Burlington Township
City Zoning Code
City Zoning Code
ARTICLE X
Conditional Uses
§ 330-70 Guiding principles.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Burlington and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the reviewing board shall have original jurisdiction pursuant to the procedural requirements established in Article V of this chapter to grant a permit for a conditional use under the terms and conditions established by this chapter and under the following stipulations and guiding principles.
A.
Specifically authorized. The use for which application is being made is specifically authorized as a conditional use in Article VII of this chapter for the zone in which located.
B.
Design standard. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(1)
Character of the neighborhood and zone.
(2)
Conservation of property values.
(3)
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(4)
Potential congestion of vehicular traffic or creation of undue hazard.
(5)
Principles and objectives of this chapter and planned development of the Township of Burlington.
C.
Minimum standards established. In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the reviewing board will implement the intent and objectives of this section and ordinance. In addition, in reviewing any application for a conditional use, the reviewing board shall apply the applicable standards set forth in Articles XII and XIII of this chapter.
§ 330-71 Residential districts.
A.
Farm stands. Farm stands are permitted in any residential zone as a conditional use under the provisions as set forth in Article V. The reviewing board shall determine that:
(1)
The farm stand will not be detrimental to the general area surrounding the lot on which it is to be erected.
(2)
The farm stand and its use will not unduly interfere with the rights of adjoining lot owners to light, air, drainage and freedom from pollution.
(3)
The farm stand will be no closer to the front property line than 50 feet and no closer to the side property line than 50 feet.
B.
Home crafts. Home crafts are permitted in the R-40, R-20, R-12 and R-7.5 Residential Districts as a conditional use, in accordance with the review and approval procedures in Article V. The reviewing board shall determine that the following standards and all other requirements are met:
(1)
A home craft shall be carried on entirely within the principal building and shall under no circumstances exceed 20% of the total gross habitable floor area of the principal building.
(2)
No such crafts shall require interior or exterior alterations of the principal structure.
(3)
No sign shall be permitted in connection with such home crafts.
(4)
No mechanical equipment shall be permitted and no commodity shall be sold on the premises in connection with the home craft.
(5)
A home craft shall be carried on only by a member of the family living within the principal structure.
C.
Home professional occupation. A home professional occupation may be permitted in the R-40, R-20, R-12 and R-7.5 Residential Districts as a conditional use in accordance with the review and approval procedures set forth in Article V. The reviewing board shall determine that the following standards are met and any other requirements applying have been fulfilled:
(1)
A home professional occupation shall be carried on entirely within the principal building and shall not, under any circumstances, exceed 50% of the total gross habitable floor area of the principal building.
(2)
No such home professional occupation shall require exterior alterations of the principal structure which will cause the structure to be at variance or further variance with the schedule for the district in which it is located.
(3)
No such home professional occupation shall permit the employment of more than two employees who are not permanent residents of the principal structure. In each case, the residence shall be the principal residence of and occupied by the professional.
D.
Places of worship. Places of worship are permitted as a conditional use in the R-40, R-20, R-12 and R-7.5 Residential Districts in accordance with the review and approval procedures set forth in Article V, provided that the reviewing board shall determine that:
(1)
The proposed use is a bona fide nonprofit religious use.
(2)
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment or property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures to be erected in connection with such uses are in keeping with the general character of the residential area, and that sufficient landscaping, including trees, shrubs and lawn, is provided to appropriately buffer the said use from adjoining residential properties and to ensure an attractive appearance for the use.
(3)
The building will not occupy more than 25% of the lot area, that all other requirements as set forth in this chapter for the zone in which it is to be located are observed, and that such use will in no way be detrimental to surrounding property values and that the structure and use proposed will serve a useful purpose to the general welfare of the Township.
(4)
Adequate off-street parking is provided for peak periods of use.
E.
Hospitals, philanthropic or eleemosynary uses. Hospitals, philanthropic or eleemosynary uses may be permitted in the R-40, R-20, R-12 and R-7.5 Residential Districts as a conditional use, provided that the reviewing board finds the following:
(1)
No building or buildings will occupy more than 25% of the lot area.
(2)
Such use will in no way be detrimental to surrounding property values and that the structure or proposed use will serve a useful purpose to the general welfare of the Township.
(3)
The front, rear and side yards shall be increased by one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.
(4)
Signals may be illuminated but nonflashing and limited in area to not more than 30 square feet on any one side and shall not be closer than five feet from any street line or 15 feet from any other property line.
F.
Quasi-public buildings and recreation areas. Quasi-public buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit organizations may be permitted as a conditional use in all zones in accordance with the review and approval procedures set forth in Article V. The reviewing board shall determine that the following standards are met:
(1)
The application shall be accompanied by a statement setting forth particulars on the proposed operation of the use and a complete list of the current officers, including names and residents' addresses.
(2)
It is ascertained that the proposed use is a benefit nonprofit organization operated solely for recreation and enjoyment of the members of said organization.
(3)
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use are in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawn are provided to serve as a buffer between said use and adjoining residential properties and to ensure an attractive appearance for the use.
(4)
Buildings will not occupy more than 25% of the lot area, and that all other requirements as set forth in this chapter for the zone in which it is to be located are observed, and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.
(5)
The front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.
(6)
The off-street parking requirement standard as specified in Article XII may be increased where necessary to provide sufficient parking for the number of cars anticipated to utilize the proposed use.
(7)
Signs may be illuminated but not flashing and limited to an area not more that 15 square feet from a street line or 15 square feet from any property line.
(8)
All utilitarian and service areas are adequately screened in accordance with the standards set forth in this chapter.
G.
Public utility uses. Public utility uses shall be permitted as a conditional use in any zone district in accordance with the review and approval procedures set forth in Article V, and provided that the reviewing board shall find the following:
(1)
That the proposed use in a specific location is necessary for the efficiency of the public utility system.
(2)
That the design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of adjoining property or within the neighborhood.
(3)
That adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawns, shall be provided and will be periodically maintained by the public utility.
(4)
That all other requirements and specifications for the zone district in which such use is located will be met and observed.
H.
Cemeteries. Cemeteries may be permitted as a conditional use in any zone in accordance with the review and approval procedures of Article V, provided that the reviewing board determines the following:
(1)
That the location of the cemetery will not unduly restrict proposed development of the community and that a proposed cemetery or extension of the cemetery conforms to the general overall development plan of the Township of Burlington.
(2)
That the access to the cemetery is so arranged and designed that impairment of traffic flow on adjoining streets will be minimized.
(3)
That the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties.
(4)
That sufficient fencing, landscaping, including trees, shrubs and lawn, are provided to serve as a buffer between said use and adjoining properties and to assure an attractive appearance for the use.
I.
Planned residential options.
[Amended 4-12-2005 by Ord. No. 05-OR-009]
(1)
Intent and purpose. The development regulations for the planned residential options set forth in Subsection I(2) and (3) shall remain in effect for the following developments: Bridle Club, Bromley Estates (formerly Manors at Burlington), Hancock Hollow, Meadow Oaks, Oxmead Crossing, Park South, Pinewald Meadows, Santa Fe, Steeplechase, Tiffany Hollow, Trellis Greene, Wyngate, and Burlington Heights Section 6 (Courts at Woodshire). The planned residential options shall not be a permitted use other than within the aforementioned developments.
