This zone is designed for single-family attached,
single-family detached and multifamily residence uses in a planned
integrated balanced development in accordance with the requirements
hereinafter set forth:
The following uses are also permitted:
A.Â
In single-family detached dwellings:
(1)Â
The office of professional persons, provided that
such professional person resides on the premises. Not more than two
persons, other than the resident of the premises, may be employed
by such professional person, and not more than 1/2 of the floor area
of one story of the dwelling unit shall be devoted to such use. No
use permitted by this subsection shall result in any permitted professional
use operating in this zone in other than a building strictly residential
in appearance. Except for permitted signs, there shall be no physical
evidence of said use visible from the exterior of the building so
used; or
(2)Â
Home occupation, provided that not more than 1/2 of
the floor area of one story or the basement shall be devoted to such
use, or, if conducted in an accessory building, the area of such use
shall be limited to not more than 1/2 of the floor area of the principal
structure. No merchandise or materials, either assembled or unassembled,
shall be received into the residence or accessory structure for the
purpose of merely storing and/or reselling. No machinery or equipment
shall be used except machinery or equipment which is usually found
in the home and which will not cause electrical or other interference
with radio and/or television reception. No use permitted by this subsection
shall result in any use operating in this zone in other than a building
strictly residential in appearance. Except for permitted signs, there
shall be no physical evidence of said use visible from the exterior
of the building so used.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article XVI, Conditional Uses:
Accessory uses customarily incident to the above
uses shall be permitted, provided that they do not include any activity
commonly conducted for profit. Accessory uses specifically permitted
are:
A.Â
The following general development standards shall
be met in the Planned Low-Density Residential Development Zone:
(1)Â
The total minimum tract size shall be at least 25
contiguous acres.
(2)Â
The minimum tract area for open space shall be 35%
of the total land area.
(3)Â
All public utilities shall be installed in accordance with Chapter 244, Subdivision of Land and Site Plan Approval.
(4)Â
The minimum tract width shall be 300 feet, and the
minimum tract depth shall be 500 feet.
(5)Â
The maximum building coverage shall be 20% of the
total area of the tract.
(6)Â
The minimum distance between multifamily buildings
and other multifamily buildings or detached dwelling units shall be
no less than 50 feet, as measured to the closest point.
(7)Â
The design layout of buildings shall provide, where
possible, that the front of one building does not face the back of
another building or accessory building.
(8)Â
The minimum distance of buildings from interior street
or driveway shall be no less than 30 feet.
(9)Â
The minimum distance of any building from an on-site
parking lot, garage or other accessory building shall be not less
than 20 feet.
(10)Â
Buildings shall not exceed two stories or 35
feet in height, whichever is lesser. The height shall be measured
from ground level or finished grade to the highest point on the roofline.
(11)Â
The means of traffic ingress and egress shall
comply with the standards for access to a major subdivision.
(12)Â
The points of ingress and egress shall not be
located within 100 feet of an existing intersection.
(13)Â
Interior streets, roads, sidewalks and driveways shall comply with the improvement and design standards established in Chapter 244, Subdivision of Land and Site Plan Approval, and amendments thereto.
(14)Â
All interior streets, roads and driveways shall
contain curbs, gutters and sidewalks.
(15)Â
Pedestrian sidewalks shall also be provided
in other suitable locations wherever normal pedestrian traffic will
occur and in order to handle the pedestrian traffic which the development
will create.
(16)Â
Buildings may be owned either in the conventional
manner or as a condominium, provided that the two types of ownership
shall not coexist in any tract.
(17)Â
Townhouses and garden apartment units shall
not be permitted in the same building with each other.
(18)Â
The maximum overall tract density, which excludes
the area reserved for open space, shall not exceed two dwelling units
per acre.
(19)Â
In any planned low-density residential development,
no one housing type shall exceed 50% of the housing units contemplated.
(20)Â
Solar access.
B.Â
Townhouses, minimum standards. The following minimum
standards for townhouses shall be met in the PLD Planned Low-Density
Residential Development Zone:
(1)Â
No townhouse cluster shall contain more than four
dwelling units, nor exceed 80 feet in length. Each townhouse unit
shall have at least two entrances. Common entrances shall be prohibited.
(2)Â
Each townhouse shall have two exterior exposures which
are nonadjacent with at least three windows and one door in each such
exposure. No area of any townhouse unit may be above or below any
portion of any other adjacent townhouse unit.
(3)Â
Each townhouse shall have private yards, contiguous
to both exterior exposures. Each yard shall have a minimum width,
equal to the width of the townhouse along the exposure the yard adjoins,
and a minimum depth of 20 feet, measured perpendicular to such exposure.
(4)Â
Townhouse rear yards may be fenced, provided that
such fencing does not exceed three feet in height.
