[Added 12-5-2006 by Ord. No. 1579-2006]
It is the intent of this article to create a
realistic opportunity for the construction of a portion of the low-
and moderate-income housing obligation of the Township of Hamilton
under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq.;
the rules of the New Jersey Council on Affordable Housing, N.J.A.C.
5:93-1 et seq.; and the Mt. Laurel doctrine, as well as to settle
litigation entitled Harding Highway, LLC v. Township of Hamilton,
et al., Docket No. ATL-L-155-04 (Mount Laurel). Furthermore, the purpose
of a planned village development (hereinafter "PVD") is to facilitate
the development of affordable housing for low- and moderate-income
households within designated portions of the regional growth area
while continuing to encourage innovations in residential development
and supportive public, quasi-public and neighborhood commercial uses
that promote a sense of community for the benefit of the development's
residents, minimize the proliferation of roadways, encourage functional
open space and passive recreational facilities and, at the same time,
encourage land development that is fiscally responsive to the community
and yet environmentally sound.
A.
Because this article provides specialized regulations
for housing types, land uses, subdivision improvements, street standards,
site planning, and building design within the Planned Village Development
Zoning District, the standards and requirements of this article supersede
and replace all conflicting provisions in the Hamilton Township Developmental
Ordinance and Zoning Ordinance. All ordinances of the Township of
Hamilton that are inconsistent with the provisions of this article
are superseded by the provisions of this article.
B.
Any tract of land developed as a PVD shall be held
in common ownership or, in the case of multiple ownership or where
contiguous parcels are owned, shall be developed according to a single
plan with common authority and common responsibility. For the purposes
of this section, properties separated only by an unimproved public
right-of-way shall be considered contiguous.
C.
A PVD shall include deed-restricted affordable housing units that generate COAH credits, through actual dwelling units and/or rental bonuses or other credits. The affordable unit set aside determination shall be determined by § 203-246B of this article.
D.
When a developer of a PVD opts to include age-restricted housing as an element of the development, said developer will be required to file deed restrictions on the age-restricted units as established in § 203-89C of the Code of the Township of Hamilton. The developer shall submit, as a condition of final approval for a PVD, a draft of such declaration or deed to the Planning Board for its review and approval, which deed or declaration shall further contain satisfactory procedures for monitoring and enforcing such restrictions in the event of any violation thereof. The declaration or deed shall be recorded in the County Clerk's office prior to the issuance of any building permit.
As used in this article, the following terms shall have the meanings indicated and shall supplement or supersede the definitions in § 203-18:
A dwelling unit with a sales price or rent within the means
of a low or moderate income household as defined in N.J.A.C. 5:94-7.
For the purpose of a PVD, an age-restricted unit shall mean an adult household as defined in Subsections A and B of the definition of a "planned adult community" found in § 203-18.
Dwelling units that are not restricted to low- and moderate-income
households that may sell or rent at any price determined by a willing
seller and a willing buyer.
For the purpose of a PVD, a stacked townhouse shall mean
a residential structure of not more than three stories or 40 feet,
consisting of a multistory residential unit located on top of, in
part or whole, either a single-story residential unit (a.k.a. a flat
unit) or another multistory residential unit each with an entrance
on the first floor, each separated by a fire-rated assembly, each
intended for occupancy as separate living quarters for two or more
families, each located on a single lot if available for fee simple
ownership, and each available for ownership in fee simple or as condominium,
or for rental.
For the purpose of a PVD, a townhouse shall mean a dwelling
unit in a residential structure of not more than three stories or
40 feet, containing not fewer than three one-family dwelling units
each with an entrance on the first floor and each being separated
by a fire-rated assembly and each intended for separate ownership
or rental.
The following uses are permitted in a PVD.
The mix of various uses is designed to encourage
a mix of housing types to promote diversified population and housing.
A.
Required housing mixes.
(1)
No more than 30% of all dwelling units may consist
of two-story apartments over retail space such as would be found in
a traditional main street area.
(2)
A minimum of 40% of all dwelling units shall
consist of one or more of the following: single-family detached, single-family
attached (duplex), townhouses or stacked townhouses, provided that
the number of market-rate non-age-restricted single-family detached
units is a minimum of 20% of total units.
(3)
No more than 25% of all dwelling units may consist
of age-restricted housing in three-story buildings constructed over
parking.
B.
Affordable housing set asides.
