Edison City Zoning Code
§ 37-11.9
Planned Residential Development Option.
[1999 Code § 17.20.090]
Any and all provisions of the Subdivision and Site Plan Regulations, Chapter 36, shall constitute the collective development regulations of planned residential development options.
a.
Intent and Purpose. The planned residential development intent and purposes are:
1.
To provide for necessary educational and recreational facilities conveniently located to such housing;
2.
To encourage innovations in residential development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space auxiliary to such buildings;
3.
To provide greater opportunities for better housing and recreation, conveniently located to each other;
4.
To encourage a more efficient use of land and of public services, private services in lieu thereof;
5.
To lessen the burden of traffic on streets and highways;
6.
To encourage builders to incorporate land;
7.
To provide a procedure which can relate the type, design and layout of residential development to the particular demand for housing and other facilities including the foregoing at the time of development a manner consistent with the preservation of the property values within established residential areas to insure that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development.
b.
Location of Planned Residential Development. The provision of this subsection shall apply only to the RA(PRD) district wherein planned residential development options are permitted.
c.
Development Application Filing Procedure.
1.
An applicant may request an informal review of application by the Board. No fee shall be charged for the review, and no written report from the Board or its technical or professional advisors shall be provided.
2.
Filing Application. The applicant shall pay all fees and file copies of plans with the Planning Board. Plans shall be reviewed by technical and professional advisors of the Board and report to the Board. The Board, within forty-five (45) days of filing of the application, shall determine by resolution whether or not the plans are complete as per N.J.S.A. 40:55D-1 et seq. The Board, after determination that the application is complete, shall schedule a public hearing and act upon said application in accordance with law. All planned residential development applications shall be made as a simultaneous major site plan and subdivision application.
d.
Permitted Uses. Uses permitted in a planned residential development may include and shall be limited to:
1.
Detached single-family dwellings and accessory structures thereto;
2.
Attached single-family dwellings and accessory structures thereto. For purposes of this section no more than one (1) dwelling shall be located on a lot and no more than two (2) dwellings shall be attached one to another; and further provided, that the word "attached" means common bearing wall(s) and foundation(s) but shall not be construed to include fencing, decks or other architectural appurtenances as connecting structural parts;
3.
Accessory uses shall be limited to customary and incidental uses and structures to single-family dwellings; accessory uses shall not include home offices or occupations.
e.
Development Schedule.
1.
Planned residential development applications shall comply with the applicable standards hereafter and all other applicable standards of this chapter.
2.
Development Standards.
(a)
Minimum acres: forty (40) acres. [The minimum required area shall include only lands adjacent or contiguous to each other under single or combined ownership and located entirely within the R-A (PRD) District.]
(b)
Maximum gross density: four and five-tenths (4.5) acres. [Gross density shall be calculated by dividing the total number of proposed lots by the total acreage of the development application.]
(c)
Minimum lot size for detached single-family dwelling: eight thousand five hundred (8,500) square feet.
(d)
Minimum lot width for single-family detached dwelling: eighty (80) feet.
(e)
Minimum lot size for attached single-family dwellings: six thousand (6,000) square feet.
(f)
Minimum lot width for attached single-family dwellings: fifty-five (55) feet.
(g)
Minimum/maximum percentage of single-family detached homes to total homes: thirty-five (35%) percent/sixty-five (65%) percent.
(h)
Minimum/maximum percentage of single-family attached homes to total homes: thirty-five (35%) percent/sixty-five (65%) percent.
(i)
Minimum percentage open space: five (5%) percent.
Minimum required open space and public area shall include all lands, whether to be in common open space, public facility areas or public areas. Required open space lands shall not include yard areas of lots in private individual ownership, land area within the right-of-way of a public or private street and land area between walkways or sidewalks and buildings wherein the principal use of said lands is to provide for pedestrian traffic to and from buildings and parking lots.
f.
Development Regulations for Single-Family Detached Homes.
1.
The lot size and all other development standards of an adjacent residential zone shall be the minimum standards of development of any lot(s) created within a planned residential development which is adjacent to a residential zone boundary.
2.
No lot shall front an existing or proposed street classified as other than a local access street in the adopted Master Plan of Edison Township.
3.
Except as required above and provided herein, the minimum development standards for lots shall be as set for the R-B district except that lot sizes may be varied not to exceed thirty-five (35%) percent of total lots and that no lots shall have an area of seven thousand five hundred (7,500) square feet or less and provided that an equal number of lots shall exceed eight thousand five hundred (8,500) square feet.
4.
No detached accessory structures shall be permitted.
5.
Floor plans and building elevations shall be submitted of all proposed housing types.
6.
Typical landscaping plans shall be required.
g.
Development Regulations for Single-Family Attached Homes.
1.
No lot proposed to be developed for an attached single-family dwelling shall be adjacent or contiguous to a lot located in the R-A district.
2.
No more than two (2) single-family dwellings shall be attached one to another.
3.
The minimum yard-depth requirement shall be as follows:
(a)
Front yard depth: twenty (20) feet from a public street right-of-way or twenty-five (25) feet from the curb of a private street.
(b)
One (1) side yard: zero.
(c)
One (1) side yard: fifteen (15) feet.
(d)
Rear yard: thirty-five (35) feet.
