[Amended 5-1-1979 by Ord. No. 0-79-8]
To encourage and promote flexibility and economy
in layout and design through the use of planned development, the provisions
of this article shall be applicable to planned development and, to
the extent provided in this article, shall constitute special provisions
applicable thereto and variations from the ordinary standards otherwise
applicable to subdivisions and site plans and the approval thereof.
The uniqueness of each proposal for a planned
development may require that the requirements relating to streets
and roads, alleys, ways for public utilities, for parking, curbs,
gutters, sidewalks, streetlights, public parks and playgrounds, school
grounds, stormwater drainage, water supply and distribution, sanitary
sewers and sewage collection and treatment shall be subject to modification
from the requirements established in this chapter and in other Township
ordinances. The Planning Board may therefore waive or modify the requirements
otherwise applicable for a particular facility where the Planning
Board finds that such requirements are not necessary in the interest
of the residents, owners, tenants and occupants of the planned development
and their employees and that the waiver or modification of such requirements
is consistent with the interests of the entire Township. Proposed
requirements and standards which are inconsistent with those required
under the prevailing Township ordinances shall be determined acceptable
upon approval by the Planning Board.
A.
Various types of planned developments listed as conditional
uses in certain districts herein may be permitted by the Planning
Board only after it has determined that the development proposal complies
with the conditions and standards set forth in this section, notwithstanding
other applicable regulations of this article or additional conditions
for the particular planned development.
B.
Prior to approval of any planned development, the
Planning Board shall conduct a study as required by N.J.S.A. 40:55D-45,
Findings for planned developments, and reach the following facts and
conclusions:
(1)
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conforming
to the zoning standards applicable to the planned development.
(2)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(3)
That provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(4)
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
(5)
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
C.
To the extent that tentative or conceptual approval
or final approval of a plan of development for a site or portions
thereof (including site plans and subdivision plats) proposed to be
developed as a planned development shall have been granted under the
provisions of the PMUD Ordinance or the PCD Ordinance[1] which were in effect prior to the enactment of this chapter,
the developer shall not be obliged to submit another application for
development with respect to matters previously approved.
D.
If the developer of a planned development shall submit
an application for development requesting a substantial variation
in the plan of development for the site being developed as a planned
development, the tentative or conceptual approval with respect to
which was granted prior to the enactment of this chapter pursuant
to the provisions of the PMUD Ordinance or the PCD Ordinance which
were in effect prior to the enactment hereof, then after all required
notices of such application are given and a public hearing on such
application is held, the Planning Board shall make the findings of
fact and conclusions set forth above in this section as to the proposed
substantial variation from the tentative or conceptual approval previously
granted in relationship to the entire plan of development prior to
the approval of any such substantial variation.
In the review of site plans for a planned residential
neighborhood (PCD), in addition to the site plan criteria established
in preceding articles of this chapter, the following principles shall
also apply:
A.
Utilities to be constructed within and to serve a
PCD shall be underground.
B.
Consideration shall be given to the preservation and
conservation of natural features, including large trees, groves, waterways,
aquifer recharge areas, scenic or historic points or other community
assets within the PCD.
C.
All portions of the PCD not to be covered with buildings
or other impermeable surfaces and not to be retained in a natural
state shall be landscaped. The protection of wooded areas, specimen
trees of five-inch caliper or over, and vegetation suitable for buffer
strips within the development shall be a factor in determining the
location of open space, buildings, underground services, walks, paved
areas, playgrounds, parking areas and finished grade levels.
D.
In residential areas, reverse frontage lots shall
be avoided except in cases where proximity to major highways necessitates
such location. In such cases, the lot should normally front on the
minor road and be screened from the major road by suitable planting.
E.
The street system may utilize, where proper, culs-de-sac,
loop streets and P-loops and other suitable forms of street layout.
(1)
When a cul-de-sac is used in designated residential
areas, it shall be provided with a paved turning circle of sufficient
width to facilitate snow removal and to permit easy access for fire-fighting
equipment and general truck delivery.
