Development review procedure for planned residential development option shall be in accordance with Article VI, Development Review Procedures, of this chapter except as otherwise provided in this article. Any planned residential development in which one or more dwelling units shall be conveyed in fee ownership shall comply with the subdivision provisions of Article VI, Article VIII and Article XV of this chapter, provided that the municipal agency may simultaneously conduct subdivision and site plan review.
A.
Pre-application meeting. Any planned residential developer may request
a pre-application meeting with the municipal agency for the purpose
of preliminary discussions to acquaint the municipal agency with the
proposed development. The municipal agency may indicate to the developer
the constraints upon the development contained in this chapter and
other ordinances of the Borough that may bear upon his proposal and
discuss the impact of the proposal upon the Borough Master Plan.
B.
Information and plans. Any planned residential developer requesting
a pre-application meeting shall submit to the Administrative Officer
not less than 10 days prior to a regularly scheduled meeting of the
municipal agency the following information and plans:
(1)
General information to include name or names of owners of record
of the property proposed for development, legal description of the
property, boundaries, utilities serving the property, easements across
the property, type and density of proposed development, relationship
of the proposed development to existing adjacent development and public
rights-of-way and proposed covenants and restrictions to be placed
on the development.
(2)
A sketch plan showing on a topographic base map the general
conception of the proposed development, indicating the preliminary
arrangement of structures and/or lots, location of existing and proposed
streets and major utility lines, location of recreational and community
facilities and other uses in the development, and the proposed phasing,
if any, of the development, showing the boundary for each phase and
approximate new residential density in each phase.
A.
Plan requirements. The application for preliminary approval shall set forth the data that is required for final site plan under Article IX, § 17-9.2, of this chapter, and for preliminary subdivision plat under Article VIII of this chapter, in the case of developments where fee conveyances are intended. The application for preliminary approval shall also set forth:
(1)
The overall density of the project.
(2)
The intensity of land use to be allocated to parts to be developed.
(3)
The location and size of any common open space and the form
of organization proposed to own and maintain any common open space.
(4)
Except for developments of less than 20 acres, an environmental
impact statement concerning the effect of the project on the environment.
Such statement shall generally include as appropriate for a particular
site:
(a)
An inventory of existing environmental conditions at the project
site and the surrounding area which shall describe air quality, water
quality, water supply, soils topography, vegetation, wildlife, archaeology,
geology and land use.
(b)
A listing of all licenses, permits or other approvals required
by law other than those to be obtained from the municipal agency and
the status of each.
(c)
An assessment of the probable impact of the project upon all topics described in Subsection A(4)(a) above.
(d)
A listing of adverse environmental impacts which cannot be avoided
and steps to be taken to minimize environmental impacts during construction
and operation, both at the project site and in the surrounding area.
(5)
A traffic study assessing the probable impact of the planned
residential development on existing and proposed roads and traffic
circulation within the affected area of the municipality and any adjoining
municipality.
(6)
Disclosure of names, addresses and extent of interest of persons
having any interest in the development or ownership of the planned
residential development.
(7)
In the case of plans which call for development over a period
of years, a schedule showing the proposed times when applications
for final approval of all sections of the planned residential development
are intended to be filed.
B.
Public hearing. Procedures for public hearing on a proposed planned residential development shall be in conformance with the requirements of Article IV (and Article VIII where applicable) of this chapter. The following supplemental information shall be provided by the applicant:
(1)
General character and substance of the development.
(2)
Objectives and purposes to be served by the project.
(3)
Details of design and organization of elements and plans.
(4)
Economic feasibility.
(5)
Time factors and sequential development.
(6)
Factual evidence and expert opinion shall be submitted by the
applicant in the form of maps, charts, reports, models and other tangible
materials and in the form of sworn testimony by experts such as lawyers,
architects, engineers, realtors, professional planners and economists
which will clearly state for the record the full nature and extent
of the proposed project.
C.
Findings. The grant or denial of preliminary approval by formal written
resolution of the municipal agency shall include not only conclusions
but also findings of fact related to the specific proposal and shall
set forth the reasons for the denial or for the grant, with or without
conditions, and said resolution shall set forth with particularity
in what respects the plan would or would not be in the public interest,
including but not limited to findings of fact and conclusions on the
following:
(2)
That the proposals for maintenance and conservation of the common open space are reliable and achieve the objectives of Article XV of this chapter and the amount, location and purpose of the common open space are adequate.
(3)
That provisions through the physical design of the proposed
development for public service, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate.
(4)
That the proposed planned residential development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
D.
Filing and recording.
(1)
If preliminary approval is granted, with or without conditions,
there shall be set forth in the resolution of approval the reasons
therefor and the time within which an application for final approval
of the plan shall be filed or, in the case of a plan which provides
for development over a period of years, the periods of time within
which applications for final approval of each part thereof shall be
filed.
