[HISTORY: Adopted by the Township Council of the Township of Burlington 4-22-1969 (Secs. 4:6-1 to 4:6-7 of the 1975 General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A building containing three or more dwelling units occupied as in a residential, as opposed to a transitory, use. Apartments shall not be deemed to include a hospital, school, convent, monastery, asylum, nursing home or other public or private institutions of like nature.
- The written request on forms approved by the Planning Board to review the plans and specifications submitted under the regulations and requirements of this chapter.
- Any person, firm or corporation who has or is seeking approval from the Planning Board of its proposed plans for a hotel, motel or apartment house development.
- AVAILABILITY OF UTILITIES
- Either presently existing utility service or extension of service to the project area. Said term shall not require the Township to extend utility service to areas not presently served at the time of the application, although the Township may extend such service at the total or partial cost of the Township when, in its discretion, it finds such an extension warranted by the needs of the Township.
- Any enclosed or semienclosed area of a hotel, motel or apartment which may be or which is designated to be used for sleeping by the occupants.
- Any internal roadway or path generally used by the occupants of an apartment complex from the apartment to a street or general thoroughfare.
- ECONOMIC CONDITION
- Any condition, such as inflation, increase of construction and maintenance costs or increase in labor costs, which makes the sums held in escrow insufficient to provide security for the Township.
- FAMILY LIVING UNIT
- The average unit of living space utilized in determining the allowable proportion of apartment dwelling units within the Township of Burlington pursuant to § 315-4A of this chapter.
The enforcement official designated to enforce the provisions of this chapter shall be the Building Inspector of the Township of Burlington.
Planning Board approval required.
Plan submission. The applicant shall submit to the Planning Board all plans, which shall be made in accordance with the requirements and regulations set forth in the Township of Burlington Subdivision Ordinance, concerning the erection of a hotel, motel or apartment building or accessory structures thereto for their approval.
Plan details. Such plans shall include on them the following items:
All off-site and on-site improvements.
Roads, drives and parking areas.
Front, side and rear setbacks.
Ingress and egress routes.
Landscaping and drainage.
Appropriate recreation areas and facilities.
Such other items as this chapter or other ordinances of the Township may require.
Application required. Any person, firm or corporation desiring to construct or build a hotel, motel or apartment building within the Township of Burlington shall, prior to the obtaining of a building permit, file an application with the Planning Board of the Township of Burlington. Said application shall be approved when the Planning Board shall have determined that the conditions, requirements and regulations contained in this and other ordinances of the Township have been complied with.
Filing fees. At the time of filing an application for a motel, hotel, apartment or other project governed by the provisions of this chapter, the applicant shall pay to the Township of Burlington a building permit fee as required in the Burlington Township Building Code and a filing fee in accordance with the schedule hereinafter set forth.
Review of plans. For professional services rendered in connection with review of plans and specifications submitted by the applicant: $3 per unit with a minimum deposit of $200.
Inspections. For professional services rendered in connection with inspections carried out in accordance with proper ordinance enforcement: $6 per unit with a minimum deposit of $300.
Unit defined. The term "unit" as used above refers to a single apartment, hotel room or motel room.
Additional fees. In the event that it should be determined by the Planning Board of the Township of Burlington that fees set forth in Subsection B(1) and (2) above are inadequate to provide for the professional services necessitated by this chapter, the Planning Board shall notify the Township Council of the amounts needed, and the Council shall determine the amount the owner must deposit as an additional sum equal to an amount necessary to provide such professional services.
Approval time limit. The Planning Board shall act upon the aforesaid application within 90 days of receipt thereof; however, if no action is taken by the Board within such time, the application, along with the plans and information submitted with it, shall be deemed to be accepted.
Regulation of the number of apartments. The number of garden apartment units permitted within the Township of Burlington shall in no event exceed 20% of the total number of family units in the entire Township at the time the application required under this chapter is made. The family living unit is comprised of the total number of single-family dwelling units within the Township and shall consist of one unit for each single-family house, whether detached or semidetached from another single-family house, and one unit for each one- or two-bedroom garden apartment. The family living unit shall consist of one unit for each single-family house and garden apartment for which a building permit has been issued or for which Planning Board approval has been obtained. The family living unit shall be computed by the Building Inspector.
