Elk, NJ Zoning Ordinance

§ 96-83 Short title.

This article shall be known and may be cited as the "planned unit development section."

§ 96-84 Purpose.

The purpose of this article is to further the public health, safety, morals and general welfare and provide:

(1)

Housing of all types and design;

(2)

Necessary commercial, educational, and recreational facilities and other community services conveniently located to housing;

(3)

Well-located, clean, and safe industrial sites involving a minimum strain on transportation facilities;

(4)

Planning and building of new towns and new communities, incorporating the best features of modern design;

(5)

The conservation and more efficient use of open space;

(6)

The minimization of the burden of traffic on streets and highways;

(7)

A more flexible land development that will preserve and enhance natural resources such as streams, lakes, wetlands, floodplains, groundwater, wooded areas, steeply sloped areas, and areas of unusual importance to the natural ecosystem; and

(8)

Implementation for the Elk Township Fair Share Plan in a manner which promotes flexibility, economy and environmental soundness in the layout of residential development while providing a realistic opportunity for the construction of housing for low- and moderate-income households as provided by the Fair Housing Act of 1985.[1]

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

In the aid of these purposes, to provide a procedure that can relate the type, design, and layout of residential, commercial, and industrial development to the particular site and the particular demand for housing and other facilities at the time of development in a manner consistent with the preservation of the property values within the established residential areas and, to ensure that the increased flexibility of substantive regulations over land development herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.

§ 96-85 Enabling act.

This article is adopted pursuant to N.J.S.A. 40:55d-65c.

§ 96-86 Statement of community objectives.

Township authority. All planning and subdivision matters relating to the platting, use and development of the planned unit development (PUD) and subsequent modifications of the regulations related thereto, to the extent such modifications is vested in the municipality, shall be determined by the Township.

Adoption of community objectives. In order to achieve the purpose and to attain the general community objectives set forth in this article and in consideration of current and projected development pressures, the Township adopts the following community objectives for PUDs which shall be evaluated by the Township Planning Board.

Planning and design goals. All PUDs shall be designed to permit and encourage only those uses of the land that respect the natural character of the land, the drainage system, soil capabilities and groundwater and aquifer recharge quality, and to include only those uses that are compatible with other proposed uses within the proposed planned unit development and existing uses on adjacent lands, which shall be determined on the basis of inventories of the natural features of the site, plans indicating the physical relationship among types of uses and any natural or man-made barriers, existing or planned, between different uses both within and adjacent to the proposed planned unit development, and studies to determine traffic that will be generated by each type of use in the proposed development and adequacy of existing and proposed streets and highways to serve such traffic flows.

Relationship to Township growth patterns. All PUDs shall be planned and designed to achieve the Township goal of permitting and encouraging a population density pattern and a development growth pattern in the Township that facilitates the provision of public utilities and services, including public water and public sewerage, storm drainage systems, recreation areas, public schools, state, county, and Township roads and firehouses, in an orderly, functional, and economical manner. The relationship of a proposed PUD to the overall Township growth pattern shall be evaluated on the basis of staging plans and population projections for the planned unit development prepared by the applicant, indicating service demands generated by each proposed section and provision for public utilities, community services and transportation system improvements to meet such service demands.

Conservation of open space. Common open space within all PUDs shall be planned and designed to achieve the Township goal of ensuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the PUD and those portions of the Township that, because of their natural features, constitute important visual amenities, and environmental resources are maintained in accordance with sound conservation practice. The common open space configuration within a proposed planned unit development shall be evaluated in terms of inventories of natural features of the site and a plan indicating the general location of common open areas for natural preserves and for active recreation purposes. The open space configuration will be evaluated in terms of the objective of providing continuity of the open space resulting from application of floodplain and surface water area protection provisions.

Relationship to Township Master Plan. All PUDs shall be planned and designed in accordance with community objectives for such developments as are or may be set forth in the Township Master Plan and/or the Township Housing Ordinance, including the Land Use and Housing Elements, which have been duly adopted by the Township Planning Board and the Township Committee.

Furtherance of community objectives. In furtherance of these community objectives for PUD, criteria for eligibility, procedures for application and review, and development standards for PUD are set forth in this article.

Municipal authority. The Township Planning Board shall be responsible for reviewing all applications for PUD and shall exercise the powers of the municipal authority as defined in N.J.S.A. 40:55D-25 and N.J.S.A. 40:55D-45, including approval, approval subject to conditions or denial of all applications for PUD.

§ 96-87 Eligibility.

PUDs are permitted only in that area designated MD (Moderate Density Residential). Master development approvals of PUD plans shall be subject to the following conditions:

Planned unit development.

