Edison City Zoning Code
§ 37-13.6
Planned Unit Development PUD Standards and Requirements.
[1999 Code § 17.28.070; Ord. No. O.1941-2016; Ord. No. O.1953-2016]
a.
Statement of Objectives.
1.
It is the specific intent of this section to create a balanced development composed of the integrated uses developed in accordance with an overall Master Plan for the district.
2.
It is recognized that the development of this zone and the development of uses herein may take place over a long period of time, and further that the development would be accomplished in steps or phases. It is, nevertheless, the intent that all steps or phases and elements of development shall be combined into one plan or master development for the entire zone.
3.
It is the intent to regulate the intensity of the permissible uses and to afford a combination of uses to the extent that the entire zone is developed as one (1) unit encompassing all those uses consistent with the limitations of the area and a reasonable utilization of the property and compatible with the Comprehensive Plan of this Township.
b.
Permitted Uses. The following are permitted uses within a PUD subject to development regulations as set forth hereinafter:
1.
Commercial uses similar to, but not limited to, restaurants, health spas, indoor recreation centers, inclusive of tennis, skating, handball and swimming facilities, indoor theaters, department stores, drugstores, clothing and shoe sales, gift shops, banks and delicatessens and personal service uses, not including freestanding fast-food stores, as defined in this chapter;
2.
Motel and hotels, provided that the use shall have no less than one hundred (100) rental rooms or suites, and further provided that the use shall include restaurant and banquet facilities, meeting and conference rooms, and that restaurant and meeting room space shall amount to not less than twenty (20%) percent of the total floor area of the motel/hotel;
3.
Office buildings for professional, executive, administrative and management purposes;
4.
Television and radio studios;
5.
Civic, cultural, educational or religious uses;
6.
Private and public golf course;
7.
Mid-rise residential structure(s) of not less than six (6) stories and no more than nine (9) stories in height;
8.
Apartment and garden apartments;
9.
Townhouses;
10.
Single-family detached dwelling;
11.
Public and semipublic facilities limited to church or other religious facility, rescue squads and fraternal eleemosynary uses.
c.
Accessory Uses: uses customary and incidental to the principal uses.
d.
Conditional Uses: none.
e.
Height, Area and Bulk Requirements. For a planned unit development, the following standards are established. The standards set forth in this subsection apply to the entire development and not to subsequent subdivision within the overall development. Individual uses and standards regulating the density and intensity of use are set forth under paragraph f. below.
1.
Minimum Acreage for a PUD. The minimum land area shall be three hundred fifty (350) acres. The minimum required area shall include only lands adjacent or contiguous to each other under single or combined ownership and located within the zone district specified. A street shall not be construed to divide lands for purposes of this section.
2.
Nonresidential Use Limits.
(a)
Commercial Uses. A retail service use center shall be permitted subject to the following:
(1)
No center shall have a floor area of less than twenty-five thousand (25,000) square feet nor greater than one hundred thousand (100,000) square feet.
(2)
A center may consist of one (1) or more structures or may be developed as part of midrise residential structure(s). In any event, such center shall be planned, designed and constructed in such a fashion to function as an integrated part of the entire planned unit development.
(b)
Office and Hotel Uses.
(1)
Such uses shall occupy not more than thirty (30%) percent or sixty (60) acres, whichever the lesser, of the developable land area of the PUD.
(2)
The floor area ratio of building(s) located upon the designed tracts to be used for office and hotel use shall not exceed three hundred thirty-three thousandths (0.333).
3.
Open Space Requirement. The minimum percent of required open space of the total area of the tract shall be forty (40%) percent of the entire PUD tract.
4.
Residential Density Standards and Limitations.
(a)
The maximum overall density of a PUD shall not exceed six (6) dwellings per acre. The overall (gross) density shall be calculated by the total number of proposed dwellings by the total acreage of the PUD.
(1)
The net residential density of a PUD shall not exceed twelve and five-tenths (12.5) dwellings per acre. This net density shall be calculated by dividing the total number of proposed dwellings by the total developable acres proposed for residential use in the PUD.