(1)
Twenty percent of the total units developed
in a PVD shall be set aside for occupancy by low- and moderate-income
households ("affordable housing") if the affordable units are offered
for sale; or
(2)
Fifteen percent of the total units developed
in a PVD shall be set aside for occupancy by low- and moderate-income
households if the affordable housing units are offered for rent.
(3)
Affordable housing units may be age-restricted,
provided that the number of age restricted affordable units does not
exceed one-third (33.34%) of the total affordable units in the PVD.
(4)
Affordable units shall comply with the New Jersey
Barrier-Free Subcode accessibility requirements, N.J.A.C. 5:23-7,
as required by the state Fair Housing Act, as amended by P.L. 2005,
c.350.
(5)
The affordable housing shall be developed and
sold or rented in accordance with the current applicable COAH rules,
including requirements on: split between low- and moderate-income
housing, bedroom distribution, range of affordability, pricing and
rents of units, affirmative marketing, affordability controls, and
construction phasing with the market-rate units developed on the tract.
C.
Pinelands development credits (PDCs).
(1)
Pinelands development credits shall be acquired
and redeemed at a rate of one right (0.25 credit) for every four non-income-restricted
housing unit (i.e., 25% of all market-rate residential units, including
age-restricted units) developed in a PVD.
(2)
Pinelands development credits shall be purchased in proportion to the number of units in each phase of the project pursuant to the provisions of § 203-171C(4).
(3)
No PDCs shall be required to be purchased with
respect to any affordable units constructed in an inclusionary project.
D.
Age-restricted units. The maximum number of age restricted
units in a PVD shall not exceed one-third (33.34%) of the total units
developed.
Neighborhood commercial (NC) uses, as established in § 203-58, are permitted in a PVD with the intent being to encourage development of mixed commercial/residential structures (e.g., apartments/condominiums over commercial space) in a traditional main street configuration, subject to the following provision.
A.
Up to a maximum of 15% of the land area in a PVD may
be used for commercial purposes, provided that no more than 5% of
the land area is occupied by commercial uses without a residential
component.
B.
The commercial area shall be integrated into the internal
circulation system of the PVD (roads, bikeways and walkways) to encourage
and promote activity and usage by the residents of the PVD and adjacent
development.
Open space shall be designed as an integral
part of all PVD projects and shall provide a range of opportunities
for active and passive recreation as well as protect and preserve
the natural environment.
A.
The minimum area of total open space in a PVD shall
be 40% of the developable land within the site. For the purpose of
this calculation, total open space shall consist of all areas not
covered by buildings or impervious surfaces, including, but not limited
to, perimeter buffers, yard areas of single-family and townhouse units,
recreation areas, parking lot areas and islands that are landscaped
or unpaved, etc.
B.
Active recreational facilities shall be provided in accordance with § 203-158, as appropriate, in relation to the number of dwelling units proposed in the project.
C.
Except as provided for in Subsection C(1) (below) the developer shall be permitted to buy out of the active recreation obligation only in accordance with § 203-158I, however, recreation fees applicable to affordable units shall be 50% of the amount required by that section.
(1)
The recreation fees applicable to Block 1134
Lot 1 shall be as follows: market-rate units, $2,500/unit; affordable
units, $1,250/unit.
D.
The distribution of developed and undeveloped common
open space shall be designed to the maximum extent practicable to
coincide with the orientation of the housing units and the user population
in a manner that provides uninterrupted and easy access.
E.
Linkage of developed open space shall, to the maximum
extent practicable, be provided as a system of pathways (walkways,
bikeways, etc.) which connect developed open spaces.
F.
Development in the vicinity of undeveloped open space
shall be designed to protect the site's natural resources, animal
habitat, flood-prone areas, etc. The undeveloped open space shall
be utilized to provide protection for critical ecosystems within the
project site and to preserve in perpetuity the natural assets of the
project area.
G.
All open space shall be recorded in the master deed
for each project to reflect its permanency for such space. Such document
shall be submitted to the Planning Board prior to final approval.
A.
The maximum residential density shall be 5.45 dwelling
units per gross acre, provided that the net density shall not exceed
6.5 dwelling units per acre.
B.
Residential density shall be calculated using the
total gross area of the site, including areas used for neighborhood
commercial development.
A.
The minimum buffer between any residential lot and
adjacent roadway shall be 75 feet from an existing off-site arterial
roadway and 50 feet from an existing off-site local or collector street
or road.
B.