(1)

Minimum area. The development shall be a master planned community, meeting all land use and open space criteria within this article and shall contain a contiguous area of at least 150 acres.

(2)

Access. The development shall have direct access to a state or federal highway or a road identified as an arterial county road on the Gloucester County Official Map or a road identified as an arterial road on the Township Master Plan.

(3)

Zoning. A PUD shall be permitted subject to the conditions set forth in this article.

(4)

Affordable Housing District. A PUD is permitted as-of-right in accordance with the requirements set forth in this article on lands designated as MD Moderate Density Zone pursuant to the Elk Township Fair Share Plan, as submitted to the New Jersey Council On Affordable Housing. The purposes of this District is to implement the Fair Share Plan and for the Township to accommodate its obligation to provide a realistic opportunity for the creation of low- and moderate-incoming housing. The development is permitted in the area indicated on the Elk Township Zoning Map, as revised.[1]

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

Public water and sewer. All PUDs shall be served by public water and public sewer. Before construction of any buildings for use or occupancy by any persons begins within any finally approved section of a PUD, all water and sewer systems needed to serve such buildings within that finally approved section shall be completed or their completion prior to such use or occupancy shall have been guaranteed as provided in Article IV. In addition, the applicant shall demonstrate that the water and sewer systems that are completed or that are guaranteed to be completed within each finally approved section of the development are to become components of a public water and sewer system for the entire PUD. The applicant shall further demonstrate that the public water and sewer system for each section of the PUD will be completed on schedule and will have the capacity to serve the section specifically applied for as part of the public water and sewer system for the PUD generally and shall comply with any local or regional sewerage authority requirements.

Stormwater management. All PUDs shall provide appropriate stormwater management mitigation techniques that shall comply with applicable state and local stormwater management plans pursuant to N.J.S.A. 40:55D-93.

Other amenities. All PUDs shall be served by fire hydrants, easements, rights-of-way for utilities, landscaping, lighting, sidewalks, shade trees, recreational facilities and public utilities placed underground so as to conform with the applicable statutes, ordinances and regulations of the State of New Jersey and the Township of Elk.

Who may apply. Application for master development plan shall be filed by the landowner(s) or any other individual(s) or bona fide organization(s) having a cognizable interest in all the land to be included in the PUD.

§ 96-88 Development standards for planned unit development.

[Amended 4-4-2002 by Ord. No. O-02-4; 4-4-2004 by Ord. No. O-02-4; 8-4-2005 by Ord. No. O-2005-9; 7-21-2025 by Ord. No. O-20-2025]

In order to encourage greater variety and flexibility in type, purpose, design and layout of buildings, and more efficient use of land and of public services, as provided in this article and N.J.S.A. 40:55D-38, lot sizes, dimensions, structure heights and locations may be freely disposed and arranged in conformity to density standards herein and to the conditions of the application for master development plan approval and subsequent application of subdivision or site plan approval for each section of any PUD approved by the Township Planning Board.

Intent. A PUD is intended to permit the development of a balanced residential community with a range of densities with housing affordable to low- and moderate-income households, recreational facilities, community facilities, and support for commercial and employment activity. Further, the intent in permitting a PUD is to encourage the consolidation of residential and related development in that sector of the Township where existing or anticipated roads and utility service can best accommodate development.

Permitted uses in PUDs. In any PUD, the following use regulations shall apply. Permitted uses shall include:

(1)

Residential uses in planned unit developments.

(a)

Residential uses in a PUD shall be in accordance with the following combinations of single-family detached units, duplex units, and townhouse units:

[1]

Dwelling unit mix.

[a]

Single-family detached units shall not be less than 60% of the total dwelling units constructed.

[b]

Townhouse units shall not exceed 15% of the total dwelling units constructed.

[c]

Duplex units shall not exceed 25% of the total dwelling units constructed.

(b)

Developers in the PUD Zone shall comply with the provisions of this article and shall provide for set-asides for low- and moderate-income units. Information pursuant to the applicant's ability and intent to comply with the provisions of this article must be submitted to the Planning Board in the form of a written report prior to preliminary approval.

(2)

Retail uses and services.

(a)

Retail stores.

(b)

Restaurants.

(c)

Consumer service and personal service shops.

(d)

Banks.

(e)

Commercial recreation facilities, including indoor theaters, golf driving ranges, bowling alleys, racquetball courts, health clubs, and other similar uses.

(f)

Professional business and administrative, finance, utility, insurance or government offices.

(g)

Medical clinics.

(h)

Any use of the same general character as any of the above permitted uses.