(2)
Cluster planned residential development. A cluster planned residential development is a subdivision of one-family dwellings on lots having an area of less square footage than normally required within the same zone thereby creating desirable open spaces, conserving floodplains and providing recreational lands in conjunction with said development. Cluster planned residential development shall conform to the following standards and regulations:
(a)
Schedule. The Schedule of Yard, Area and Bulk Requirements for Planned Residential Developments contained within this section of the chapter is hereby declared to be and made a part of this chapter, and all regulations therein shall apply to each and every cluster planned residential development.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
(b)
Minimum open space. A land area equal to a minimum of 20% of the gross tract of land area proposed for a cluster planned residential development shall not be included in lots or other required improvements and shall be set aside for open space. Open space shall be so planned within the development that a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible is created. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities. Land designated as open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value. The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or active recreational facilities; grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements. Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths, and play fields. The size, location and type of all such recreational facilities shall be as approved by the reviewing board. The reviewing board shall provide opportunity for the Recreation Commission to review and comment upon all proposals for recreation areas and facilities prior to approving the same. Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling unit. To assure compliance with this requirement, the Building Inspector shall from time to time following the approval of a cluster planned residential development review building permits and shall make an inspection of open space and recreational facilities to examine work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report the same to the reviewing board, which body may recommend such action as it deems appropriate to the Township Council. Land under permanent bodies or flowing streams of water and preexisting tract development shall not be used in computing common open space. In any event, any area in a floodplain as designated by federal, state or local authorities may be used only to 1/2 of its area in computing common open space. At least 10% of the gross area must be common open space other than floodplain. At least 5% of the gross area shall be common open space free of structures or other improvements.
(c)
Ownership of open space. All open and any other land area not platted into lots shall be developed as streets or other required improvements, offered for dedication to the Township or transferred to the ownership of a homeowners' association or similar arrangement acceptable to the Township. Land offered for dedication but not accepted by the Township shall be transferred to the homeowners' association or similar organization. The Township may request the dedication of land at specific locations for particular public purposes.
(d)
Improvement standards. The standards for improvements within a cluster planned residential development shall be those which would apply to the developments as set forth in this chapter (Article XII and XIII) except where specific waiver of said standard is provided for within this section.
[1]
Collector and arterial streets as designated on the Master Plan shall in all circumstances be dedicated to the public and shall be built and constructed in accordance with the subdivision requirements of the Township of Burlington. Local residential streets created within the development may be private in nature and maintained by the homeowners' association or similar organization created to maintain open space within the development. Every such street which remains private shall have an easement of not less than five feet in width on each side of the pavement which shall provide for right of access to both the homeowners' association and to the Township for purposes of utility installation or such other public purpose as may be deemed necessary or desirable. The width of the paved portion of private streets may be reduced to not less than 24 feet upon waiver of any other required width under this chapter only in the event that two off-street parking spaces are provided for each dwelling unit and that off-street parking for guests shall be provided at the rate of one space for each five dwelling units. The first parking space provided within a garage in satisfaction of the preceding requirement shall count only as 1/2 space. All other spaces in garages, on driveways and in parking lots shall count as a full space.
[2]
The reviewing board may waive the requirement for sidewalks along streets internal to a cluster planned residential development. Such waiver shall not be granted, however, unless adequate alternate pathways are provided throughout the development. Said alternate pathways shall be designed to provide a circulation pattern between buildings and to accomplish maximum utilization of open space areas by making the same accessible. Said alternate pathways shall have a minimum width of six feet and shall be of a surface approved by the reviewing board and constructed to standards approved by the reviewing engineer.
(e)
Utilities. A cluster planned residential development shall be connected only to centralized water and sewerage facilities with no individual wells, septic tanks or cesspools permitted. All utilities shall be underground.
(f)
Uses permitted. Within a cluster planned residential development the only uses which will be permitted are one-family detached dwellings together with accessory uses thereto limited to private garages and carports, private greenhouses, animal shelters for domestic pets, storage buildings, off-street parking areas, essential utilities, swimming pools, fencing, private gardens, and temporary buildings necessary in construction projects. In addition, municipal and/or governmental uses and buildings shall also be permitted. Where the regulations applicable to the zone in which the cluster planned residential development is being constructed set forth specifications for any permitted use or accessory use, those same regulations shall apply within the cluster planned residential development unless specifically, different standards are set forth in this section.
(g)
Off-street parking. Sufficient off-street parking shall be provided to have two off-street parking spaces for each dwelling unit. In the event that streets are to remain private and constructed at a reduced width as compared to usual residential street requirements, the number of parking spaces shall be increased as specified in § 330-71I(2)(d)[1].
(3)
Mixed planned residential development. Mixed planned residential developments may be permitted as a conditional use within the R-12 and R-20 Residential Zone Districts, provided that the reviewing board determines that the following requirements and specifications are met:
(a)
Schedule. The Schedule of Area, Bulk and Height Requirements for Planned Residential Developments includes standards and specifications for mixed planned residential development. That schedule and those standards and specifications are hereby made a part of this section and all proposed mixed planned residential developments shall adhere thereto.[2]
[2]
Editor's Note: The Schedule is included at the end of this chapter.
(b)
Minimum open space. A land area equal to a minimum of 20% of the gross tract of land area proposed for a mixed planned residential development shall not be included in lots or other required improvements and shall be set aside for open space. Open space shall be so planned within the development that a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible is created. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodical widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities. Land designated as open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value. The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased trees, thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or active recreational facilities; grading and seeding, and improvement or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements. Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths, and play fields. The size, location and type of all such recreational facilities shall be as approved by the reviewing board. The reviewing board shall provide opportunity for the Recreation Commission to review and comment upon all proposals for recreation areas and facilities prior to approving the same. Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this requirement, the Building Inspector shall from time to time following the approval of a mixed planned residential development review building permits and shall make an inspection of open space and recreational facilities to examine work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report the same to the reviewing board, which body may recommend such action as it deems appropriate to the Township Council. Land under permanent bodies or flowing streams of water and preexisting tract development shall not be used in computing common open space. In any event, any area in a floodplain as designated by Federal, state or local authorities may be used only to 1/2 of its area in computing common open space. At least 10% of the gross area must be common open space other than floodplain. At least 5% of the gross area shall be common open space free of structures or other improvements.
(c)
Improvement standards. The standards for improvements within a mixed planned residential development shall be those which would apply to other application for development as set forth in Articles XII and XIII of this chapter, except where specific waiver of said standards is provided for within this section.
[1]
Collector and arterial streets as designated on the Master Plan shall in all circumstances be dedicated to the public and shall be built and constructed in accordance with the subdivision requirements of the Township of Burlington. Local residential streets created within the development may be private in nature and maintained by the homeowners' association or similar organization created to maintain open space within the development. Every such street which remains private shall have an easement of not less than five feet in width on each side of the pavement, which shall provide for right of access to both the homeowners' association and to the Township for purposes of utility installation or such other public purposes as may be deemed necessary or desirable. The width of the paved portion of private streets may be reduced to not less than 24 feet upon waiver of the required width under the Subdivision Ordinance only in the event that two off-street parking spaces are provided for each dwelling unit and that off-street parking for guests shall be provided at the rate of one space for each five dwelling units. The first parking space provided within a garage in satisfaction of the preceding requirement shall count only as 1/2 space. All other spaces in garages, on driveways and in parking lots shall count as a full space.
