A.
In accordance with N.J.S.A. 40:55D-45 et seq., planned unit development
shall be permitted in the PR-4, or High-Density Residential Zoning
District.
B.
In order that the public health, safety, morals and general welfare
be furthered in an era of increasing urbanization and of growing demand
for housing of all types and design and to provide for necessary commercial,
recreational and educational facilities conveniently located to such
housing, it shall be the purpose of this Article to:
(1)
Encourage innovations in residential and commercial development so
that the growing demands of the population may be met by greater variety
in type, design and layout of buildings by the conservation and more
efficient use of open space ancillary to said buildings and by enabling
the maximum utilization of renewable energy sources.
(2)
Enable more flexible development and more attractive site and building
designs.
(3)
Enable the achievement of planned development on a larger scale than
attained elsewhere in the Pinelands Area of the township.
Within a planned unit development, land may be used and buildings
or structures may be used, altered or erected for any of the following
uses:
A.
Single-family detached dwellings.
B.
Two-family detached dwellings or duplexes.
C.
Townhouse dwelling units.
D.
Garden apartments.
E.
Recreation facilities, low-intensive or intensive.
F.
Public facilities.
G.
Public service infrastructure.
H.
Institutional uses.
I.
Commercial or any nonresidential use, to the extent that such use
is designed and intended to serve the residents of the planned unit
development and such other uses as exist therein or may be expected
to exist therein in the future.
J.
Accessory uses incidental to any of the foregoing uses.
[Amended 4-24-1991 by Ord. No. 0-12-91]
A.
The minimum size of any area proposed for a planned unit development
shall be fifty (50) acres, and said tract shall be under single ownership.
B.
No planned unit development shall be approved unless all residential
and nonresidential units will be connected to an existing or proposed
public sewer system.
C.
All planned unit developments may have a maximum gross density of four and one-quarter (4.25) dwelling units per acre. In accordance with § 296-67.1, Pinelands Development Credits shall be acquired and redeemed for twenty-five percent (25%) of all residential units within a proposed planned unit development.
[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
D.
All dwelling units proposed within a planned unit development shall
not be subject to the area, yard and bulk requirements of this chapter,
except for the building height restrictions.
All development proposed within the PR-4 District shall conform with all applicable standards under Article XV of this chapter.
A.
Common open space area shall be provided in an amount equal to no
less than thirty-five percent (35%) of the total land area proposed
for development. Open space calculations shall include all lands except
road rights-of-way, off-street parking and loading areas and any lands
covered by or continuously flooded by water.
B.
Usable open space shall be provided in the amount of one thousand
(1,000) square feet per multiple-family dwelling. Usable open space
for multiple-family dwelling units may include patios and landscaped
areas of the site which can be used for open space purposes. Fifteen
percent (15%) of the common open space area may be used for calculating
usable open space. Usable open space shall include only those lands
which provide legitimate opportunities for outdoor enjoyment and shall
not include off-street parking and loading areas, buffers, drainageways,
and other similar such land areas unsuitable for said purpose.
C.
The landowner or developer of the planned unit development shall provide for and establish an organization for the ownership and maintenance of the common open space, in accordance with the provisions of § 294-22 of the Winslow Township Code.
D.
Within any planned unit development, up to ten percent (10%) of the
total land area proposed for development may be devoted to commercial
or nonresidential uses, to the extent such uses are designed and intended
to serve the residents of the planned unit development and such other
uses as exist therein or may reasonably be expected to exist in the
future. Said commercial or nonresidential uses shall be planned and
designed as an integral part of the overall development.
A.
Planned unit development may be implemented in sections or stages
which comprise various mixes of permitted land uses, in accordance
with the following schedule, expressed as a minimum or maximum percentage
of the total amount of acreage or number of dwelling units:
Editor's Note: Said schedule is included as an attachment to this chapter as Schedule 1, Implementation of Planned Unit Developments in Sections or Stages.
B.
The township may, in its sound discretion, authorize deviation from
this schedule, upon a finding that the best interests of the township
will be served thereby.
C.
Permits for successive stages will be issued only after previous
stages have been completed in accordance with the following:
(1)
Before permits will be issued for uses projected under the second
stage, units in the first stage must be seventy-five percent completed.