(i)

Customary accessory uses to the above uses. Accessory uses including off-street parking, cafeteria facilities for employees and occupants, recreational facilities for employees and occupants, garages to house delivery trucks or other commercial vehicles, temporary construction trailers and one sign not exceeding 50 square feet for advertising the prime contractor, subcontractor(s), architect, financing institutions and similar data for the period of construction, beginning with the issuance of a building permit or one year, whichever is less, provided that said trailer and sign are on the site where construction is taking place and set back at least 15 feet from the street to the lot lines

(3)

Other nonresidential uses.

(a)

Office as permitted in the M-1 District.

(b)

Laboratories for scientific, agriculture, or industrial research and development which is not noxious or hazardous.

(c)

Accessory uses, including off-street parking, restaurant or cafeteria primarily for employees and occupants, indoor and outdoor recreational facilities for employees and occupants, provided that all such facilities shall be planned as an integral part of the principal use development, storage within a completely enclosed area or building with visual screening in conjunction with a permitted use, temporary construction trailers and one sign not exceeding 50 square feet for advertising the prime contractor, subcontractor(s), architect, financing institutions and similar data for the period of construction, beginning with the issuance of a building permit or one year, whichever is less, provided that said trailer and sign are on the site where construction is taking place and set back at least 15 feet from the street to the lot lines.

(d)

Institutional uses.

(e)

Public and private educational, cultural, religious and recreational facilities and charitable institutions.

(f)

Social, fraternal, social service, union, and civic organizations municipal facilities, including fire and police stations, library and school.

(g)

Any similar public or quasi-public use.

Area regulations for open space.

(1)

At least 35% of the gross acreage of the PUD shall be set aside for open space. Streets, necessary driveways, off-street parking, drainage basins and narrow turf of landscaped buffer areas normally associated with any of the dwelling units or clusters shall not be computed as part of the required open space. Not less than 50% of the total acreage of open space shall be usable, developable ground for the purpose of school sites, municipal uses sites, parks or other public purposes required to serve the population living in the PUD and acceptable to the Board. The following types of land shall not be calculated into the usable open space percentage: flood hazard areas, bodies of water, marshes, swamps, poorly drained areas, excessive sloped areas, other unstable/unsuitable soil areas and high-volume natural drainageways. In cases where common land and facilities are to be assigned to an ownership association, they must be unencumbered by mortgage or other debt. The area standards for open space are further described in § 96-55.

(2)

Required open space and recreation facilities.

(a)

Purpose. It is the general purpose and intent of the open space and recreation requirements for PUDs within the Township to protect and preserve the open space of the Township and to further the public health, safety, and general welfare with the following considerations:

[1]

To encourage a more efficient use of land and public services, or private services in lieu thereof.

[2]

To provide for a continuous and integral open space system.

[3]

To encourage more flexible land development that will preserve and enhance natural resources, such as streams, lakes, floodplains, groundwater, wooded areas and areas of importance to the natural ecosystem.

[4]

To provide for the importance of both passive and active recreation and that both serve legitimate municipal health, safety and welfare purposes.

[5]

To provide that open space within PUDs shall be planned and designed to achieve adequate recreation areas for the needs of the development residents and owners.

[6]

To provide that common open space configuration within a development may be evaluated in terms of inventories of natural features of the site, recreation demand projections prepared by the applicant, and a plan may be prepared indicating the general location of common open space areas for natural preserves and for active recreational purposes.

(b)

Open space.

[1]

Open space areas in residential sections of PUDs shall be reserved in accordance with the requirements for the individual residential sections.

[2]

The open space requirements may be waived only when the enforcement of this requirement would prevent the construction of low- and/or moderate-income housing.

Area regulations for residential uses. The following area regulations shall apply to residential sections of any PUD:

(1)

Minimum area for required open spaces. A minimum of 25% of each residential section shall be designated as usable open space. The area standards for open space shall be as described above.

(2)

Maximum gross residential density. The maximum gross residential density shall be 2.5 dwelling units per acre and shall be based upon the land area of the entire PUD.

(3)

Density averaging and limitation thereon. In any PUD, the applicant may apply for and may be granted the right to average the maximum gross allowable density within and between residential sections to create a variety of housing types and accommodations; however, such averaging must be achieved within a single phase. The allowable maximum densities shall be as set forth in this section.

Residential density and design standards. To assure provision for adequate light, air, and ventilation and to prevent overcrowding, the following residential density and design standards shall apply within residential sections in any PUD. For all residential uses, any structure located on a corner lot shall be set back from both streets the minimum distance required for the front yard setback.

(1)

Single-family detached dwellings.

(a)

Maximum density: 3.5 dwelling units per acre.

(b)

Maximum height: 2 1/2 stories or 35 feet in height.