[2]
The reviewing board may waive the requirement for sidewalks along streets internal to a mixed planned residential development. Such waiver shall not be granted, however, unless adequate alternate pathways are provided throughout the development. Said alternate pathways shall be designed to provide a circulation pattern between buildings and to accomplish maximum utilization of open space areas by making the same accessible. Said alternate pathways shall have a minimum width of six feet and shall be of a surface approved by the reviewing board and constructed to standards approved by the Township Engineer.
(d)
Utilities. A mixed planned residential development shall be connected only to an approved central water and sewerage facility with no individual wells, septic tanks or cesspools permitted. All utilities shall be underground.
(e)
Uses permitted.
[1]
Within a mixed planned residential development only the following uses shall be permitted:
[a]
One-family detached dwellings.
[b]
One-family attached dwellings.
[c]
Patio homes or zero-lot-line houses.
[d]
Apartment dwellings.
[e]
Municipal and/or governmental uses and buildings as deemed necessary.
[f]
Common open space and recreational facilities.
[g]
Public open space and facilities.
[h]
Required off-street parking areas, including private garages and carports.
[i]
Temporary sales and rental offices limited to the sale and/or rental of dwelling units within the development. Said offices shall be removed within 30 days following the sale and/or rental of the last dwelling unit within the development.
[j]
Private greenhouses.
[k]
Animal shelters for domestic pets.
[l]
Residential storage buildings.
[m]
Essential utilities.
[n]
Swimming pools.
[o]
Fencing.
[p]
Private gardens.
[2]
Where the regulations applicable to the zone in which the mixed planned residential development is being constructed set forth specifications for any permitted use or accessory use, those same regulations shall apply within the mixed planned residential development unless specific, different standards are set forth in this section.
(f)
Dwelling unit mix. Not less than 50% of all dwelling units to be constructed within a mixed planned residential development shall be one-family detached dwellings. For every one-percent increase in the open space provided above the minimum requirements set by this chapter, the applicant may decrease the minimum single-family percentage by 2% to a minimum requirement of 30% of single-family detached dwelling units of all dwelling units to be built. Neither apartment dwellings nor one-family attached dwellings shall comprise more than 35% of all dwelling units to be constructed.
(g)
Site analysis standards. In addition to any other requirement of this chapter, it shall be the responsibility of any applicant for a mixed planned residential development to supply the Township reviewing board with the following reports and plans concerning the natural features of the site:
[1]
Hydrology. Analysis of natural drainage patterns in the site area, including establishment of areas of surface water, marshlands, floodplains, areas with a permanent high water table and seasonal high water table.
[2]
Geology. Analysis of characteristics of rock formations underlying the site, including defining aquifers, shallow bedrock areas and areas in which rock formations are unstable.
[3]
Soils. Analysis of types of soils present in the site area, including definition of prime agricultural lands, aquifer recharge soil areas, unstable soils and soils susceptible to erosion.
[4]
Topography. Analysis of terrain of the site, including designation of slope areas over 15%, those between 8% and 15%, and those under 8%.
[5]
Vegetation. Analysis of land cover on the site, including designation of woodland areas, meadowland areas and areas with little or no ground cover.
(h)
Design requirements. In addition to the design objectives set forth in § 330-71I(3)(b) above, the following general design principles should be observed:
[1]
The effects of prevailing winds, seasonal temperatures and daily hours of sunlight shall be taken into account in designing and placing dwelling unit structures.
[2]
Dwelling unit structures should be located and placed so as to promote pedestrian and visual access to common open space wherever possible.
[3]
Dwelling units and other structures located near the periphery of the development shall be designed so as to be harmonious with neighboring areas. Only single-family detached dwellings on lot sizes conforming to the prevailing lot size of the existing developed properties to which they abut or open space shall abut a tract boundary which is also the boundary line of another parcel of less than five acres containing a single-family detached dwelling.
[4]
To the maximum extent feasible, pedestrian and vehicular traffic shall be separated.
(i)
Off-street parking. Sufficient off-street parking shall be provided to have two off-street parking spaces for each dwelling unit created within the development. Parking may be in garages, on driveways or in common parking lots. In any event, no parking space shall be more distant than 150 feet from the dwelling unit which it is intended to serve, measured along the walkways leading from the parking area to the door of the dwelling unit. In the event that streets are to remain private and to be constructed at reduced width as compared to usual residential street requirements, the number of parking spaces required shall be increased as specified in § 330-71I(3)(c)[1] above.
(j)
Streets. The street system within a mixed planned residential development shall be designed so that:
[1]
A separate system of automobile and pedestrian and/or bicycle circulation is created through a hierarchy of roadway functions and design and pedestrian walkways.
[2]
The street system relates harmoniously to land uses within and adjacent to the mixed planned residential development.
[3]
Efficient and safe connections are made with the existing road system within the Township in order to ensure proper ingress and egress to and from the development.
[4]
Through traffic in residential areas is minimized.
[5]
The objectives of the circulation plan portion of the Master Plan of the Township are fulfilled.
(k)
Lighting. Lighting shall be provided within the development as follows:
[1]
All streets, off-street parking areas (where parking is provided in common lots) and areas of high pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences and to keep reflected light at a minimum.
(l)
Facades. No building facade shall continue on the same plane for a distance of more than 50 feet.
(m)
Refuse removal. Refuse stations to serve residential, recreational or open space areas shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential areas.
(n)
Submission requirements. In addition to the material required to be submitted with an application for development of this nature under this chapter, an applicant for a mixed planned residential development must supply the information regarding site analysis as required by § 330-71I(3)(g), evidence as to the manner in which the design requirements specified in § 330-71I(3)(h) is taken into consideration, the following material shall be submitted:
[1]
A comprehensive development plan report including the following and any other information considered to be pertinent:
[a]
The total proposed number and type of residential dwelling units, proposed open space and recreational facilities, land proposed to be offered for dedication to the Township, a schedule of intended construction, a copy of the proposed master deed or deeds, proposed deed restriction and prospective covenants, bylaws of any proposed homeowners' organization, proof of the availability of capacity within the utility systems proposed to serve the development, and indication of the anticipated fiscal impact of the development upon the Township and the school district, and an assessment of the anticipated impact of the development upon the environment.
J.
Age-restricted (AR) residential development.
[Added 4-12-2005 by Ord. No. 05-OR-008]
(1)
Intent and purpose. The Township Council, to further the following goals of the Master Plan, has determined that residential cluster development, age-restricted for adults 55 years of age or older, should be permitted within specific areas as an alternative to conventional development:
(a)
To allow for innovation in residential development to meet the needs of our residents 55 years of age or older for a variety of housing types, sizes, designs and forms of ownership.
(b)
To provide flexible design methods which can relate the type and layout of residential developments to the particular site constraints and to the particular market demands for age-restricted housing and related facilities.
(c)
To protect our environmentally sensitive lands, including stream corridors, forests, wetlands, floodplains and other critical site features and natural resources by requiring that the more fragile or fertile areas of the site remain in preserved open space or agriculture.