(2)
Developable land shall include all acreage of the PUD not classified as floodway or as upland wetland preservation area. The delineation of floodway and upland wetland preservation area shall be certified by New Jersey Department of Environmental Protection and shown on a map signed and sealed by a licensed land surveyor in the State of New Jersey.
(b)
The permitted mix of the various residential uses shall be as follows:
Percent of Total Units | ||
|---|---|---|
Housing Type | Minimum | Maximum |
Low-rise apartment units | 0 | 70 |
Mid-rise units | 0 | 30 |
Garden apartment units | 0 | 50 |
Townhouse units | 0 | 50 |
Single-family detached units | 0 | 50 |
f.
Standards and Requirements for Single-Family Development in a PUD Development. The minimum standards and requirements shall be set forth in the R-B zone.
g.
Standards and Requirements for Townhouse Development in a PUD. The minimum standards and requirements shall be as set forth in the R-B zone, except that a net density of seven (7) townhouse units per acre shall be permitted within a townhouse cluster in a PUD.
h.
Standards and Requirements for Apartments and Garden Apartment Development in a PUD Development. The minimum standards and requirements shall be as set forth in the L-R zone with the following exceptions:
1.
A total of twenty-four (24) dwelling units shall be permitted in a single structure.
2.
The minimum distance between structures shall be equal to one-half (1/2) the total height of the adjacent structures, except that the side to side minimum distance between buildings shall be twenty (20) feet.
3.
No continuous wall shall exceed two hundred ten (210) feet in length. For purposes of this subsection, a "continuous wall" shall mean any wall which is parallel to the center line of the building's roof. A seventy-five (75) degree angle of declination of one wall to the next wall shall be required to establish discontinuity.
4.
Density. No more than ten (10) apartment units per acre shall be permitted for two-story apartment buildings and no more than twenty (20) apartment units per acre shall be permitted for three-story apartment buildings.
5.
Where the PUD apartment or garden apartment component abuts an existing utility right-of-way having a width of one hundred (100) feet or greater, the required side yard setback may be reduced from fifty (50) feet to forty-five (45) feet.
6.
The minimum required front building setback to a private roadway shall be ten (10) feet.
i.
Standards and Requirements for Mid-Rise Residential Development in a PUD Development. The main standards and requirements shall be as follows:
1.
No structure shall have a height of less than six (6) stories.
2.
No structure shall have a height of greater than nine (9) stories.
3.
The net density of a midrise residential cluster shall not exceed forty (40) dwelling units per acre.
4.
The minimum distance between structures shall be equal to one-half (1/2) the total height of adjacent structures.
5.
No continuous wall shall exceed two hundred ten (210) feet in length. For purposes of this subsection, a "continuous wall" shall mean any wall which is parallel to the center line of the building's roof. A seventy-five (75) degree angle of declination of one wall to the next wall shall be required to establish discontinuity.
j.
Affordable Housing Requirements.
The development of all multi-family residential development, of the various permitted types, within a PUD shall comply with the following Affordable Housing Requirements:
1.
For Sale Developments:
Total Number of Units | Minimum Percent of Affordable Housing Units |
|---|---|
10 and under | none* |
11-20 | 10% |
21-50 | 15% |
Over 51 | 20% |
*Units 10 and under are subject to the development fee |
2.
Rental Units:
Total Number of Units | Minimum Percent of Affordable Housing Units |
|---|---|
10 and under | none* |
11-20 | 10% |
21-50 | 15% |
Over 51 | 20% |
*Units 10 and under are subject to the development fee | |
3.
