It is the intent of this article to permit the development of
a variety of single-family dwellings and mid-rise apartment structures
as a coordinated neighborhood on not less than 40 acres of gross land
area which, for purposes of this article, shall also include any water,
providing water areas within the proposed development shall not exceed
50% of the area proposed for development. The primary purpose of an
R-1C planned unit residential development (PURD) is to encourage the
best use of the land and the conservation of natural features beyond
the degree feasible within the traditional pattern of land development
or arrangement; to make available a mix of single-family housing types
(attached or detached) and mid-rise apartment structures; and to provide
common open space, consistent with sound overall community development,
and, as a secondary purpose, community service, in the most efficient
manner. Therefore, for these purposes, the following regulations shall
apply.
The following uses are permitted in the R-1C District:
The following accessory uses are permitted in the R-1C District:
A.
An R-1C planned unit residential development may contain the following
uses:
(1)
One-family dwellings, provided that no more than a single such dwelling
exists on a single lot.
(2)
Mid-rise apartment structures with a minimum height of six stories
and a maximum height of eight stories, provided that no more than
2/3 of all allowable dwelling units on the tract shall be permitted
to occupy the mid-rise structures.
(3)
Public schools, parochial schools and all nonprofit private schools, including colleges and universities, but excluding trade or business schools, subject to the requirements of § 370-18.
(4)
Municipal buildings, municipal utilities buildings and services,
emergency squad facilities, volunteer firehouses and parks and playgrounds
as deemed necessary by the Township of Willingboro.
(5)
Churches.
(6)
Office of a professional person residing on the premises, provided
there is no display of advertising other than a professional nameplate.
Such professional shall be limited to physicians, dentists, chiropractors,
chiropodists, optometrists, attorneys, ministers, accountants, psychologists,
architects, engineers, musical instructors, marriage counselors, and
speech pathologists.
(7)
Temporary buildings for uses incidental to construction work, provided
such buildings are well maintained and removed upon completion or
abandonment of the construction work.
(8)
The growing of field or orchard crops.
(9)
Model home exhibits and sample apartment displays, and accessory
sales offices in conformance with all zone requirements.
(11)
Townhouses, subject to the requirements of § 370-19C(1) through (5).
(a)
Such activities are carried on within a mid-rise apartment structure
on the ground-level floor thereof;
(b)
Such activities are carried on within an enclosed structure
having direct and sole access to Beverly-Rancocas Road and are situate
within 500 feet of such road; or
(c)
Such uses are designed primarily to serve the business and commercial
needs of the immediate neighborhood.
C.
Area and bulk requirements.
(1)
The minimum tract size of an R-1C planned unit residential development
shall be 40 acres of gross land area.
(2)
Within an R-1C planned unit residential development, there shall
be no minimum lot area requirement, provided that the minimum total
floor area requirements are met, that buildings are designed and placed
to meet all requirements of the New Jersey Housing Code[1] for the provision of light and air, and that subsequent
requirements within this article are satisfied.
(3)
The minimum width of any townhouse lot shall be 20 feet, and the
minimum width of any single-family detached dwelling lot shall be
50 feet.
(4)
Within an R-1C planned unit residential development, the required
front yard for each townhouse structure shall be 20 feet.
(5)
Within an R-1C planned unit residential development, the required
front yard for a single-family detached dwelling shall be an average
of 25 feet, and no front yard shall be less than 20 feet.
(6)
Within an R-1C planned unit residential development, the minimum
rear yard for a townhouse shall be 18 feet.
(7)
Within an R-1C planned unit residential development, the minimum
rear yard for a single-family detached dwelling shall be 20 feet.
(8)
Within an R-1C planned unit residential development, the side yard
of any single-family detached dwelling unit may be only five feet;
providing, however, that such side yard is included within the area
made available for use by an adjacent detached dwelling unit by easement
reserving only maintenance rights to the owner thereof, and providing
that no two adjacent detached dwelling units shall be closer than
12 feet to each other at any point, except that private garages may
share a common wall in lieu of maintaining a twelve-foot separation.
In the absence of such easement, the side yard requirement shall be
six feet on one side and a total of 13 feet on both sides.
(9)
Within an R-1C planned unit residential development, a single-family detached dwelling unit which has utilized none of the options available within a PURD Zone District, which meets the standards (a, b, or c) of § 370-7 for one-family dwellings in a PURD Zone District, and which has assigned no land by easement shall be governed by the fence regulations set forth in § 370-74 of this chapter. All other dwelling units shall be exempted from those regulations; providing, however, that fences shall be erected, but only by the developer in accordance with an approved site plan. No additional fences and no alteration of fences shall be permitted within a PURD Zone District on lots covered by this exemption.