(d)
To provide for recreation facilities which are appropriate to the needs and convenience of residents who are 55 years of age or older.
(e)
To require installation of pedestrian and bicycle circulation networks to reduce vehicular dependence and encourage healthful living, to serve the residents of the development, and to integrate the networks with other community and extra-community facilities.
(2)
(3) ACCESSORY STRUCTURE DWELLING, ONE-FAMILY ATTACHED (TOWNHOUSE) DWELLING, ONE-FAMILY DETACHED OPEN SPACE TEMPORARY SALES OFFICE AND/OR MODEL HOME
Definitions. The following definitions shall apply to the AR development conditional use:
A structure that is subordinate to the principal building, structure or use and located on the same lot, which is constructed in conformance with the applicable yard setback requirements and conditions set forth in this section.
One of a series of more than one single-family dwelling units which are attached by a common wall horizontally separating it from the adjacent units together with individual rear and front yards designed as an integral part of each unit and having been constructed in conformity with an approved development application.
A detached building, located on a separate lot, designed for and occupied exclusively by one family.
Passive and active recreation facilities, approved by the reviewing board, for the common use of the residents.
A structure, approved by the Department of Licenses and Inspections, utilized for the sale of dwelling units within the development. A model home shall meet all applicable bulk, yard and setback requirements set forth in this section. A temporary sales office shall be removed within 30 days following the sale of the last dwelling unit within the development.
(4)
Uses permitted. Within an age-restricted development conditional use, the following uses shall be permitted:
(a)
Residential development including one-family detached dwellings and one-family attached dwellings; temporary sales office or model home; accessory structure and open space.
(5)
Prohibited uses. Within the age-restricted development conditional use, swimming pools are specifically prohibited on individual residential lots. The exterior storage of any boat, motor home, travel trailer, camper, recreational or commercial vehicle is specifically prohibited on individual residential lots or open space.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
(6)
Age restrictions. Through its corporations, associations or owners, the land for an age-restricted residential development shall be restricted through bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, with the following exceptions:
(a)
A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or older.
(b)
Emancipated children, residing with their parent or parents where one of the parents with whom the child is residing is 55 years of age or older.
(c)
One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one or more of the adult occupants 55 years of age or older.
(d)
Special situations as approved by the homeowners' association.
(7)
Bulk, area and other regulations.
(a)
The following shall be the standards for age-restricted (AR) residential developments.
[1]
Maximum gross density: five units per acre.
[2]
Minimum gross area of tract: Each site shall consist of at least 10 contiguous acres, which may be rounded to the nearest whole acre. However, for the purposes of calculating gross density, the actual lot area(s), to the nearest square foot or nearest hundredth of an acre, shall be utilized. Lots separated by public streets or rights-of-way shall not be considered contiguous for the purposes of this section.
[3]
Maximum impervious coverage for the total tract: 45%. Impervious cover shall include, but not necessarily be limited to, buildings, stone, pavers, concrete and asphalt (to include porous concrete and asphalt).
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[4]
Maximum building height: No dwelling unit or structure shall exceed a height of 35 feet.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[5]
Minimum buffer requirements along tract boundaries: 50 feet, to include a minimum thirty-foot-wide landscaped buffer area. No structure, activity, storage of materials or parking of vehicles shall be permitted in the required buffer area. However, this requirement may be modified where adjacent to the tract boundaries there exists, on the adjoining property, at least 50 feet of dedicated open space or undeveloped, publicly owned lands and the reviewing board finds that additional buffering is unnecessary.
[Amended 11-27-2007 by Ord. No. 07-OR-031]
(b)
The following shall be standards for residential unit types permitted in an age-restricted (AR) development:
[1]
Single-family detached.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[a]
Minimum lot width: 50 feet.
[b]
Minimum lot depth: 100 feet.
[c]
Minimum lot area: 6,000 square feet.
[d]
Minimum front yard setback from right-of-way to garage: 20 feet.
[e]
Minimum side yard setback (one side): seven feet.
[f]
Minimum side yard setback (combined): 15 feet.
[g]
Minimum rear yard setback: 20 feet.
[h]
Maximum lot coverage: 60%.
[2]
Single-family attached (townhouses).
[a]
Minimum lot width: 28 feet.
[b]
Minimum lot depth: 90 feet.
[c]
Minimum lot area: 2,700 square feet.
[d]
Minimum front yard setback from right-of-way to garage: 20 feet.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[e]
Minimum rear yard setback: 20 feet.
[f]
Maximum lot coverage: 85%.
[g]
Minimum number of units/structure: two.
[h]
Maximum number of units/structure: eight.
(c)
The following additional requirements are applicable to townhouses:
[1]
Front yard setback: Limits of front yard setbacks shall stagger with a minimum setback of 20 feet measured from the right-of-way to the garage. Fifty percent of all units may have a setback of 20 feet to 23 feet. The remaining lots shall have setbacks from 23 feet to 25 feet or greater. Corner lots shall conform to front yard setbacks on both streets.
[2]
Arrangement of buildings: Multifamily (townhouse) structures containing two to eight dwelling units shall be no closer to another residential dwelling or structure than 20 feet, as measured between their closest points.
[3]
Townhouse units shall be designed to avoid "look alike" structures and to utilize a variety of construction methods and materials to provide visually diverse finishes, color schemes and facades. No two adjacent individual units within a townhouse structure shall look alike. Architectural plans and elevations shall be required to be submitted for all development applications for approval by the reviewing board.
(d)
The following bulk and yard requirements are applicable to accessory structures in age-restricted developments, to include decks, patios and sheds and any other accessory structure that may be permitted by the homeowners' association covenants and restrictions of record:
(8)
Common open space.
(a)
Minimum open space.
[1]
A land area equal to a minimum of 30% of the gross tract of land area proposed for an age-restricted development shall not be included in lots or other required improvements and shall be set aside for common open space. Open space shall be so planned within the development that a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible is created. NJDEP environmentally protected lands (wetlands and associated buffers, floodplains and wellhead protection areas) may be part of the preserved lands; however, no more than 50% of the common open space shall be comprised of stormwater management basins and facilities, wetlands, floodplains, wellhead protection areas or steep slopes.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[2]
The configuration of the open space areas shall be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities. Land designated as open space shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value.
[3]
The developer may be required to plant trees or perform other landscaping improvements. Said improvements may include the removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or recreational facilities; grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
[4]
Portions of open space shall be developed to afford both passive and active recreational opportunities. Passive recreational activities may include, but are not limited to, pedestrian paths, gardens, sitting areas and naturally preserved areas. Active recreational areas may include, but are not limited to, bicycle paths and court games. The size, location and type of all such recreational facilities shall be as approved by the reviewing board. Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units.
(b)
Ownership of open space. All open space and any other land not platted into lots containing residential dwellings shall be developed as streets or other required improvements, offered for dedication to the Township or transferred to the ownership of a homeowners' association or similar arrangement acceptable to the Township. Land offered for dedication but not accepted by the Township shall be transferred to the homeowners' association or similar organization. All homeowners' associations shall conform to the requirements of § 330-93. The Township may accept the dedication of land or easements at specific locations for particular public purposes.
(9)
Improvement standards.
