This zone is designed for single-family attached,
single-family detached and multifamily residence uses in a planned
integrated balanced development in accordance with the requirements
hereinafter set forth:
B. Single-family detached dwellings.
The following uses are also permitted:
A. In single-family detached dwellings:
(1) The office of professional persons, provided that
such professional person resides on the premises. Not more than two
persons, other than the resident of the premises, may be employed
by such professional person, and not more than 1/2 of the floor area
of one story of the dwelling unit shall be devoted to such use. No
use permitted by this subsection shall result in any permitted professional
use operating in this zone in other than a building strictly residential
in appearance. Except for permitted signs, there shall be no physical
evidence of said use visible from the exterior of the building so
used; or
(2) Home occupation, provided that not more than 1/2 of
the floor area of one story or the basement shall be devoted to such
use, or, if conducted in an accessory building, the area of such use
shall be limited to not more than 1/2 of the floor area of the principal
structure. No merchandise or materials, either assembled or unassembled,
shall be received into the residence or accessory structure for the
purpose of merely storing and/or reselling. No machinery or equipment
shall be used except machinery or equipment which is usually found
in the home and which will not cause electrical or other interference
with radio and/or television reception. No use permitted by this subsection
shall result in any use operating in this zone in other than a building
strictly residential in appearance. Except for permitted signs, there
shall be no physical evidence of said use visible from the exterior
of the building so used.
B. Signs as permitted by Article
XVII, Signs.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article
XVI, Conditional Uses:
A. All public or institutional uses.
Accessory uses customarily incident to the above
uses shall be permitted, provided that they do not include any activity
commonly conducted for profit. Accessory uses specifically permitted
are:
A. Commercial vehicles in accordance with the provisions of Article
XIV, Promotional Vehicles and Commercial Telephone Listings in Residential Zones.
B. Business or commercial telephones in accordance with the provisions of Article
XIV, Promotional Vehicles and Commercial Telephone Listings in Residential Zones.
Arable soil shall not be removed from the tract
during construction but shall be stored and redistributed on the site.
Arable soil shall be regraded on site to a minimum depth of six inches.
Such areas shall be stabilized by seeding or planting in accordance
with the approved landscaping plan.
Each structure within the development shall
have a compatible architectural theme with the variations and designs
to provide an 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 facade, singularly or in combination for each dwelling
unit.
Open space areas in a planned low-density residential
development shall be located in accordance with the following standards:
A. Streams and their floodplains, natural wetland areas
with slopes in excess of 15% and any other environmentally sensitive
areas in the tract shall be included in open space areas.
B. Any unique or unusually attractive feature of terrain
or vegetation, such as scenic overlooks, level open areas suitable
for playing fields, stands of large trees or areas of particular value
as wildlife habitat, shall be included in open space.
C. Insofar as possible, consistent with Subsections
A and
B herein, open space shall be located so as to provide buffers between clusters of dwellings and between clusters of dwellings and the boundary of the tract.
D. No individual area devoted to open space shall be
less than one acre in area or less than 50 feet in width, at its narrowest
point; however, at least 1/3 of the area shall be at least 100 feet
in width.
Every structure or group of structures and uses
and every designed plot area or cluster unit which has services, facilities
or utilities in common, private usage and in common ownership or control
by its occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management, as may be established by ownership
in full or partial fee or lease under deed covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefor. A description or plan of each such lot or plot
shall be filed separately or as part of the descriptive maps of a
PLD planned low-density residential development with the City Tax
Assessor.
In any approved development, as provided for
in this section, the following standards shall apply in addition to
all other standards contained in this chapter. In cases of conflict,
provision of this section shall apply.
A. Water and sewer services. Water and sewer services
shall be constructed in accordance with applicable regulations of
the Public Utilities Commission and in accordance with all state,
county and municipal regulations. In the event of conflict between
the various codes and requirements of such entities, the most restrictive
regulations shall govern.
(1) Central sewage disposal plant. Sewage disposal shall
be by means of a central sewage disposal plant. Such disposal plant
shall be in accordance with the requirements of the Department of
Environmental Protection of the State of New Jersey and County and
City Board of Health requirements, if any. Such disposal plant shall
be constructed in accordance with the requirements of the Department
of Environmental Protection, Department of Health, the County Sewer
Authority and the City Board of Health and shall be subject to their
regulation and approval.
(2) Central water system. Potable water shall be provided
by means of a central water system. Such water system shall be in
accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and County and City Board of
Health requirements, if any. Such central water system shall be constructed
in accordance with the requirements of the Department of Environmental
Protection, Department of Health, County Sewer Authority and of the
City Board of Health and shall be subject to their regulations and
approval.
(3) Approval of water and sewage systems. The proposed
water and sewer system shall be approved by the City Board of Health
before any building permit shall be issued, notwithstanding approval
of any other agency, whether state or county, unless the Board of
Health certifies that the approval of such other approving agency
is sufficient in its opinion so that no further approval by the City
Board is required.