(2)
The maximum length of a cul-de-sac shall be 600 feet
to the turning circle. This distance may be increased to 800 feet
if an emergency vehicular access and pedestrian walkway of at least
10 feet in width is provided from the head of a cul-de-sac providing
direct access to the adjacent street.
(3)
Any cul-de-sac shall be readily identifiable as such
by traffic moving on the collector street to which it is connected.
Culs-de-sac shall not be located so as to appear to terminate collector
streets.
(4)
P-loops should have an entrance leg not exceeding
200 feet. The loop of a P-loop shall have a street length not exceeding
1,000 feet.
F.
In any PCD development the street system shall be
integrated with the existing network of streets so that there are
at least two points of access. When a PCD is to be developed in sections,
each section shall provide two points of access, one of which may
be temporary and for emergency access.
G.
Pedestrian circulation separated from vehicular circulation
should be encouraged, either in a separate right-of-way or by grass
strips, planting or other protective barriers.
In the site Planning and layout of a PCD planned
unit development, or of multifamily and higher density residential
sections within the PCD, the following principles, as appropriate,
should be followed:
A.
For townhouse-style or similar attached structures,
a maximum of 10 dwelling units in a single row with a minimum offset
of two to four feet between every two dwelling units should be encouraged.
No more than six dwelling units should be permitted in a straight
line. The planes of other straight facades should be no more than
80 feet in length without at least a two-foot offset. Townhouses should
be grouped in clusters (e.g., buildings arranged in a row or L-shaped
or U-shaped groupings). Private parking areas should be located near
the entrances and outdoor living areas or patios adjoining open space
or paths leading to open space. Dwelling units should not front on
a through street. Townhouses and similar-style structures in each
cluster should be consistent in terms of architectural style and major
design elements such as materials, color tones, windows, rooflines
and/or roof design.
B.
The site plan should be broken into visually small
groupings such as quadrangles, clusters and courts. Devices to slow
speed and reduce the size of each visual grouping, such as garden
walls and gates, reduction in setbacks of facing buildings and variable
landscape layout, are encouraged.
C.
No more than five freestanding houses should be placed
in a row with the same setback from a straight street line.
D.
Visually repeated elements should be avoided. The
use of curved streets or a variety of architectural design or landscaping
to avoid a view of more than three identical structures from any single
point on a street should be encouraged.
E.
Each garden apartment or similar multifamily structure
should be limited to a maximum eight dwelling units per floor or 24
units per building and a length of 190 feet. Such structures should
be grouped in clusters of consistent architectural design. A minimum
of two-foot building offset should be encouraged for every two ground
floor dwelling units.
F.
Special attention shall be given to proper site surface
drainage so that removal of surface waters will not adversely affect
neighboring properties or the public storm drainage system.
G.
The size, location, design, color, texture, lighting
and materials of all temporary and permanent signs and outdoor advertising
structures or features shall not detract from the design of proposed
buildings and structures and the surrounding properties.
H.
Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures shall be subject to such
setbacks, screen plantings or other screening methods as shall reasonably
be required to prevent their being incongruous with the existing or
contemplated environment and the surrounding properties.
I.
Adequate provision shall be made for a sewage disposal
system which shall be of sufficient size, capacity and design to collect
and dispose of all sewage from all present and proposed buildings
in the PCD planned unit development and which shall be otherwise constructed
and maintained in conformity with all applicable state, county and
municipal regulations and requirements.
J.
Adequate provision shall be made for a storm drainage
and surface water detention system which shall be of sufficient size,
capacity and design to collect, carry off and dispose of all predictable
surface water runoff within the PCD planned unit development and which
shall be otherwise constructed and maintained in conformity with all
applicable state, county and municipal regulations and requirements.
K.
