respect the
natural character of the land, the drainage system, soil capabilities
and groundwater and aquifer recharge quality, and to include only
those uses that are compatible with other proposed uses within the
proposed planned unit development and existing uses on adjacent lands,
which shall be determined on the basis of inventories of the natural
features of the site, plans indicating the physical relationship among
types of uses and any natural or man-made barriers, existing or planned,
between different uses both within and adjacent to the proposed planned
unit development, and studies to determine traffic that will be generated
by each type of use in the proposed development and adequacy of existing
and proposed streets and highways to serve such traffic flows.
D.
Relationship to Township growth patterns. All PUDs
shall be planned and designed to achieve the Township goal of permitting
and encouraging a population density pattern and a development growth
pattern in the Township that facilitates the provision of public utilities
and services, including public water and public sewerage, storm drainage
systems, recreation areas, public schools, state, county, and Township
roads and firehouses, in an orderly, functional, and economical manner.
The relationship of a proposed PUD to the overall Township growth
pattern shall be evaluated on the basis of staging plans and population
projections for the planned unit development prepared by the applicant,
indicating service demands generated by each proposed section and
provision for public utilities, community services and transportation
system improvements to meet such service demands.
E.
Conservation of open space. Common open space within
all PUDs shall be planned and designed to achieve the Township goal
of ensuring that adequate recreation areas are set aside in suitable
locations to provide for the recreation needs of the residents and
owners of the PUD and those portions of the Township that, because
of their natural features, constitute important visual amenities,
and environmental resources are maintained in accordance with sound
conservation practice. The common open space configuration within
a proposed planned unit development shall be evaluated in terms of
inventories of natural features of the site and a plan indicating
the general location of common open areas for natural preserves and
for active recreation purposes. The open space configuration will
be evaluated in terms of the objective of providing continuity of
the open space resulting from application of floodplain and surface
water area protection provisions.
F.
Relationship to Township Master Plan. All PUDs shall
be planned and designed in accordance with community objectives for
such developments as are or may be set forth in the Township Master
Plan and/or the Township Housing Ordinance, including the Land Use
and Housing Elements, which have been duly adopted by the Township
Planning Board and the Township Committee.
G.
Furtherance of community objectives. In furtherance
of these community objectives for PUD, criteria for eligibility, procedures
for application and review, and development standards for PUD are
set forth in this article.
H.
Municipal authority. The Township Planning Board shall
be responsible for reviewing all applications for PUD and shall exercise
the powers of the municipal authority as defined in N.J.S.A. 40:55D-25
and N.J.S.A. 40:55D-45, including approval, approval subject to conditions
or denial of all applications for PUD.
PUDs are permitted only in that area designated
MD (Moderate Density Residential). Master development approvals of
PUD plans shall be subject to the following conditions:
A.
Planned unit development.
(1)
Minimum area. The development shall be a master planned
community, meeting all land use and open space criteria within this
article and shall contain a contiguous area of at least 150 acres.
(2)
Access. The development shall have direct access to
a state or federal highway or a road identified as an arterial county
road on the Gloucester County Official Map or a road identified as
an arterial road on the Township Master Plan.
(3)
Zoning. A PUD shall be permitted subject to the conditions
set forth in this article.
(4)
Affordable Housing District. A PUD is permitted as-of-right
in accordance with the requirements set forth in this article on lands
designated as MD Moderate Density Zone pursuant to the Elk Township
Fair Share Plan, as submitted to the New Jersey Council On Affordable
Housing. The purposes of this District is to implement the Fair Share
Plan and for the Township to accommodate its obligation to provide
a realistic opportunity for the creation of low- and moderate-incoming
housing. The development is permitted in the area indicated on the
Elk Township Zoning Map, as revised.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Public water and sewer. All PUDs shall be served by public water and public sewer. Before construction of any buildings for use or occupancy by any persons begins within any finally approved section of a PUD, all water and sewer systems needed to serve such buildings within that finally approved section shall be completed or their completion prior to such use or occupancy shall have been guaranteed as provided in Article IV. In addition, the applicant shall demonstrate that the water and sewer systems that are completed or that are guaranteed to be completed within each finally approved section of the development are to become components of a public water and sewer system for the entire PUD. The applicant shall further demonstrate that the public water and sewer system for each section of the PUD will be completed on schedule and will have the capacity to serve the section specifically applied for as part of the public water and sewer system for the PUD generally and shall comply with any local or regional sewerage authority requirements.
C.
Stormwater management. All PUDs shall provide appropriate
stormwater management mitigation techniques that shall comply with
applicable state and local stormwater management plans pursuant to
N.J.S.A. 40:55D-93.
D.
Other amenities. All PUDs shall be served by fire
hydrants, easements, rights-of-way for utilities, landscaping, lighting,
sidewalks, shade trees, recreational facilities and public utilities
placed underground so as to conform with the applicable statutes,
ordinances and regulations of the State of New Jersey and the Township
of Elk.
E.
Who may apply. Application for master development
plan shall be filed by the landowner(s) or any other individual(s)
or bona fide organization(s) having a cognizable interest in all the
land to be included in the PUD.
In order to encourage greater variety and flexibility
in type, purpose, design and layout of buildings, and more efficient
use of land and of public services, as provided in this article and
N.J.S.A. 40:55D-38, lot sizes, dimensions, structure heights and locations
may be freely disposed and arranged in conformity to density standards
herein and to the conditions of the application for master development
plan approval and subsequent application of subdivision or site plan
approval for each section of any PUD approved by the Township Planning
Board.
A.
Intent. A PUD is intended to permit the development
of a balanced residential community with a range of densities with
housing affordable to low- and moderate-income households, recreational
facilities, community facilities, and support for commercial and employment
activity. Further, the intent in permitting a PUD is to encourage
the consolidation of residential and related development in that sector
of the Township where existing or anticipated roads and utility service
can best accommodate development.
B.
Permitted uses in PUDs. In any PUD, the following
use regulations shall apply. Permitted uses shall include:
(1)
Residential uses in planned unit developments.
(a)
Residential uses in a PUD shall be in accordance
with the following combinations of single-family detached units, duplex
units, and townhouse units:
[Amended 4-4-2002 by Ord. No. O-02-4]
(b)
Developers in the PUD Zone shall comply with
the provisions of this article and shall provide for set-asides for
low- and moderate-income units. Information pursuant to the applicant's
ability and intent to comply with the provisions of this article must
be submitted to the Planning Board in the form of a written report
prior to preliminary approval.
(2)
Retail uses and services.
(a)
Retail stores.
(b)
Restaurants.
(c)
Consumer service and personal service shops.
(d)
Banks.
(e)
Commercial recreation facilities, including
indoor theaters, golf driving ranges, bowling alleys, racquetball
courts, health clubs, and other similar uses.
(f)
Professional business and administrative, finance,
utility, insurance or government offices.
(g)
Medical clinics.
(h)
Any use of the same general character as any
of the above permitted uses.
(i)
Customary accessory uses to the above uses.
Accessory uses including off-street parking, cafeteria facilities
for employees and occupants, recreational facilities for employees
and occupants, garages to house delivery trucks or other commercial
vehicles, temporary construction trailers and one sign not exceeding
50 square feet for advertising the prime contractor, subcontractor(s),
architect, financing institutions and similar data for the period
of construction, beginning with the issuance of a building permit
or one year, whichever is less, provided that said trailer and sign
are on the site where construction is taking place and set back at
least 15 feet from the street to the lot lines
(3)
Other nonresidential uses.
(a)
Office and industrial use as permitted in the
M-1 District.
(b)
Laboratories for scientific, agriculture, or
industrial research and development which is not noxious or hazardous.
(c)
Light manufacturing, fabrication and processing
uses.
(d)
Bulk sales, warehouses, and flex space within
completely enclosed buildings.
(e)
Accessory uses, including off-street parking,
restaurant or cafeteria primarily for employees and occupants, indoor
and outdoor recreational facilities for employees and occupants, provided
that all such facilities shall be planned as an integral part of the
principal use development, storage within a completely enclosed area
or building with visual screening in conjunction with a permitted
use, temporary construction trailers and one sign not exceeding 50
square feet for advertising the prime contractor, subcontractor(s),
architect, financing institutions and similar data for the period
of construction, beginning with the issuance of a building permit
or one year, whichever is less, provided that said trailer and sign
are on the site where construction is taking place and set back at
least 15 feet from the street to the lot lines.
(f)
Institutional uses.
(g)
Public and private educational, cultural, religious
and recreational facilities and charitable institutions.
(h)
Social, fraternal, social service, union, and
civic organizations municipal facilities, including fire and police
stations, library and school.
(i)
Any similar public or quasi-public use.
C.
Area regulations for open space.
(1)
At least 35% of the gross acreage of the PUD shall be set aside for open space. Streets, necessary driveways, off-street parking, drainage basins and narrow turf of landscaped buffer areas normally associated with any of the dwelling units or clusters shall not be computed as part of the required open space. Not less than 50% of the total acreage of open space shall be usable, developable ground for the purpose of school sites, municipal uses sites, parks or other public purposes required to serve the population living in the PUD and acceptable to the Board. The following types of land shall not be calculated into the usable open space percentage: flood hazard areas, bodies of water, marshes, swamps, poorly drained areas, excessive sloped areas, other unstable/unsuitable soil areas and high-volume natural drainageways. In cases where common land and facilities are to be assigned to an ownership association, they must be unencumbered by mortgage or other debt. The area standards for open space are further described in § 96-55.
(2)
Required open space and recreation facilities.
(a)
Purpose. It is the general purpose and intent
of the open space and recreation requirements for PUDs within the
Township to protect and preserve the open space of the Township and
to further the public health, safety, and general welfare with the
following considerations:
[1]
To encourage a more efficient use of land and
public services, or private services in lieu thereof.
[2]
To provide for a continuous and integral open
space system.
[3]
To encourage more flexible land development
that will preserve and enhance natural resources, such as streams,
lakes, floodplains, groundwater, wooded areas and areas of importance
to the natural ecosystem.
[4]
To provide for the importance of both passive
and active recreation and that both serve legitimate municipal health,
safety and welfare purposes.
[5]
To provide that open space within PUDs shall
be planned and designed to achieve adequate recreation areas for the
needs of the development residents and owners.
[6]
To provide that common open space configuration
within a development may be evaluated in terms of inventories of natural
features of the site, recreation demand projections prepared by the
applicant, and a plan may be prepared indicating the general location
of common open space areas for natural preserves and for active recreational
purposes.
(b)
Open space.
[1]
Open space areas in residential sections of
PUDs shall be reserved in accordance with the requirements for the
individual residential sections.
[2]
The open space requirements may be waived only
when the enforcement of this requirement would prevent the construction
of low- and/or moderate-income housing.
D.
Area regulations for residential uses. The following
area regulations shall apply to residential sections of any PUD:
(1)
Minimum area for required open spaces. A minimum of
25% of each residential section shall be designated as usable open
space. The area standards for open space shall be as described above.
(2)
Maximum gross residential density. The maximum gross
residential density shall be 2.5 dwelling units per acre and shall
be based upon the land area of the entire PUD.
(3)
Density averaging and limitation thereon. In any PUD,
the applicant may apply for and may be granted the right to average
the maximum gross allowable density within and between residential
sections to create a variety of housing types and accommodations;
however, such averaging must be achieved within a single phase. The
allowable maximum densities shall be as set forth in this section.
E.
Residential density and design standards. To assure
provision for adequate light, air, and ventilation and to prevent
overcrowding, the following residential density and design standards
shall apply within residential sections in any PUD. For all residential
uses, any structure located on a corner lot shall be set back from
both streets the minimum distance required for the front yard setback.
(1)
Single-family detached dwellings.
(a)
Maximum density: 3.5 dwelling units per acre.
(b)
Maximum height: 2 1/2 stories or 35 feet
in height.
(c)
Minimum buildable lot size: 9,000 square feet.