(e)
Maximum percentage of lot coverage by building(s): thirty-five (35%) percent.
4.
Accessory Structures.
(a)
No attached accessory structures shall have a floor area of more than eighty (80) square feet or a height of more than ten (10) feet.
(b)
No attached accessory structure shall extend more than six (6) feet from the side wall of the principal dwelling to which attached, and, further, such accessory structure shall comply with side yard requirements for the principal structure.
(c)
Any attached accessory structure shall be of the same color as the principal structure to which attached.
5.
No structure shall exceed thirty (30) feet in height.
6.
Floor plans and building elevations shall be submitted of all proposed housing types.
7.
Typical landscaping plans shall be required.
8.
All attached single-family dwelling units shall be served by individual driveways connected to a public or private street. The driveway shall have a minimum surface area of one hundred sixty (160) square feet and minimum width of eight (8) feet.
h.
Density Modification. To encourage flexibility of housing density, design and type intended, for a development proposed to be developed over a period of years, deviations may be authorized from the density or intensity of use established for the entire planned development. The Planning Board may allow for a greater concentration of density or intensity of land use within a section or sections of the development, whether it be earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation on the remaining land by a grant of easement or covenant in favor of the municipality.
i.
Open Space Regulations.
1.
In reviewing applications for a planned residential development the Planning Board will require evidence that adequate open space in appropriate locations will be available.
2.
Open space must have safe and convenient pedestrian access.
3.
The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Such open space shall consist of any combination of common space, public open space and public areas.
4.
Common Open Space. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space and such organization shall be established and regulated by all applicable standards and conditions of State statute.
j.
Roadway Standards.
1.
All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township subdivision standards.
2.
The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:
k.
Development Staging. As a condition to preliminary approval of the planned residential development plan, the Board may permit the implementation of the plan in whole or in sections or in stages consisting of one (1) or more sections or stages, under the sequence of actions determined as a part of the planned residential development district plan. Such sections or stages shall be:
1.
Substantially functionally self-contained and self-sustaining with regard to access, parking utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development;
2.
Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the planned residential development district;
3.
Provided with such temporary or permanent transitional features, buffers or protective areas as the conditions of ownership and maintenance may require to prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the planned development. Plans and specifications of such sections or stages are to be filed with the Board and are to be of sufficient detail and at such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.
l.
Improvement Guarantees.
1.
Before consideration of final approval or, as a condition of the preliminary approval, the applicant shall have installed the improvements specified as part of the conditions of preliminary approval, or the Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements or the conditions approved as part of the preliminary approval.
2.
Improvement. Prior to the granting of final approval, the applicant shall have installed or shall have first post-performance guarantees for the ultimate installation of all improvements required.
m.
Enforcement and Modification of Development Plan. To further the mutual interest of the residents and owners of the planned residential development and of the public in the preservation of the integrity of the plans finally approved, and to secure that modifications, if any, in the plans shall not impair the reasonable, reliance of the residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
1.
Enforcement by the Township of the provisions of the plans relating to the use of land and the use, bulk and location of buildings and structures; to the quality and location of common open space; and to the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township without limitation of any powers or regulation otherwise granted the Township by law.
2.
Provision of the plans shall run in favor of the residents of the planned development, but only to the extent expressly provided in the plans and in accordance with the terms of the plans, and to that extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents and owners, acting individually, jointly or through an organization designated in the plans to act on their behalf; provided, however, that no provisions of the plans shall be implied to exist in favor of residents and owners of the development except as to those portions of the plans which have been finally approved and have been recorded.
3.
Modification of the Plan by the Township. All those provisions of the plans authorized to be enforced by the Township under paragraph m1 above may be modified, removed or released by the Township (except grants or easements relating to the service or equipment of a public utility), subject to the following conditions:
(a)
No such modification, removal or release of the provisions of a plan by the Township shall affect the rights of the residents and owners of the developments to maintain and enforce those provisions, at law or equity, as provided above.
(b)
No modification, removal or release of the provisions of a plan by the municipality shall be permitted except upon a finding by the Board following a public hearing called and held in accordance with law, that the same is consistent with the efficient development and preservation of the entire development, does not adversely affect either the enjoyment of land abutting upon or across a street from the development or the public interest, and is not granted solely to confer a special benefit upon any person.
4.
Modification by the Residents. Residents and owners of a development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the Township to enforce the provisions of the plan.
n.
Contents of Application. In addition to the requirements for subdivision and site plan map submission, a planned residential development application shall include such information as is reasonably necessary to disclose the following:
1.
The location, district and size of the site and the nature of the landowner's interest in the land to be developed;
2.
The type of land use to be allocated to parts of the site to be developed;
3.
The location and size of any open space;
4.
The use and the approximate height, bulk and location of buildings and other structures;
5.
The feasibility of proposals for the disposition of sanitary waste and stormwater, and for the provision of other utilities and services such as water supply and solid waste disposal;
6.
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;
7.
The provisions for the parking of vehicles and the location and width of proposed streets and public ways;
8.
In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the development are intended to be filed and the developer's financial responsibility;
9.
A written statement by the landowner or any other entity having cognizable interest in the land, setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest and would be consistent with the municipal statement of objectives.