[Amended 3-7-2006 by Ord. No. 8-2006; 10-17-2006 by Ord. No. 33-2006; 1-16-2007 by Ord. No. 1-2007; 7-17-2007 by Ord. No. 24-2007; 7-7-2009 by Ord. No. 21-2009; 8-3-2010 by Ord. No. 14-2010; 8-2-2023 by Ord. No. 19-2023]
Article VI of the Municipal Land Use Law[1] authorizes municipalities to adopt an ordinance providing for planned developments in the form of planned unit developments. This form of planned development encourages and promotes flexibility and economy in layout and design while preserving substantial open space, including agricultural lands and environmentally sensitive lands. The general purposes of planned unit development are as follows:
A. 
To encourage the assemblage of tracts of land into development units which can be planned overall for long-term development;
B. 
To promote flexibility in layout and design through clustering, thereby waiving strict adherence to individual lot and area zoning requirements;
C. 
To require that any common open space resulting from the application of standards for the intensity of land use be set aside for the benefit and use of the owners and residents in the development;
D. 
To encourage the protection of the natural resources on the land and to provide more usable open space for active and passive recreational uses;
E. 
To ensure that the amount, location and purpose of the common open space is adequate and that the proposed conservation and maintenance of it is reliable;
F. 
To promote economy in the layout and design of lots and structures to reduce site preparation costs and thereby reduce product costs to the consumer;
G. 
To require the developer to adequately design the circulation system, public services system, and the amenities of air, light, recreation and visual enjoyment for the residents of the entire development;
H. 
To encourage development of affordable housing for low- and moderate-income households through the provision of inclusionary housing set asides; and
I. 
To provide for a flexible approval process which allows for revisions that are responsive to changes in the marketplace without rezoning the property.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Planned unit development shall be permitted in various forms in accordance with the provisions of this article. This form of planned development is authorized as a permitted use in the following zoning districts:
LMU
Lakeshore Mixed Use District
One of the prime objectives of a planned unit development of land is the availability and quality of open space made possible by deviation from usual zoning requirements. The following general criteria shall govern the eligibility of an application for development for this type of planned development:
A. 
A minimum land area shall be met for the form of planned unit development authorized within the specific zoning district in accordance with the following sections of this article.
B. 
One person or one legal entity shall own or control by deed, contract, option or other legal instrument the land area at the time that the application is filed for a planned unit development.
C. 
(Reserved)
D. 
Municipal sewage shall be available to the project site at the time that the application is filed or planned to be online at the time of project occupancy.
E. 
Municipal water shall be available to the project site at the time that the application is filed or planned to be online at the time of project occupancy.
F. 
Planned unit developments shall comply with all impact evaluation requirements applicable to conventional developments contained in this chapter.
G. 
Except as otherwise provided in this article, planned unit developments shall comply with the design and performance standards applicable to conventional developments contained in this chapter.
H. 
Planned developments may be built in stages, provided the applicant can demonstrate to the satisfaction of the Planning Board the following:
(1) 
The plans submitted for preliminary approval shall delineate each phase and include an expected construction schedule.
(2) 
The planned development may provide for a greater or lesser concentration of density within a section than the overall project density, provided that it is offset by a lesser or greater density in subsequent stages.
(3) 
Each stage of development shall be substantially self-functioning and self-sustaining with regard to traffic circulation and access, utility services, off-street parking and loading and open space.
(4) 
Each stage shall be properly related to every other stage of development and the neighborhood and community as a whole and to all necessary community services needed in the future to accommodate the proposed development.
I. 
All planned developments of 200 dwelling units or greater are responsible for obtaining water allocation for the project from the New Jersey Department of Environmental Protection. Such water allocation must include the addition of source of supply capacity, such as the addition of one or more new wells, such that it increases the City's firm source capacity by three times the average daily flow of the entire project as determined by the Residential Site Improvement Standards, N.J.A.C. 5:21-5 et seq., and the New Jersey Department of Environmental Protection Safe Drinking Water Act regulations, N.J.A.C. 7:10-12 et seq. The applicant also shall obtain an increased monthly allocation of 1.5 times the average monthly flow for the entire project and an increased annual flow equal to the average annual flow projected for the entire project. The City must be the applicant for any modification in its water allocation permit. The developer for the project, however, is financially responsible for all aspects of obtaining additional water allocation, including all application fees and engineering costs.