Regulation of living area.
Number of apartments.
Bedrooms. No apartment shall contain more than two bedrooms.
There must be at least five apartments containing only one bedroom to each apartment containing two bedrooms.
The dwelling density shall not exceed 10 living units per individual acre. The total density on the entire project area shall be arranged to protect the health, safety and welfare of the inhabitants of the Township and is to conform to good planning practice as these standards shall be determined by the Planning Board of the Township of Burlington.
Minimum habitable floor area. The minimum habitable floor area for an apartment unit in any apartment shall be in accordance with the following schedule:
Maximum size of structure. There shall be no more than 20 dwelling units in any one continuous structure and no more than 12 dwelling units in any unbroken line. An offset of not less than four feet shall be deemed satisfactory to interrupt said structure line.
Over 35 feet. No building which is more than 35 feet in height shall be located closer to a drive or property line than the height of the building. The distance of the closest point between any two buildings or groups of attached buildings shall be at least equal to the average height of the two adjoining buildings but not less than 30 feet.
Water and sewer required. No application shall be approved under § 313-3 unless public water and sanitary sewer facilities are available to the proposed apartment building or development.
Installation by underground conduits. All utility lines and similar facilities servicing the proposed development shall be installed in underground conduits within the lot lines of the property on which the use is located.
Antennas. Each apartment building may have no more than one visible television antenna.
Landscape. Each apartment building and remaining open areas surrounding or adjacent to it shall be appropriately landscaped.
Recreation areas and facilities. For each apartment project regulated under the provisions of this chapter, the applicant shall provide adequate recreation areas and facilities, providing that no less than 1/2 acre of land per 50 apartment dwelling units shall be dedicated for recreational purposes.
Management and maintenance. The tract of land on which a use regulated by this chapter is conducted shall be owned and operated as a single or continuous management and maintenance unit with common open space with parking utilities and maintenance facilities. (Note: Check additional requirements in 5:1-10.20.)
Cash or bonds submitted by applicant. The applicant for the proposed construction project shall supply cash or negotiable government bonds satisfactory to the Township and formally approved by the Township Solicitor for 110% of the amount to be set by the Township Engineer to assure that the entire area will be developed in accordance with the filed plan.
Deposit in escrow by applicant. In addition to said bond there shall be deposited in escrow with the Township of Burlington in cash an amount of money to be set by the Township Engineer as a minimum maintenance fund.
Purpose and standard. The purpose and standard to be used by the Township Engineer in calculating this deposit is to provide a fund to ensure that the owner shall properly continue to maintain said project in accordance with the provisions of this chapter during its use as an apartment, hotel or motel. The fund shall secure the proper continual maintenance by the owner of all grass, trees, shrubs and fences located in the project and shall assure the owner's obligation to keep said premises clear of all paper, debris and other trash. In the event the owner shall not perform the obligations set forth above, the Township of Burlington is hereby authorized and directed to use part or all of said deposit necessary to perform said obligation of maintenance. If it is found by the Township due to economic conditions that the sum deposited is inadequate to provide the maintenance required by this chapter, regardless if whether such maintenance has been performed properly by the owner in the past and/or if any part of the total deposited is used by the Township for the purposes herein set forth, the owner shall make an additional deposit to increase the escrow to a level where proper maintenance is secured or to the level of the escrow prior to its use by the Township.
Statutory penalty. Any person, firm or corporation violating the provisions of this chapter shall be subject to a fine of not more than $500 and/or imprisonment for not more than 90 days, at the discretion of the Municipal Court Judge.
Neglect determined by Council. When the Township Council determines that the owner has neglected to maintain the project, the Council shall serve the owner with written notice of intent to perform necessary maintenance, in the best interest of the Township, and that all costs will be charged to the maintenance escrow account. A ten-day waiting period shall be observed by the Township.
Failure to deposit by applicant. Should the property owner fail to deposit sufficient funds in the maintenance account, the Township Council or its agent shall certify the shortage as a lien upon the property to be collected in the manner as other liens obtained through tax arrearage in accordance with the requirements of law.
Additional remedies. Any penalty set forth above shall not limit any rights which the Township may have to an injunction or other equitable or legal recourse.