(2)
Preliminary approval of a plan shall not qualify a plat of the
planned residential development for recording nor authorize development
or the issuance of any building permits.
A.
Plan requirements. An application for final approval may be made for all the land included in a plan or to the extent set forth in the preliminary approval for one or more sections thereof. Said application shall be made to the municipal agency granting preliminary approval. The application shall include information required by Article IX, § 17-9.2, and Article VIII, § 17-8.2, where applicable, together with such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth by written resolution of the municipal agency at the time of preliminary approval, subject to Subsection B following. The municipal agency may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval (substantial compliance) without the developer being required to submit another application for development for preliminary approval.
B.
Guarantees. As a condition of any final approval, the planned residential developer shall furnish a performance guarantee in a form and amount satisfactory to the Borough Attorney and Borough Engineer in the total sum of 120% of the cost of all required on-tract and off-tract improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, monuments, water mains, culverts, storm sewers, sanitary sewers, pumping stations and force mains, if any, drainage structures, erosion and sedimentation control devices, public improvements of open space and other on-site improvements, including the community building, active and passive recreation areas and facilities and landscaping but not to include the dwelling units. All such performance guarantees may require that all improvements be installed within a period of 36 months after the issuance of the first building permit and shall otherwise comply with the requirements of §§ 17-6.13 and 17-7.1 of this chapter. All such performance guarantees issued by surety shall be rated not less than B+ by Best's Rating Guide, A.M. Best Co., revised annually.
C.
Substantial compliance with preliminary approval.
(1)
Substantial compliance. A plan submitted for final approval
shall be deemed to be in substantial compliance with the plan previously
given preliminary approval, provided that any modification by the
landowner of the plan as preliminarily approved does not:
(a)
Increase the proposed gross residential density or intensity
of use;
(b)
Decrease the proposed gross residential density or intensity
of use by more than 10%;
(c)
Involve a reduction of the area set aside for common open space
and/or recreation facilities or the substantial relocation of such
area;
(d)
Increase by more than 5% the total ground areas covered by buildings
or involve a substantial change in the height of buildings; or
(e)
Result in a major deviation in on-tract or off-tract improvements.
(2)
Noncompliance.
(a)
In the event the plan as submitted for final approval is not
in substantial compliance with the plan as given preliminary approval,
the municipal agency shall, within 45 days of the date the application
for final approval is filed, so notify the landowner in writing, setting
forth the particular ways in which the plan is not in substantial
compliance. The landowner may:
(b)
Final approval shall be granted or denied within 45 days after
submission of a complete application to the Administrative Officer,
or within such further time as may be consented to by the developer.
Failure of the municipal agency to act within the period prescribed
shall constitute final approval and a certificate of the Administrative
Officer as to the failure of the municipal agency to act shall be
issued on request of the developer and it shall be sufficient in lieu
of the written endorsement or other evidence of approval herein required.
(c)
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the municipal
agency shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
A.
Conditions for staging. As a condition to preliminary approval of
the planned residential development plan, the municipal agency may
permit the implementation of the plan in whole or in sections or stages
consisting of one or more sections or stages. Each such section or
stage shall be:
(1)
Substantially
and functionally self-contained and self-sustaining with regard to
access, streets, parking, sanitary sewers, water supply, drainage
and other utilities, recreation facilities, open spaces and similar
physical features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development, and
no section shall exceed the overall maximum density permitted for
the entire plan unless such density is offset by a smaller concentration
in any completed prior stage.
(2)
Properly
related to other services of the community as a whole and to those
facilities and services yet to be provided in the R-20 Planned Residential
Development Zone.
(3)
Provided
with such temporary or permanent transitional features, buffers or
protective areas as the municipal agency may require under conditions
of ownership and maintenance as will prevent damage or detriment to
any completed section or stages and to adjoining properties not in
the planned residential development.
B.
Notwithstanding the foregoing, the following schedule shall be complied
with for the completion of all on-tract and off-tract improvements.
All such improvements shall be completed within the period of three
years after the issuance of the first building permit, subject to
the following schedule:
(1)
Prior to the issuance of the first and any subsequent certificate
of occupancy, except in the case of model units, the planned residential
developer shall install all streets, grading, pavement (but not finished
course), gutters, curbs, sidewalks, streetlighting, shade trees, monuments,
water mains, culverts, storm sewers, sanitary sewers, pumping stations
and force mains, if any, drainage structures, and erosion and sedimentation
control devices commonly necessary to make any such dwelling units
for which a certificate of occupancy is issued substantially and functionally
self-sustaining.
(2)
Prior to the issuance of the 51st certificate of occupancy, the planned residential developer shall install all improvements required in Subsection B(1) above, together with the community building and all required off-tract improvements, such as but not limited to the widening of any public right-of-way, required as a condition of approval.