(a)
Where the regulations applicable to the underlying zone in which the age-restricted residential development is being constructed set forth specifications for any permitted use, accessory use or design and performance standard, those same regulations shall apply within the age-restricted residential development unless specifically different standards are set forth in this section.
(b)
In addition to the applicable requirements of Articles XII and XIII, the following design and performance standards shall apply to all proposed age-restricted developments and shall be considered by the reviewing board in their review of all plans submitted as part of an age-restricted development:
[1]
Passive and active recreation facilities adequate to meet the needs of the residents, as deemed appropriate by the reviewing board, shall be provided. The total cost of the required facilities shall be at least $2,000 per dwelling unit. The provisions of § 330-81B(2), (3) and (4) shall not apply to age-restricted developments.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[2]
All dwelling units constructed under the provisions of this chapter shall be serviced by public water and sewer systems, constructed in conformance with Township standards. Individual wells, septic tanks or cesspools are not permitted. All utilities shall be installed underground.
[3]
Each individual dwelling unit shall be provided with at least a one-car garage with a remote door opener. Each garage shall be accessed by a paved double driveway at least 18 feet wide able to accommodate a minimum of two vehicles. The driveway apron shall be at least 10 feet wide.
[Amended 9-23-2008 by Ord. No. 08-OR-029]
[4]
Bicycle and pedestrian paths shall be provided so as to connect to paths already developed, or for which the Township has developed plans, adjacent to the tract and to paths proposed on the Master Plan.
[5]
The development shall comply with all applicable requirements of the Township ordinances, Master Plan, and the Residential Site Improvement Standards, N.J.A.C. 5:21.
[6]
Adequate provision shall be made through the physical design of the residential cluster development for public services, refuse collection, control over vehicular and pedestrian traffic, the amenities of light and air, recreation and visual enjoyment, and stormwater management.
[7]
Suitable artificial lighting shall be provided along all walks, interior roads and off-street parking areas, with the exception of driveways, providing sufficient illumination for the safety and convenience of residents and vehicular traffic.
[8]
All areas other than preserved natural open space shall be suitably landscaped. Shade trees shall be provided along walks, driveways and parking areas and located in such a manner so that the root systems will not cause damage to these facilities as the trees mature. The reviewing board may require such grading, drainage, walkways, fencing, lights and such other improvements in the common open space as it shall deem appropriate to enhance the intended open space uses. Screening or buffers consisting of fencing, landscaping, asymmetrical undulating berms or other improvements may be required around recreation, parking, utility and refuse disposal areas, and around other similar areas as determined by the reviewing board. All landscaping located within open space areas shall be maintained in good condition, provided with subsurface drip-type irrigation and shall be replaced where necessary by the homeowners' association.
[9]
All age-restricted development shall meet or provide for its growth share of affordable units based on housing and job creation in accordance with Township and COAH regulations and requirements.
(10)
Submission requirements.
(a)
Applications for development of an age-restricted development shall be in accordance with the procedures set forth in Article V.
(b)
Any application for an age-restricted development shall include an impact statement addressing such fiscal impacts as projected tax revenue based on "ratable" value of the proposed development and projected municipal costs.
§ 330-72 Business districts.
A.
Quasi-public buildings and recreation areas. Quasi-public buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit organizations, may be permitted as a conditional use in the B-1 and B-2 Business Zones in accordance with the review and approval procedures set forth in Article V. The reviewing board shall determine that each and every one of the standards set forth in § 330-71F are met.
B.
Public utility uses. Public utility uses shall be permitted as a conditional use in any business zone district in accordance with the review and approval procedures set forth in Article V, and provided that the reviewing board shall find that each and every of the conditions are met as set forth in § 330-71G.
C.
Service stations/convenience stores and auto repair shops. Service stations/convenience stores and auto repair shops shall be a permitted conditional use in any business zone district in accordance with the review and approval procedures set forth in Article V, and provided that the reviewing board shall find the following:
(1)
That the site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps and dispensers to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(2)
The entire area of the site traveled by motor vehicles shall be hard surfaced.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of an enclosed building or storage area. No motor vehicles will be offered for sale on the site. Notwithstanding this prohibition of storage of partly dismantled motor vehicles, such motor vehicles may be stored outside of enclosed buildings or storage area during reasonable periods of time to enable motor vehicles damaged in accidents to be inspected by insurance companies and during such reasonable period as required to obtain parts necessary for repair.
(4)
Motor vehicles awaiting service or repair shall be maintained outside of a closed roof building only in parking spaces approved by the reviewing board.
(5)
An outdoor display of the accessory goods for sale may be erected on the pump or dispenser island and on the building island only. The outdoor display of such items shall be within a suitable metal rack or stand expressly for that purpose.
(6)
All fuel pumps will be located at least 20 feet from any street or property line and shall be attendant operated.
(7)
No service station shall be located closer than 200 feet to any residential zone boundary line. Such distances shall be measured as the distance between the nearest property lines of the respective sites.
(8)
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 120 square feet.
(9)
No waste material whatsoever shall be discharged onto the ground or into any watercourse except in accordance with existing state and local requirements and regulations. All water runoff shall be contained on the site.
(10)
No vehicles shall be permitted to be standing or parked on the premises other than those used by employees in the direct or indirect operation of the establishment and those used by persons awaiting the services offered by the establishment.
(11)
The conditional use permitted under this section shall be restricted to a single structure, single-tenanted property.
D.
Car care/washes. Car-care centers and car washes are permitted as a conditional use within the B-2 Business Zone in accordance with the review and approval procedures set forth in Article V, provided that the reviewing board shall find the following:
(1)
That the site plan indicates the complete system for the handling of water and other wastes and that the same meet the standards and specifications of the Township of Burlington and higher levels of government. That the entire area of the site to be travelled by motor vehicles will be hard surfaced.
(2)
That the design of the use will be such that a minimum of 20 cars may be held on the site while awaiting entry to the facility.
(3)
That no vehicles shall be permitted to be standing or parked on the premises other than those used by employees and the direct or indirect operation of the establishment and those used by those awaiting the service offered by the establishment.
(4)
Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building, and any such machines shall be subject to yard requirements of the zone in which they are located.
(5)
Any outdoor storage of waste material or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.
(6)
No waste material whatsoever shall be discharged into any watercourse except in accordance with existing state and local requirements and regulations. All water runoff shall be contained on the site.
(7)
The conditional use permitted under this section shall be restricted to a single structure, single-tenanted property.
E.
Body shops. Body shops are permitted in the B-2 Business Zone District as a conditional use in accordance with the review and approval procedures set forth in Article V, provided that the reviewing board determines that the following standards are met:
(1)
The entire area of the site for the travel or parking of motor vehicles will be hard surfaced.
(2)
Any repair of motor vehicles will be performed in a fully enclosed building. No motor vehicle will be offered for sale on the site and no motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of any enclosed area.
(3)
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.
(4)
The conditional use permitted under this section shall be restricted to a single structure, single-tenanted property.
F.
New or used car dealership. New and used car dealerships may be allowed as a conditional use in a B-2 Business District Zone in accordance with the procedures set forth in Article V when the reviewing board finds that the following standards are met:
(1)
Vehicles for sale may be displayed out of doors within areas which meet all of the general requirements, including setback from property lines for parking areas.