(d)
Minimum front yard: 20 feet.
(f)
Minimum rear yard: 25 feet.
(g)
Minimum frontage: 70 feet at the setback line.
(h)
Impervious coverage limit: 45% per lot.
(2)
Townhouse dwellings. The Township of Elk is concerned
that a large number of attached housing units may result in housing
development which is inconsistent and incompatible within the same
neighborhood. Therefore, the following performance standards shall
be satisfied:
(a)
No one continuous structure shall exceed eight
townhouse units.
(b)
Maximum density: 8 units per acre.
(c)
Maximum height: 2 1/2 stories or 35 feet.
(e)
Impervious coverage limit: 70% of each lot.
(f)
Distance between buildings.
[1]
Seventy-five feet between the front of one building
and the front of another.
[2]
Fifty feet between the front of one building
and the back of another.
[3]
Forty feet between the side of one building
and either the front or back of another.
[4]
Thirty feet between the sides of two buildings
with a minimum side yard of 15 feet on the end unit.
[5]
Fifty feet between the rear of two buildings.
(g)
There shall be a fifty-foot setback from all
outbound property lines of the townhouse section area within a PUD.
(i)
No structure or dwelling shall directly abut
the rear of another such structure or structures on adjoining properties
unless screening is installed to provide privacy.
(j)
A minimum of 20 feet of frontage shall be maintained
for all townhouse dwelling units, except that 20% of the townhouses
may be less than 20 feet in width, but not less than 16 feet in width.
(k)
The front and rear of each building and open
space areas shall be landscaped.
(l)
All parking areas in multiple or attached dwelling
areas shall be adequately buffered from any adjacent single-family
properties.
(m)
Trash disposal and recycling areas shall be
enclosed. The enclosure shall be of a material the color and texture
of which is consistent with that of the principal buildings.
(n)
Conceptual architectural review by the approving
authority is required before preliminary approval. Review of the approving
authority shall be limited to the exterior appearance of the structure,
including rooflines, fenestration and siding. The review shall be
performed to assure that the architectural type and style is compatible
with neighboring uses. The intent of this requirement is not to influence
layout, bedroom mix or the general floor plan of any structure, but
rather to provide reasonable criteria by which specific proposals
for the PUD can be evaluated.
(o)
Pedestrian access shall also be provided to
the rear of all units.
(p)
Storage units for each dwelling unit shall be
designed by the developer as an integral part of each building or
privacy fence, if provided. Freestanding accessory storage units are
prohibited.
(q)
No additions to a dwelling unit are permitted
except those additions which have been made available by the developer
as optional features and which have been approved by the Elk Township
approving authority.
(r)
There shall be no more than two dwelling units
in any unbroken building line. A setback of not less than two feet
nor more than 10 feet shall be deemed a satisfactory break in the
building line. The developer shall provide balanced groupings of structures.
The particular groupings of the buildings shall be at the discretion
of the approving authority as determined by internal traffic patterns,
ingress and egress of emergency vehicles, aesthetic valuations and
other criteria.
(3)
Garden apartment dwellings. The Township of Elk is
concerned that a larger number of garden apartments may result in
housing development which is inconsistent and incompatible within
the same neighborhood. Therefore, the following performance standards
shall be satisfied:
(a)
Maximum density is 12 dwelling units per acre.
(b)
Maximum height shall not exceed three stories
or 35 feet in height, not including the elevator. No garden apartment
building shall exceed 200 feet in length and shall be limited to eight
units per building.
(c)
Apartment buildings shall be set back at least
50 feet from all property lines, external parking perimeters and streets
which separate an apartment complex from nonapartment areas. A thirty-five-foot
buffer screen shall be provided within this setback.
(e)
Minimum vegetation area. At least 30% of the
area devoted to apartment use shall be covered by vegetation.
(f)
Maximum impervious coverage. A maximum of 65%
of area devoted to apartment use may be covered by impervious coverage.
(g)
Review of the architectural appearance of the
garden apartment complex by the approving authority shall be required
prior to preliminary approval. Review of the approving authority shall
be limited to the exterior appearance of the complex. Each garden
apartment complex of dwelling units shall have a compatible architectural
style with variations in design to provide attractiveness to the development
which shall include consideration of landscaping techniques, building
orientation to the site and to other structures, topography, natural
features and individual dwelling unit design, such as varying unit
widths, staggering unit setbacks, providing different exterior materials,
changing rooflines and roof designs, altering building heights and
changing types of windows, shutters, doors, porches, colors and vertical
or horizontal orientation of the facades, singularly or in combination
of each dwelling unit. The intent of this requirement is not to influence
layout, bedroom mix or the general floor plan of any structure, but
rather to provide reasonable criteria by which specific proposals
for the PUD can be evaluated.
(h)
For garden apartment dwelling units, there shall
be provided at least one outdoor refuse storage area of at least 100
square feet for each 20 dwelling units. The refuse storage area shall
be suitably located and arranged for access and ease of collection
and shall not be part of, restrict or occupy any parking aisle and
shall not be located further than 300 feet from the entrance to any
garden apartment unit which it is intended to serve and shall be screened.
(i)
Each apartment unit shall have a storage space
having a minimum of 600 cubic feet.
(j)
Landscaping. Open spaces and garden apartment
buildings shall be landscaped.
(5)
Amendment of the Master Plan. Nothing in this article
shall be construed to prohibit the amendment of the master development
plan with approval of the Township Planning Board, provided that the
maximum gross residential density for the PUD is not exceeded in any
phase.
(6)
Affordable housing requirements. To comply with the
substantive rules and regulations of the New Jersey Council On Affordable
Housing (COAH) (N.J.A.C. 5:93-3 and 7-11), and to implement the Housing
Element and Fair Share Plan of Elk Township, all developers of a PUD
in agreement with this article shall provide a set-aside of 8% of
the total dwellings for low- and moderate-income housing. The following
regulations shall apply:[1]
(a)
Bedroom distribution. Developers shall devise
and provide for, within their development, a method which establishes
the following distribution of the number of bedrooms contained within
an inclusionary development.
(c)
Initial pricing.
[1]
The applicant shall provide that the initial
price of a low- and moderate-income owner-occupied housing unit be
established so that after a down payment of 10%, the monthly principal,
interest, taxes, insurance and homeowners' association fees do not
exceed 28% of an eligible household's gross monthly income.
[2]
The applicant shall provide that rents, excluding
utilities, be set so as not to exceed 30% of the gross monthly income
of the appropriate household size. Maximum rent shall be calculated
as a percentage of the uncapped Section 8 income limit or other recognized
standard adopted by the COAH that applied to the rental housing unit.
[3]
The following criteria shall be considered in
determining rents and sales prices:
[a]
Efficiency units shall be affordable
to one-person households;
[b]
One-bedroom units shall be affordable
to two-person households;
[c]
Two-bedroom units shall be affordable
to three-person households;
[d]
Three-bedroom units shall be affordable
to five-person households; and
[e]
Four-bedroom units shall be affordable
to seven-person households.
[4]
The applicant shall provide that rents, including
an allowance for utilities consistent with the personal benefit expense
allowance for utilities as defined by HUD or a similar allowance approved
by the COAH be set so as not to exceed 30% of the gross monthly income
of the appropriate household size as outlined above.
[5]
Housing units that satisfy the above criteria
shall be considered affordable.
[6]
Median income by household size shall be established
by the uncapped Section 8 income limits, published by HUD, as defined
in this article or other recognized standard adopted by the COAH.
(d)
For purposes of this article, "low-income unit"
and "moderate-income unit" shall comply with the definitions of "low-income
unit" and "moderate-income unit," respectively, as contained herein.
(e)
Low- and moderate-income units shall be dispersed
throughout the project to the greatest extent feasible. Low- and moderate-income
units shall be situated on the development tract in locations no less
desirable than the dwelling units within the development and shall
be at least equally accessible to common open spaces, community facilities
and shopping facilities as other market rate housing units. The facade
and type of unit of the low- and moderate-income units shall in no
way be distinguishable from the facades of the other units in the
development.
(f)
Any submitted development plan shall indicate
the number, unit plan and location of the low- and moderate-income
units within the development.
(g)
The applicant shall submit, with the application
for development, a narrative of the mechanism to be used to ensure
that the required affordable dwelling units are rented or sold only
to low- and moderate-income households and that such units will continue
to be occupied as low- and moderate-income for a period not less than
20 years. In addition to such description, actual samples of language
to be included in the nature of covenants shall be submitted for review
and approval. All covenants and deeds shall comply with the recapture
regulation of the COAH published in the 7/17/89 New Jersey Register
and with any form deed required by the COAH. The submitted description
shall indicate the entity or entities responsible for monitoring the
occupancy of the low-/moderate-income units and shall provide a detailed
discussion concerning resales, permitted increase in price, prequalification
of occupants and other relevant considerations. The applicant shall
indicate whether it will administer controls on initial occupancies,
contract with the New Jersey Housing Mortgage Finance Agency or with
a municipal agency or its designee. The same indication shall be made
for subsequent resales, provided that the seller of the resale unit
shall bear the cost of resale review and approval.
(h)
Final approval shall not be granted for any
residential section of any PUD unless the following phasing plan for
the construction and occupancy of required low- and moderate-income
units to market dwelling units have been adhered to in each individual
PUD.
|
Minimum Percentage of Low-
and Moderate-Income
Units Completed
|
Percentage of Market Housing Units Completed
| |
|---|---|---|
|
0
|
25
| |
|
10
|
25 + 1 unit
| |
|
50
|
50
| |
|
75
|
75
| |
|
100
|
100
|
(i)
Range of affordability.
[1]
Developers must provide housing within the average
price of low- and moderate-income units within an inclusionary development
which will be, as best as practicable, affordable to households at
57.5% of median income as contained in N.J.A.C. 5:92-14.2.
[2]
In devising a range of affordability for housing
as described above, developers shall provide, as best as practicable,
for the following distribution of prices for every 20 low- and moderate-income
units:
|
Pricing Stratification
| |||
|---|---|---|---|
|
Income Unit
|
Number of Units
|
Distribution of Price (percent)
| |
|
Low
|
1
|
40.0 to 42.5
| |
|
3
|
42.6 to 47.5
| ||
|
6
|
47.6 to 50.0
| ||
|
Moderate
|
1
|
50.01 to 57.5
| |
|
1
|
57.6 to 64.5
| ||
|
1
|
64.6 to 68.5
| ||
|
1
|
68.6 to 72.5
| ||
|
2
|
72.6 to 77.5
| ||
|
4
|
77.6 to 80/0
| ||
(j)
(Reserved)
(k)
Affirmative marketing program. The Township
of Elk shall have primary responsibility for developing and implementing
an affirmative marketing program that addresses the occupancy preference
requirements in N.J.A.C. 5:93-11. The Township will also be required
to market, screen, offer occupancy and select income-eligible households
accordingly. The developer is responsible for the administrative cost
associated with this program.
(l)
Upon development of 50% of Elk Township's low-
and moderate-income units as determined by the New Jersey Council
on Affordable Housing (COAH), a developer of a PUD may provide payments
to be placed in a fund for use by the Township to finance transfer
through a regional contribution agreement (RCA) in accordance with
the substantive and procedural rules of the COAH of the remaining
50% of the Township's fair share to another municipality within its
housing region by means of a contractual agreement into which the
two municipalities voluntarily enter. Any agreement between the developer
of a PUD and Elk Township Planning Board shall be through amendment
of the Housing Element of the Master Plan and Fair Share Plan of Elk
Township and also require approval by the COAH, the County Planning
Board or other county-designated agency in which the receiving municipality
is located and the New Jersey Housing Mortgage Finance Agency (HMFA).
Receipt of payments to the Elk Township fund to finance an RCA shall
be in agreement with the phasing schedule established in this article.