The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The general development plan and the site plan shall conform to the following general design standards:
A. 
Land use standards.
(1) 
Lots and structures shall be laid out to the greatest extent feasible in a manner to preserve the natural landscape of the site, including the scenic vistas as seen from the public roadways.
(2) 
Lots and structures shall be laid out to the greatest extent feasible in a manner to meet the energy conservation standards contained in this chapter.
(3) 
Lots and residential structures shall be arranged to maximize privacy for residents and neighbors in the surrounding community and to minimize conflict with abutting uses and exposure to nuisance factors such as lighting glare and noise.
(4) 
The safety of the residents shall be considered in project design particularly with regard to the elements of circulation, landscaping, lighting and the location of lots and structures.
(5) 
Residential development shall be evaluated in accordance with the standards for the type of residential units proposed such as attached single-family, detached single-family, and multifamily housing types.
B. 
Circulation standards.
(1) 
A traffic impact study shall be submitted with the application for development as required by this chapter.
(2) 
Traffic facilities affording general access to and circulation within the development may be developed as public streets or private roads. However, access must be perpetually available to residents and emergency vehicles.
(3) 
Streets contained within the development shall conform with the design standards contained in this chapter. The City has the right to refuse to accept streets proposed as public streets if they do not meet these standards.
(4) 
At least one public street or private road access shall be permitted for each development unless the approving authority finds that additional access is required because of the characteristics of the adjacent streets. In no case shall developments have primary access through abutting properties unless the property is completely landlocked. Secondary access may be permitted off tract only after the affected residents have been notified and a public hearing has been held.
(5) 
The approving authority may require whatever off-tract improvements are necessary to accommodate projected traffic impacts based on the development's proportional share of additional traffic to ensure safe vehicular and pedestrian circulation.
(6) 
If a shared access street or road is developed to serve two or more developments, or a single development with two or more owners, appropriate dedication or easement documents must be submitted to ensure perpetual access to each development.
(7) 
Clear sight triangles shall be required where streets intersect dedicated public streets. A distance of 300 feet shall be maintained clear of obstructions measured from the stop sign of the streets within the development.
(8) 
Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Merging and turnout lanes or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. Minor streets shall not be directly connected with other streets by internal driveways or roads in such a manner as to encourage the use of minor streets by substantial amounts of through traffic.
(9) 
Access for bicyclists and pedestrians entering or leaving the site shall be made by convenient and safe routes. Such access need not be adjacent or limited to the vicinity of access points for motor vehicles. Sidewalks shall be constructed for pedestrian access. Bicycle and pedestrian paths within the development shall be encouraged to be separated from motor vehicle traffic to the greatest extent feasible. Bicycle paths shall be interconnected with the existing or proposed bicycle circulation system for the City.
(10) 
Where there are bicycle or pedestrian paths from within the development to a street at its edge, no material impediment to visibility shall be created.
(11) 
Curbing shall be required along all public streets and the streets within the development in accordance with standards contained in this chapter.
(12) 
Concrete sidewalks shall be required along all dedicated public streets and the streets within the development in accordance with standards contained in this chapter. Sidewalks shall be required to connect all residential units to parking areas. Paths intended for recreational use may be constructed of materials other than concrete.
(13) 
Off-street parking lots and spaces exposed to public streets or adjacent to one- and two-family residential neighborhoods shall be bermed or screened by walls or other solid materials in addition to landscaping.
(14) 
Resident spaces for one- and two-family residential structures may be provided by driveways allowing a maximum of two stacked cars. Garages may be counted toward meeting the parking requirements only if the management organization prohibits their conversion to living space.
C. 
Open space standards.
(1) 
Open space shall include an area of land or water essentially unimproved and reserved for public or private use or enjoyment; provided, however, that the land may be improved with those structures and improvements that are designed to be incidental to the natural openness of the land.