(10)
Within an R-1C planned unit residential development, no townhouse structure shall be closer to another townhouse structure or accessory building than 30 feet, measured perpendicular to the building walls. Wherever the front yard requirement shall apply to a side yard of a townhouse structure because of frontage of that side yard on a public street, the requirement of 15 feet may be reduced to five feet, providing the abutting street is a court (not a through street), and that any sidewall so situated shall be constructed without windows and of materials as set forth in Subsection F below.
(11)
Within an R-1C planned unit residential development, the density
shall not exceed 3.1 dwelling units per acre of gross area.
(12)
Within an R-1C planned unit residential development, there shall
be 2 1/2 parking spaces provided for each housing unit, including
spaces provided in private garages.
(13)
The minimum distance from any townhouse, single-family development,
or any lot line shall be equal to the height of the tallest mid-rise
structure.
D.
Open space. At least 50% of the gross area of any planned unit residential
development shall be devoted to permanent open space, not including
required public improvements or private streets. The specific land
area to be devoted to this requirement shall be acceptable to and
approved by the Township. All land subject to flooding shall be included
within the permanent open space and in addition thereto, even though
the fifty-percent requirement may be exceeded.
(1)
The developer may offer for dedication for public use and maintenance
all or any portion of the permanent open space required hereunder
for use as one or more of the following: park or playground, woodland
conservation site, pedestrian walkway, stream course or drainage control
area, public school facility, or any other use approved by the Township.
The applicable governmental body may, at any time and from time to
time, accept the offer of dedication.
(2)
Maintenance of open space.
(a)
If any or all of the permanent open space is not dedicated for
public use and maintenance, the developer shall provide for an organization
for the ownership and maintenance of any open space to the benefit
of owners or residents of the development. Such organization shall
not be dissolved and shall not dispose of any open space, by sale
or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development,
and thereafter such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to the Township.
(b)
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Township Manager
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Township Manager may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time, not to exceed 65 days, within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within the 35 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
such land for a period of one year, may enter upon and maintain such
land. The entry and maintenance shall not vest in the public any rights
to use the open space, except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of the year, the
Township Manager shall, upon the Township Manager's initiative or
upon the request of the organization theretofore responsible for the
maintenance of the open space, call a public hearing upon 15 days'
written notice to such organization and to the owners of the development,
to be held by the Township Manager, at which hearing such organization
and the owners of the development 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 Manager shall determine that
such organization is ready and able to maintain the open space in
reasonable condition, the Township shall cease to maintain the open
space at the end of the year. If the Township Manager shall determine
such organization is not ready and able to maintain the open space
in a reasonable condition, the Township may, in its discretion, continue
to maintain the open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Township Manager in any such case shall constitute
a final administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien and shall become a lien and tax
on the properties and shall 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.
(4)
The open space owned and maintained by the organization may be used
in one or more of the following ways: park or playground, woodland
conservation site, pedestrian walkway, stream course or drainage control
area, golf course or country cub, private swimming pool or swimming
club, marina, tennis courts, equestrian trails and private stables,
children's nursery or day-care center, or any other recreational use
approved by the Township.
(5)
Whether or not land is offered for dedication to the Township or
other governmental body, all such land shall be improved to meet Township
standards and in accordance with the approved site plan.
E.
Every dwelling unit constructed within a planned unit residential
development shall be connected to the municipal water and sewer system.
The developer shall be responsible for the installation of approved
water and sewer facilities within the planned unit residential development.
In addition, the developer shall install streets, roads, drives, parking
facilities, sidewalks, and other required improvements. All such improvements
and any other improvement affecting the public interest, whether to
be offered for public dedication or remaining in private ownership,
shall be installed and maintained in accordance with appropriate ordinances
of the Township, applicable to public improvements, and specifications
for same shall be approved by the Township Engineer prior to the issuance
of any building permit or the commencement of construction of any
unit.
F.
Wherever an easement provides for the use of a portion of a lot by
an adjoining lot owner and such easement abuts a structure, the wall
of that structure adjacent to the easement shall be constructed of
a maintenance-free material.
G.
Approval procedures.
(1)
The Planning Board shall review all drawings and materials submitted and determine conformance with the standards of this chapter, the Township Master Plan, and Chapter 205, Land Subdivision and Site Plan Review, of the Code of the Township of Willingboro. Upon satisfaction that the submittal meets all requirements, the Planning Board may approve the planned unit residential development. The Planning Board shall, within 95 days after its receipt of such drawings and materials, approve or disapprove the proposed development.
(2)
Site plan review. Before a planned unit residential development is
approved, the applicant shall have submitted to the Planning Board
a set of detailed plans showing lot and street arrangement, existing
topography, proposed finished grades, proposed building locations,
proposed fencing, density patterns, site design, proposed landscaping,
areas to be devoted to open space or public use and elevations of
proposed buildings. A preliminary site plan, sufficient in detail
only to show intent, may be submitted to the developer for discussion
with the Planning Board.
