[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.
GARDEN APARTMENTRefers to any apartment having less than three stories.
HIGH-RISE APARTMENTRefers to any apartment having three stories or more.
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.
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.
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.
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.
A.
Planning Board approval required.
(1)
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,[1] concerning the erection of a hotel, motel or apartment
building or accessory structures thereto for their approval.
(2)
Plan details. Such plans shall include on them the
following items:
(a)
All off-site and on-site improvements.
(b)
Roads, drives and parking areas.
(c)
Front, side and rear setbacks.
(d)
Ingress and egress routes.
(e)
Landscaping and drainage.
(f)
Appropriate recreation areas and facilities.
(g)
Such other items as this chapter or other ordinances
of the Township may require.
(3)
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.
B.
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[2] and a filing fee in accordance with the schedule hereinafter
set forth.
(1)
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.
(2)
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.
(a)
Unit defined. The term "unit" as used above
refers to a single apartment, hotel room or motel room.
(3)
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.
C.
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.
D.
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.
A.
Regulation of living area.
(1)
Number of apartments.
(a)
Bedrooms. No apartment shall contain more than
two bedrooms.
(b)
Garden apartments.
[1]
There must be at least five apartments containing
only one bedroom to each apartment containing two bedrooms.
[2]
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.
(c)
High-rise apartments.
(2)
Minimum habitable floor area. The minimum habitable
floor area for an apartment unit in any apartment shall be in accordance
with the following schedule:
|
Number of Bedrooms
|
Square Feet Required
| |
|---|---|---|
|
0
|
650
| |
|
1
|
750
| |
|
2
|
1,000
|
B.
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.
C.
Height requirements.
(1)
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.
A.
Utilities.
(1)
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.
(2)
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.
(3)
Antennas. Each apartment building may have no more
than one visible television antenna.
B.
Landscape. Each apartment building and remaining open
areas surrounding or adjacent to it shall be appropriately landscaped.
C.
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.
D.
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.)
A.
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.
B.
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.
C.
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.
A.
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.
B.
Maintenance costs.
(1)
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.
(2)
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.
C.
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.