(2) 
Common open space shall include an area of land reserved for the use or enjoyment of the owners and residents of the development. Such land may contain complementary structures and improvements as are appropriate and necessary for the use or enjoyment of the owners and residents of the development, including active and passive recreational uses.
(3) 
The common open space shall be considered part of the open space for the purpose of fulfilling the open space requirements contained in this article.
(4) 
Wherever feasible, the common open space shall connect to existing conservation lands, historic sites, parks or recreational lands, or, as applicable, lands proposed for these uses in the Master Plan.
D. 
Local service and utility standards.
(1) 
The development shall be serviced by the municipal wastewater collection and treatment system. The developer shall design and construct a common system on site to tie into the municipal system.
(2) 
The development shall be serviced by the municipal water system. The developer shall design and construct a common system on site to tie into the municipal system.
(3) 
All electric, telephone, television and other communication facilities, both main and service lines, shall be provided by underground wiring within easements or dedicated public rights-of-way and installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. Overhead lines may be permitted as an exception by the Planning Board in areas of severe geological conditions. The placement and alignment of the poles shall be designed to lessen the visual impact of overhead lines.
(4) 
The developer shall provide adequate and efficient methods for handling solid waste disposal, including materials that are required to be recycled pursuant to municipal ordinance.
E. 
Stormwater management standards.
(1) 
Stormwater management systems shall emphasize a natural drainage strategy as opposed to an engineered drainage strategy. The applicability of a natural drainage strategy depends on such factors as site storage capacity, open channel hydraulic capacity and maintenance needs and resources.
(2) 
Where natural drainage strategies are inadequate to accommodate stormwater management for the site, detention facilities and other stormwater facilities shall be designed and engineered according to the best available technology.
(3) 
When the site contains or is adjacent to natural lakes, ponds, rivers, streams or wetlands, the runoff collection system shall be designed to prevent watershed runoff into these areas to the greatest extent feasible.
(4) 
A stormwater management system shall be designed and engineered to prevent an increase in nonpoint pollution to the greatest extent feasible.
F. 
Environmental and visual standards.
(1) 
An environmental impact study shall be submitted as required by this chapter. It shall include an inventory and general description of the natural attributes of the site, including an inventory and general description of the soils, topography, vegetation, geology and surface hydrology on the site.
(2) 
The design and placement of lots and structures shall be made in a manner to integrate the development attractively and harmoniously with its surroundings to enhance the natural features of the site.
(3) 
Careful attention shall be given to the design and quality of all structures and site amenities so that they are compatible within the development and compatible with the natural landscape.
(4) 
Adequate and functional lighting shall be located so as to provide maximum aesthetics and safety while minimizing glare and nuisance.
(5) 
Special natural features such as lakes, streams, wetlands and woodlands as well as scenic views shall be preserved to the greatest extent feasible.
(6) 
Existing topography and natural drainage patterns shall be retained to the maximum extent feasible.
(7) 
Grading and construction plans shall comply with applicable soil erosion and sediment control regulations.
(8) 
Fences, walls or hedges shall be utilized at the edges of the site where buffers or screening are needed to protect the residents from undesirable views, lighting glare, noise or other off-tract influences which are undesirable.
(9) 
Off-street parking areas, service areas and areas for the collection and storage of garbage and refuse shall be screened by a visual barrier of at least six feet in height.
The approving authority may grant a waiver or an adjustment to a particular design or performance standard contained in this article if the Board finds that the use of a more flexible design or performance standard will achieve or enhance the benefit intended by this chapter. No design or performance standard contained in this chapter shall be waived where it adversely affects public health, safety or general welfare.
Where improvements outside of the boundaries of the planned unit development are necessary to insure adequate access or provision of necessary facilities or utilities such as drainage, street, sewer and water, plans for such off-tract improvements shall accompany the preliminary plan.
A. 