(2)
Before permits will be issued for uses projected under the third
stage, units in the first stage must be one-hundred percent completed
and the second stage must be seventy-five percent completed.
(3)
Before fourth stage permits will be issued for uses projected, units
in the first and second stages must be one-hundred percent completed
and the third stage must be seventy-five percent completed.
(4)
Before fifth stage permits will be issued for uses projected, units
in the third stage must be one-hundred percent completed and fourth
stage units must be seventy-five percent completed.
D.
The township shall require such performance guaranties as called
for by township ordinance to ensure that the plan is developed in
accordance with those submitted and approved.
A.
An application for tentative approval of a plan for planned unit
development shall be filed by or on behalf of the landowner or any
other entity having cognizable interest in the land.
B.
The application shall be made to the Township Clerk and shall be in such form as required under Article V of the Land Subdivision Ordinance of Winslow Township (Chapter 246 of the Winslow Township Code), as amended. A copy of the plan and said application shall be forwarded by the applicant to the Division of State and Regional Planning in the New Jersey Department of Community Affairs.
C.
In addition to the requirements of Article V of Chapter 246 of the Winslow Township Code, as amended, the application shall require only such information as is reasonably necessary to disclose to the township the following:
(1)
The location and size of the site and the nature of the landowner's
interest in the land proposed to be developed.
(2)
The densities of residential land uses.
(3)
The location and size of common open space and the form of organization
proposed to own and maintain said open space.
(4)
The use and the approximate height, bulk and location of buildings
and other structures.
(5)
The nature and feasibility of proposals for sanitary wastewater collection
and treatment and for drainage and stormwater management.
(6)
The substance of covenants, grants and easements or other restrictions
proposed for the site.
(7)
The provisions for off-street parking and the location and width
of proposed streets and public rights-of-way.
(8)
The required modifications in the township's land use regulations
applicable to the proposed planned unit development.
(9)
If staging of the development is proposed, a schedule showing the
proposed times within which applications for final approval of each
stage of the planned unit development are intended to be filed.
D.
The application for tentative approval shall include a written statement
by the landowner or applicant setting forth the reasons why a planned
unit development would be in the public interest and would be consistent
with the purposes for same, as stated in this chapter.
E.
The plan submitted shall be engineered according to the requirements for preliminary plats, under Article V of the Land Subdivision Ordinance (Chapter 246 of the Winslow Township Code), as amended. The plan shall meet the provisions for all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking, common open spaces and public facilities, if included.
F.
Within forty-five (45) days after filing the application with the township, a public hearing on said application shall be held by the Planning Board, in accordance with § 40-28 of Chapter 40, Land Use Procedures, as amended. Public notice of the hearing shall be given in the manner prescribed in § 40-29 of the same chapter.
G.
The Planning Board may continue the hearing from time to time. However,
said continuations shall be concluded within forty-five (45) days
after the date of the first hearing unless the applicant shall consent
in writing to an extension of time.
H.
The Planning Board shall, within sixty (60) days following conclusion
of the public hearing, by written resolution, either:
I.
Failure of the Planning Board to so act within said period of time shall be deemed to be a grant of tentative approval of the plan as submitted. Said approval, however, shall not become effective until the requirements are met for notification of the Pinelands Commission, as specified under § 40-31 of Chapter 40, Land Use Procedures, as amended.
J.
In the event that tentative approval is granted, other than by lapse of time per Subsection I above, the Planning Board shall, as part of its resolution, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval. In the event that tentative approval is granted subject to conditions, the applicant shall, within forty-five (45) days after receiving a copy of the written resolution of the Planning Board, notify the Board of acceptance or refusal to accept all said conditions. In the event that the applicant refuses to accept all said conditions, the Board shall be deemed to have denied tentative approval of the plan. In the event that the applicant does not, within said period, notify the Board of acceptance or refusal to accept all said conditions, tentative approval of the plan, with all conditions, shall stand as granted. Nothing contained herein shall prevent the Board and the applicant from mutually agreeing to a change in such conditions.
K.
The grant or denial of tentative approval by written resolution shall
include not only conclusions but also findings of fact related to
the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial. The resolution shall
set forth with particularity in what respects the plan would or would
not be in the public interest, including but not limited to the following
facts and conclusions:
(1)
In what respects the plan is or is not consistent with the purposes
for planned unit developments, as stated in this chapter.