(5)Â
The front yard of the tract to the building setback
shall be 100 feet.
(6)Â
The two side yards of the tract to the principal building
setback shall be 75 feet each.
(7)Â
The rear yard of the tract to the principal building
setback shall be 75 feet.
(8)Â
Each townhouse shall contain a minimum floor area
of 800 square feet.
C.Â
Single-family detached dwellings, minimum standards.
The following minimum standards for single-family detached dwellings
shall be met in the PLD Planned Low-Density Residential Development
Zone:
(1)Â
Each lot shall have a minimum area of 5,000 square
feet.
(2)Â
Each lot shall have a minimum of 50 feet of road frontage
on a single road.
(3)Â
Each lot shall have a minimum depth of 100 feet.
(4)Â
Each lot shall have two side yards, a minimum of 10
feet each.
(5)Â
Each lot shall have a minimum front yard of 40 feet.
(6)Â
Each lot shall have a minimum rear yard of 30 feet.
(7)Â
Each single-family detached dwelling shall contain
a minimum floor area of 800 square feet.
(8)Â
The principal structure shall cover a maximum of 25%
of the total lot area.
(9)Â
Usual and customary accessory structures may be constructed
in the side and rear yard areas of a lot, provided they are not located
within 10 feet of a lot boundary.
[1]
Editor's Note: Former § 300-48,
Off-street parking, was repealed 11-8-2004 by Ord. No. 2004-25.
Arable soil shall not be removed from the tract
during construction but shall be stored and redistributed on the site.
Arable soil shall be regraded on site to a minimum depth of six inches.
Such areas shall be stabilized by seeding or planting in accordance
with the approved landscaping plan.
Each structure within the development shall
have a compatible architectural theme with the variations and designs
to provide an attractiveness to the development which shall include
consideration of landscaping techniques, building orientation to the
site and to other structures, topography, natural features and individual
dwelling unit design such as varying unit widths, staggering unit
setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facade, singularly or in combination for each dwelling
unit.
A.Â
Areas considered open space.
(1)Â
Open space in satisfaction of this chapter shall consist
of vacant ground and lands improved and having structures situated
thereon as previously approved by the Board, which lands and buildings
shall be available for parks or other recreational uses acceptable
to the Planning Board, pursuant to this chapter, and in harmony with
the uses of adjacent and nearby properties.[1]
(2)Â
No more than 50% of any water areas such as lakes,
ponds, streams, swamps or brooks shall be recognized in this computation,
to assure compliance with the requirements for usable open space for
all purposes and pursuits. In determining the area of any of the aforesaid,
water area, floodplains and areas where the seasonal high water table
reaches zero feet shall be deemed to be included in such water area.
B.Â
Areas not considered as open space. Open space land
in satisfaction of this chapter shall not include yard areas, land
area within the right-of-way of public or private streets, the land
area between walkways, sidewalks and buildings wherein the principal
use of such land is to provide for pedestrian traffic to and from
buildings.[2]
Open space areas in a planned low-density residential
development shall be located in accordance with the following standards:
A.Â
Streams and their floodplains, natural wetland areas
with slopes in excess of 15% and any other environmentally sensitive
areas in the tract shall be included in open space areas.
B.Â
Any unique or unusually attractive feature of terrain
or vegetation, such as scenic overlooks, level open areas suitable
for playing fields, stands of large trees or areas of particular value
as wildlife habitat, shall be included in open space.
D.Â
No individual area devoted to open space shall be
less than one acre in area or less than 50 feet in width, at its narrowest
point; however, at least 1/3 of the area shall be at least 100 feet
in width.
A.Â
Natural areas. A minimum of 20% of the open space
in a planned low-density residential development shall be designated
and maintained as a natural area.
(1)Â
Clearing of brush and dead timber shall be required
where necessary to eliminate fire hazard.
(2)Â
Clearing of obstructions or jams from streams or waterways
shall be required where necessary to ensure unimpeded flow, provided
that no channelization shall be permitted.
(3)Â
Hiking or bicycling trails and bridle paths may be
constructed and maintained.
(4)Â
Tree stands and blinds may be constructed and maintained.
(5)Â
Chemical agents may be used to control weed growth
or algae bloom or for fish management in lakes and ponds.
(6)Â
Natural areas shall otherwise be maintained and undisturbed
in their natural state. No garbage or debris shall be permitted to
accumulate except that leaves, grass and shrub clippings may be deposited
in properly located and maintained compost heaps.
B.Â
Use of natural areas. Use of natural areas shall be
restricted to hunting, fishing, bird watching, hiking, cycling and
boating and jogging.
C.Â
Use of machinery and engines. No chemically powered engines shall be used in a natural area, except for the performance of functions designated in Subsection A herein.