No principal or accessory building shall be located
within 40 feet of the property line of the site proposed for PVD development,
or within 40 feet of an internal collector street connecting to an
off-site collector or arterial roadway.
C.
Commercial structures, including mixed commercial
residential structures, shall be set back a minimum of 50 feet from
an existing off-site arterial roadway and 40 feet from an existing
off-site local or collector roadway.
D.
The minimum lot area, minimum lot widths, minimum
yard dimensions, minimum privacy yard areas and maximum lot coverage
specified in Table 1[1] shall apply to all residential development in a PVD.
[1]
Editor's Note: Table 1, Residential Housing Types in a Planned Village Development, is included at the end of this chapter.
A.
The minimum distance between residential buildings
of a similar type shall be as specified in Table 2.[1]
[1]
Editor's Note: Table 2, Building, Spacing, Length and Units in Planned Village Development, is included at the end of this chapter.
A.
Except as provided in Subsections B through E (below), the height of principal buildings shall not exceed three stories and 40 feet; provided, however, that three-story buildings containing two stories of apartments over a retail level shall be permitted as an element of a traditional main street design.
B.
The height of accessory uses shall not exceed one
story and 15 feet.
C.
Buildings containing age-restricted multifamily housing
with parking on the ground level with three residential stories above
shall not to exceed 45 feet from grade on the front facade and shall
not exceed 55 feet from grade on the rear facade, where the rear facade
grade is lower than that front facade grade, to permit parking entrances
and exits.
D.
Mechanical equipment may exceed building height by
five feet and shall be shielded from view to the maximum extent possible.
E.
The height of ornamental architectural structures
that are not intended for occupancy and are located in a common area
of the PVD (e.g., clock towers, etc.) shall not exceed 40 feet.
The following parking standards shall be required
for the specified uses listed in a planned residential development:
A.
Parking for the residential component of a PVD shall
be regulated by New Jersey Residential Site Improvement Standards.
B.
See § 203-60 for on-site parking requirements applicable to commercial and mixed commercial/residential uses.
C.
Off-street on-site parking facilities shall be limited
to passenger vehicles of permanent residents. Storage of trucks, boats,
trailers, etc., in multifamily projects shall be prohibited.
D.
Design controls applicable for off-street parking
facilities are set forth in the site plan and subdivision regulations
of this article.
E.
Parking for community buildings, if any, shall be
based upon one off-street on-site space per 120 square feet of building
area.
F.
Bike racks permanently in place shall be provided
at all recreational facilities based upon estimated user demand.
G.
Parking for recreational facilities shall be provided
based upon the need generated by individual facilities.
All planned residential developments are required to submit a detailed landscaping plan, prepared by a professional landscape architect, pursuant to requirements established in Article XIV, Environmental Review and Site Analysis.
A.
Landscaping objectives and uses of plants. Landscape
design is an important element in creating a well-conceived planned
residential development; accordingly, in site design it has a role
greater than just screening and aesthetic function. Thus, the following
elements are set forth to identify the areas of landscaping design
required as part of any planned residential development.
(1)
Architectural uses. Plants, singly or in groups,
form walks, canopies or floors of varying heights and densities creating
walls of privacy, plant canopies, plant floors, etc.
(2)
Engineering uses. Engineers are concerned with
such items as glare, traffic, noise control, soil erosion, etc. Utilizing
well-chosen and properly placed plant material, noise, soil erosion,
glare, etc. can be reduced.
(3)
Climate control uses. Shade trees, windbreak
trees and snowfence plants are examples of plants used for climate
control.
(4)
Aesthetic uses. Plants can be used to blend
together various unrelated elements, such as buildings, utility structures
or inharmonious land uses. Landscaping can be very effectively used
to improve a building design by complementing a building's design
through color, texture, seasonal configurations, highlighting areas
of interest using landscaping creatively with lighting and signage,
etc.
(5)
Water as landscape. Water areas can be a handsome
and often functional addition to a site design by utilizing detention
basins, serving engineering purposes, as part of the landscaping element.
Through creative engineering and good landscape design, such areas
can add substantially to the quality of any planned residential development.
(6)
Wildlife habitat. Wildlife habitat is an important
element in large tract development where large areas of open space
are to remain undisturbed. Designs must inventory this habitat and
assure its continuity, either through supplementing habitat, preserving
it or both. Accordingly, the design for development must address such
concerns with concrete alternatives.
B.