(2)
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 110 square feet and shall not be closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.
(3)
The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather, hard surface.
(4)
Repair of motor vehicles will be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled or inoperative motor vehicles will be stored outside of an enclosed building.
(5)
Autos or vehicles displayed on the lot and for sale shall be governed by the requirements of § 330-36I of this chapter.
(6)
The conditional use permitted under this section shall be restricted to a single structure, single-tenanted property.
§ 330-73 Industrial districts.
A.
Public utility uses. Public utility uses shall be permitted as a conditional use in any industrial zone districts in accordance with the review and approval procedures set forth in Article V, and provided that the reviewing board shall find that each and every of the conditions are met as set forth in § 330-71F.
B.
Quasi-public buildings and recreation areas. Quasi-public buildings and recreation areas and facilities including clubhouses, parks, playground, swimming pools, tennis courts and other such activities operated by nonprofit organizations may be permitted as a conditional use in any industrial zone in accordance with the review and approval procedures set forth in Article V. The reviewing board shall determine that each and every one of the standards set forth in § 330-71F are met.
C.
Planned industrial park.
(1)
Intent and purpose. It is the intent and purpose of the planned industrial park section to provide for flexibility in the development, approval and promotion of industrial development within the community. It is hoped that by relaxation of normal approval procedures applicants will be able to encourage the settlement of top quality industrial uses within the communities while still affording to the community protection against uncontrolled development without standards.
(2)
Where permitted. Planned industrial parks are permitted in I-1 and I-2 Industrial Zone Districts as a conditional use in accordance with the review and approval procedures set forth in Article V.
(3)
Minimum size. No application for planned industrial park status shall be granted unless the application describes a tract at least 10 acres in size or greater and proposed minimum lot sizes of two acres.
(4)
Procedural steps. An applicant seeking to qualify his proposal as a qualified planned industrial park is required to obtain final subdivision approval for his proposal in accordance with normal subdivision procedures (Article V) except as follows:
(a)
Plat deviation:
[1]
Internal lot division. The applicant shall not be required to set forth upon the plat submitted in connection with his application for preliminary approval of an industrial subdivision internal lot divisions of the tract for which subdivision approval is being sought.
[2]
Roadways. The applicant shall show upon the plat being submitted in connection with preliminary approval of an industrial subdivision only arterial streets to be located within the property limits of the applicant's tract.
[3]
Utilities. Applicant shall designate on his plat being submitted in connection with his application for preliminary approval of his industrial subdivision only major utility lines service to the general tract area; where an arterial road is shown upon the plan which will have utility services placed within its right-of-way, these lines shall be shown.
[4]
Landscaping. The applicant shall designate upon his plan only such landscaping as is generally sufficient to indicate a scheme of landscaping to be employed within the industrial subdivision.
[5]
Other. The applicant shall designate upon his plan only such additional improvements which are of common benefit to the industrial park.
(b)
Deed restrictions and other information required. The applicant shall in connection with the plans being submitted for preliminary approval of an industrial subdivision provide the reviewing board with the following information or documents.
[1]
Deed restrictions. The applicant shall in connection with his application for preliminary approval of an industrial subdivision submit all proposed deed restrictions upon the tract which may or may not include any of the following information required to be provided at the time preliminary application is being made.
[2]
Uses limitation. The applicant shall indicate in deed restrictions, upon the plat, or by reference to zoning regulations, the nature and type of uses contemplated upon the entire tract area.
[3]
Lot coverage. The applicant shall indicate through deed restrictions, by the designation on the plat, or by other devices the regulations dealing with lot coverage contemplated for uses within his tract.
[4]
Sign and fence control. The applicant shall show all sign and fence controls contemplated to be employed with any development within his tract.
[5]
Parking and loading requirements. The applicant shall show all parking and loading requirements and regulations to be employed within the tract.
[6]
Landscaping controls. The applicant shall indicate all landscaping controls and devices designed to ensure adequate landscaping of all areas of the proposed subdivision.
[7]
Maintenance of property. The applicant shall show all devices and provisions for the ongoing continual maintenance of all properties located within the subdivision.
[8]
Storage and removal of trash and industrial waste. The applicant shall indicate all provisions and devices designed to ensure that all trash and industrial waste will be properly stored and/or removed from the tract.
(5)
Findings required. Prior to granting preliminary or final subdivision approval, the reviewing board shall establish that:
(a)
The application submitted properly outlines with sufficient clarity and detail the provisions made by the applicant for limitations on uses, lot coverage, sign and fence control, parking and loading requirements, landscaping controls, maintenance provisions for the ongoing maintenance of the property, provisions for the storage and/or removal of trash and industrial waste.
(b)
In all ways the requirements listed under Subsection C(5)(a) above satisfactorily guarantee to the residents and inhabitants of the Township of Burlington that the industrial subdivision outlined within the application will not adversely affect the community interest by reason of:
(c)
The application for a planned industrial park denotes a project which will not adversely affect present or future development of the Township by reason of:
[1]
Conflict of the proposals set forth within the application to any provision of the Master Plan regarding the types of land used, intensity of land use, density of population, circulation requirements, community facility requirements, open space preservation, recreational needs.
[2]
Conflict with any provision of the Township Official Map.
(6)
Approval conditions. In granting preliminary and final subdivision approval to an application for a planned industrial park the reviewing board shall establish conditions:
(b)
Establishing timetables for the construction of all improvements required in connection with the application.
(c)
Establishing that all development proposals will be the subject matter of site plan review involving a review of the relationship which the development proposal bears to the overall development of the planned industrial park.
(d)
Establishing the amount and timing of posting of all performance guarantees required in connection with the application.
(e)
Establishing use limitations, bulk limitations, improvement requirements, utility requirements, lot coverage limitations, sign and fence controls, parking and loading requirements, landscape controls, maintenance controls, trash and industrial waste storage and removal standards found necessary by the reviewing board for the proper development of the tract.
(7)
Approval. Final approval of a planned industrial park shall grant to the applicant, in addition to the rights established under N.J.S.A. 40:55D-49, the right to apply for minor subdivision approval for the rearrangement or creation of interior lot lines. Under this application, additional improvements or relocation of initial improvements and any other matter pertaining to the development of the tract within the perimeter boundaries shall be handled under the minor subdivision procedures regardless of the number of lots involved and the number of subdivisions that the application makes or has in the past made, provided that each interior subdivision meets the approval standards established at the time the applicant's application for planned industrial park approval was reviewed and granted. At the time approval is requested as a minor subdivision, the reviewing board shall review and find that the subdivision requested, in addition to conforming to the general terms of approval:
(a)
Does not involve the off-tract extension of any municipal facilities.
(b)
Does not front on any major street.
(c)
Does not, in the opinion of the reviewing board, adversely affect the development of the remainder of the parcel by:
(d)
Does not, in the opinion of the reviewing board, adversely affect the adjoining property by reason of:
(e)
Does not adversely affect the present or future development of the Township by reason of:
(f)
Requires that the developer installs any improvements required or provides for same under the bonding provisions as outlined below and furnishes the Township with any documentation, guarantee or proof of improvement installation as the reviewing board may require.
D.