D.Â
Active recreation areas. A minimum of 50% of the open
space in a planned low-density residential development shall be improved
and maintained as an active recreation area.
E.Â
Use of active recreation areas. Use of active recreation
areas shall be limited to athletic fields and courts, golf courses,
equipped playgrounds, swimming beaches and pools, picnic tables, fireplaces,
boat docks or boathouses and the like.
F.Â
Location. An area devoted to active recreation shall
not be located within 100 feet of the tract boundary or the boundary
of a planned low-density residential lot.
G.Â
Landscaping. Active recreation areas shall be planted
and landscaped so as to provide proper ground cover and neat appearance.
Such plantings shall be maintained and trimmed so as to continue to
provide proper ground cover and free use of the area for its intended
purposes. No areas of bare dirt shall be permitted except for properly
maintained basepaths or infields on a baseball field, clay tennis
courts, sand bathing beaches or the like.
H.Â
Maintenance. All playing surfaces, fences and other
improvements or equipment in active recreation areas shall be maintained
in good repair.
Every structure or group of structures and uses
and every designed plot area or cluster unit which has services, facilities
or utilities in common, private usage and in common ownership or control
by its occupants or which functions as an independent corporate property
owner or agent of management shall be located upon and within a lot
or plot of land which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management, as may be established by ownership
in full or partial fee or lease under deed covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefor. A description or plan of each such lot or plot
shall be filed separately or as part of the descriptive maps of a
PLD planned low-density residential development with the City Tax
Assessor.
In any approved development, as provided for
in this section, the following standards shall apply in addition to
all other standards contained in this chapter. In cases of conflict,
provision of this section shall apply.
A.Â
Water and sewer services. Water and sewer services
shall be constructed in accordance with applicable regulations of
the Public Utilities Commission and in accordance with all state,
county and municipal regulations. In the event of conflict between
the various codes and requirements of such entities, the most restrictive
regulations shall govern.
(1)Â
Central sewage disposal plant. Sewage disposal shall
be by means of a central sewage disposal plant. Such disposal plant
shall be in accordance with the requirements of the Department of
Environmental Protection of the State of New Jersey and County and
City Board of Health requirements, if any. Such disposal plant shall
be constructed in accordance with the requirements of the Department
of Environmental Protection, Department of Health, the County Sewer
Authority and the City Board of Health and shall be subject to their
regulation and approval.
(2)Â
Central water system. Potable water shall be provided
by means of a central water system. Such water system shall be in
accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and County and City Board of
Health requirements, if any. Such central water system shall be constructed
in accordance with the requirements of the Department of Environmental
Protection, Department of Health, County Sewer Authority and of the
City Board of Health and shall be subject to their regulations and
approval.
(3)Â
Approval of water and sewage systems. The proposed
water and sewer system shall be approved by the City Board of Health
before any building permit shall be issued, notwithstanding approval
of any other agency, whether state or county, unless the Board of
Health certifies that the approval of such other approving agency
is sufficient in its opinion so that no further approval by the City
Board is required.
(4)Â
Fire hydrants. Fire hydrants shall be provided in
such a manner so that no apartment building or townhouse cluster is
further than 60 feet from a hydrant from its furthest point, and fire
hydrants shall be provided in such a manner as to provide protection
in accordance with generally recognized standards in conjunction with
all other structures. Such fire hydrants shall be serviced by a system
to be determined in accordance with recommendations of the City Engineer,
which shall at least meet the minimum requirements of the fire underwriters
for fire protection for the type of construction anticipated, taking
into consideration location of various structures, topography and
general layout and design. The recommendations of the City Engineer
shall be made to the Planning Board.
B.Â
Streets and blocks. Streets and blocks within the PLD development shall conform to the provisions of Chapter 244, Subdivision of Land and Site Plan Approval, and any amendments thereto.
C.Â
Landscaping and screening.
(1)Â
All PLD development shall be provided with liberal
and functional landscaping schemes. Roads and pedestrian walks shall
be provided with shade trees which are of minimum size, designated
in DBH and character as designed by the City. Open space adjacent
to buildings, malls between buildings to be utilized by residents,
border strips along the side of pedestrian walks shall be graded and
seeded to provide a thick stand of grass or trees and shrubs. Areas
not used for buildings, terraces, drives and parking spaces shall
be seeded and landscaped and shall be maintained in a stable and well
kept condition. Screening or buffers, consisting of planting strips
and fences, shall be required around any other similar area, along
property lines, between different designated uses and around all parking
areas in order to provide for shielding from unsightly, disturbing
or light-glaring areas. Clothes drying areas shall not be permitted
out of doors. Refuse disposal areas shall be completely enclosed.
(2)Â
The developer shall furnish, along with the plans
and specifications required under this chapter, landscaping plans
drawn by a recognized landscaper, which shall include plans for lighting
the grounds, roads, drives, walks, parking areas and building entrances
as well as the plantings and other landscaping intended.