(c)

Minimum buildable lot size: 9,000 square feet.

(d)

Minimum front yard: 20 feet.

(e)

Minimum side yard.

[1]

One side: eight feet.

[2]

Both sides: 20 feet.

(f)

Minimum rear yard: 25 feet.

(g)

Minimum frontage: 70 feet at the setback line.

(h)

Impervious coverage limit: 45% per lot.

(2)

Townhouse dwellings. The Township of Elk is concerned that a large number of attached housing units may result in housing development which is inconsistent and incompatible within the same neighborhood. Therefore, the following performance standards shall be satisfied:

(a)

No one continuous structure shall exceed eight townhouse units.

(b)

Maximum density: 8 units per acre.

(c)

Maximum height: 2 1/2 stories or 35 feet.

(d)

Minimum lot depth.

[1]

One hundred feet if parking is located on each lot.

[2]

Eighty feet if parking is located off each lot.

(e)

Impervious coverage limit: 70% of each lot.

(f)

Distance between buildings.

[1]

Seventy-five feet between the front of one building and the front of another.

[2]

Fifty feet between the front of one building and the back of another.

[3]

Forty feet between the side of one building and either the front or back of another.

[4]

Thirty feet between the sides of two buildings with a minimum side yard of 15 feet on the end unit.

[5]

Fifty feet between the rear of two buildings.

(g)

There shall be a fifty-foot setback from all outbound property lines of the townhouse section area within a PUD.

(h)

Yard requirements.

[1]

Front yard of not less than 35 feet where there exists parking in the front yard of the unit.

[2]

Not less than 15 feet when there is no on-lot parking in the front yard of the unit.

[3]

Rear yard of at least 25 feet for each unit.

(i)

No structure or dwelling shall directly abut the rear of another such structure or structures on adjoining properties unless screening is installed to provide privacy.

(j)

A minimum of 20 feet of frontage shall be maintained for all townhouse dwelling units, except that 20% of the townhouses may be less than 20 feet in width, but not less than 16 feet in width.

(k)

The front and rear of each building and open space areas shall be landscaped.

(l)

All parking areas in multiple or attached dwelling areas shall be adequately buffered from any adjacent single-family properties.

(m)

Trash disposal and recycling areas shall be enclosed. The enclosure shall be of a material the color and texture of which is consistent with that of the principal buildings.

(n)

Conceptual architectural review by the approving authority is required before preliminary approval. Review of the approving authority shall be limited to the exterior appearance of the structure, including rooflines, fenestration and siding. The review shall be performed to assure that the architectural type and style is compatible with neighboring uses. The intent of this requirement is not to influence layout, bedroom mix or the general floor plan of any structure, but rather to provide reasonable criteria by which specific proposals for the PUD can be evaluated.

(o)

Pedestrian access shall also be provided to the rear of all units.

(p)

Storage units for each dwelling unit shall be designed by the developer as an integral part of each building or privacy fence, if provided. Freestanding accessory storage units are prohibited.

(q)

No additions to a dwelling unit are permitted except those additions which have been made available by the developer as optional features and which have been approved by the Elk Township approving authority.

(r)

There shall be no more than two dwelling units in any unbroken building line. A setback of not less than two feet nor more than 10 feet shall be deemed a satisfactory break in the building line. The developer shall provide balanced groupings of structures. The particular groupings of the buildings shall be at the discretion of the approving authority as determined by internal traffic patterns, ingress and egress of emergency vehicles, aesthetic valuations and other criteria.

(3)

Garden apartment dwellings. The Township of Elk is concerned that a larger number of garden apartments may result in housing development which is inconsistent and incompatible within the same neighborhood. Therefore, the following performance standards shall be satisfied:

(a)

Maximum density is 12 dwelling units per acre.

(b)

Maximum height shall not exceed three stories or 35 feet in height, not including the elevator. No garden apartment building shall exceed 200 feet in length and shall be limited to eight units per building.

(c)

Apartment buildings shall be set back at least 50 feet from all property lines, external parking perimeters and streets which separate an apartment complex from nonapartment areas. A thirty-five-foot buffer screen shall be provided within this setback.

(d)

Minimum distance between buildings.

[1]

Front wall to front wall: 50 feet.

[2]

Side wall to either front or rear wall: 35 feet.

[3]

Side wall to side wall: 25 feet.

[4]

Front to rear, rear to rear: 50 feet.

(e)

Minimum vegetation area. At least 30% of the area devoted to apartment use shall be covered by vegetation.

(f)

Maximum impervious coverage. A maximum of 65% of area devoted to apartment use may be covered by impervious coverage.