Purpose. Planned adult community development or continuing care retirement community are authorized as an option for development and land conservation within the Lakeshore Mixed Use District (LMU) in accordance with the standards contained in this chapter. The purpose of a planned adult community development or continuing care retirement community is to maintain the natural, rural and scenic qualities of the LMU-Lakeshore Mixed Use District by preserving sensitive environmental features and significant open lands while providing necessary housing opportunities for an aging population.
B. 
Eligibility criteria.
(1) 
An application for development shall be made on lands with a minimum size of 150 acres which shall be under the control of one person or one ownership entity and which may include noncontiguous parcels.
(2) 
An application for development shall demonstrate that the project can be serviced by the municipal wastewater collection and treatment system and the municipal water system.
(3) 
Any site proposed for development must include sufficient uplands and developable acres to support a community of at least 150 age appropriate single-family homes or apartments in independent living, congregate or assisted facilities.
C. 
Land use standards.
(1) 
Permitted uses shall be as specified in a general development plan (GDP).
(2) 
Permitted accessory uses shall include project maintenance buildings, private attached garages architecturally integrated into residential structures, bus shelters, golf courses, swimming pools, tennis courts and other similar recreational uses.
(3) 
Permitted ancillary commercial uses shall include neighborhood shopping centers, office and medical services and other similar uses that primarily serve the residents of the development. Where residential and nonresidential uses are combined within a single structure, the land area shall be counted as residential in nature. However, such space shall be counted in the total square feet provided. This limitation shall not apply to any community buildings that may include restaurants, small sundry shops or other fee for service amenities as part of the overall civic nature of the facility.
D. 
Bulk, coverage and density standards.
(1) 
Bulk standards. In order to provide full flexibility in the design and layout of residential lot and structures and to insure a compatible relationship between all residential uses and residual land uses, an application for development shall not be required to meet the minimum lot size, minimum lot depth and the minimum yard dimensions within the LMU-Lakeshore Mixed Use District. However, the bulk variations allowed shall meet all public health, safety and general welfare requirements, including the building and fire codes.
(2) 
Open space and civic uses.
(a) 
The total area of open space within the development shall be at least 50% of the gross acreage. A minimum of 30% of the total land area of the development shall be set aside as conservation areas. The common open space shall include a community center with a minimum interior space of 10 square feet per dwelling unit located within the development. The center shall include a swimming pool, tennis courts or similar recreational uses sufficient to satisfy the active recreational needs of the residential community.
(b) 
The active and passive recreational needs of the residents shall be met through the community center and a network of small parks or nature trails designed for bicycle and pedestrian travel.
(c) 
An application for development may include any vacant parcel toward the calculation of required open space that is contiguous with the subject parcel whether it is located within the City or outside the City, provided the approving authority of the affected jurisdiction approves the plan.
(d) 
Except for easements for underground utilities, further subdivision of the residual land or its use for other than agriculture, conservation, or noncommercial recreation shall be prohibited. Buildings and structures accessory to these uses may be erected on the residual land, subject to site plan review by the approving authority.
E. 
Design standards.
(1) 
Lots and structures shall be laid out to the greatest extent feasible so they are located on the least environmentally sensitive area of the site and in a manner which maximizes the preservation area for long-term conservation.
(2) 
Lots and structures shall be laid out to the greatest extent feasible to limit the points of access onto the external roadway system in order to minimize continuous development frontage on highways while providing sufficient connections for efficient traffic flow.
(3) 
A buffer zone of at least 150 feet in width shall be required between residential and environmentally sensitive areas such as floodplains, natural drainageways, unique vegetation, wetlands and wildlife habitats.
F. 
Performance standards.
(1) 
The land proposed to be set aside for common open space may be dedicated by the developer to the City for public use. The City reserves the right to accept or reject the proposed dedication.
(2) 
If the common open space is not dedicated to the City and accepted by the City, the developer shall provide for an organization to own and maintain the common open space for the benefit of the residents of the development. These lands shall be owned by one of the following legal entities: owned jointly or in common by the owners of the building lots or owned by a land conservation trust. The agreement of the management organization shall guarantee continued ownership and maintenance of all of the common open space.