(m)
Upon development of 100% of Elk Township's low-
and moderate-income units as determined by the New Jersey Council
on Affordable Housing (COAH), a developer of a PUD may provide payments
to be placed in a fund for use by the Township for any of the following
purposes:
[1]
To finance a part or all of any of Elk Township's
program to rehabilitate low- and moderate-income units;
[2]
To fund a RCA or municipal construction of low-
and moderate-income units;
[3]
To address in whole or in part municipal costs
and expenses resulting from or associated with the development of
an inclusionary project as proposed under this article; or
[4]
To provide for Elk Township's fair share obligation
for subsequent six-year periods commencing in 1996 or thereafter.
(n)
Notwithstanding anything to the contrary, Elk
Township will not use the money in the fund for any purpose which
is not:
(o)
At least one half of all units devoted to low-
and moderate-income households within the inclusionary development
shall be affordable to low-income households. At least one half of
all units in each bedroom distribution and one half of all rental
units shall be available for low-income households. To the best extent
feasible, at least one half of all rehabilitated units shall be for
low-income households.
(p)
The Rules of the Council on Affordable Housing
(COAH) in regard to controls on affordability, which may be found
in N.J.A.C. 5:92-12, are set forth in their entirety and expended
to this article.[3] Included also in this appendix is the model entitled "Declaration
of Covenants, Conditions and Restrictions," which must be applied
to every low- and moderate-income sales unit to ensure affordability
for at least 20 years. In determining rents and sales prices, the
following criteria, as set forth in N.J.A.C. 5:93-9, shall be considered:
[1]
Efficiency units shall be affordable to one-person
households.
[2]
One-bedroom units shall be affordable to two-person
households.
[3]
Two-bedroom units shall be affordable to three-person
households.
[4]
Three-bedroom units shall be affordable to five-person
households, and
[5]
Four-bedroom units shall be affordable to seven-person
households.
[3]
Editor's Note: These appendices are on file
in the Township offices.
(q)
The Township may address up to 25% of its fair
share obligation, as calculated after credits and adjustments have
been granted, less any units transferred by way of a regional contribution
agreement (RCA) by creating age-restricted housing units and/or alternate
living arrangements. The unit of credit for alternate living arrangements
shall be the bedroom. Therefore, if two or more people share a bedroom,
the Township should receive credit for one unit against its fair share
obligation.
(r)
The Council on Affordable Housing (COAH) shall
determine the Township's ability to absorb its fair share obligation
through inclusionary developments. The COAH shall presumptively require
a 20% maximum set-aside and a minimum gross density of six units per
acre on vacant and developable sites. The COAH may modify this minimum
gross density based on factors, including but not limited to appraised
land values, improvement costs, site conditions and municipal subsidy
of project costs. The COAH may also modify this density when required
to satisfy the Township's present and perspective need or when the
Township and developer agree to a modification on a specific site
or when the COAH's minimum gross density policy conflicts with the
land use policies adopted within the Pinelands.
(s)
If any money from the fund is expended by Elk
Township for an unauthorized purpose as determined by a court of competent
jurisdiction, Elk Township will replenish the fund within 30 days
of such final determination. The repayment will be in accordance with
the terms of the court order. The use of the money will, thereafter,
be solely for a purpose authorized in accordance with this article.
F.
Supplemental residential design standards. The following
residential design standards shall apply in any planned unit development
(PUD):
(1)
Regard for natural features. All housing and supporting
uses shall be designed with regard to the topography and natural features
of the site. The effects of prevailing winds, seasonal temperatures
and hours of sunlight on the physical layout and form of the proposed
buildings shall be taken into account.
(2)
Siting of housing. All housing and supporting uses
shall be sited so as to enhance privacy for residential uses and ensure
natural light for all principal residential rooms.
(3)
Relationship to existing areas. Housing and supporting
uses near the periphery of the PUD shall be designed so as to be harmonious
with neighboring areas.
(4)
Relationship to community facilities. Housing shall
be conveniently served by community facilities.
(5)
Variations to setbacks. To create identity and interest
in the layout of housing on fronting streets, variations in setbacks
shall be encouraged.
(6)
Access. Routes for vehicular and pedestrian access
and parking areas shall be convenient without creating nuisances or
detracting from privacy.
G.
Area and design regulations for office/industrial
and retail and services uses.
(1)
All office/industrial and retail and service land
uses shall front on a major arterial highway, minor arterial highway,
major collector, minor collector, or local collector as identified
in Table 1, Roadway Classifications in Elk Township, of the Circulation
Element of the Master Plan of Elk Township.
(2)
Minimum area for office/industrial and retail and
service designated uses. A minimum of 10% of the developable land
as defined in this article of any PUD shall be occupied by industrial
or commercial uses. A minimum of 25% but no more than 35% shall be
retail and service uses as permitted and designed in accordance with
this chapter. The percentage of land dedicated to nonresidential uses
shall not exceed 35% of the total tract.
H.
Area regulations for institutional uses.
(1)
Minimum area for required open space. A minimum of
25% of each institutional area shall be designated as open space.
(2)
Maximum building height. The maximum building height
of any institutional structure shall not exceed 60 feet, not including
elevators or steeples.
(3)
Dedication of land. All lands dedicated for public
schools shall comply with N.J.A.C. 6:22-1.2 or subsequent regulation
of the New Jersey Department of Education setting forth the requirements
for land used in conjunction with the construction of school buildings.
I.
Retail and service design standards and objectives
(1)
The following design standards shall apply for retail
and service uses in any PUD:
(a)
Minimum lot area. The minimum lot size for development
shall be two acres.
(b)
Building coverage limit. Not more than 30% of
the area of any lot may be occupied by buildings. One building may
contain more than one use, provided that the total building coverage
of the combined uses does not exceed the maximum building coverage
specified.
(c)
Front yard. There shall be a front yard on any
street on which a lot abuts, which shall be not less than 100 feet
in depth from the right-of-way. Where the right-of-way depth on Route
55 exceeds 500 feet, the setback may be reduced to five feet from
the right-of-way, provided that the property owner agrees to maintain
the nonhighway portion within the right-of-way.
(d)
Side yards. There shall be a minimum side yard
of 25 feet from each side property line.
(e)
Rear yard. A rear yard of not less than 25 feet
shall be provided.
(f)
A minimum buffer area of 50 feet in width
shall be provided along any common property line with a residential
district or residential use.
(g)
Building height. Buildings and other structures
shall not exceed 45 feet and three stories in height.
(h)
Minimum frontage requirement. For each lot there
shall be a minimum frontage of 200 feet at the property line.
(i)
Impervious coverage limit. A maximum of 65%
of the area of a lot may be covered with impervious material. A retail
and service use may contain more than one principal building, provided
that the total building coverage specified is not exceeded and the
following building separation requirements are met:
[1]
All principal buildings shall be separated[4] by a minimum of 25 feet, provided that such separation
is to be used solely for pedestrian circulation; and
[4]
Editor's Note: The separation requirements
should not be construed to prohibit covered pedestrian walkways when
the roof or covering of such walkway extends between the principal
buildings.
[2]
All principal buildings shall be separated[5] by a minimum of 50 feet when such separation is to be
used for parking or vehicular circulation.
[5]
Editor's Note: The separation requirements
should not be construed to prohibit covered pedestrian walkways when
the roof or covering of such walkway extends between the principal
buildings.
(j)
Clearing limit. A maximum of 80% of a lot may
be cleared of vegetation for the purpose of constructing improvements.
(k)
Vegetated area. At least 35% of the lot area
must be covered by vegetation. All portions of the property not utilized
by buildings or paved surfaces shall be landscaped, utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of conifers
and/or deciduous trees native to the area in order to maintain or
reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planned for both aesthetic and drainage purposes.
The grading plan, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting, as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated from the site and contributing
upstream areas.
(l)
Curb cuts. Curb cuts shall be subject to applicable
Township, county and state standards and specifications.
(m)
At least the first 40 feet adjacent to any street
line and 10 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area or ground cover or
landscaped with evergreen shrubbery and separated from the parking
area by poured concrete or Belgian block curbing.
(n)
No merchandise, products, waste, equipment or
similar material or objects shall be displayed or stored outside.
(o)
All buildings, signs, walkways, lighting fixtures,
etc., shall be compatibly designed, whether constructed all at one
time or in stages over a period of time. All building walls facing
any street or residential use or district shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinderblock or concrete block walls.
(p)
Service areas. All service areas, loading docks,
trash receptacles, etc., whether located to the side or to the rear
of the building, shall be screened from public view by an evergreen
vegetative buffer, or a solid or louvered wooden fence may be used
where space is prohibitive.
(q)
Review and approval of architectural elevations
by the Elk Township Planning Board shall be required before final
approval.
(r)
Assuring that such designated areas form an
integral part of a well-considered plan to promote stability of commercial
development, to strengthen the economic base of the Township, to protect
the character of the planned unit development and its peculiar suitability
for particular uses, to conserve the value of land and buildings,
and to protect the Township's tax revenues.
J.
Office/industrial design standards and objectives.
(1)
The following office/industrial design standards and
objectives shall apply for office/industrial uses in any planned unit
development (PUD).
(a)
Lot area. The minimum planning area shall be
not less than five acres within which subdivisions of lots having
a minimum area of two acres may be permitted by the Planning Board.
(b)
Building coverage. Not more than 30% of the
lot area shall be covered by buildings.
(c)
Building distance. The distance between buildings
at the closest point shall be a minimum of 25 feet.
(d)
Height. No building shall exceed 60 feet and
five stories in height.
(e)
Impervious coverage limit. A maximum of 65%
of the area of a lot may be covered with impervious material.
(f)
Clearing limit. A maximum of 70% of a lot may
be cleared of vegetation for the purpose of constructing improvements.
(g)
Vegetated area. At least 35% of the area of
each lot must be covered by vegetation.
(h)
Minimum frontage requirement. For each lot there
shall be a minimum frontage at the property line of 100 feet and at
the building line of 150 feet.
(i)
Front yard and building setback. The standard
front yard and building setback shall be not less than 100 feet from
the right-of-way, with the following exceptions:
[1]
Where the right-of-way width on Route 55 exceeds
500 feet, the setback may be reduced to five feet from the right-of-way,
provided that the property owner agrees to maintain the nonhighway
portion within the right-of-way; and
[2]
Along county or municipal roads, the setback
may be reduced to 60 feet from the right-of-way, provided that parking
is not located in the front of the lot.
(j)
Building setback from district boundary. The
building setback from a district boundary shall be not less than 60
feet. Additionally, a minimum buffer area of 60 feet in width shall
be provided along any common property line with a residential district
or use.
(k)
Side yards. There shall be a minimum side yard
of 25 feet on the side of each building.
(l)
Rear yards. A rear yard of not less than 25
feet shall be provided.
(m)
No merchandise, products, waste, equipment or
similar material or objects shall be displayed or stored outside.
(n)
All buildings, signs, walkways, lighting fixtures,
etc., shall be compatibly designed, whether constructed all at one
time or in stages over a period of time. All building walls facing
any street or residential use or district shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinderblock or concrete block walls.
(o)
Service areas. All service areas, loading docks,
trash receptacles, etc., whether located to the side or to the rear
of the building, shall be screened from public view by an evergreen
vegetative buffer, or a solid or louvered wooden fence may be used
where space is prohibitive.
(p)
Review and approval of architectural elevations
by the Elk Township Planning Board shall be required before final
approval.
(q)
Assuring that such designated use areas form
an integral part of a well-considered plan to promote stability of
office/industrial and related development, to strengthen the economic
base of the Township, to protect the character of the PUD, to conserve
the value of land and buildings, and to protect the Township's tax
revenues.
K.
Institutional design standards.
(1)
The following institutional design standards shall
apply for institutional uses in any PUD:
(a)
Places of worship and charitable institutions.