(g)

Review of the architectural appearance of the garden apartment complex by the approving authority shall be required prior to preliminary approval. Review of the approving authority shall be limited to the exterior appearance of the complex. Each garden apartment complex of dwelling units shall have a compatible architectural style with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination of each dwelling unit. The intent of this requirement is not to influence layout, bedroom mix or the general floor plan of any structure, but rather to provide reasonable criteria by which specific proposals for the PUD can be evaluated.

(h)

For garden apartment dwelling units, there shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any garden apartment unit which it is intended to serve and shall be screened.

(i)

Each apartment unit shall have a storage space having a minimum of 600 cubic feet.

(j)

Landscaping. Open spaces and garden apartment buildings shall be landscaped.

(4)

Residential accessory uses.

(a)

No residential accessory use shall be permitted within any required front yard setback.

(b)

Accessory buildings shall not exceed 1 1/2 stores or 15 feet.

(5)

Amendment of the Master Plan. Nothing in this article shall be construed to prohibit the amendment of the master development plan with approval of the Township Planning Board, provided that the maximum gross residential density for the PUD is not exceeded in any phase.

(6)

Affordable housing requirements. To comply with the substantive rules and regulations of the New Jersey Council On Affordable Housing (COAH) (N.J.A.C. 5:93-3 and 7-11), and to implement the Housing Element and Fair Share Plan of Elk Township, all developers of a PUD in agreement with this article shall provide a set-aside of 8% of the total dwellings for low- and moderate-income housing. The following regulations shall apply:[1]

(a)

Bedroom distribution. Developers shall devise and provide for, within their development, a method which establishes the following distribution of the number of bedrooms contained within an inclusionary development.

[1]

At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units;

[2]

At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units; and

[3]

No more than 20% of all low- and moderate-income units may be efficiency units.

(b)

Dwelling units shall be constructed with a minimum square footage of living area as follows.

[1]

One-bedroom dwelling units: 480 square feet;

[2]

Two-bedroom dwelling units: 660 square feet;

[3]

Three-bedroom dwelling units: 800 square feet; and

[4]

Four-bedroom dwelling units: 850 square feet.

(c)

Initial pricing.

[1]

The applicant shall provide that the initial price of a low- and moderate-income owner-occupied housing unit be established so that after a down payment of 10%, the monthly principal, interest, taxes, insurance and homeowners' association fees do not exceed 28% of an eligible household's gross monthly income.

[2]

The applicant shall provide that rents, excluding utilities, be set so as not to exceed 30% of the gross monthly income of the appropriate household size. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the COAH that applied to the rental housing unit.

[3]

The following criteria shall be considered in determining rents and sales prices:

[a]

Efficiency units shall be affordable to one-person households;

[b]

One-bedroom units shall be affordable to two-person households;

[c]

Two-bedroom units shall be affordable to three-person households;

[d]

Three-bedroom units shall be affordable to five-person households; and

[e]

Four-bedroom units shall be affordable to seven-person households.

[4]

The applicant shall provide that rents, including an allowance for utilities consistent with the personal benefit expense allowance for utilities as defined by HUD or a similar allowance approved by the COAH be set so as not to exceed 30% of the gross monthly income of the appropriate household size as outlined above.

[5]

Housing units that satisfy the above criteria shall be considered affordable.

[6]

Median income by household size shall be established by the uncapped Section 8 income limits, published by HUD, as defined in this article or other recognized standard adopted by the COAH.

(d)

For purposes of this article, "low-income unit" and "moderate-income unit" shall comply with the definitions of "low-income unit" and "moderate-income unit," respectively, as contained herein.

(e)

Low- and moderate-income units shall be dispersed throughout the project to the greatest extent feasible. Low- and moderate-income units shall be situated on the development tract in locations no less desirable than the dwelling units within the development and shall be at least equally accessible to common open spaces, community facilities and shopping facilities as other market rate housing units. The facade and type of unit of the low- and moderate-income units shall in no way be distinguishable from the facades of the other units in the development.

(f)

Any submitted development plan shall indicate the number, unit plan and location of the low- and moderate-income units within the development.

(g)

The applicant shall submit, with the application for development, a narrative of the mechanism to be used to ensure that the required affordable dwelling units are rented or sold only to low- and moderate-income households and that such units will continue to be occupied as low- and moderate-income for a period not less than 20 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted for review and approval. All covenants and deeds shall comply with the recapture regulation of the COAH published in the 7/17/89 New Jersey Register and with any form deed required by the COAH. The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low-/moderate-income units and shall provide a detailed discussion concerning resales, permitted increase in price, prequalification of occupants and other relevant considerations. The applicant shall indicate whether it will administer controls on initial occupancies, contract with the New Jersey Housing Mortgage Finance Agency or with a municipal agency or its designee. The same indication shall be made for subsequent resales, provided that the seller of the resale unit shall bear the cost of resale review and approval.