D.Â
Refuse disposal. Sufficient refuse pickup areas shall
be provided and shall be located for the occupants' convenience.
E.Â
Outside lighting. Adequate lighting shall be provided
to minimize hazards to pedestrians and motor vehicles along interior
streets, roads and driveways, in parking areas, near exterior and
interior entrances and along pedestrian walks.
Where open space is not dedicated to the City
or other government entity, the applicant shall dedicate such area
for the uses herein before set forth and shall establish a property
owners' association which shall consist of all owners of lots in the
planned low-density residential development and shall own and maintain
the open space areas. The applicant shall submit, as a part of his
subdivision application, a copy of such association's agreement or
charter, including but not limited to the following information:
A.Â
A scheme for creation of the organization.
B.Â
When such organization will assume responsibility.
C.Â
The duties of the organization.
D.Â
The method by which the organization will be funded.
E.Â
Provisions for enforcement of the discharge of duties
by the organization.
F.Â
The method by which open space shall be maintained
in perpetuity.
The property owners' association shall not be
dissolved nor shall it dispose of any open space areas without first
offering to dedicate it to the City.
If the property owners' association fails to
maintain the open space areas in accordance with the provisions of
this chapter, the City may take over such maintenance under the following
procedure:
A.Â
The Zoning Officer shall serve the written notice
upon all the property owners in the planned low-density residential
development specifying all maintenance violations. The notice shall
set a time, date and place for a hearing before him on such violations,
which hearing shall be held not more than 15 days after the date of
service.
B.Â
At the hearing, the property owners shall have the
right to contest the existence of maintenance violations and to show
good cause why the time period to cure violations should be extended.
Within 10 days of any such hearing, the Zoning Officer shall give
to the owners his written findings on any such contentions and showings
which may have been advanced.
C.Â
The property owners' association shall have a time
period of 35 days after receipt of notice to cure all maintenance
violations. The Zoning Officer may, for good cause shown, grant a
reasonable extension of the time period, not to exceed a total of
65 days.
D.Â
If the property owners have not cured all violations
within the specified time period, the municipality shall take over
maintenance of the open space areas. The maintenance costs shall be
assessed pro rata on the basis of assessed valuation against all lots
in the planned residential development. This assessment shall become
a lien and tax on them 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.Â
One year after municipal takeover, and each succeeding
year thereafter, the property owners shall have the right to a hearing
where they may show cause why the property owners' association should
be permitted to resume maintenance of the open space areas. The Zoning
Officer shall serve written notice upon all the property owners in
the planned residential development at least 15 days prior, which
notice shall state the time, date, place and purpose of such hearing.
A.Â
The applicant shall submit the application and other
required plans and materials as though the application were for a
major subdivision under the provisions of ordinances of the City and
amendments thereto.[1]
B.Â
In addition to the requirements of Subsection A hereof, the application, plans and materials shall set forth the following:
(1)Â
The density and land use to be allocated to the various
parts of the site to be developed.
(2)Â
The use or uses of land and buildings and the height,
dimensions, elevation and location of the buildings and other structures.
(3)Â
The location, area and dimensions of individual dwelling
units within each building.
(4)Â
The location, area and dimension of private yards
for townhouses.
(5)Â
Distances between buildings and distances between
buildings and rights-of-way, drives, parking areas or property lines.
(6)Â
The provisions for off-street parking, including location
of ingress and egress, the size and location of driveways, access
aisles, parking spaces, pedestrian paths and lighting.
(7)Â
Location of all areas on the subject property where
the seasonal high water table reaches zero feet.
(8)Â
Landscaping plans in compliance with this chapter.
C.Â
The Planning Board shall review the application, together with the other required plans and materials, as hereinabove set forth, as though the application were for a major subdivision, holding a public hearing, ascertaining whether or not the applicant has complied with the provisions and requirements of this chapter and the applicable provisions and requirements of Chapter 244, Subdivision of Land and Site Plan Approval, and amendments thereto, and issuing preliminary and final approvals upon proof of compliance with said provisions and requirements.
Preliminary approval may be granted on the complete
proposed planned low-density residential development. However, final
approvals shall be stayed. The maximum number of dwelling units granted
final approval in the first section shall be limited to one 150 dwelling
units. Thereafter, application for final approval of additional sections,
not excluding 100 dwelling units, may be submitted upon filing of
proof with the Planning Board that 75% of the dwelling units in each
previous section granted final approval are rented or sold.
Ten copies of the proposed planned low-density
residential development project shall be submitted, at least three
weeks prior to the regular meeting of the Planning Board, to the Secretary
of the Planning Board, and shall be accompanied by three application
forms, available from the City Clerk, and a filing fee shall accompany
such application.