(3) 
All preservation lands shall be owned by one of the legal entities described above and shall be subject to a permanent deed restriction or conservation easement.
(4) 
As part of the agreement of the management organization, residents shall be informed of the environmental sensitivities of the area and shall be provided with all guidelines and restrictions that are identified by the Planning Board in its review which are necessary for the protection of the environmental elements.
(5) 
The applicant shall provide copies of the articles of incorporation, bylaws, deeds with covenants, deeds with easements, deeds of trust and the management agreement which provides for the ownership and maintenance of the common open space.
A. 
Purpose. The planned lakeshore community development shall be a planned development permitted within the Lakeshore Mixed Use District (LMU). The purpose of the planned lakeshore community development option is to create a village node with amenities, open space, and a strong pedestrian network utilizing a grid or grid modified for environmental factors in the layout and design of streets, parks, and the siting of buildings. The development is intended to be built at a neighborhood scale with blocks arranged for pedestrian mobility and integrated into public spaces occupying prominent locations combined with a mix of housing types and lot sizes within such blocks to create a walkable and diverse new community.
B. 
Eligibility criteria. The following eligibility requirements shall be met in order for an applicant to exercise this option:
(1) 
An application for development shall be made with a minimum tract area of 300 acres under the control of one person or one development entity.
(2) 
An applicant submitting an application for development within the planned lakeshore community development shall be responsible for obtaining an adequate water allocation for the project from the New Jersey Department of Environmental Protection. The water allocation request shall include the additional source of supply capacity, such as the addition of one or more new wells, to the extent that it increases the City of Millville's firm source capacity by a minimum of three times the average daily flow of the entire project as determined by the Residential Site Improvement Standards (N.J.A.C. 5:21-5 et seq.) and the New Jersey Department of Environmental Protection Safe Drinking Water Act regulations (N.J.A.C. 7:10-12 et seq.). The applicant shall also obtain an increased monthly allocation of 1 1/2 times the average monthly flow for the entire project and an increased annual flow equal to the average annual flow projected for the entire project. Millville City shall be the applicant for any modification to its water allocation permit; however, the developer of the planned lakeshore community development shall be financially responsible for all aspects of obtaining the additional water allocation permit or increase in allocation including all application fees, engineering fees, and other similar fees and costs. A minimum of 40% of the total tract area shall be in permanently preserved open space. Stormwater management facilities equal in area up to a maximum of 5% of the total tract acreage may be counted towards the minimum open space requirement, provided that such facilities are suitably landscaped and conform to the New Jersey stormwater management requirements.
C. 
Land use standards.
(1) 
Accessory uses. The following uses and structures accessory to the above uses shall be permitted:
(a) 
Accessory uses: Buildings and structures or uses customarily incidental and subordinate to the principal use of land or buildings located on the same lot with the principal use or building are permitted.
(b) 
Community center for the common use of all residents.
(c) 
Community swimming pool for the common use of all residents.
(d) 
Outdoor recreational facilities, including tennis or other court sports.
(e) 
Off-street parking and private garages.
(f) 
Common satellite dish and television antennae.
(g) 
Management building and sales office.
(h) 
Maintenance building.
(2) 
The planned lakeshore community development may be age-restricted.
(3) 
The design and use of open space shall conform to the requirements of § 30-210.
(4) 
Walking distance. Eighty percent of the total number of lots for dwellings shall fit within a single one-mile diameter circle.
(5) 
Additional requirements. The following additional requirements shall apply to the perimeter of any planned lakeshore community development.
(a) 
Except for recreational structures within common or public open space, no building or lot shall be permitted within 300 feet of the normal water elevation of Union Lake.
(b) 
Woodland retention. Within areas identified for common open space or public open space, at least 70% of the existing woodland shall remain.
(c) 
Required buffers. A buffer zone of 100 feet shall be required between the proposed new residential lots (excluding roads and utilities) and existing residential areas. Any other buffers that may be required shall be in accordance with the standards and requirements set forth in § 30-155.
D. 
Area, lot, coverage and density standards shall be proposed in a general development plan.