(h)

Final approval shall not be granted for any residential section of any PUD unless the following phasing plan for the construction and occupancy of required low- and moderate-income units to market dwelling units have been adhered to in each individual PUD.

	Minimum Percentage of Low- and Moderate-Income Units Completed	Percentage of Market Housing Units Completed
	0	25
	10	25 + 1 unit
	50	50
	75	75
	100	100

(i)

Range of affordability.

[1]

Developers must provide housing within the average price of low- and moderate-income units within an inclusionary development which will be, as best as practicable, affordable to households at 57.5% of median income as contained in N.J.A.C. 5:92-14.2.

[2]

In devising a range of affordability for housing as described above, developers shall provide, as best as practicable, for the following distribution of prices for every 20 low- and moderate-income units:

Pricing Stratification
Income Unit	Number of Units	Distribution of Price (percent)
Low	1	40.0 to 42.5
	3	42.6 to 47.5
	6	47.6 to 50.0
Moderate	1	50.01 to 57.5
	1	57.6 to 64.5
	1	64.6 to 68.5
	1	68.6 to 72.5
	2	72.6 to 77.5
	4	77.6 to 80/0

(j)

(Reserved)

(k)

Affirmative marketing program. The Township of Elk shall have primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirements in N.J.A.C. 5:93-11. The Township will also be required to market, screen, offer occupancy and select income-eligible households accordingly. The developer is responsible for the administrative cost associated with this program.

(l)

Upon development of 50% of Elk Township's low- and moderate-income units as determined by the New Jersey Council on Affordable Housing (COAH), a developer of a PUD may provide payments to be placed in a fund for use by the Township to finance transfer through a regional contribution agreement (RCA) in accordance with the substantive and procedural rules of the COAH of the remaining 50% of the Township's fair share to another municipality within its housing region by means of a contractual agreement into which the two municipalities voluntarily enter. Any agreement between the developer of a PUD and Elk Township Planning Board shall be through amendment of the Housing Element of the Master Plan and Fair Share Plan of Elk Township and also require approval by the COAH, the County Planning Board or other county-designated agency in which the receiving municipality is located and the New Jersey Housing Mortgage Finance Agency (HMFA). Receipt of payments to the Elk Township fund to finance an RCA shall be in agreement with the phasing schedule established in this article.

(m)

Upon development of 100% of Elk Township's low- and moderate-income units as determined by the New Jersey Council on Affordable Housing (COAH), a developer of a PUD may provide payments to be placed in a fund for use by the Township for any of the following purposes:

[1]

To finance a part or all of any of Elk Township's program to rehabilitate low- and moderate-income units;

[2]

To fund a RCA or municipal construction of low- and moderate-income units;

[3]

To address in whole or in part municipal costs and expenses resulting from or associated with the development of an inclusionary project as proposed under this article; or

[4]

To provide for Elk Township's fair share obligation for subsequent six-year periods commencing in 1996 or thereafter.

(n)

Notwithstanding anything to the contrary, Elk Township will not use the money in the fund for any purpose which is not:

[1]

Authorized by the COAH pursuant to the Fair Housing Act[2]; or

[2]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

[2]

Otherwise authorized by New Jersey law at the time of its expenditure.

(o)

At least one half of all units devoted to low- and moderate-income households within the inclusionary development shall be affordable to low-income households. At least one half of all units in each bedroom distribution and one half of all rental units shall be available for low-income households. To the best extent feasible, at least one half of all rehabilitated units shall be for low-income households.

(p)

The Rules of the Council on Affordable Housing (COAH) in regard to controls on affordability, which may be found in N.J.A.C. 5:92-12, are set forth in their entirety and expended to this article.[3] Included also in this appendix is the model entitled "Declaration of Covenants, Conditions and Restrictions," which must be applied to every low- and moderate-income sales unit to ensure affordability for at least 20 years. In determining rents and sales prices, the following criteria, as set forth in N.J.A.C. 5:93-9, shall be considered:

[1]

Efficiency units shall be affordable to one-person households.

[2]

One-bedroom units shall be affordable to two-person households.

[3]

Two-bedroom units shall be affordable to three-person households.

[4]

Three-bedroom units shall be affordable to five-person households, and

[5]

Four-bedroom units shall be affordable to seven-person households.

[3]

Editor's Note: These appendices are on file in the Township offices.