(2)
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are not deemed to be in the public interest.
(3)
The purpose, location and amount of common open space in the planned
unit development, the reliability of the proposals for maintenance
and preservation of the common open space and the adequacy of the
amount and proposed usage of the common open space as it relates to
the proposed density and type of development.
(4)
The physical design of the plan and the manner in which said design
does or does not make adequate provisions for public services, provide
adequate control over vehicular traffic and further the amenities
of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned
unit development to the surrounding area in which it is proposed.
(6)
In the case of a plan which proposes development over a period of
years, the sufficiency of the terms and conditions intended to protect
the interests of the public and of the residents and owners of the
development in the integrity of the plan. Said terms and conditions
shall include the performance guaranties.
L.
In the event that the plan is granted tentative approval, with or
without conditions, the Board shall set in the written resolution
the time within which an application for final approval of the plan
shall be filed, or in the case of a plan which provides for development
over a period of years, the resolution shall state the time periods
within which applications for final approval of each stage shall be
filed. The time so established between grant of tentative approval
and an application for final approval shall not be less than three
(3) months, and in the case of developments to occur over stages,
the time between applications for final approval of each stage shall
be not less than six (6) months, provided that nothing herein contained
shall be construed to limit the landowner from the presentation of
any application for final approval earlier than the time periods set
forth above.
A.
Within five (5) working days after the adoption of the written resolution,
the plan shall be certified by the Clerk of the township and shall
be filed in his office, and a certified copy shall be mailed to the
landowner. Where tentative approval has been granted, the same shall
be noted on the Zoning Map maintained in the office of the Clerk of
the township.
B.
Tentative approval of a plan shall not qualify a plat of the planned
unit development for recording nor authorize development or the issuance
of any building permits. A plan which has been given tentative approval
as submitted, or which has been given tentative approval with conditions
which have been accepted by the applicant, shall not be modified,
revoked or otherwise impaired by action by the township, provided
that an application or applications for final approval are filed within
the periods of time specified in the resolution granting tentative
approval.
C.
In the event that a plan is given tentative approval and, thereafter,
but prior to final approval, the landowner shall elect to abandon
all or part of said plan and shall so notify the township in writing,
or in the event that the landowner shall fail to file an application
or applications for final approval within the required period of time,
the tentative approval shall be deemed to be revoked and all that
portion of the area included in the plan for which final approval
has not been given shall be subject to the zoning and other local
regulations pertaining thereto, and the same shall be noted on the
Zoning Map in the office of the Township Clerk.
A.
An application for final approval of a planned unit development may
be for all the land included in the plan or for a section thereof,
as set forth in the tentative approval. Said application shall be
made to the Township Clerk and within the time periods specified by
the resolution granting tentative approval.
B.
The application shall include such drawings, specifications, covenants,
easements, conditions and form of performance bond as were set forth
by the resolution granting tentative approval.
C.
A plan submitted for final approval shall be deemed to be in substantial
compliance with the plan previously given tentative approval, provided
that any modification of the plan as it was given tentative approval
does not vary the proposed gross residential density of use by more
than five percent (5%), involve a reduction of the area set aside
for common open space or the substantial relocation of such area;
increase by more than ten percent (10%) the floor area proposed for
nonresidential use; increase by more than five percent (5%) the total
ground areas covered by buildings; or involve a substantial change
in the height of buildings.
D.
A public hearing shall not be held on an application for final approval
of a plan when said plan as submitted for final approval is in substantial
compliance with the plan that received tentative approval. A public
hearing shall not be held to consider modifications in the location
and design of streets or facilities for water, stormwater management
or sanitary sewage disposal. The burden shall be upon the landowner
to show the township good cause for any variation between the plan
as tentatively approved and the plan as submitted for final approval.
In the event that a public hearing is not required prior to final
approval and a complete application is filed, as required by the resolution
for tentative approval, the township shall, within forty-five (45)
days of such filing, grant final approval.
E.