Retail sales shall be permitted as a conditional use in any industrial zone district. Such sales must be subordinate to the principal use. Sales are permitted of products manufactured or assembled by the entity utilizing the site. Retail sales space shall not exceed 2,000 square feet or 10% of each occupancy, whichever is smaller. Retail sales must comply with the design and performance standards of this chapter, including, but not limited to, parking under § 330-99.
§ 330-74 Planned retirement community (PRC) development.
[Added 4-12-2005 by Ord. No. 05-OR-008]
A.
Intent and purpose. The Township Council, to further the following goals and objectives of the Master Plan, has determined that attached or detached residential cluster housing as part of a planned retirement community for adults 55 years of age or older should be permitted within specific areas as a conditional use:
(1)
To allow for innovation in residential development to meet the needs of our senior residents 55 years of age or older for a variety of housing types, sizes, designs and forms of ownership.
(2)
To provide flexible design methods which can relate the type and layout of residential developments to the particular site constraints and to the particular market demands for age-restricted housing and related facilities.
(3)
To protect our environmentally sensitive lands and desirable uplands, including stream corridors, wetlands, floodplains, forests, farmland and other critical site features and natural resources, by requiring that the more fragile or fertile areas of the site remain in preserved open space, either improved or unimproved.
(4)
To provide for recreation facilities which are appropriate to the needs and convenience of residents who are 55 years of age or older.
(5)
To require installation of pedestrian and bicycle circulation networks to reduce vehicular dependence and encourage healthful living, to serve the residents of the development, and to integrate the networks with other community and extra-community facilities.
B.
Where permitted. The following sites may be developed in accordance with the PRC conditional use development regulations:
(1)
Block 124, Lots 4.01, 9, 10 and 12; Block 109.31, Lots 1 and 7. These sites are shown on the Zoning Map of Burlington Township, which is on file in the Office of the Township Engineer.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
(2)
Block 130.02, Lot 1.11; Block 132, Lots 2, 10.01, 17 through 24, 25.01 and 27.02; Block 133, Lots 1, 1.01, 2, 2.03, 3 and 3.01; Block 134, Lots 2.02, 3 and 3.03; Block 137, Lot 2; Block 139, Lots 5, 7.01, 9 and 17.
[Added 1-12-2010 by Ord. No. 10-OR-003]
C. ACCESSORY STRUCTURE CLUBHOUSE DWELLING, ONE-FAMILY ATTACHED (TOWNHOUSE) DWELLING, ONE-FAMILY DETACHED OPEN SPACE TEMPORARY SALES OFFICE AND/OR MODEL HOME
Definitions. The following definitions shall apply to the PRC conditional use:
A structure that is subordinate to the principal building, structure or use and located on the same lot, which is constructed in conformance with the applicable yard setback requirements and conditions set forth in this section.
A clubhouse, for use solely by the residents of the PRC, shall be constructed with a minimum square footage of 30 square feet per unit in the development, with a minimum size of 10,000 square feet.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
One of a series of more than one single-family dwelling units which are attached by a common wall horizontally separating it from the adjacent units together with individual rear and front yards designed as an integral part of each unit and having been constructed in conformity with the approved PRC plan.
A detached building, located on a separate lot, designed for and occupied exclusively by one family.
Passive and active recreation facilities, approved by the reviewing board, for the common use of the residents. Age-appropriate recreational facilities, such as swimming pools, tennis courts, bocce ball, jogging areas, putting greens, gardens and lawn areas, shall be provided to meet the needs of the residents. These needs shall be met through the construction of facilities within each section or through the construction of common facilities for the entire development.
A structure, approved by the Department of Licenses and Inspections, utilized for the sale of dwelling units within the development. A model home shall meet all applicable bulk, yard and setback requirements set forth in this section. A temporary sales office shall be removed within 30 days following the sale of the last dwelling unit within the development.
D.
Uses permitted. Within a PRC conditional use the following uses shall be permitted:
(1)
Planned unit residential development including one-family detached dwellings and one-family attached dwellings; temporary sales office or model homes; accessory structures; open space and clubhouses.
(2)
Commercial/retail uses primarily for the purpose of providing goods and services for the residents of the PRC that meet the bulk requirements and other applicable requirements of this section, if permitted by the underlying zoning, upon the reviewing board finding that the requirements of this chapter have been met. Permitted uses shall be limited to those uses currently permitted in the B-3 Neighborhood Business Zone District in accordance with Article VII.
E.
Prohibited uses. Within the PRC conditional use, swimming pools are specifically prohibited on individual residential lots. The exterior storage of any boat, motor home, travel trailer, camper, recreational or commercial vehicle is specifically prohibited on individual residential lots or open space.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
F.
Age restrictions. The land for a PRC shall be restricted through bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, with the following exceptions:
(1)
A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or older.
(2)
Emancipated children, residing with their parent or parents where one of the parents with whom the child is residing is 55 years of age or older.
(3)
One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one or more of the adult occupants 55 years of age or older.
(4)
Special situations as approved by the homeowners' association.
G.
Bulk, area and other regulations.
(1)
The following shall be the standards for a PRC:
(a)
Maximum gross density: four units per acre, based upon the acreage and dwelling units within the residential portion of the tract.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
(b)
Minimum gross area of tract. Each site shall consist of at least 40 contiguous acres. Lots separated by public streets or rights-of-way shall be considered contiguous for the purposes of this section.
(c)
Maximum impervious coverage for total tract: 40%. Impervious cover shall include, but not necessarily be limited to, buildings, stone, pavers, concrete and asphalt (to include porous concrete and asphalt).
[Amended 9-23-2008 by Ord. No. 08-OR-030]
(d)
Minimum buffer requirements along tract boundaries. There shall be a buffer area with a minimum width of 100 feet along the perimeter of the PRC adjacent to existing roads, of which 50 feet shall be landscaped. Elsewhere along the perimeter of the PRC, the buffer area shall be a minimum of 70 feet, of which 35 feet shall be landscaped. However, this requirement may be modified where adjacent to the tract boundaries there exists on the adjoining property at least 50 feet of dedicated open space or undeveloped, publicly owned lands and the reviewing board finds that additional buffering is unnecessary. No structure, activity, storage of materials or parking of vehicles shall be permitted in the required buffer area. The landscape planting density of the buffer shall be determined by the Planning Board based upon the following factors:
[Amended 11-27-2007 by Ord. No. 07-OR-031]
(2)
The following shall be standards for residential unit types permitted in a PRC:
(a)
Single-family detached.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
[1]
Minimum lot width and frontage: 50 feet.
[2]
Minimum lot depth: 100 feet.
[3]
Minimum lot area: 6,000 square feet.
[4]
Minimum front yard setback from right-of-way to garage: 20 feet.
[5]
Minimum side yard setback: seven feet; 15 feet combined.
[6]
Minimum rear yard setback: 20 feet.
[7]
Maximum building height: 35 feet.
[8]
Maximum lot coverage: 60%.
(b)
Single-family attached (townhouses).
[1]
Minimum lot width and frontage: 28 feet.
[2]
Minimum lot depth: 90 feet.
[3]
Minimum lot area: 2,700 square feet.
[4]
Minimum front yard setback from right-of-way to garage: 20 feet.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
[5]
Minimum side yard setback: 15 feet (end units).
[6]
Minimum rear yard setback: 20 feet.
