Article
VI of the Municipal Land Use Law 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.
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
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Lakeshore Mixed Use District
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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.
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.