(q)

The Township may address up to 25% of its fair share obligation, as calculated after credits and adjustments have been granted, less any units transferred by way of a regional contribution agreement (RCA) by creating age-restricted housing units and/or alternate living arrangements. The unit of credit for alternate living arrangements shall be the bedroom. Therefore, if two or more people share a bedroom, the Township should receive credit for one unit against its fair share obligation.

(r)

The Council on Affordable Housing (COAH) shall determine the Township's ability to absorb its fair share obligation through inclusionary developments. The COAH shall presumptively require a 20% maximum set-aside and a minimum gross density of six units per acre on vacant and developable sites. The COAH may modify this minimum gross density based on factors, including but not limited to appraised land values, improvement costs, site conditions and municipal subsidy of project costs. The COAH may also modify this density when required to satisfy the Township's present and perspective need or when the Township and developer agree to a modification on a specific site or when the COAH's minimum gross density policy conflicts with the land use policies adopted within the Pinelands.

(s)

If any money from the fund is expended by Elk Township for an unauthorized purpose as determined by a court of competent jurisdiction, Elk Township will replenish the fund within 30 days of such final determination. The repayment will be in accordance with the terms of the court order. The use of the money will, thereafter, be solely for a purpose authorized in accordance with this article.

[1]

Editor's Note: See Ch. 40, Affordable Housing.

Supplemental residential design standards. The following residential design standards shall apply in any planned unit development (PUD):

(1)

Regard for natural features. All housing and supporting uses shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.

(2)

Siting of housing. All housing and supporting uses shall be sited so as to enhance privacy for residential uses and ensure natural light for all principal residential rooms.

(3)

Relationship to existing areas. Housing and supporting uses near the periphery of the PUD shall be designed so as to be harmonious with neighboring areas.

(4)

Relationship to community facilities. Housing shall be conveniently served by community facilities.

(5)

Variations to setbacks. To create identity and interest in the layout of housing on fronting streets, variations in setbacks shall be encouraged.

(6)

Access. Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or detracting from privacy.

Area and design regulations for office/industrial and retail and services uses.

(1)

All office/industrial and retail and service land uses shall front on a major arterial highway, minor arterial highway, major collector, minor collector, or local collector as identified in Table 1, Roadway Classifications in Elk Township, of the Circulation Element of the Master Plan of Elk Township.

(2)

Minimum area for office/industrial and retail and service designated uses. A minimum of 10% of the developable land as defined in this article of any PUD shall be occupied by industrial or commercial uses. A minimum of 25% but no more than 35% shall be retail and service uses as permitted and designed in accordance with this chapter. The percentage of land dedicated to nonresidential uses shall not exceed 35% of the total tract.

Area regulations for institutional uses.

(1)

Minimum area for required open space. A minimum of 25% of each institutional area shall be designated as open space.

(2)

Maximum building height. The maximum building height of any institutional structure shall not exceed 60 feet, not including elevators or steeples.

(3)

Dedication of land. All lands dedicated for public schools shall comply with N.J.A.C. 6:22-1.2 or subsequent regulation of the New Jersey Department of Education setting forth the requirements for land used in conjunction with the construction of school buildings.

Retail and service design standards and objectives

(1)

The following design standards shall apply for retail and service uses in any PUD:

(a)

Minimum lot area. The minimum lot size for development shall be two acres.

(b)

Building coverage limit. Not more than 30% of the area of any lot may be occupied by buildings. One building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified.

(c)

Front yard. There shall be a front yard on any street on which a lot abuts, which shall be not less than 100 feet in depth from the right-of-way. Where the right-of-way depth on Route 55 exceeds 500 feet, the setback may be reduced to five feet from the right-of-way, provided that the property owner agrees to maintain the nonhighway portion within the right-of-way.

(d)

Side yards. There shall be a minimum side yard of 25 feet from each side property line.

(e)

Rear yard. A rear yard of not less than 25 feet shall be provided.

(f)

A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district or residential use.

(g)

Building height. Buildings and other structures shall not exceed 45 feet and three stories in height.

(h)

Minimum frontage requirement. For each lot there shall be a minimum frontage of 200 feet at the property line.

(i)

Impervious coverage limit. A maximum of 65% of the area of a lot may be covered with impervious material. A retail and service use may contain more than one principal building, provided that the total building coverage specified is not exceeded and the following building separation requirements are met:

[1]

All principal buildings shall be separated[4] by a minimum of 25 feet, provided that such separation is to be used solely for pedestrian circulation; and

[4]

Editor's Note: The separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the principal buildings.

[2]

All principal buildings shall be separated[5] by a minimum of 50 feet when such separation is to be used for parking or vehicular circulation.

[5]

Editor's Note: The separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the principal buildings.