Adequate provision shall be made for a water system
which shall be of sufficient size, capacity and design to supply potable
water and fire protection to each of the buildings within the PCD
planned unit development and which shall be otherwise constructed
and maintained in conformity with all applicable state, county and
municipal regulations and requirements.
L.
Adequate provision shall be made for the collection
and disposal and, where possible, recycling of garbage, trash and
solid waste generated by the PCD planned unit development, and such
system shall be maintained in conformity with all applicable state,
county and municipal regulations and requirements.
M.
In the event that the PCD planned unit development is to be constructed in sections over a period of years, then the provisions for the sewage and garbage disposal, storm drainage and water supply and for interior roads, specified in Subsections I, J, K, L and M of this section, need to be adequate only in respect to the sections of development which have previously received final approval and the section of development for which final approval is being sought. The developer shall supply to the Planning Board information disclosing such adequacy and obtain the Planning Board's approval thereof.
N.
Except as otherwise provided in this section, there shall be no minimum lot area, width or frontage, no minimum building setback, no maximum percentage of lot coverage, no requirement as to front, side or rear yards and no requirement concerning the location of accessory buildings or structures for any land use in a PCD planned unit development. However, no plan for a PCD planned unit development shall be approved unless the lot areas, widths, depths and frontages, building setbacks, percentages of lot coverage, front, side and rear yards and locations of accessory buildings or structures provided for in the site plan and subdivision plan are consonant with the public health, safety and general welfare, nor shall regulations otherwise applicable to temporary or permanent signs, except as indicated below, apply to such signs relating to uses permitted in a PCD planned unit development; the standards applicable to such signs set forth in subsection G of this section shall, however, be observed. Temporary signs erected to advertise the sale or lease of any structure in nonresidential use or any portion thereof shall comply with the requirements set forth in § 101-157B(6) of this chapter.
[Amended 12-12-2007 by Ord. No. 0-07-24]
O.
No building or structure, other than entrance gatehouses,
walls, fences, carports or signs, shall be located within 50 feet
of any exterior boundary line of the PCD planned unit development.
A.
The minimum number of parking spaces for uses permitted
in a PCD planned unit development shall be 1.25 spaces for a one-bedroom
unit, 1.75 spaces for a two-bedroom unit and two spaces for a three-bedroom
unit or fraction thereof.
A.
Except as otherwise provided in Subsection B of this section, in a PCD Planned unit development, in order to provide for privacy, daylight needs and orientation, proper spacing and building relationships should be maintained between similar structures, except single-family houses, in development groups of more than one building or structure on a tract. These guidelines shall not be regarded as inflexible nor shall they be applied in a manner that will adversely affect full implementation of a plan of development, including any amended plan that has or shall hereafter receive conceptual approval. However, the attainment of these guidelines shall not be considered justification for building placement and proper site plan design without other considerations set forth in this chapter. The following distances should be encouraged:
(1)
End wall to end wall: 1/2 the height of the highest
wall (12 feet minimum).
(2)
Any building face to street curb: the height of the
highest wall (20 feet minimum).
(3)
Any building face to parking area: 1/2 the height
of the highest wall (12 feet minimum).
(4)
End wall to window wall: 1 1/2 the height of
the highest wall (30 feet minimum).
(5)
Window wall to window wall: three times the height
of the highest wall (75 feet minimum).
B.
Where buildings of different types will be developed
as a single development group, such as single-family and townhouses
or residential and nonresidential uses, an appropriate buffer shall
be used. This may include fencing, facing similar uses with each other,
natural areas, parks or recreation facilities, or uses providing gradual
density changes between the two dissimilar uses. Actual building spacing
between the two types of uses may be equal to the actual height of
the lower density use times the difference in the net density of the
two uses. A minimum of 125 feet may be provided if a minimum twenty-five-foot
planted landscape buffer is included within the minimum spacing between
buildings.
C.