The applicant shall demonstrate that the proposed use in the proposed
location in the PUD will not adversely affect the safe and comfortable
enjoyment or property rights of adjoining properties, that the property
proposed to be so occupied shall have a minimum lot area of one acre
and that no more than 25% of the land area be occupied by buildings
and structures, that adequate off-street parking be provided so that
no traffic hazards or congestion will be caused by the use, that the
design of any structures to be erected in connection with such uses
are in keeping with the general character of area, particularly any
adjoining residential area, and that sufficient landscaping including
trees, shrubs and lawn is provided to appropriately buffer said use
from any adjoining residential use or residential zone and to ensure
attractive appearance for the use.
(b)
Recreation areas and quasi-public buildings.
Recreation areas and quasi-public buildings and uses shall be permitted
as part of an institutional use of a PUD, provided that:
[1]
The PUD shall be accompanied by a statement
setting forth particulars on the proposed operation of the use.
[2]
The proposed use in the proposed location will
not adversely affect the safe and comfortable enjoyment of property
rights of adjacent properties, that the design of any structures erected
in connection with such use are in keeping with the general character
of the area, and that sufficient landscaping, including trees, shrubs
and lawn, are provided to serve and to ensure an attractive appearance
for the use.
[3]
That buildings will not occupy more than 25%
of the lot area, and that any structures or uses proposed will provide
a useful purpose to the general welfare of the PUD.
[4]
The off-street parking requirement standard
may be increased where necessary to provide sufficient parking for
the number of cars anticipated to utilize the proposed use.
[5]
Illumination for parking lots and night athletic
activities shall be shielded from illuminating adjoining streets and
residential areas.
(c)
Educational uses. Educational uses, including
public elementary or secondary schools, duly licensed by the State
of New Jersey, attendance at which is sufficient compliance with the
compulsory education requirements of the state, may be permitted at
a PUD, provided that:
[1]
The applicant shall submit a statement which
shall indicate the grade levels of the pupils to be housed in the
building or buildings, the planned pupil capacity of such building
or buildings and the contemplated eventual enrollment of the school.
[2]
In addition to parking in accordance with the
ordinances of Elk Township, off-street parking shall be provided to
ensure adequate space for buses or delivery vehicles. These requirements
may be increased if, in the judgment of the Planning Board, the unavailability
of bus service, the particular location or the relatively high percentage
of pupils driving or anticipated to be driving cars to school make
such increased requirements desirable.
[3]
All driveways which open onto a public street
shall be subject to applicable Township, county and state standards
and specifications.
[4]
Illumination for night athletic activities shall
be shielded from illuminating adjoining streets and residential areas.
[5]
Educational uses shall be screened from adjacent
residential uses or residential zones with buffering and screening
in accordance with standards of this chapter.
(d)
Other institutional uses. All other proposed
institutional uses proposed in a PUD shall be submitted with a statement
setting forth all particulars on the operation of the proposed use
providing assurance that the proposed institutional use is consistent
with the spirit, purpose and intent of the PUD; that the proposed
use will serve the best interest of the Township, the community and
the public welfare; that no building, structure or use of land shall
be located within 50 feet of an adjacent residential use or residential
zone; that adequate off-street parking be provided so that no traffic
hazards or congestion will be caused if the proposed institutional
use is developed; and that adequate and attractive landscaping and
fencing will be provided in order to provide buffer zones sufficient
to screen all adjacent residential properties or zones from the land
or premises which is utilized for an institutional use.
L.
Compatibility of institutional development. The applicant
shall assure the compatibility of institutional uses in the PUD by:
(1)
Providing institutional uses with appropriate space,
and in particular, sufficient depth from a street to satisfy the needs
of the development, including the need for off-street parking spaces
in areas to which a large proportion of visitor/members/employees
travel by automobile.
(2)
Protecting both institutional development and nearby
residences against congestion, particularly in areas where the established
uses are predominantly residential, by regulating the intensity of
institutional development, by restricting those types of establishments
that generate heavy traffic, and by providing for sufficient off-street
parking and loading facilities in accordance with provisions of this
article.
M.
Provisions of community facilities and services.
(1)
In any PUD, consideration shall be given to the provision
of such additional community facilities and services as will be necessary
to serve the residents and owners of structures proposed within the
PUD and shall be in accordance with generally accepted standards as
they apply to the following service agencies:
(2)
If such land was originally included in the calculation
of required open space, it cannot be used for other purposes unless:
N.
Design and performance standards.
(1)
Stormwater drainage. There shall be provided permanent
facilities which may be natural and/or man-made drainage channels
and retention or detention basins to handle the increased stormwater
runoff that may result from increasing the impervious area within
the PUD. The stormwater drainage facility shall be designed to the
satisfaction of the Township Engineer's criteria using soil conservation
service submission standards as a minimum.
(2)
Utilities. Utilities to be constructed within and
to serve a planned unit development (PUD) shall be underground.
(3)
Preservation of natural features. Special consideration
shall be given to the large preservation of natural features, including
large trees, groves, waterways, aquifer recharge areas, wetlands,
and scenic, paleontologic, archeological and historic sites and other
community assets within the PUD.
(4)
Landscaping. All portions of the PUD not to be covered
with buildings or other impermeable surfaces and not to be retained
in a natural state shall be landscaped. A landscaping plan shall be
provided for all PUDs. Landscaping shall be integrated into building
arrangement, topography, parking and buffering requirements. Landscaping
shall include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, and the use of building and paving materials in
an imaginative and aesthetic manner. All plant material shall be guaranteed
by the developer for two years. Landscaping regulations are as follows.
(a)
Natural topography and vegetation. The applicant
shall use natural topography and vegetation where possible. Large
parking areas are not to be stripped of vegetation without requiring
reseeding or replanting of all unpaved areas.
(b)
Saving of trees. Every attempt shall be made
by the applicant to save existing trees even at the loss of parking
spaces. Clumps of trees should be saved over single trees. Care should
be taken by the Planning Board to properly evaluate site clearing
proposals, recognizing that wild trees often do not survive when their
habitat is drastically altered. Where loss of trees is suggested,
replacement should be required.
(c)
Slopes. Slopes in excess of 3 to 1 shall be
avoided unless necessitated by unusual site limitations. All slopes
shall be stabilized in a manner acceptable to the Planning Board Engineer.
(d)
Parking areas in front of buildings. Parking
lots located in front of buildings shall be landscaped to separate
them from adjacent roadways.
(e)
Driveways. The areas adjacent to the driveways
shall be planted with low plants or grass. Appropriate low plants
include but are not limited to Butterfly Bush, Sargent Juniper, Inkberry,
Japanese Barberry or Shrubby Cinquefoil.
(f)
Other required landscaped areas.
[1]
Where a development plan indicates raised walkways
between opposing rows of cars, areas at the end of bays, or where
proposed or required by the Planning Board specific planting islands
are indicated, these areas shall be wide most desirable. All planting
islands should be raised and protected by permanent concrete curbing.
[2]
The applicant shall landscape 5% to 10% of the
parking areas provided.
(g)
Block end planting. In cases where lot and block
design results in undesirable sighting down rear property lines from
block ends, a landscape screen of evergreen trees not less than six
feet in height shall be provided as block ends by the developer. The
screen shall be a minimum of 30 feet in length and centered on the
rear property line. The screen shall not effect any sight triangle.
(h)
Natural setting. In proposing a landscape plan,
an applicant of a planned unit development (PUD) shall take care and
the Planning Board in reviewing shall require that a natural setting
consistent with prevailing community standards be preserved. Recognizing
that a major community asset lies in the preservation of the natural
condition of property, all efforts in the area of landscaping shall
be exercised to provide consistent landscaping proposals with existing
foliage.
(i)
Screen areas and buffers. Buffer areas and screening
shall be required as part of the PUD along all lot lines and street
lines which separate a nonresidential use from an area used for residential
purposes or zoned for residential use. Buffer areas shall also be
provided between residential buildings of different types. Buffer
areas shall be developed in an aesthetic manner for the primary purpose
of screening views and reducing noise perception beyond the street
lines. Buffer widths shall be measured horizontally and perpendicularly
to lot and street lines. No structure, activity, storage or materials,
or parking of vehicles shall be permitted in a buffer area. These
standards are intended to provide flexibility in order to provide
effective buffers and screens. The location and design of buffers
and screens shall consider the use of the portion of the property
being screened, the distance between the use and the adjoining property
line, differences in elevations, the composition, height, and width
of the buffer, and natural features. Buffers shall be designed, planted,
graded, landscaped and developed with the general guideline that the
closer a use or activity is to a property line, or the more intense
the use, the more effective the buffer area must be in obscuring the
light and vision and reducing noise beyond the lot. A buffer of 200
feet including suitable landscaping shall be provided along all existing
rights-of-way. Any entry road shall be landscaped and designed to
eliminate visual impact of any development to existing rights-of-way.
[Amended 4-4-2004 by Ord. No. O-02-4]
[1]
Buffer content and location.
[a]
Except as otherwise provided, buffers
shall be a minimum of 15 feet wide. Buffers shall be designed, planted,
graded, and landscaped to provide an aesthetically pleasing separation
of uses. In meeting this standard, the applicant may employ one or
more of the following:
[b]
If in the judgement of the approving
authority any of these alternate provisions will not provide sufficient
buffers for the portion of the site proposed, the approving authority
may require the PUD plan to be modified to show the extension of the
buffer area or require that the proposed alternatives be landscaped
differently or be relocated until they provide the desired buffering
effect.
[2]
Buffer material and natural foliage. All buffer
areas shall be planted and maintained with either grass or ground
cover, together with a screen of live shrubs or scattered planting
of live trees, shrubs, or other plants, in an integral part of all
development plans and be calculated as part of the required buffer
area provided the growth is of a density and the area has sufficient
width to serve the purpose of a buffer. Additional plantings may be
required by the approving authority to establish an appropriate tone
for an effective buffer.
[3]
Screening. Screening shall be provided with
buffer strips or as required elsewhere in this article so as to provide
a year-round visual or partial acoustical barrier to conceal the view
or sounds of various utilitarian operations and uses from the street
or adjacent properties. Screening shall be so placed that at maturity
it will not be closer than three feet from any street or property
line. All plants for screening shall be of a species common to the
area, be of balled and burlapped nursery stock, and be free of insects
and disease. Plants which do not live shall be replaced within one
year or one growing season. Buffered screen planting shall be broken
at points of vehicular and pedestrian ingress and egress to assure
a clear sight triangle at all street and driveway intersections. Screening
shall consist of the following materials:
[a]
Solid masonry. A solid masonry
wall not less than five to six feet above ground level.
[b]
Solid fencing. A solid fencing,
uniformly painted or of a naturally durable material such as cedar,
cypress, or redwood, not less then six feet above ground level and
open to the ground to a height of not more than four inches above
ground level.
[c]
Shrubbery. Low-type shrubbery screening
may be used in and around parking areas, roadways, or accessways where
sight distances for vehicular and pedestrian traffic are a prime consideration.
Shrubbery shall be a minimum of three feet high when planted and be
of such density as will obscure, throughout the full course of the
year, the glare of automobile headlights emitted from the premises.
All other shrubbery for screening shall be a minimum of five feet
high at the time of planting. Dense hedges of shrubbery planted at
a maximum of 30 inches on center may be used.
[d]
Trees. Trees for screening shall
be evergreens having a minimum height of eight feet above the ground
when planted. Trees shall be eight feet on center in a single row,
or eight feet on center in two or more staggered rows with a five-foot
separation between rows. Evergreens may be supplemented with deciduous
trees having a minimum height of eight feet at time of planting, with
a minimum caliper of 1 1/2 inches.
[4]
Street trees. For all PUDs devoid of major trees
along collector streets and along proposed roads and rights-of-way
where natural woods are not present and where, due to construction,
the entire right-of-way is cleared, the following provisions shall
apply:
[a]
Trees shall be planted along both
sides of all streets as approved by the approving authority.