Pursuant to the Amended Settlement Agreement In the Matter of Certification or Judgement of Compliance and Repose of its Obligations Under the Fair Housing Act and Approval of its Amended Spending Plan, Docket No. MID-L-3944-15 (the "Settlement Agreement"), certain terms and conditions applicable to the inclusionary development of Block 762, Lot 1A, and Block 3B, Lot 18 in its entirety and a portion of Lot 19 (the "Properties") were agreed to by the parties and which terms and conditions were approved by the Court. Where the terms of the Settlement Agreement conflict with terms of the Township Affordable Housing Ordinance, the terms of the Settlement Agreement shall control any development application relative to the Properties.
[Ord. No. O.1953-2016]
k.
Standards and Requirements for Commercial Land Service Development in a PUD Development. The minimum standards and requirements shall be as follows: commercial and service uses may occupy space within a midrise residential structure and/or be designed and developed as separate freestanding structure(s), the standards and requirements of the G-BH zone shall be the minimum standards and requirements for development.
l.
Standards and Requirements for Office and Hotel Use in a PUD Development. The minimum standard and requirements shall be as set forth in the ROL district.
m.
Application Procedure.
1.
The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter 39, Land Use, and further shall indicate the general location of buildings (except single-family dwellings), parking areas and roadways as well as any other significant site development features planned by the applicant. The purpose of the sketch development plan are:
(a)
To establish the land use plan for the site;
(b)
To establish staging or phasing of site development;
(c)
To determine at the earliest possible time any off-site improvements required as a result of the development;
(d)
To determine design criteria for buffer areas, parking lot locations, open space areas, etc., and as applicable.
2.
The applicant, after approval of the overall development plan, shall proceed with formal site plan and subdivision applications for all or phase(s) of the development.
3.
Preliminary application for development shall be made under and in accord with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in the land use ordinance.
n.
Other Requirements.
1.
Open Storage of Materials. No open display or storage of products, materials and equipment shall be permitted.
2.
Transition Requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential district, unless the side or rear lot line coincides with a State, Federal highway or railroad, a buffer area at least fifty (50) feet in width, plus five (5) feet additional width for each ten (10) foot interval or fraction thereof of the principal building exceeding twenty-five (25) feet in height. The buffer area shall be landscaped and fenced to provide screening of the uses and associated activities of the lot from adjoining residential districts.
3.
Site Access. Recognizing the heavy traffic flow existing and projected within I-287, Talmadge Road, Park Avenue area of Edison, a connection of Talmadge Road to the Park Avenue extension shall be required.
4.
Building Separation. No office building shall be located within one hundred (100) feet of a residential multifamily building or one-half (1/2) the sum of the height of adjacent commercial and/or office and residential buildings, whichever is the greater.
5.
Off-street parking space may be located in the front, side and rear yards; provided, however, that no parking space shall be located nearer than fifteen (15) feet to any street, nor closer than ten (10) feet to any building, and provided further that complete building perimeter parking is prohibited.
o.
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.
p.
Open Space Regulations.
1.
In reviewing applications for a PUD 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.
q.
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:
r.
Development Staging. As a condition to preliminary approval of the PUD 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 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.
Property 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 PUD 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 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.
s.
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.
t.
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 what extent the provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by 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 plan authorized to be enforced by the Township 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 or 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.
(c)
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.
u.
Contents of Application. In addition to the requirements for subdivision and site plan map submission and other requirements hereinabove, a PUD 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.
A traffic improvement plan setting forth on- and off-site improvements, scheduling as a function of development and detailing of permit requirements necessary to complete;
6.
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;
7.
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;
8.
The provision for the parking of vehicles and the location and width of proposed streets and public ways;
9.
In the case of plans which call for development over a period of years, a schedule showing the proposed times within which application for final approval of all sections of the development are intended to be filed and the developer's financial responsibility;
10.
A written statement by the landowner(s) or any other entity having recognizable interest in the land, setting forth the reasons why, in his or her opinion, a PUD development would be in the public interest and would be consistent with the municipal statement of objectives;
11.
Environment Assessment Statement. A written assessment of the short- and long-term impacts of the proposed development shall be prepared and filed. The statement shall detail methods and procedures to be established to ameliorate any adverse impact upon the environment.