(3)
Prior to the issuance of the 101st certificate of occupancy, the planned residential developer shall install all improvements required under Subsection B(1) above, together with all active and passive recreational facilities designed and intended for use by the entire development.
(4)
Not more than eight model units shall be permitted, provided that the use and occupancy thereof shall be strictly limited to a temporary sales office, showroom and display and further provided that adequate provision is made for water supply and sanitary sewage disposal. No certificate of occupancy for residential use of any model unit shall be granted until the improvements required by Subsection B(1) and (2) above have been installed. The foregoing three-year time requirement for the installation of improvements shall not commence with the issuance of a building permit for any model unit.
A.
Abandonment before final approval. In the event that a plan is granted
preliminary approval and thereafter, but prior to final approval,
the owner shall elect to abandon part of all of said plan and shall
notify the municipal agency in writing, or in the event the owner
shall fail to file an application or applications for final approval
within the required period of time or receive extensions of time,
all pursuant to N.J.S.A. 40:55D-49, the preliminary approval shall
be deemed to be revoked.
B.
Abandonment after final approval. In the event that a plan, or a
section thereof, is granted final approval but prior to the commencement
of any construction and thereafter the developer shall abandon said
plan, or any section thereof, and shall so notify the municipal agency
in writing, or in the event the landowner shall fail to commence construction
of the planned residential development within the periods of time
prescribed by N.J.S.A. 40:55D-52, then and in that event such final
approval shall terminate and be deemed null and void.
B.
Design criteria.
(1)
The uniqueness of each proposal for a planned residential development
may require that standard subdivision requirements and specifications
for curbs, gutters, sidewalks, streetlights, parks and playgrounds
be modified from the specifications contained in other ordinances
of the Borough as amended and in force. The municipal agency may,
therefore, waive or modify such specifications and requirements otherwise
applicable and establish others where the municipal agency finds that
such specifications are not required in the interests of the residents
of the planned residential development and the modification of such
specifications is not inconsistent with the interests of the Borough.
(2)
Every dwelling unit shall have access to a street, court, or
walkway or have an easement for access, but this shall not be construed
to require that each lot have frontage on a street so long as it has
fully protected access.[1]
(3)
All open space between structures shall be protected, where
necessary, by fully recorded covenants running with the land, covenants
or dedications.
(4)
The right-of-way and pavement widths for private internal ways, roads, and drives serving the planned residential development shall be determined from sound planning and engineering standards in conformity to the established needs of the development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate traffic, parking and loading needs and the access of fire-fighting equipment, police vehicles and other emergency equipment. In evaluating the foregoing, other provisions of Article VIII, § 17-8.5, of this chapter shall apply, where appropriate (for example, road material specifications) and otherwise may serve as general guides to the municipal agency in approving development plans. Nevertheless, private internal roads and walks shall have a required minimum pavement width as follows:
(a)
One-way traffic roads: paved width of 18 feet.
(c)
The right-of-way width in addition to paved width of said one-
and two-way traffic roads shall be a minimum of 33 1/3% of the
required pavement width.
(d)
Sidewalks, where required by the municipal agency, shall be
at least three feet in width.
(e)
Service ways for public service vehicles shall not be less than
12 feet in width.
(5)
Dedicated streets or highways shall be subject to all other
Borough ordinances and the laws of the State of New Jersey. Private
streets may be allowed at the discretion of the municipal agency.
C.
Site and structure regulations. Plot and lot sizes and dimensions and structure heights and locations thereon may be freely disposed and arranged in conformity with the overall designated density and with the conditions of comprehensive plans therefor, the general features and design of which shall be subject to the approval of the municipal agency. In reviewing such sizes, dimensions and heights, the municipal agency shall be guided by the standards set forth in Article IX, § 17-9.3, of this chapter. Nevertheless the following requirements shall apply:
(1)
Not more than eight townhouse dwelling units shall be contained
within any one townhouse structure.
(2)
Each dwelling unit shall have not fewer than two exposures and
two separate entrances.
(3)
No building or structure for dwelling use shall face the rear
of another such building or structure or the rear of buildings or
structures on adjoining properties unless separated by a minimum distance
of 100 feet.
(4)
The maximum height of any townhouse structure shall be 32 feet.
The maximum height for any community building shall be 35 feet.
(5)
The minimum frontage of a townhouse development upon at least
one accepted public street, improved to the standards of the street
specifications of the Borough, shall be 200 feet.
(6)
No townhouse structure shall be closer than 25 feet to any boundary
of the planned residential development, except that a townhouse structure
shall be no closer than 100 feet to any preexisting improved residential
property line and no closer than 50 feet to any residentially zoned
property line.
(7)
If refuse pickup areas are to be provided, they shall be located
for the convenience of the residents and shall be screened with evergreens
on at least two sides, planted at a height of at least four feet with
a potential growth of at least six feet.