In the event that the plan as submitted contains variations from
the plan given tentative approval but remains in substantial compliance
with the plan that received tentative approval, the township may,
after a meeting with the landowner, refuse to grant final approval
and shall, within forty-five (45) days from the filing of the application
for final approval, so advise the landowner in writing of said refusal,
setting forth in said notice the reasons why one (1) or more of said
variations are not in the public interest. In the event of said refusal,
the landowner may file his application for final approval without
the variations objected to by the township on or before the deadline
to file for final approval, as stated in the resolution granting tentative
approval, or within thirty (30) days from the date he received notice
of said refusal, whichever date is later, or the landowner may treat
the refusal as a denial for final approval and so notify the township.
F.
In the event that the plan as submitted for final approval is not in substantial compliance with the plan granted tentative approval, the township shall, within forty-five (45) days of the date of the application for final approval is filed, so notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance. The landowner may either treat said notification as a denial for final approval, file his plan again in a form which is in substantial compliance with the plan that received tentative approval or file a written request with the township that is hold a public hearing on his application for final approval. If the landowner shall elect either the second or third alternative above, he may refile his plan or file a request for a public hearing on or before the deadline to file for final approval, as stated in the resolution granting tentative approval, or within thirty (30) days from the date he received notice of said refusal, whichever date is later. Any such public hearing shall be held within thirty (30) days after request for the hearing is made by the Landowner, and notice thereof shall be given and the hearing shall be conducted in the manner prescribed in §§ 40-28 and 40-29 of Chapter 40, Land Use Procedures, as amended.
G.
Within forty-five (45) days after the conclusion of the hearing,
the township shall, by resolution, either grant final approval or
deny final approval to the plan. The grant or denial or final approval
shall be in the form and contain the findings required for a resolution
on an application for tentative approval, as set forth above.
I.
In the event that the township fails to act, either by granting or
denying final approval of the plan within the time prescribed, the
landowner may, after twenty (20) day's written notice to the township,
file a complaint in the Superior Court, Law Division; and upon showing
that the township has failed to act either within the time period
prescribed or subsequent to the receipt of the written notice provided
for in this section and that the landowner has complied with the procedures
for planned unit developments, as set forth in this chapter, the plan
shall be deemed to have been finally approved; and the Court shall,
upon a summary proceeding, enter an order directing the County Clerk
to record the plan as submitted for final approval, without the approval
of the township. A plan so recorded shall have the same force and
effect as though that plan had received final approval by the township.
A.
Within five (5) working days after the adoption of the written resolution,
the plan shall be certified by the Clerk of the township and shall
be filed in his office, and a certified copy shall be mailed to the
landowner. Where tentative approval has been granted, the same shall
be noted on the Zoning Map maintained in the office of the Clerk of
the township.
B.
A plan which has been granted final approval by the township shall
be so certified without delay by the Township Clerk and shall be filed
of record in the office of the County Clerk before any development
shall take place. Upon the filing of record of the plan, all other
ordinances and subdivision regulations otherwise applicable to the
land area included in the plan shall cease to apply thereto.
C.
Pending completion within five (5) years of the planned unit development,
or part thereof, that has received final approval, no modification
of the provisions of said plan shall be made by the township except
with the consent of the landowner.
D.
In the event that a plan, or a section thereof, is granted final
approval and thereafter the landowner shall abandon said plan and
so notify the township in writing, or in the event that the landowner
shall fail to commence the planned unit development within eighteen
(18) months after final approval has been granted, then said final
approval shall terminate and be deemed null and void, unless such
time period is extended by the township upon written application by
the landowner, and any performance guaranty shall be forfeited or
returned to the landowner, at the option of the township.
Any decision of the township under this chapter granting or
denying tentative approval of a plan or authorizing or refusing to
authorize a modification of a plan shall be deemed to be a final administrative
decision and shall be subject to judicial review.
A.
Before consideration of final approval, or as a condition of tentative
approval, the applicant shall have installed the improvements specified
as part of the conditions of tentative approval, or the township shall
require the posting of adequate performance guaranties, in accordance
with the requirements of the township, in order to assure the installation
of the required improvements or conditions approved by the township
as part of the tentative approval.
B.
All such improvements shall be subject to inspection and approval
by the Township Engineer. No final approval shall be granted by the
township until the completion of all the required improvements has
been certified by the Township Engineer unless the applicant shall
have filed with the township a performance guaranty, in accordance
with the requirements of the township.