(4) Fire hydrants. Fire hydrants shall be provided in
such a manner so that no apartment building or townhouse cluster is
further than 60 feet from a hydrant from its furthest point, and fire
hydrants shall be provided in such a manner as to provide protection
in accordance with generally recognized standards in conjunction with
all other structures. Such fire hydrants shall be serviced by a system
to be determined in accordance with recommendations of the City Engineer,
which shall at least meet the minimum requirements of the fire underwriters
for fire protection for the type of construction anticipated, taking
into consideration location of various structures, topography and
general layout and design. The recommendations of the City Engineer
shall be made to the Planning Board.
B. Streets and blocks. Streets and blocks within the PLD development shall conform to the provisions of Chapter
244, Subdivision of Land and Site Plan Approval, and any amendments thereto.
C. Landscaping and screening.
(1) All PLD development shall be provided with liberal
and functional landscaping schemes. Roads and pedestrian walks shall
be provided with shade trees which are of minimum size, designated
in DBH and character as designed by the City. Open space adjacent
to buildings, malls between buildings to be utilized by residents,
border strips along the side of pedestrian walks shall be graded and
seeded to provide a thick stand of grass or trees and shrubs. Areas
not used for buildings, terraces, drives and parking spaces shall
be seeded and landscaped and shall be maintained in a stable and well
kept condition. Screening or buffers, consisting of planting strips
and fences, shall be required around any other similar area, along
property lines, between different designated uses and around all parking
areas in order to provide for shielding from unsightly, disturbing
or light-glaring areas. Clothes drying areas shall not be permitted
out of doors. Refuse disposal areas shall be completely enclosed.
(2) The developer shall furnish, along with the plans
and specifications required under this chapter, landscaping plans
drawn by a recognized landscaper, which shall include plans for lighting
the grounds, roads, drives, walks, parking areas and building entrances
as well as the plantings and other landscaping intended.
D. Refuse disposal. Sufficient refuse pickup areas shall
be provided and shall be located for the occupants' convenience.
E. Outside lighting. Adequate lighting shall be provided
to minimize hazards to pedestrians and motor vehicles along interior
streets, roads and driveways, in parking areas, near exterior and
interior entrances and along pedestrian walks.
Where open space is not dedicated to the City
or other government entity, the applicant shall dedicate such area
for the uses herein before set forth and shall establish a property
owners' association which shall consist of all owners of lots in the
planned low-density residential development and shall own and maintain
the open space areas. The applicant shall submit, as a part of his
subdivision application, a copy of such association's agreement or
charter, including but not limited to the following information:
A. A scheme for creation of the organization.
B. When such organization will assume responsibility.
C. The duties of the organization.
D. The method by which the organization will be funded.
E. Provisions for enforcement of the discharge of duties
by the organization.
F. The method by which open space shall be maintained
in perpetuity.
The property owners' association shall not be
dissolved nor shall it dispose of any open space areas without first
offering to dedicate it to the City.
If the property owners' association fails to
maintain the open space areas in accordance with the provisions of
this chapter, the City may take over such maintenance under the following
procedure:
A. The Zoning Officer shall serve the written notice
upon all the property owners in the planned low-density residential
development specifying all maintenance violations. The notice shall
set a time, date and place for a hearing before him on such violations,
which hearing shall be held not more than 15 days after the date of
service.
B. At the hearing, the property owners shall have the
right to contest the existence of maintenance violations and to show
good cause why the time period to cure violations should be extended.
Within 10 days of any such hearing, the Zoning Officer shall give
to the owners his written findings on any such contentions and showings
which may have been advanced.
C. The property owners' association shall have a time
period of 35 days after receipt of notice to cure all maintenance
violations. The Zoning Officer may, for good cause shown, grant a
reasonable extension of the time period, not to exceed a total of
65 days.
D. If the property owners have not cured all violations
within the specified time period, the municipality shall take over
maintenance of the open space areas. The maintenance costs shall be
assessed pro rata on the basis of assessed valuation against all lots
in the planned residential development. This assessment shall become
a lien and tax on them and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
E. One year after municipal takeover, and each succeeding
year thereafter, the property owners shall have the right to a hearing
where they may show cause why the property owners' association should
be permitted to resume maintenance of the open space areas. The Zoning
Officer shall serve written notice upon all the property owners in
the planned residential development at least 15 days prior, which
notice shall state the time, date, place and purpose of such hearing.
Preliminary approval may be granted on the complete
proposed planned low-density residential development. However, final
approvals shall be stayed. The maximum number of dwelling units granted
final approval in the first section shall be limited to one 150 dwelling
units. Thereafter, application for final approval of additional sections,
not excluding 100 dwelling units, may be submitted upon filing of
proof with the Planning Board that 75% of the dwelling units in each
previous section granted final approval are rented or sold.
Ten copies of the proposed planned low-density
residential development project shall be submitted, at least three
weeks prior to the regular meeting of the Planning Board, to the Secretary
of the Planning Board, and shall be accompanied by three application
forms, available from the City Clerk, and a filing fee shall accompany
such application.