(8)
The minimum setback of any townhouse structure from any existing
Borough road shall be 200 feet.
(9)
All recreation facilities shall be designed and constructed
in accordance with the standards set forth in Planned Facilities for
Athletics, Physical Education and Recreation, revised 1974, published
by the Athletic Institute and American Association for Health, Physical
Education, and Recreation, or latest revision.
(10)
No laundering or drying facilities, including but not limited
to washing machines and dryers, shall be located outside of any structure.
A.
Reasonable recreation areas shall be provided within the development
for the use of its residents. These areas shall consist of active
recreation areas such as, but not limited to, tennis courts, swimming
facilities, athletic fields, playgrounds, shuffleboard courts and
golf courses and passive recreation area such as, but not limited
to, picnic areas, nature areas and gardens. The amount of each type
of recreation shall be subject to the approval of the municipal agency.
Active recreation areas may not be required in the PRD II Zone.
B.
All common open space areas 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 for lease, under deed, covenant, lease contract
or other conditions of usage or occupancy legally established and
recorded therefor, and a description or plan of each such lot or plot
shall be filed separately or as part of the descriptive maps of a
planned residential development with the Borough Tax Assessor. This
requirement may be satisfied by a master deed filed in connection
with establishing a condominium form of ownership for the planned
residential development or a part thereof.
C.
Prior to any final approval, an open space organization shall be established pursuant to Article XV of this chapter and N.J.S.A. 40:55D-43 dealing with the ownership and maintenance of any common open space area, unless the common open space shall be dedicated to and accepted by the governing body.[1]
A.
The planned residential developer shall execute and record an easement
dedicating the necessary rights-of-way for water, sanitary sewage
and drainage lines and appurtenances, in such instances in which the
developer shall be obligated to construct such improvements, and the
Borough shall agree to operate and maintain and repair the same.
B.
The Borough shall have the right to charge the planned residential
developer or its successors and assigns for water and sanitary sewer
service, provided that such charges shall be based on rates uniform
throughout the municipality. The planned residential developer, for
itself, its successors and assigns, shall be responsible for the maintenance,
repair, replacement, improvement, construction, reconstruction, betterment,
protective cleaning and snow removal, as applicable, of all main roads,
roadways, emergency roads, parking areas, and parkways located within
the properties within the planned residential development, provided
that the Borough, its agents, servants and employees (but not the
public in general) shall have the right of ingress and egress on and
over all such main roads, roadways, emergency roads, parking areas
and parkways. The planned residential developer, for itself, its successors
and assigns, shall make provision for the safe and sanitary removal
of all garbage and refuse at its sole expense.
C.
The planned residential developer shall execute and duly record,
in the County Clerk's office, a declaration approved by the Borough,
setting forth inter alia:
(1)
The property subject to the declaration.
(2)
Membership and voting rights of the common open space organization.
(3)
Property rights, including the resident's easement of enjoyment,
title to common properties, and extent of owner's easements.
(4)
Covenant of the common open space organization's undertaking
and assessments, including assessments for general maintenance and
operation of the common properties, including all active and passive
recreation areas, grass maintenance, snow removal, sanding and street
sweeping of roads and public sidewalks, utility charges for roadway
lighting, swimming pool and community building, insurance and bonding,
taxes and assessments, and other reasonable and necessary expenses.
(5)
Provisions for effect of nonpayment of assessment, provisions
for party walls, architectural control committee, and exterior maintenance.
(6)
Right of the municipality to maintain common properties and
assess the cost against each lot.
(7)
Provision for roadway and utility maintenance.
(8)
Provision for addition and withdrawal of common properties.
(9)
Miscellaneous provisions dealing with covenants of use and enjoyment,
including, by way of example but not in limitation of the foregoing,
temporary structures, signs, livestock, poultry, garbage and refuse
disposal, aerials and loudspeakers.
D.
In addition to the requirements of Subsection C, the planned residential developer shall retain legal title to the common properties, including all active and passive recreation areas and facilities and the community building, until such time as it has completed improvements thereon, but, notwithstanding any provisions herein, the planned residential developer shall convey all such common properties, recreation areas and facilities, including the community building, to the open space organization, free and clear of all liens, at the time that certificates of occupancy shall have been issued for 61% of all planned residential units.
E.
The planned residential developer shall agree, as part of the developer's agreement, to post a maintenance guarantee with the governing body at the time of the release of the performance guarantee for a period of two years after final acceptance of all improvements covered by the performance guarantee in an amount of 15% of the cost of such improvements. All such maintenance guarantees shall otherwise comply with the requirements of §§ 17-6.13 and 17-7.1 of this chapter, and maintenance guarantees issued by a surety shall be rated not less than B+ as established by Best's Key Rating Guide, A.M. Best Co., revised annually.[1]