[b]
Street trees shall be planted at
distances in accordance with the following interval schedule.
|
Tree Size at Maturity
(feet)
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees (40+)
|
50 to 70
| |
|
Medium-sized trees (30 to 40)
|
40 to 50
| |
|
Small trees (to 30)
|
30 to 40
|
[c]
When the spacing interval exceeds
40 feet, small ornamental trees can be spaced between the larger trees.
If a street canopy effect is desired, trees may be planted closer
together, following the recommendations of a certified landscaped
architect. The trees shall be planted so as not to interfere with
utilities, roadways, sidewalks, sight easements, or streetlights.
Tree location, landscaping design, and spacing plan shall be approved
by the approving authority as part of the landscape plan.
[d]
At intersections, trees shall not
be located closer than 30 feet from the intersection of the street
right-of-way lines, except when the standards increase the distance
for sight.
[e]
The caliper of the trees shall
be two inches measured 12 inches above the ground. The standing height
shall be a minimum of 10 feet. All trees shall be brought to the site
balled and burlapped or by other acceptable means, free from insects
and disease and true to species and variety.
[f]
Stripping trees or filling more
than six inches around trees shall not be permitted unless it can
be shown that construction requirements necessitate removal of trees,
in which case those lots shall be replanted with trees to reestablish
the tone of the area and to conform with adjacent lots.
[g]
Dead or dying trees which have
been transplanted by virtue of the requirements of this section shall
be replaced by the developer during the next recommended planting
season.
[h]
There shall be a minimum of three
deciduous shade trees, not including street trees, per lot for all
residential sections of the PUD where the site is devoid of trees
or at the discretion and recommendation of the approving authority
when adequate shade or canopy has not been provided naturally.
[i]
Street tree plans shall include
a planting schedule which describes the quantity, common name, botanical
name, size and comments for each species.
[j]
Ornamental trees need not have
straight trunks, but must conform in other respects with the provisions
for tree plantings as outlined.
[k]
Street tree plans shall include
graphic tree-planting detail which shall address the following:
[i]
The thinning of branches and foliage
by 1/3. The leader shall not be cut.
[ii]
The staking of a deciduous tree
by two stakes. The minimum size of stakes shall be two inches by three
inches.
[iii]
The support of a tree shall be
a double strand of No. 12 gauge wire. A tree shall be protected from
injury due to wire by a rubber hose or acceptable equal.
[iv]
A tree shall be mulched with three
inches of approved organic material.
[v]
A three-inch saucer shall be constructed
around the planting area.
[vi]
The top of the burlap shall be
untied and removed.
[vii]
The ball shall sit on compacted
soil.
[viii]
The diameter of the hole shall
be two feet larger than the diameter of the ball.
(5)
Erosion control.
(a)
Development and grading procedures shall be
carried out in such manner as to minimize erosion and sedimentation
of the natural drainage system within the planned unit development
and in conformance with Gloucester County Soil Conservation Service
regulations. Approval of an application for development for any project
by a Township officer or agency shall be conditioned upon certification
by the Soil Conservation District of a plan for soil erosion and sediment
control. No certificate of occupancy for a project shall be issued
by the Township unless there has been compliance with the provisions
of a certified plan for permanent measures to control soil erosion
and sediment control.
(b)
The development shall be designed and programmed
so as to minimize erosion, tree clearance and the destruction of natural
amenities.
(c)
Erosion control measures such as minimizing
the area of exposed soil, mulching, building silt catchment basins
and planting temporary ground cover shall be instituted as necessary
within the PUD.
(6)
Quality of development. Consideration shall be given
to the quality of all buildings, land uses, community facilities,
open space, street accessories and reacted landscaping.
(7)
Setbacks from streets (street classification as defined
in the Master Plan).
(8)
At a minimum, no portion of a building shall be located
within:
(9)
Setbacks from planned unit development (PUD) boundaries.
(a)
No structure shall be located within 50 feet
from any boundary line of a PUD, and an appropriate buffer consisting
of a substantial landscape screen shall be provided along all boundary
lines of the development where necessary to protect the privacy of
neighboring residential areas.
(10)
Street standards. Street standards shall be subject to applicable Township, county and state standards and specifications, including but not limited to the standards set forth in § 96-62 of this chapter.
(11)
Parking and loading. Parking and loading spaces
shall be provided in accordance with the regulations set forth in
this article. Additionally:
(a)
Common parking areas shall be screened from
adjacent residential structures, access roads and traffic arteries,
by hedges, dense planting, earth berms, changes in grade, walls or
any combination thereof. All parking areas shall be a minimum of 10
feet from all structures and streets.
(b)
No more than 30 parking spaces shall be provided
in any single area without being interrupted by a landscape divider
strip a minimum of five feet wide.
(c)
Parking areas shall be arranged so as to prevent
through traffic to other parking areas.
(d)
Signs. Signs shall be permitted subject to § 96-50, except as hereinafter provided. In any PUD in order to permit design flexibility and encourage a comprehensive system of signs within a development, the applicant may submit, as part of their application, a detailed description of all signs or types of signs to be constructed or permitted within the PUD and the substance of covenants, restrictions or other agreements proposed to regulate signs. If such a submission is made, this chapter shall apply as a general guideline. In reviewing the sign construction and regulation proposals included in the application, the Board shall consider appropriateness of design and the degree to which they are related to the architectural style of proposed buildings, as well as the degree to which such furnishings enhance the visual environment of natural open space and public ways.
(12)
Refuse stations.
(a)
Refuse stations must be designed and located
to be convenient for garbage removal and inoffensive to the occupants
of adjacent dwelling units.
(b)
Solid wastes from all uses other than single-family
or duplexes, if stored outdoors, shall be placed in metal receptacles
within screened refuse areas. The screened refuse area shall not be
located within any front yard area. The refuse area shall be surrounded
on three sides by a solid uniform fence or wall not less than five
feet nor more than eight feet in height. A five-foot minimum width
landscaping area shall be provided along the fence or wall enclosing
the refuse storage area. The landscaping to be provided shall be shown
on the plan submitted for the Planning Board approval. The opening
in the enclosed refuse area should be provided with a solid gate not
less than five feet in height to permit access to the refuse enclosure
and screening from adjoining properties and public streets. If located
within or adjacent to a parking area or access drive, the enclosed
refuse area shall be separated from such parking or access drive by
curbing. The enclosed refuse area shall not be located so as to interfere
with traffic circulation or the parking of vehicles. All refuse shall
be deposited in containers maintained within the refuse area. No containers
shall be maintained anywhere on a site except in a refuse area meeting
these requirements. If outdoor storage of solid waste is not proposed,
the site plan submission shall detail the methods proposed for accommodating
a suitable area be set aside, but not improved, for a future solid
waste storage area meeting these requirements, even if indoor accommodations
for solid waste are proposed.
(13)
Solid waste/recycling report.
(a)
In reviewing preliminary plans for a PUD, the
Planning Board shall take into consideration methods of addressing
the recycling goals of the Township.
(b)
Submission requirements. A recycling report
shall accompany all applications for a PUD addressing the means of
recycling for the proposed PUD, taking into consideration methods
of addressing the recycling goals of the Township. The recycling report
shall include the following:
(14)
Outdoor lighting.
(a)
Adequate lighting shall be provided for the
outdoor areas used by residents and owners of the development after
dark. Appropriate lighting fixtures shall be provided for walkways
and for identification of steps, ramps, directional changes and signs.
(b)
Lighting shall be located to avoid shining directly
into habitable room windows or into private outdoor open space that
is associated with dwelling units and to avoid interfering with vehicular
traffic.
(c)
Information to be submitted. The following shall
be submitted for review and approval with an application for a planned
unit development (PUD):
[1]
Lighting plan, showing existing and proposed
lights within 100 feet of the property area to be lighted, location
of all poles and luminaries, illumination levels using photometric
curve plotting or point-by-point grid showing footcandles of illumination
at each point.
[2]
Type of luminaries, including manufacturer's
data.
[3]
Type and wattage of lamp, including manufacturer's
data.
[4]
Mounting height of luminaire.
[5]
Type of pole and manufacturer's data.
[6]
Pole base and foundation design and details.
(15)
Open space. In the designation of common space
areas, consideration shall be given to providing for the continuity
of open space between sections of and within a PUD. Natural waterways
and certain easements can be utilized for providing continuity of
open space.
(16)
Utilities. Adequacy of provisions of water and
sewer facilities shall be evaluated pursuant to this section. Adequacy
of provision of facilities for solid waste disposal shall be evaluated
with regard to the method of collection and disposal and the location
and expected life cycle, if calculable, of the disposal facilities.
(17)
On-tract and off-tract improvements.
(a)
For the purposes of this section, "off-tract"
means not located on the property which is the subject of a planned
unit development application, nor on a contiguous portion of a street
or right-of-way.
(b)
For the purposes of this section, "on-tract"
means located on the property which is the subject of a PUD application
or on a contiguous portion of a street or right-of-way.
(c)
Before construction of any building for use
or occupancy by any person begins within a finally approved section
of a PUD, all on-tract and off-tract improvements, including public
water, sewer and drainage systems, the need for which was created
by the proposed PUD, shall be built and completed, or their completion
prior to such use and occupancy shall have been guaranteed as provided
in this article, or satisfactory agreements entered into for guaranties
on a staged basis as development proceeds.
(d)
Cost of the improvements. The applicant for
approval shall bear that portion of the cost of all required off-tract
improvements which bear a rational relationship to the need created
by, and benefits conferred upon, the PUD.
(18)
Off-tract improvements.
(a)
At the time application for master development
plan approval for a PUD is made and again upon application for site
and/or subdivision approval, the applicant shall provide the Township
Planning Board with an estimate of the types and costs of off-tract
improvements determined necessary by the Township Planning Board and
the amount by which properties, including the PUD, benefit thereby.
(b)
Such estimate at the time of application for
final approval shall include detailed supportive data, which shall
include but not necessarily be limited to:
[1]
The total cost of improvement;
[2]
The estimated value of the benefit to the applicant;
[3]
The estimated value of the benefits conferred
upon others in terms of reasonable likelihood of the use;
[4]
The time when such benefits are likely to be
conferred;
[5]
The reasonable, useful life of the off-tract
improvements; and
[6]
The inflation or all significant changes in
the cost of construction.
(c)
Such estimate at the time of application for
master development plan approval shall be applicant's best estimates
for each of the six above factors, together with their basis therefor.
(d)
The Township Planning Board shall forward the
supportive data to the Township Committee for a decision as to whether
the off-tract improvements or any combinations of them are to be constructed
by the municipality as a general improvement, or whether construction
is to be done by the developer with a formula providing for partial
reimbursement to the developer by other property owners, where the
improvements specially benefit properties other than the planned unit
development (PUD).
(e)
As a condition for approval of any section of
a PUD, the applicant shall provide the Township with a cash deposit,
or as an alternative, a performance guaranty as provided below in
the following amounts:
[1]
An amount equal to the difference between the
estimated cost of the improvement and the estimated total amount by
which all property to be served thereby, including the PUD property,
will be specially benefitted by the improvement, if the improvement
is to be constructed by the municipality as a general improvement;
[2]
The estimated amount by which the PUD specially
benefits from the improvements, in addition to the amount required
for a general improvement; and
[3]
An amount equal to the estimated cost of the
improvement, if the improvement is to be constructed by the applicant.
(f)
If such off-tract improvements or any combination
of them are to be constructed by the applicant, the applicants shall
bear the cost of all such improvements and shall be reimbursed by
such specially benefitted property owners if and when any such off-tract
improvements are used in the development of off-tract parcels. The
Township Committee may assess or lien the pro rata cost of such off-tract
improvements upon other specially benefitted owner or owners use of
the off-tract improvements in the development of off-tract parcels.
(g)
Actual cost figures, rather than estimated costs,
shall be used for making such allocations once the improvements are
constructed. The cost figures shall be supplied by the applicant and
certified by a New Jersey certified public accountant after audit.