[7]
Maximum building height: 27 feet.
[8]
Maximum lot coverage: 85%.
[9]
Minimum number of units per structure: two.
[10]
Maximum number of units per structure: six.
(3)
The following shall be standards for commercial/retail uses permitted as part of a PRC:
(a)
Minimum lot width and frontage: 150 feet.
(b)
Minimum lot area: 40,000 square feet.
(c)
Minimum front yard setback: 50 feet.
(d)
Minimum side yard setback: 25 feet.
(e)
Minimum rear yard setback: 50 feet.
(f)
Maximum height: 35 feet.
(g)
Maximum lot coverage: 50%.
(h)
Minimum building setback from any existing road: 80 feet.
(i)
Minimum building setback from any property not developed under the provisions of this overlay district: 100 feet.
(j)
Minimum building setback from any existing or proposed residential dwelling: 200 feet.
(k)
Minimum landscaped buffer within building setback: 50% of setback.
(4)
The following additional requirements are applicable to townhouses:
(a)
Front yard setback. Limits of front yard setbacks shall stagger with a minimum setback of 20 feet measured from the right-of-way to the garage. Fifty percent of all units may have a setback of 20 feet to 23 feet. The remaining lots shall have setbacks from 23 feet to 25 feet or greater. Corner lots shall conform to front yard setbacks on both streets.
(b)
Arrangement of buildings. Multifamily (townhouse) structures, containing two to six dwelling units, shall be no closer to another residential dwelling or structure than 60 feet, as measured between their closest points.
(c)
Townhouse units shall be designed to avoid "look alike" structures and to utilize a variety of construction methods and materials to provide visually diverse finishes, color schemes and facades. No two adjacent individual units within a townhouse structure shall look alike. Architectural plans and elevations shall be required to be submitted for all development applications for approval by the reviewing board.
(5)
The following bulk and yard requirements are applicable to accessory structures to include decks, patios and sheds and any other accessory structure that may be permitted by the homeowners' association recorded documents, including any restrictive covenants:
H.
Common open space.
(1)
Minimum open space.
(a)
A land area equal to a minimum of 40% of the gross tract of land area proposed for a planned retirement community shall not be included in lots or other required improvements and shall be set aside for common open space recreation or preservation (usable and preserved for the benefit of the residents of the PRC). Open space shall be so planned within the development that a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible is created. NJDEP environmentally protected lands (wetlands and associated buffers, floodplains and wellhead protection areas) may be part of the preserved lands; however, no more than 40% of the common open space shall be comprised of stormwater management basins and facilities, wetlands, floodplains, wellhead protection areas or steep slopes.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
(b)
The configuration of the open space areas shall be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities. Land designated as open space shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value.
(c)
The developer may be required to plant trees or perform other landscaping improvements. Said improvements may include the removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth; removal of trees in areas planned for ponds, lakes or recreational facilities; grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
(d)
Portions of open space shall be developed to afford both passive and active recreational opportunities. Passive recreational activities may include, but are not limited to, pedestrian paths, gardens, sitting areas and naturally preserved areas. Active recreational areas may include, but are not limited to, bicycle paths and court games. The size, location and type of all such recreational facilities shall be as approved by the reviewing board. A comprehensive recreation plan shall be submitted to the reviewing board to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor and indoor tennis courts, shuffleboard/bocce courts, swimming pools, clubhouses and seating areas. Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units.
(2)
Ownership of open space. All open space and any other land not platted into lots containing residential dwellings shall be developed as streets or other required improvements, offered for dedication to the Township, or transferred to the ownership of a homeowners' association or similar arrangement acceptable to the Township. Land offered for dedication but not accepted by the Township shall be transferred to the homeowners' association or similar organization. All homeowners' associations shall conform to the requirements of § 330-93. The Township may accept the dedication of land or easements at specific locations for particular public purposes.
I.
Improvement standards.
(1)
Where the regulations applicable to the underlying zone in which the PRC development is being constructed set forth specifications for any permitted use, accessory use or design, performance or procedural standards, those same regulations shall apply within the PRC unless specifically different standards are set forth in this section.
(2)
In addition to the applicable requirements of Articles XII and XIII, the following design and performance standards shall apply to all proposed PRCs and shall be considered by the reviewing board in its review of all plans submitted as part of a PRC:
(a)
Passive and active recreation facilities adequate to meet the needs of the residents, as deemed appropriate by the reviewing board, shall be provided. The total cost of the required facilities shall be at least $3,000 per dwelling unit. The provisions of § 330-81B(2), (3) and (4) shall not apply to PRCs.
(b)
All dwelling units constructed under the provisions of this chapter shall be serviced by public water and sewer systems constructed in conformance with Township standards. Individual wells, septic tanks or cesspools are not permitted. All utilities shall be installed underground.
(c)
Each individual dwelling unit shall be provided with at least a one-car garage with a remote door opener. Each garage shall be accessed by a paved double driveway at least 18 feet wide able to accommodate a minimum of two vehicles. The driveway apron shall be at least 10 feet wide.
[Amended 9-23-2008 by Ord. No. 08-OR-030]
(d)
Bicycle and pedestrian paths shall be provided so as to connect to paths already developed, or for which the Township has developed plans, adjacent to the tract and to paths proposed on the Master Plan. The circulation element of the PRC shall coordinate the road network, sidewalk layout and bikeways for the entire development with emphasis on access to the clubhouse.
(e)
The development shall comply with all applicable requirements of the Township ordinances, Master Plan and the Residential Site Improvement Standards, N.J.A.C. 5:21.
(f)
Adequate provision shall be made through the physical design of the residential cluster development for public services, refuse collection, control over vehicular and pedestrian traffic, the amenities of light and air, recreation and visual enjoyment, and stormwater management.
(g)
Suitable artificial lighting shall be provided along all walks, interior roads and off-street parking areas, with the exception of driveways, providing sufficient illumination for the safety and convenience of residents and vehicular traffic.
(h)
All areas other than preserved natural open space shall be suitably landscaped. Shade trees shall be provided along walks, driveways, and parking areas and located in such a manner so that the root systems will not cause damage to these facilities as the trees mature. The reviewing board may require such grading, drainage, walkways, fencing, lights and such other improvements in the common open space as it shall deem appropriate to enhance the intended open space uses. Screening or buffers consisting of fencing, landscaping, asymmetrical undulating berms or other improvements may be required around recreation, parking, utility and refuse disposal areas, and around other similar areas as determined by the reviewing board. All landscaping located within open space areas shall be maintained in good condition, provided with subsurface drip-type irrigation and shall be replaced where necessary by the homeowners' association.
(i)
The PRC shall meet or provide for its growth share of affordable units based on housing and job creation in accordance with Township and COAH regulations and requirements.
(j)
Each PRC shall be considered a planned unit residential development, and prior to approval to any such PRC, the reviewing board shall find the facts and conclusions required by N.J.S.A. 40:55D-45 et seq.
J.
Submission requirements.
(1)
Applications for development of a planned retirement community shall be in accordance with the procedures set forth in Article V.
(2)
Any application for a planned retirement community shall include an impact statement addressing such fiscal impacts, including but limited to, projected tax revenue based on "ratable" value of the proposed development and projected municipal costs.