Planting requirements. All areas not covered by roadways,
pedestrian walkways, parking areas, etc. shall be landscaped with
natural materials according to a landscaping plan submitted as part
of the site plan application process. The minimum number of trees
planted in lots as buffers or in parking areas shall be as follows:
(1)
Canopy trees. There shall be a minimum number
of five canopy trees, three inches in caliper measured six inches
from the top of the root ball, per each proposed residential unit.
Clump or flowering trees incapable of being measured six inches from
the top of the root ball shall be at least 12 feet high at the time
of planting.
(2)
Shrubs and ornamental planting. (Note: The developer
shall select all plant material in this category from approved Pinelands
plant material. To assure variation, plant material shall include
at least four distinct categories of plants. Such plant material shall
be at least 40% mature at the time of planting.) The minimum number
of this type of plant material shall be 20 plants per dwelling unit
for townhouses and single-family housing types and 15 plants per unit
for garden apartments. The intent, however, is to assure the proper
uses of understory plant material along the edges of buildings, walkways,
bases of signs, bases of streetlights, creation of plant walls, highlighting
entranceways, restricting entry to certain areas, basic ornamental
planting, etc.
C.
Special landscaping emphasis. The following standards shall be supplemental to those requirements of Subsection B above in cases where the Board determines that such requirements have not been met through the minimum standards set forth in Subsection B.
(1)
Parking lots. All parking lots in a planned
unit development shall be landscaped in the following fashion:
(a)
At a minimum, every 10th parking space shall
be interrupted with a canopy tree three inches in caliper measured
six inches from the top of the root ball. Such tree shall be planted
at least four feet into an island perpendicular to the curb so that
it is clear of vehicle overhang and opening doors. The tree shall
be so positioned and the island designed so that the landscaping will
not interfere with pedestrian circulation.
(b)
All overhang areas shall be designed with a
hard surface from the outside edge of the wheel bumper (head of parking
stall to a distance of three feet beyond that point).
(2)
Dwelling unit to edge of parking. The area extending
between the wall of a dwelling unit to the edge of any parking area
shall be landscaped to achieve a visual separation with a combination
of hedges, shrubs, bollards or other similar techniques.
(3)
Dwelling unit to edge of street. The area extending
between any dwelling unit and street edge shall be landscaped with
screen, buffer or ornamental planting as required to provide an appropriate
transition between the two elements.
(4)
Privacy areas. The patio and similar areas designated
for privacy shall be landscaped with screen, canopy and ornamental
planting.
(5)
Maintenance, storage and refuse collection areas.
These areas shall be landscaped with buffer and screen plantings to
provide visual physical separation of such elements from contiguous
areas.
(6)
Landscaping for energy conservation. Landscape
planting generally throughout the site shall be utilized to provide
buildings with summer shade canopies, maximum winter exposure to sun,
windbreaks, etc.
(7)
Wildlife habitat. The utilization of landscape
planting to promote the creation and/or preservation of wildlife habitat
must take form at two levels. The first effort is required in the
areas referred to as "developed common open space." These include
parks, playgrounds, backyards, walkways, etc., in which plant material
selected to satisfy the needs of the human population can also have
food and shelter value for bird and small game species. The second
effort lies in the protection of the habitat value of the undeveloped
open space and augmenting such habitat with plant material that further
promotes food and shelter values.
(8)
Developed common open spaces. The developed
open spaces throughout any project area shall be landscaped according
to an overall plan incorporating existing plant material and supplementing
it.
(9)
Utility fixtures, such as transformers, heat
pumps, etc., throughout the site shall be screened with a combination
of fencing and landscaping.
(10)
The rear yard and first floor of the rear outside
wall of any single-family dwelling, attached or detached, must be
buffered/screened from the view of any street classified as a collector,
arterial, freeway or expressway.
D.
Maintenance of landscaped areas.
(1)
All landscaped areas shall be maintained in
a neat and professional manner throughout the life of the project,
to include the replacement of plant material as required.
(2)
The agency, office or person charged with such
responsibility shall be designated. All areas of the site plan to
be under a common association responsibility shall be designated on
the site plan.
(3)
Retention of native plant material. All efforts shall be made to retain natural plant material as required by § 203-182. Clearing shall be limited to roadways and building sites and other areas essential for the development pursuant to those sections relating to fire management and vegetation as provided for on the approved grading and soil erosion and sediment control plans.