The provisions of Subsection B above shall not apply to any development for which a plan of development shall have been granted conceptual approval under the former provisions of the PCD Ordinance in effect at the time of such approval or to any development with respect to which an application for amendment of the conceptual plan of development (including expansion of the site proposed to be developed as a PCD planned unit development) has been made prior to the enactment of this article.[1]
[1]
Editor's Note: The term "article" refers to
Ord. No. 0-78-8, adopted 5-1-1979.
A.
General requirements.
(1)
In the designation of common open space areas, consideration
shall be given to providing for continuity of open space between sections
of a development and between open space within a development and open
space on adjacent lands. Open space shall be so distributed throughout
the development that there is a hierarchy of activities from preservation
areas to passive open space adjacent and between each residential
cluster. Designating all open space in one portion of a development
is to be discouraged.
(2)
In a PCD planned unit development, usable recreation
space should be provided for active recreation within 1/4 mile of
all units. Part of this may be a lake or a pond having a substantially
constant water level, but excluding therefrom detention and retention
basins. Any larger preservation spaces shall still be contiguous to
and directly related to dwelling structures. Usable recreation space
may be improved with facilities for swimming pools, tot lots, playgrounds
and quiet outdoor sports such as, but not limited to, tennis, paddle
tennis, golf, baseball, basketball, soccer, lacrosse and the like,
and accessory buildings such as clubhouses and pavilions.
(3)
Passive recreational facilities shall be carefully
oriented.
(4)
The common open space shall be set aside for the use
and benefit of the owners, residents and occupants of the planned
development.
B.
Open space design standards. The following recreational
facilities should be considered as part of any, but not necessarily
all, PCD planned unit developments:
(1)
Trails and bikeways used to connect open space between
recreational facilities and between buildings and other uses.
(2)
Playlots, with a minimum of 2,000 square feet for
toddlers and up to 5,000 square feet for older children, primarily
used by preschool-aged children. Facilities shall include swings,
slides, play sculptures and benches for parents. The effective service
radius of one lot shall be 1/8 to 1/4 of a mile. There shall be approximately
one playlot for each 400 persons or 100 children.
(3)
Playgrounds, designed for a variety of uses, with
equipment to reflect the patronage: sandboxes and play sculpture for
young children, basketball courts or backboards for older youths,
paved areas for various activities and shuffleboard and sunny and
quiet areas for the elderly. The size of playgrounds should be based
on population as follows:
|
Population
|
Size
(acres)
|
|---|---|
|
2,000
|
3.75
|
|
3,000
|
4.0
|
|
4,000
|
5.0
|
|
5,000
|
6.0
|
(4)
Tennis. There should be one court for each 100 dwelling
units. Parking should be provided on the basis of four per court.
(5)
Swimming pools. Three square feet of pool area for
each resident above three years of age should be provided. Wading
pools should be provided.
C.
Dedication to public use. Land located within a planned development may, subject to the approval of the Planning Board, be dedicated to public use, and the Township of Plainsboro or other governmental agency may at any time or from time to time accept the dedication thereof or any interest therein for public use and maintenance. Land dedicated for public use and maintenance for recreational or conservational purposes shall be deemed land devoted to common open space for the purpose of satisfying the requirements set forth in Chapter 101, Zoning, §§ 101-140A and B and 101-130. Nothing herein contained, however, shall be deemed to be a requirement, as a condition of the approval of a planned development, that land proposed to be set aside for common open space be dedicated or made available to public use.
D.
Ownership and maintenance.
(1)
The developer shall provide for an organization for
the ownership and maintenance of any common open space for the benefit
of owners, residents and occupants of the planned development if said
common open space is not dedicated to the Township of Plainsboro or
other governmental agency. The developer may comprise such organization.
Any such organization shall not be dissolved and shall not dispose
of any common open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the common open space
for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its common open space
without first offering to dedicate the same to the Township of Plainsboro.