These costs are to be reviewed by the Planning Board Engineer. Approval
of planned unit developments (PUD), major subdivision, or site development
plans involving the use of such off-tract improvements by other specially
benefitted property owners outside this PUD shall be conditioned upon
payment of the pro rata share of the value as so determined, to the
applicant, in the same manner as above.
O.
Procedures and regulations for open space. In order
to secure proper open space in any PUD, the following procedures and
regulations shall apply:
(1)
Intent. Open space within all PUDs shall be planned
and designed to achieve the Township goal of ensuring that adequate
recreation areas are set aside in suitable locations to provide for
the recreation needs of the residents and owners of the PUD and that
those portions of the Township that, because of their natural features,
constitute important visual amenities and environmental resources
are maintained in accordance with sound conservation practice.
(2)
Standards for the distribution and area of open space.
Open space within a PUD should be designed according to the following
standards:
(a)
Open space areas resulting from development
of a PUD shall weave between structures generally respecting a minimum
width of 50 feet and periodically widening out into significant and
usable recreation areas. The configuration of the open space areas
should be arranged so that connections can be made to existing or
future adjacent open spaces and other community facilities.
(b)
The developer may be required to plant trees
or other similar landscaping improvements. Said improvements may include
removal of dead or diseased growth, thinning of trees or other growth
to encourage more desirable growth, removal of trees in areas planned
for active recreational facilities, grading and seeding and improvements
or protection of the natural drainage system by the use of protective
structures, stabilization measures and similar improvements.
(c)
Portions of the open space should be developed
to afford both passive and active recreational opportunities. Passive
recreational activities may include but are not limited to pedestrian
paths, sitting areas and naturally preserved areas. Active recreational
areas may include but are not limited to such facilities as swimming
pools, tennis courts, bicycle paths, and playfields, but should be
carefully located to avoid problems of noise, lights and similar nuisance
elements affecting residential units. They shall be located not less
than 50 feet from any boundary line, exclusive of buffers.
(d)
Every open space parcel so set aside shall be
conveyed by deed at the time final subdivision or site plan approval
is granted.
(3)
Open spaces for all types should be located:
(a)
Contiguously wherever possible;
(b)
To preserve the natural features of the site;
(c)
To provide both usable and other open space
within easy access and walking distance of all residents and users
of the development; and
(d)
To take advantage of the natural features of
the site and provide recreational amenities that complement the site's
characteristics; the applicant, when submitting plans, will designate
on the plans where the nature and recreation spaces will be located.
(4)
Dedication of open space. The Township may, at any
time and from time to time, accept the dedication of land or any interest
therein for public use and maintenance, but it shall not be required,
as a condition of PUD, that land for open space be dedicated to public
use. As provided for in N.J.S.A. 40:55D-43, the applicant shall provide
for and establish an organization for the ownership and maintenance
of any common open space, and such organization shall not be dissolved,
nor shall it dispose of any common open space, by sale or otherwise
(except to an organization conceived and established to own and maintain
the common open space), without first offering to dedicate the same
to the governing body or any other governmental agency as designated
by the Township for agency then having jurisdiction. Any open space
offered to the governing body shall be subject to review by the Planning
Board, which shall be guided by the Master Plan, the ability to assemble
and relate such lands to an overall plan, the accessibility and potential
utility of such lands and such existing features as topography, soils,
wetlands and tree cover, as these features may enhance or detract
from the intended use of the lands. The Planning Board may request
an opinion from other public agencies or individuals as to the advisability
of accepting any lands to be offered.
(5)
Schedule of required recreational facilities.
(a)
The applicant shall install the following minimum
facilities in relationship to the number of proposed units.
|
Dwelling
Units
|
Tot
Lots
|
Basket-ball
Courts
|
Tennis
Courts
|
Multi-purpose Fields
| |
|---|---|---|---|---|---|
|
1 to 25
|
1
| ||||
|
26 to 100
|
1
|
1
|
1
| ||
|
101 to 150
|
1
|
1
|
1
|
1
| |
|
151 to 250
|
2
|
2
|
1
|
1
| |
|
251 to 300
|
3
|
2
|
1
|
1
| |
|
301 to 350
|
3
|
3
|
2
|
1
| |
|
351 to 450
|
4
|
3
|
2
|
2
| |
|
451 to 500
|
51
|
32
|
33
|
24
| |
|
NOTES: 1Plus one
for every 100 units or fraction thereof over 500.
| |||||
|
2Plus one for every
200 units or fraction thereof over 500.
| |||||
|
3Plus one for every
125 units or fraction thereof over 500.
| |||||
|
4Plus one for every
200 units or fraction thereof over 500.
| |||||
(b)
All park and playground equipment specifications
must be approved by the Township Engineer and the Construction Official.
(c)
Each tot lot shall be a minimum size of 60 feet
by 60 feet and shall contain the following minimum improvements:
[1]
A minimum four-foot-high chain link fence surrounding
the entire tot lot with a minimum of one opening for access.
[2]
Two benches with a minimum length of six feet.
[3]
Four rubber swings seats and two tot swings.
[4]
One jungle gym with a minimum ground space of
seven-feet diameter.
[5]
A minimum of six inches of sand, or an approved
similar material, is required beneath each piece of equipment.
(d)
Each basketball court shall be 50 feet by 84
feet and shall contain the following minimum improvements:
(e)
Each tennis court shall be 60 feet by 120 feet
and contain the following minimum requirements:
[1]
The courts shall be surrounded with twelve-foot-high
chain link fence and buffer plantings as recommended by the Township
Planner.
[2]
One bench per court a minimum of eight feet
in length.
[3]
The courts must be paved and coated with a colored
sealer. Both paving and sealer specification must be approved by the
Township Engineer prior to construction.
(f)
Multipurpose fields shall be a minimum of 300
feet by 600 feet and shall contain the following minimum requirements:
[1]
The entire area of the multipurpose field, excluding
a baseball diamond, shall have a uniform lawn surface.
[2]
The locations of two backstops and four player
benches shall be specified by the approving authority.
[3]
A minimum of two sets of spectator bleachers
with a minimum of four rows per set and a minimum length of 12 feet
per set.
(g)
A lighting plan shall be submitted for review
by the approving authority for all required recreational uses in this
section.
(h)
A parking plan and bicycle rack detail shall
be submitted for review by the approving authority for all required
recreational uses in this section.
(i)
In lieu of construction of the active recreation
required, the applicant may elect, with approval from the appropriate
authority, to contribute $2,500 per unit to a recreation trust fund
maintained by the Township specifically for the purpose of purchasing,
leasing and/or maintaining active recreation and open space. Contribution
shall be paid as follows: one half at the time of final approval and
the balance per unit with payment for issuance of each building permit.
All open space lands must be provided regardless of contribution.
[Amended 8-4-2005 by Ord. No. O-2005-9]
(j)
Failure to maintain common open space; remedies.
[1]
In any event that the organization established
to own and maintain common open space, or any successor organization,
shall at any time after establishment of the planned unit development
(PUD) fail to maintain the common open space in reasonable order and
condition in accordance with the plan, the Township may serve written
notice upon such organization or upon the residents and owners of
the PUD 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 remedied 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 Township 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 remedied within
30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the PUD 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 Township shall, upon its initiative or upon the request
of the organization therefor responsible for the maintenance of the
common open space, call for a public hearing upon notice to such organization,
or to the residents and owners of the PUD shall show cause why such
maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If the Township Committee shall determine
that such organization is not ready and able to maintain said common
open space in a reasonable condition, the Township may, at its discretion,
continue to maintain said common open space during the next succeeding
year and subject to similar hearing and determination in each year
thereafter. The decision of the Township Committee in any such case
shall constitute a final administrative decision subject to judicial
review.
[2]
The cost of such maintenance by the Township
shall be assessed ratably against the properties within the planned
unit development that have a right of enjoyment of the common space
and shall become an assessment and lien on said properties. The Township
Committee, pursuant to N.J.S.A. 40:55D-43, 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 PUD.
P.
Development staging.
(1)
The implementation of a PUD shall be in stages and
phases, wherein the land owner(s)/applicant(s) shall furnish a proposed
phasing and staging schedule identifying the minimum percentage of
the office/industrial and retail and service uses to be developed
by the completion of 25% of the residential uses to be developed;
by the completion of 50% of the residential uses to be completed;
by completion of 75% of the residential uses to be completed; and
by completion of 100% of the residential units to be completed. At
a minimum, 50% of all office/industrial and retail and service use
to be developed shall be completed by completion of 80% of the residential
development in the PUD.
(2)
The proposed staging and phasing charts shall be subject
to the approval of the Township Planning Board prior to implementation
and shall be binding upon the developer(s).
(3)
The proposed staging and phasing charts will be judged
in accordance with the following:
(4)
Before permits will be issued for uses projected under
the second phase, units in the first phase must be 50% completed.
Before permits will be issued for uses projected under the third phase,
units in the first stage must be 75% completed and the second phase
is 50%. This pattern shall continue for the duration of the stages
approved by the Township Planning Board.
A.
General application procedures.
(1)
Sketch plan submission. Applicants shall file an application
for a planned unit development (PUD) with 20 copies of a sketch plan
of the proposed development for purposes of informal discussion, shall
pay a fee of $200 and shall deposit $1,000, which shall be nonrefundable
to cover costs, together with a signed statement that the applicant
agrees to pay all reasonable costs above $1,000, if any, for professional
review of the plan and for inspection of site if necessary. The Planning
Board Secretary shall process the application and shall issue an application
number. Once an application has been assigned a number, such number
shall appear on all papers, maps, plats and other documents submitted
for processing in conjunction with the PUD.
B.
Formal application.
(1)
The applicant shall submit a plan for master development
plan approval, subject to public hearing by the Township Planning
Board. Twenty-five copies shall be submitted.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(2)
There shall be a fee of $1,000, which shall be nonrefundable
and in addition to the escrows set forth in the following subsection.
(3)
At the time of submission each applicant shall deposit,
in cash or by certified check, with the Planning Board Secretary a
sum of $1,500 and an additional $20 for each proposed dwelling unit,
as well as $75 for every acre of proposed nonresidential land use.
The final sum is to be placed in escrow by the Township to cover the
cost of professional services and review, including engineering and
legal or other incidental expenses connected with the processing,
reviewing and checking of all materials. Each applicant who shall
submit a plan for preliminary approval shall agree, in writing, to
pay all reasonable costs for professional review of said site plan
and for inspection of improvements required by the Township. Sums
not utilized in review and inspection processes shall be returned
to the applicant. If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the escrow. Any sum remaining shall be returned to the
applicant. No preliminary approval shall be granted unless all required
fees and escrows have been paid.
(4)
Timing of application and filing date. The application
shall be made at least one month before the regularly scheduled meeting
of the Township Planning Board at which the application will be considered.
The date of said regular meeting following such proper submission
shall be the date of the application in accordance with this article.
C.
Submission of development sketch plan.
(1)
Distribution of copies. Upon receipt of the PUD sketch
plan, the Planning Board Secretary shall distribute copies of the
plan as follows:
D.
Development sketch plan contents. The development sketch plan shall be prepared under the supervision of an appropriate licensed professional and shall contain information concerning the matters enumerated in Subsection E below that is sufficient to enable the PUD committee to determine informally whether the proposal is capable of qualifying for master development plan approval if carried forth as set out in the development sketch plan.
(1)
Planned unit development (PUD) committee.
(a)
Intent. The intent of a PUD committee is to
provide an opportunity for the applicant to appear before the committee
in an informal manner, to make presentation and, through discussion
with the committee, learn of the committee's expectations.
(b)
Members of the PUD committee. The members of
the PUD committee shall be appointed by the Mayor, pursuant to N.J.S.A.
40:55D-27.
(c)
Meeting of PUD committee. A PUD committee meeting
will be scheduled within 30 days of filing a sketch plan and application.
(d)
Recommendations to Township Planning Board.