(4)
Substitutions of existing plant material for
required landscaping. Subsequent to construction of each project phase,
the developer may request the Planning Board to verify the acceptability
of existing native plant material and its suitability as a substitute
for any proposed landscape plan.
(5)
Location of landscape material. All landscape
material shall be located so as not to obstruct vision in parking
areas, along roadways or in other areas accessible to motorized vehicles.
(6)
In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 203-185A(4).
Signs permitted in a PVD are identified in Article XIII, Signs, of this article. All signs utilized in a PVD shall, at a minimum, be consistent with the above section, as well as:
A.
A lighting plan shall be required for a PVD which adheres to the submission standards in Article XIV, Environmental Review and Site Analysis.
B.
At a minimum, lighting shall be provided for the following
functions and areas within a planned residential project. Types of
lighting required:
(1)
Streetlighting along all project streets.
(a)
Cutoff luminaire: not to exceed 25 feet in height.
Such luminaires are to be limited to the collector streets in project
areas.
(b)
No-cutoff luminaire: not to exceed 15 feet in
height. Such luminaires are to be limited to minor or local streets.
(c)
Luminaire with less than ninety-percent cutoff:
not to exceed 25 feet in height.
(d)
The average maintained illumination measured
at the pavement shall be 1.2 footcandles.
(2)
Pedestrian lighting shall be provided along
all walkways and areas frequented by pedestrian traffic that are not
adequately reached by other lighting sources. Pedestrian lighting
shall:
(3)
Security lighting shall be provided throughout
the site which shall:
(a)
Light all security-sensitive areas, such as
but not limited to areas between buildings, community buildings, pool
areas, recreational areas, etc., when not in use.
(b)
Light portions of bikepaths not lighted by other
sources.
(c)
Light addresses for individual buildings.
(d)
Light any areas deemed to require lighting for
unforeseen security purposes as recommended upon inspection of site
plans by the Hamilton Township Police Department.
(4)
Ornamental lighting shall be provided to highlight
key areas of projects, such as but not limited to entry points, landscape
clusters, etc.
(5)
Recreational area lighting shall be provided
for all recreational facilities incorporated as part of the recreational
plan for any project. Such lighting, at a minimum, shall be installed
to provide adequate illumination by which each designated recreational
activity can be safely carried out. In such cases, luminaires may
extend to a height of 50 feet as an exception to any regulations stated
herein.
(6)
All luminaires provided shall be vandalproof
and be oriented in such a fashion to preclude glare upon surrounding
properties or roadways, both in and contiguous to the site.
Fences permitted in a planned village development are identified in § 203-173, Maximum height requirements for fences, walls and hedges.
In the event that an applicant is unable to achieve the densities set forth in § 203-249A of this article because of the requirements of the section relating to wetlands protection, the Planning Board shall waive or vary such requirements of this article regarding distances between buildings and the required housing mixes as are necessary to allow the developer to achieve the densities authorized in § 203-249A. In administering this provision the applicant shall have the burden of demonstrating that the assigned densities are not achievable, and the Planning Board shall have discretion to determine which requirements of this section shall be waived or modified.
A.
Planned development: A development in the PVD Zone
District shall be considered a type of "planned development" and "planned
unit development" and shall be reviewed by the Planning Board in accordance
with the procedures specified in the Municipal Land Use Law for a
planned development at N.J.S.A. 40:55D-39.c., -43, and -45.
B.
General development plan: General development plan
approval, with vesting for 20 years, shall be available for a development
in the PVD Zone District.
C.
General development plan, land use plan: The land
use plan in the general development plan application shall identify
any area(s) that may change in use from all residential to nonresidential
or mixed residential and nonresidential.
D.
General development plan, housing plan: The housing
plan in the general development plan application shall address the
general locations of affordable housing units and how the construction
phasing requirements of applicable COAH rules will be met.
The Planning Board shall conduct its review
of any development application in PVD District in accordance with
the fast-tracking requirements of COAH rules, currently codified at
N.J.A.C. 5:94-8. The applicant for a development application in the
PVD Zone shall be entitled to invoke any rights conferred by COAH
rules, including the right to request relief from cost-generating
application requirements and development standards that are not essential
to protect the public health and safety and reasonable variances and
waivers necessary to construct the inclusionary development, in accordance
with N.J.A.C. 5:94-8. These waiver and variance provisions shall not
apply to development standards adopted by the Township that were established
by the New Jersey Pinelands Commission pursuant to N.J.A.C. 7:50-6
and the requirements for the purchase of PDCs.