(2)
In the event that such organization shall fail to
maintain the common open space in reasonable order and condition,
the Township Committee of the Township of Plainsboro may serve written
notice upon such organization or upon the owners of the planned development,
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
35 days thereof and shall state the date and place of a hearing thereon,
which shall be held within 15 days of the notice. At such hearing,
the Township Committee may modify the terms of the original notice
as to deficiencies and may give a reasonable extension of time, not
to exceed 65 days, within which they shall be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the Township of Plainsboro, in order to preserve the common open space
and maintain the same for a period of one year, may enter upon and
maintain such land. Said entry and maintenance shall not vest in the
public any rights to use the common open space except when the same
is voluntarily dedicated to the public by the owners. Before the expiration
of said year, the Township Committee shall, upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the common open space, call a public hearing upon 15
days' written notice to such organization and the owners of the planned
development, to be held by the Township Committee, at which hearing
such organization and the owners of the planned development shall
show cause why such maintenance by the Township of Plainsboro shall
not, at the election of the Township of Plainsboro, continue for a
succeeding year. If the Township Committee shall determine that such
organization is ready and able to maintain said common open space
in reasonable condition, the Township of Plainsboro shall cease to
maintain said common open space at the end of said year. If the Township
Committee shall determine such organization is not ready and able
to maintain said common open space in a reasonable condition, the
Township of Plainsboro may, in its discretion, continue to maintain
said common open space during the next succeeding year, subject to
a similar hearing and determination in each year thereafter. The decision
of the Township Committee in any such case shall constitute a final
administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township of Plainsboro
shall be assessed pro rata against the properties within the planned
development that have a right to enjoyment of the common open space
in accordance with assessed value at the time of imposition of the
lien, and such cost shall become a lien and tax on said properties
and be added to and be a part of the taxes to be levied and assessed
thereon and enforced and collected with interest by the same officers
and in the same manner as other taxes.
E.
Timing of open space development. Al proposed improvements
of the common open space in a PCD planned unit development, as indicated
on the final plan of a development application, including recreational
facilities, buildings and landscaping, shall be completed before more
than 25% of the certificates of occupancy will be granted. In the
case of a development staged over time utilizing common open space
areas, the extent of completion of such areas shall be calculated
on a proration of extent of completed residential units to total residential
units proposed for the planned development. Where development is primarily
nonresidential in nature, the proration shall be calculated on the
extent of nonresidential building square footage to total nonresidential
square footage proposed for the development. This ratio shall be applied
against the total common open space and attendant facilities and buildings
and a determination shall be made by the Construction Official as
to the extent of common open space improvements completed.
In the event of any proposed conveyance or transfer
of fee simple ownership of a substantial portion of planned development
property, excluding the transfer of fee simple ownership of individual
dwelling units, the Planning Board shall be given notice of such intended
conveyance or transfer prior to any actual transference thereof. Such
notice shall be accompanied by the following information:
In reviewing all site plans and subdivision plats relating to a PMUD planned unit development, the Planning Board shall use the standards and criteria set forth in § 101-141 of the Zoning Ordinance.[1] The provisions set forth in §§ 85-58 through 85-61 and § 85-62A, B and E shall not apply to a PMUD planned unit development.
The developer may submit to the Planning Board
subdivision plats and site plans for approval of one or more portions
or sections of the planned development proposed to be developed, any
one or more of which may be a single lot. There may be a requirement
that some nonresidential uses be built before, after or at the same
time as the residential uses, or a requirement of timing of development
among the various types of uses permitted in a planned development
and the subgroups thereunder. The Planning Board may allow for a greater
concentration of density or intensity of land use within a section
or sections of the planned development, whether it be earlier, later
or simultaneous in the development, than in other section or sections.
The Planning Board may permit minimal deviations
from the conditions of preliminary approval previously granted to
applications for approval of subdivision plats and site plans of a
section or sections of a planned development necessitated by change
of conditions beyond the control of the developer since the date of
preliminary approval without the developer's being required to submit
another application for preliminary approval of such subdivision plats
and site plans.