The PUD committee shall review the sketch plan and discuss the proposed
plan as it relates to:
(e)
Informal determination by the planned unit development
(PUD) committee. The PUD committee's informal determination shall
in no case prevent the applicant from proceeding to apply for master
development plans at any time during or after the PUD committee's
informal review of the development sketch plan.
E.
Application for master development plan approval.
The procedures and approvals provided herein for master development
plan approval of a plan for a PUD and applications for such master
development plan shall constitute formal approval of the character
and scale of the PUD. The approval shall specify the timing or staging
of development; the number of acres to be devoted to each section
of development; and the maximum density to be permitted in each residential
section. Approval of this plan does not constitute subdivision or
site plan approval for each section of the development. The formal
approval of the master development plan shall be binding for such
period as shall be determined by the Township Planning Board, and
afterwards, shall not be amended without formal approval of the Township
Planning Board.
F.
Distribution of copies. Upon receipt of the application
for master development plan approval of the PUD plan, the Planning
Board Secretary shall distribute:
(1)
One copy to the State Planning Commission;
(2)
One copy to the Gloucester County Planning Board;
(3)
One copy retained for Township files;
(4)
Fifteen copies to the Township Planning Board;
(5)
One copy to the Township Engineer;
(6)
One copy to the Planning Board Planner;
(7)
One copy to the governing body of any municipality
within 200 feet;
(8)
One copy to the Planning Board Solicitor;
(9)
One copy to the Township Zoning Officer;
(10)
One copy to the Township Construction Official;
(11)
One copy to each school board;
(12)
One copy to the Elk Township Municipal Utility
Authority;
(13)
As may be deemed necessary for the purpose of
review and comment, one copy to any governmental agency, board, committee
or person; and
(14)
Any remaining copies shall be retained by the
Planning Board Secretary.
G.
Contents of the master development plan. All data
sources shall be precisely cited (including source, dates, pates)
and shall be publicly available.
(1)
A brief written statement generally describing the
proposal, together with a statement by the applicant of the major
planning assumptions and objectives of the proposed planned unit development
(PUD), including development concepts and relationship of the proposed
PUD to adjacent properties.
(2)
A fiscal impact analysis providing projected population
of the PUD, including the projected population of school-age children
(ages five to 18) likely to result from the PUD, the anticipated cost
of providing municipal and school services to the development, as
well as anticipated revenues.
(3)
A traffic plan providing a description of vehicular
traffic generation characteristics of the proposed development, including
estimates of the peak traffic loads that will be introduced into existing
and proposed roads as a result of the development. This shall include
substantiation of the capability of the road system in the vicinity
of the development to accommodate the additional traffic, with proposed
methods of road improvements that may be necessary to permit the development
without unduly burdening the traffic circulation system. (The Planning
Board may require that at no time will "Level of Service D" be exceeded
and may withhold building permits until such time as improvements
are implemented to return to a "Level of Service D" or better.) The
traffic plan shall be prepared by a traffic engineer.
(4)
Utility plan. The method(s) of providing proposed
utilities and the feasibility of the proposal for disposition of sanitary
and solid wastes, storm drainage and the provision of water supply.
Information shall include generalized plans for service of the entire
development by public sewer and water and a general stormwater management
plan; detailed engineering drawings and drainage calculations will
be required at the submission of subsequent site plan and subdivisions
plans. The utility plan shall be prepared by a professional engineer
licensed by the State of New Jersey.
(5)
Market feasibility. A general summary of market feasibility
studies conducted to determine the distribution and timing of the
proposed land use program.
(6)
Scheduling. In the case of plans that call for development of a PUD over a period of years, a schedule showing the proposed order of development in accordance with the requirements of § 96-88P above.
(7)
Environmental impact statement (EIS). The EIS shall
provide an analysis of the geologic subsurface condition, the soil
type, floodplains and wetlands, waterways, aquifers, general vegetation,
and wildlife species known to exist on or above the land and contained
within the planned unit development (PUD) site; as well as species
that are known to exist within water and wetlands contained within
the PUD site. The EIS shall also identify any sites or structures
of historic significance located on the site of the PUD. The EIS shall
review the impact of the proposed PUD on these environmental features
and shall list measures which may be taken to ameliorate the impact
of the development. The EIS shall be prepared by an appropriate licensed
professional.
(8)
A schematic land use plan, which shall include:
(a)
The general character of development proposed
for each section.
(b)
A key map showing the PUD in relation to the
surrounding area and the names, addresses, lot and block numbers of
all adjacent property owners within 200 feet of the boundary lines,
as recorded in the latest records of the Township Tax Assessor.
(c)
The underlying and adjacent zoning districts.
(d)
The right-of-way and cartway widths and locations
of all existing and proposed streets within the PUD and up to 300
feet from the PUD.
(e)
All existing and proposed rail rights-of-way.
(f)
The existing contours within the PUD based on
the latest available U.S.G.S. Quadrangle Maps and shown at not more
than ten-foot intervals.
(g)
The total acreage of the entire PUD and of each
section of the development shown at the nearest tenth of an acre.
(h)
The proposed number of dwelling units to be
constructed in each residential section.
(i)
The proposed gross square feet of nonresidential
floor area to be constructed in each nonresidential section.
(j)
Common open space. The total amount of common
open space and the approximate location of not less than 75% of the
required common open space within the planned unit development (PUD)
and the form(s) or organization proposed to own and maintain common
open space.
(k)
The substance of covenants, easements, restrictions
or other agreements proposed to burden or benefit the use of the land,
buildings and structures, including all easements, rights-of-way and
open space to be granted or dedicated for public use, in the form
of a written statement.
(l)
A written statement by the landowner or any
other entity having a cognizable interest in the land, setting forth
the reasons why, in their opinion, a PUD would be in the public interest
and would be consistent with guidelines of the Township Master Plan,
and the Township statement of objectives for PUD as set forth in this
article.
(m)
Community impact. An analysis of the projected
population, estimated employee potential and usable gross floor area
of commercial and industrial uses, and estimated costs of improvements
expected to be generated by or for the development. This shall include
an analysis and description of the type, location and cost of public
facilities, including schools, on-tract, on-site, off-site and off-tract
improvements and services, the need for which is created by the proposed
PUD.
(n)
General landscaping and lighting. A single plan
or multiple plans as necessary, which illustrates both lighting and
landscaping along major roadways, entranceways and between uses must
be submitted. The landscaping plans must contain a planting schedule,
performance guaranties, general notes and details, and assurances
that plantings which die within one year shall be replaced. Lighting
details shall be shown and isolux lines to the 0.25 footcandle limit
shall be illustrated on the plan.
(o)
Stormwater management plan. A general stormwater
management plan shall be submitted for review by the Township Engineer.
The minimum submission shall be a duplicate of what is being submitted
to the Soil Conservation District. The Township Engineer may require
additional information to document the PUDs availability to accommodate
runoff.
(p)
Affordable housing obligation. Each planned
unit development (PUD) shall be required to comply with the affordable
housing provisions of the Master Plan Housing Element. Each application
shall include:
[1]
A written plan describing in detail the manner
by which the applicant proposed to comply with its affordable housing
obligation;
[2]
A phasing schedule;
[3]
A schedule of low-and moderate-income units
estimated to be produced by income strata, bedroom size, and age restriction;
[4]
An affirmative marketing plan; and
(q)
Off-site improvement plan. A detailed plan of
all existing and proposed off-site improvements must be submitted
for review. At a minimum, the plan shall include information on the
size, type, slope and coverage of all proposed pipes and utilities.
Roadway improvement details, including signalization and sidewalks,
must also be provided.
(r)
Application form. The application for master
development plan approval shall be in the form of a petition by the
applicant and landowner(s) to the Township Planning Board, and shall
consist of a written statement(s) and plans, prepared at a scale of
not less than one inch equals 400 feet and certified by an appropriately
licensed professional.
H.
Public hearing.
(1)
Within 65 days of filing of the completed application
for master development plan approval of a PUD plan, a public hearing
on the completed application shall be held by the Planning Board.
(2)
Upon the setting by the Board of a date, time and
place for a public hearing on the preliminary plan, the applicant
shall personally serve, by registered or certified mail, return mail,
return receipt requested, notice of the hearing on the preliminary
plan application at least 10 days prior thereto to the adjoining property
owners and property owners directly across the street(s) from the
property involved and all other property owners within 200 feet of
the extreme limits of the property involved, each name as it appears
on the Township tax records.
(3)
The notice of the hearing shall state the time and
place of the hearing, contain a brief description of the property
involved, a statement as to its location, a list of 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 in the office of the Township Clerk
and made available at such office for public inspection.
(4)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the Township at least
10 days prior to the hearing.
(5)
The applicant shall submit affidavits prior to the
hearing stating that he or she has notified all such property owners
as above required and that a notice of the hearing was properly published.
(6)
If the lands covered by the master development plan
lie within 200 feet of a Township boundary or abut a state highway
or county road, a copy of the plan notice of the hearing shall be
sent by the applicant to the clerk of the adjoining municipality,
and a copy of the notice shall be sent to the Commissioner of the
Department of Transportation in the case of a state highway, and to
the County Planning Board in the case of a county road, all such notices
to be sent by registered or certified mail at least 10 days prior
to the hearing. Said notice shall contain a brief description of the
property involved, its location and a concise statement of matters
to be heard. Any communications received prior to or at the hearing
will be considered in relation to the approval or disapproval of the
plan.
(7)
Notice shall be given by personal service or certified
mail to the State Planning Office. The notice shall include a copy
of any maps or documents required to be on file with the Municipal
Clerk pursuant to N.J.S.A. 40:55D-10.
I.
Filing of reports. Not less than five days prior to
the public hearing, any reports prepared by the Gloucester County
Planning Board, the Township Engineer, the Township Solicitor, the
school board, the Municipal Utilities Authority serving the area,
or the governing bodies of adjacent municipalities shall be made available
for public inspection during regular business hours.
J.
Testimony at the public hearing.
(1)
At the public hearing, the Chairperson or, in his
or her absence, the Acting Chairperson, of the Township Planning Board
may administer oaths and compel the attendance of all witnesses. All
testimony by witnesses at any hearing shall be given under oath, and
every party of record at a hearing shall have the right to cross examine
adverse witnesses.
(2)
At the public hearing all parties having an interest
herein shall be given opportunity to be heard.
K.
Hearing transcript. The Planning Board shall provide
for the verbatim reporting of the proceeding by either stenographer,
mechanical or electronic means. The Planning Board shall furnish a
transcript, or duplicate recording in lieu thereof, on request to
any interested party at his expense. In the event that a transcript
is provided, the Planning Board may require a deposit upon an estimate
of costs submitted to the Planning Board by the transcriber. The charge
to the interested party shall not exceed the maximum permitted by
N.J.S.A. 2A:11-15.[2]
[2]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 119, § 4, effective 4-25-1991.
L.
Continuation of hearing. The Planning Board may continue
the hearing from time to time; provided, however, that in any event,
the public hearing(s) shall be concluded within 95 days from the date
of filing (or acceptance) of the completed application unless the
applicant shall consent, in writing, to an extension of time.
M.
Hearing resolution.
(1)
The Township Planning Board, within 95 days following
the filing (or acceptance) of a completed application, unless an extension
is consented to by the applicant, in writing, shall either:
(a)
Grant approval of the master development plan as submitted, with the condition that subdivision or site plan approval be required for each section of the planned unit development (PUD) prior to actual development of each section, subject to Article VI of this chapter;
(b)
Grant approval of the master development plan, subject to specified conditions not included in the plan as submitted, with the additional condition that subdivision or site plan approval be required for each section of the PUD prior to actual development of each section, subject to Article VI of this chapter; or
(c)
Deny master development plan approval.
(2)
A written resolution setting forth the Planning Board's
decision shall be adopted at the meeting when the final decision is
made, or a memorializing resolution shall adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Planning Board rendered its decision.
