A.
This Part 4 shall be known and cited as the "Planned
Residential Development Ordinance of the Township of River Vale."
B.
The powers granted herein shall be exercised by the Township of River Vale through the Municipal Joint Planning Board, and the Joint Planning Board shall administer the provisions of this Part 4 in accordance with P.L. 1975, c. 291, Sections 33 and 52(c) [the Municipal Land Use Law, N.J.S.A. 40:55D-45 and 40:55D-65(c)].
B.
Zoning Map amendment. The Zoning Map of the Township
of River Vale, dated March 9, 1972, and prepared by T.E. Moore, AIP,
is hereby amended to include the Planned Residential Development Zone,
the boundaries of which are indicated thereon.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk. A Table of Zoning Map amendments is included as an attachment to this chapter.
The purposes of this district are those set forth in Part 9, Zoning, of this chapter and are designed to protect and enhance the general welfare by aiding, encouraging and regulating the most appropriate use of land in the municipality. Such purposes also are intended to:
A.
Increase the amount and broaden the variety of housing
in the Township, thereby providing housing for smaller family units,
senior citizens and other people with a wide variety of economic needs
and social desires.
B.
Guide development in types, amounts, intensities and
areas considered appropriate in relation to the present and future
overall development of River Vale in accordance with the Township's
Master Plan and in particular with the land-use-plan element of the
Master Plan.
C.
Foster and support the functional, aesthetic and economic
revitalization and renewal of the Four Corners area.
D.
Provide for a safe and convenient pattern of traffic
circulation, including roads, sidewalks and bicycle paths.
E.
Minimize the impact or natural resources.
F.
Promote functionally and aesthetically good design
and promote a desirable visual environment.
G.
Encourage and promote flexibility and economy in layout
and design of residential and related land uses.
H.
Promote an enjoyable and desirable visual environment
as an aid to healthful, peaceful and pleasant living.
I.
Coordinate development procedures by the comprehensive
statement of subdivision, site plan and zoning regulations.
J.
Encourage innovations in residential development so
that the growing demands of the population may be met by greater variety
in type, design and layout of buildings and by the conservation and
more efficient use of natural resources and open space ancillary to
said buildings.
K.
Encourage a procedure which can relate the type, design
and layout of residential development to the particular site and the
particular demand at the time of the development in a manner consistent
with the preservation of the property values within established residential
areas.
L.
Ensure that the increased flexibility of substantive
regulations over land development is subject to such administrative
standards and procedures as will encourage the disposition of proposals
for land development without undue delay.
The definitions set forth in Part 1, Land Use Generally, of this chapter shall apply to the terms herein provided unless the context clearly requires otherwise, and the following additional definitions shall apply with respect to the additional terms set forth in this Part 4:
One or more parcels of land and/or water within a planned
residential development site, designed and intended primarily for
the use and enjoyment of the residents therein. Such areas may contain
such complementary structures and improvements for active or passive
recreational pursuits as are necessary and appropriate for the benefit
and enjoyment of the residents of the planned residential development.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of interior walls in
a building. Floor area shall not include areas devoted to mechanical
equipment serving the buildings, stairways and elevators, areas devoted
exclusively to off-street parking and loading space for motor vehicles
and to any space where the floor-to-ceiling height is less than seven
feet.
The legal or beneficial owner or owners of all the land proposed
to be included in a planned development. The holder of an option or
contract to purchase or other person having an enforceable proprietary
interest in such land shall be deemed to be a landowner for the purpose
of this Part 4.
Any parcel or area of land or water essentially unimproved
and approved by the Joint Planning Board to be set aside, dedicated,
designated or reserved for public or private use or enjoyment or for
the use and enjoyment of owners and occupants of land adjoining or
neighboring such open space, provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land. It may include common recreation areas, woodland
areas, parks, playgrounds, golf courses, tennis, squash and similar
courts, skiing and skating facilities, nature trails, lakes and swimming
pools, camping facilities and other similar open space, including
walkways and sidewalks.
The written and graphic provisions for development of a planned
residential development, including a plat of a subdivision; all covenants
relating to use, location and bulk of buildings and other structures;
intensity of use or density of development; public and private streets,
ways and parking facilities; common open space; and public facilities.
The phrase "provisions of the plan," when used in this Part 4, shall
mean the written and graphic materials referred to in this definition,
the developer's agreement, the minutes and resolutions of the Joint
Planning Board, the application and the plan itself.
An area with a specified minimum contiguous acreage of five
acres or more, to be developed according to a plan or plans containing
one or more residential clusters, which may include appropriate recreational,
accessory or public or quasi-public uses all primarily for the benefit
of the residential development. Contiguous areas within the Planned
Residential Development District proposed to be separately managed,
owned or operated may be independently processed and approved as planned
residential developments, provided that an agreement exists between
developers for joint development of specified common features and
common public improvements in areas aggregating five acres or more,
that the arrangements made for common features and mutually required
public improvements are approved in advance by the Joint Planning
Board, and further provided that the developer's agreements and performance
guaranties identify clearly the extent of the separate and common
undertakings and the respective liabilities thereunder. Subdivision
into lots or separate ownership of less than five acres, however,
shall not be deemed prohibited, provided that the planned residential
development otherwise meets the criteria of this definition. Subdivision
and separate ownership of single-family detached dwellings on lots
that comply with the lot width, lot size and road frontage requirements
applicable in A Residence Districts shall also not be deemed prohibited,
although less than five acres in size, provided that the criteria
of this definition are otherwise complied with.
A building or structure designed for permanent occupancy
by no more than three persons, at least one of whom is a head of the
household and has attained the age of 52 years, and in which actual
occupancy and use are confined accordingly, consistent with all federal
and state standards, laws, rules and regulations. No restrictions
shall be placed by the landowner on the ages of the other members
of a senior citizen family unit, and no provision hereof shall be
deemed to prevent future occupancy or ownership entirely by persons
less than 52 years of age by virtue of sale, inheritance, devise,
gift or other transfer or disposition, directly or indirectly, by
or from a senior citizen, provided that full-time occupancy of a senior
citizen unit under all circumstances shall be limited to three persons
or fewer.
A site, inclusive of lands dedicated or proposed for interior
streets or other public purposes and inclusive of that portion of
external streets to be dedicated for any public purpose (municipal,
county or state) under the terms and conditions of site plan review.
A site, exclusive of lands dedicated or proposed for streets
or other public purposes and so designated by the Joint Planning Board.
A building or structure designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls (which shall be of
masonry construction) extending from the foundation to the underside
of the roof and providing two direct means of access from the outside.
Furthermore, each such dwelling unit shall be provided with cooking,
sleeping and sanitary facilities for the use of each family or household
of the townhouse. For the purpose of this Part 4, a townhouse may
include a building or structure in fee simple, condominium, cooperative
or leasehold ownership or any combination thereof. The Joint Planning
Board, on site plan review, shall be empowered to limit the number
of townhouse units per structure based on the fire, building and planning
reports filed in respect to the site plan application.