N.
Acceptance or refusal of conditions.
(1)
Failure of the Township Planning Board to so act within
said period of time shall be deemed to be a grant of master development
plan approval of the plan submitted, subject to the plans as submitted.
In the event that the master development plan approval is granted
other than by lapse of time, either of the plan as submitted or of
the plan with conditions, the Township Planning Board, as part of
its resolution, shall specify the drawings, specifications and form
of performance guaranty as provided by statute that shall accompany
subsequent application(s) for site plan or subdivision approval. In
the event that the master development plan approval is granted subject
to conditions, the landowner shall, within 45 days after receiving
a copy of the written approval of the Township Planning Board, notify
the Board of their acceptance or refusal to accept all said conditions.
In the event that the landowner refuses to accept all said conditions,
the Township Planning Board shall be deemed to have denied master
development plan approval of the plan. In the event that the landowner
does not within said period notify the Township Planning Board of
their acceptance or refusal to accept all said conditions, the master
development plan shall be deemed to be denied. The landowner may,
during this forty-five-day period, request an extension of an additional
30 days for the purpose of reviewing and considering the conditions.
Granting or denying of such extension shall be within the discretion
of the Board. If such extension is granted, the provisions of this
subsection will be extended for an additional thirty-day period.
(2)
The Township Planning Board may set forth those conditions
which it deems necessary to protect the interests of the general public
and the residents and occupants of the planned unit development (PUD).
Such conditions may include but are not limited to the sequence and
distribution of uses and densities, limitations of land areas to be
developed within a given period, or provisions or physical means to
address critical or unique environmental conditions. Such conditions
will be predicted on the following criteria:
(a)
That each phase of a PUD shall contain, within
reasonable limits, a balance of uses, residential densities, unit
types and community facilities to assure that the PUD is a viable
self-sustaining community unit at any give phase in its growth, and
that the commercial or industrial uses proposed or required to be
constructed in the Township are sufficient to serve the economic and
social base of the community to the greatest extent possible.
(b)
That each stage of development will include
a required open and recreation space plan in proportion to serve residents
of units to be developed in that stage. Such open space and recreation
facilities will be physically proximate and accessible to the residential
use areas.
(c)
That the size and timing of successive stages
of a PUD will be conditioned upon the availability and provision of
suitable capacity of facilities such as arterial highways, sewer,
water, drainage and other services whose capacities must be expanded
as a result of the development of the PUD and be consistent with this
article.
O.
Contents of written hearing resolutions.
(1)
The grant and denial of master development plan approval
by written resolution of the Township Planning Board shall include
not only conclusions, but also findings or fact related to the specific
proposal; shall set forth the reasons for the grant, with or without
conditions, or for the denial; and shall set forth particularly in
what respect the plan would or would not be in the public interest,
including but not limited to findings of fact and conclusions on the
following:
(a)
Whether the plan is in general conformity with
the provisions of the Master Plan of the Township.
(b)
In what respects the plan is or is not consistent
with the Township's statement of objectives for planned unit development
(PUD) set forth in community objectives.
(c)
The extent to which the plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk and use, and the reason
why such departures are or are not deemed to be in the public interest.
(d)
The purpose, location and amount of the common
open space, the reliability of the proposals for maintenance and conservation
of the common open space and the adequacy or inadequacy of the amount
and purpose of the common open space as related to the proposed density
and type of development.
(e)
The physical design of the plan and the manner
in which said design does or does not make adequate provisions for
public services, provide adequate control over vehicular traffic and
further the amenities of light and air, recreation, landscaping and
visual enjoyment.
(f)
The relationship, beneficial or adverse, of
the proposed PUD to the neighboring area in which it is proposed to
be established.
(g)
In the case of a plan that proposes development
over a period of 10 or more years, the sufficiency of the terms and
conditions intended to protect the interests of the public and of
the residents and owners of the PUD in the integrity of the plan,
including the performance guaranties.
P.
Time requirements for application for site/subdivision
approval for each section. In the event that a plan is granted master
development plan approval, with or without conditions, the Planning
Board shall set forth in the written resolution the time within which
applications for subdivision or site plan approval(s) of each section
thereof shall be filed. If application is not made within the stated
period, the master development plan approval of the PUD plan shall
be void. The time so established shall not be less than six months
and may be for a longer period of time as shall be determined by the
Planning Board to be reasonable, taking into consideration the number
of dwelling units and nonresidential floor area permissible under
the plan, economic conditions, and the comprehensiveness of the development.
Q.
Conditions of master development plan approval. A
plan that has been given master development plan approval with conditions
accepted by the landowner/applicant (and provided that the landowner/applicant
has not defaulted under nor violated any of the conditions of the
master development plan approval) shall not be modified, revoked or
otherwise impaired by action of the Township or any of its present
or future agencies or officers pending an application or applications
for subdivision or site plan approvals for each section without the
consent of the landowner/applicant, provided that an application for
subdivision or site plan approval is filed within the time specified
in the resolution granting master development plan approval.
R.
Failure to proceed beyond master development plan
approval. In the event that a plan is given master development plan
approval thereafter, but prior to subdivision or site plant approval,
the landowner/applicant shall elect to abandon part or all of said
plan and shall so notify the Township Planning Board in writing, or
in the event that the landowner/applicant shall fail to file application
for subdivision or site plan approval within the required period of
time, the master development plan approval shall be deemed to be revoked,
and all that portion of that area included in the plan for which subdivision
or site plan approval has not been given shall be subject to those
Township ordinances applicable thereto as they may be amended from
time to time and noted in the records of the Township Clerk.
S.
Certificate of master development plan approval. Within
10 working days after the adoption of the written resolution provided
in this article, it shall be certified by the Planning Board Secretary
and shall be filed in their office, the office of the Township Clerk,
and a certified copy shall be mailed to the applicant and to the Gloucester
County Planning Board and to the governing body of any municipality
within 200 feet of the proposed PUD.
T.
Recording of master development plan approval. When
master development plan approval has been granted, the same shall
be noted in the office of the Township Clerk and in the records of
the Township.
U.
Abandonment of approved plan. In the event that a
plan is given master development plan approval and thereafter the
landowner/applicant shall abandon said plan and shall so notify the
Township Planning Board, in writing, or in the event that the landowner/applicant
shall fail to begin development within 24 months after master development
approval has been granted, then and in that event, such master development
plan approval shall terminate and be deemed null and void, unless
such time period is extended by the Township Planning Board upon written
application by the landowner/applicant, and any performance guaranty
shall be utilized by the Township to complete any unfinished public
improvements on the site; any remaining portion of the performance
guaranty after completion of unfinished public improvements shall
be returned to the landowner/applicant.
V.
Judicial review. Any decision of the Township Planning
Board granting or denying master development plan approval of a plan
or authorizing or refusing to authorize a modification in a plan shall
be deemed to be a final administrative decision and shall be subject
to judicial review.
W.
Improvements or performance guaranty as a condition of final approval as per Article IV of this chapter.
X.
Required improvements on performance guaranty. Before
final subdivision or site plan approval is granted for any section
of a PUD, the landowner/developer shall either complete any improvements
to be dedicated to the Township or improvements required to be made
as a condition of approval within or in conjunction with the development
or that section, or provide appropriate performance guaranties for
the completion thereof. The required improvements shall be those required
by this article and by the conditions of master development plan approval.
Y.
Performance guaranty.
(1)
Before final subdivision and/or site plan approval
is granted for any section of a PUD, the landowner/developer shall
either complete any improvements to be dedicated to the Township or
improvements to be made as a condition of approval within or in conjunction
with the development of that section, or provide appropriate performance
guaranties for the completion thereof. The required improvements shall
be those required by this article and by the conditions of subdivision
and/or site plan approval for each section.
Z.
Notification and inspection of improvements.
(1)
When a required improvement has been completed, the
obligor shall notify the Township Planning Board, in writing, by certified
or registered mail, of the completion of such improvement and shall
send a copy thereof to the Township Engineer. The Township Planning
Board shall direct and authorize the Township Engineer to certify
completion of such improvements.
(2)
The Township Engineer shall thereupon file a report,
in writing, with the Township Planning Board, which report shall be
detailed and shall indicate either approval, partial approval or rejection.
If such improvements, or any portion thereof, shall not be approved
or shall be rejected by the Township Engineer, the report shall contain
a statement of reasons for such nonapproval or rejection. Where the
report indicates partial approval of such improvement, it shall indicate
the cost of the improvement for which approval is rejected or withheld.
AA.
Acceptance or rejection of improvements. The Township
Planning Board shall accept or reject the improvement, grant partial
approval or withhold approval on the basis of such report and shall
certify the obligor of the action of the Township Planning Board with
relation thereto, in writing, and send one copy of said report by
certified or registered mail not later than 65 days after receipt
of notice from the obligor of the completion of the improvement. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty, except for that portion
necessary to secure the improvement not yet approved.
BB.
Failure of Township to provide notification of approval.
If the Township Planning Board fails to send such report and notification
to the obligor within 65 days, the obligor may notify the Township
Planning Board, in writing, by certified or registered mail, with
a copy thereof send to the Township Engineer, that failure of the
Township Planning Board to provide the obligor with such notification
within 65 days shall constitute approval of the improvement. Within
60 days after receipt of this notice, the Township Planning Board
shall send the report and notification of its action with relation
thereto to the obligor by certified mail. Failure of the Township
Planning Board to send or provide such report and notification to
the obligor within 65 days shall be deemed to constitute approval
of the improvement, and the obligor and surety, if any, shall be released
from all liability pursuant to the performance guaranty.
CC.
Completion of improvements not approved. If any portion
of such improvement is not approved or rejected by the Township Planning
Board, the obligor shall cause the same to be completed or corrected,
and, upon completion, the procedure set forth in this section shall
be followed.
DD.
Right to contest. Nothing in this section, however,
shall be construed to remit the obligor's right to contest or question,
by legal proceedings or otherwise, any determination of the Township
Planning Board or the Township Engineer.
EE.
Inspection fees. The obligor shall be responsible
for all of the inspection fees of the Township Engineer incurred in
making the inspections necessary to assure compliance and completion
in accordance with the approved plans and specifications.
FF.
Maintenance guaranty. The Township shall require a
maintenance guaranty for a period of two years after final acceptance
of the improvement in an amount not to exceed 15% of the cost of the
improvement.
GG.
Issuing of building permits. Subject to the exceptions
stated below, no building permit shall be issued within any section
of an approved PUD until final subdivision and site plan approval
has been granted by the Township Planning Board. Approval will also
be required from all private, county, state and federal agencies which
have jurisdiction over the proposed development.
HH.
Improvement permits. After a plans has been given
preliminary subdivision and site plan approval, building permits for
improvements to be dedicated to the Township, or improvements required
to be made as a condition of approval, may be issued subject to the
posting of the performance guaranties outlined in this article and
subject to approvals from all private, county, state and federal agencies
which have jurisdiction over the proposed development.
II.
Model dwelling units.
(1)
After a plan has been given preliminary subdivision
and/or site plan approval, the landowner shall be entitled to permits
for model dwelling units in single-family detached, townhouse or multifamily
structures for purposes of marketing. Requirements for receiving permits
for model dwelling units will include the submission of the following
information by the landowner for review by the Township Planning Board:
(a)
Number and type of model dwelling units to be
constructed;
(b)
Site plan, grading plan, landscape plan, floor
plan and elevations of the model dwelling units;
(c)
Utilities plans indicating methods of water
supply and sewage disposal; and
(d)
A schedule indicating the period of time which
the model dwelling units will be displayed for marketing purposes
and the estimated dates they will be offered for sale.
(2)
Such structures will be permitted only if they pose
no threat to health or safety, and provided further that the landowner
agrees to demolish and remove the same to restore the land to its
original condition in the event that the final approval is denied
and that this performance thereunder is guaranteed in accordance with
this section.