(j)

Clearing limit. A maximum of 80% of a lot may be cleared of vegetation for the purpose of constructing improvements.

(k)

Vegetated area. At least 35% of the lot area must be covered by vegetation. All portions of the property not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated from the site and contributing upstream areas.

(l)

Curb cuts. Curb cuts shall be subject to applicable Township, county and state standards and specifications.

(m)

At least the first 40 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

(n)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

(o)

All buildings, signs, walkways, lighting fixtures, etc., shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinderblock or concrete block walls.

(p)

Service areas. All service areas, loading docks, trash receptacles, etc., whether located to the side or to the rear of the building, shall be screened from public view by an evergreen vegetative buffer, or a solid or louvered wooden fence may be used where space is prohibitive.

(q)

Review and approval of architectural elevations by the Elk Township Planning Board shall be required before final approval.

(r)

Assuring that such designated areas form an integral part of a well-considered plan to promote stability of commercial development, to strengthen the economic base of the Township, to protect the character of the planned unit development and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect the Township's tax revenues.

Office/industrial design standards and objectives.

(1)

The following office/industrial design standards and objectives shall apply for office/industrial uses in any planned unit development (PUD).

(a)

Lot area. The minimum planning area shall be not less than five acres within which subdivisions of lots having a minimum area of two acres may be permitted by the Planning Board.

(b)

Building coverage. Not more than 30% of the lot area shall be covered by buildings.

(c)

Building distance. The distance between buildings at the closest point shall be a minimum of 25 feet.

(d)

Height. No building shall exceed 60 feet and five stories in height.

(e)

Impervious coverage limit. A maximum of 65% of the area of a lot may be covered with impervious material.

(f)

Clearing limit. A maximum of 70% of a lot may be cleared of vegetation for the purpose of constructing improvements.

(g)

Vegetated area. At least 35% of the area of each lot must be covered by vegetation.

(h)

Minimum frontage requirement. For each lot there shall be a minimum frontage at the property line of 100 feet and at the building line of 150 feet.

(i)

Front yard and building setback. The standard front yard and building setback shall be not less than 100 feet from the right-of-way, with the following exceptions:

[1]

Where the right-of-way width on Route 55 exceeds 500 feet, the setback may be reduced to five feet from the right-of-way, provided that the property owner agrees to maintain the nonhighway portion within the right-of-way; and

[2]

Along county or municipal roads, the setback may be reduced to 60 feet from the right-of-way, provided that parking is not located in the front of the lot.

(j)

Building setback from district boundary. The building setback from a district boundary shall be not less than 60 feet. Additionally, a minimum buffer area of 60 feet in width shall be provided along any common property line with a residential district or use.

(k)

Side yards. There shall be a minimum side yard of 25 feet on the side of each building.

(l)

Rear yards. A rear yard of not less than 25 feet shall be provided.

(m)

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.

(n)

(o)

(p)

Review and approval of architectural elevations by the Elk Township Planning Board shall be required before final approval.

(q)

Assuring that such designated use areas form an integral part of a well-considered plan to promote stability of office/industrial and related development, to strengthen the economic base of the Township, to protect the character of the PUD, to conserve the value of land and buildings, and to protect the Township's tax revenues.

Institutional design standards.

(1)

The following institutional design standards shall apply for institutional uses in any PUD:

(a)

Places of worship and charitable institutions. The applicant shall demonstrate that the proposed use in the proposed location in the PUD will not adversely affect the safe and comfortable enjoyment or property rights of adjoining properties, that the property proposed to be so occupied shall have a minimum lot area of one acre and that no more than 25% of the land area be occupied by buildings and structures, that adequate off-street parking be provided so that no traffic hazards or congestion will be caused by the use, that the design of any structures to be erected in connection with such uses are in keeping with the general character of area, particularly any adjoining residential area, and that sufficient landscaping including trees, shrubs and lawn is provided to appropriately buffer said use from any adjoining residential use or residential zone and to ensure attractive appearance for the use.

(b)

Recreation areas and quasi-public buildings. Recreation areas and quasi-public buildings and uses shall be permitted as part of an institutional use of a PUD, provided that:

[1]

The PUD shall be accompanied by a statement setting forth particulars on the proposed operation of the use.

[2]

The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights 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 and to ensure an attractive appearance for the use.

[3]

That buildings will not occupy more than 25% of the lot area, and that any structures or uses proposed will provide a useful purpose to the general welfare of the PUD.

[4]

The off-street parking requirement standard may be increased where necessary to provide sufficient parking for the number of cars anticipated to utilize the proposed use.

[5]

Illumination for parking lots and night athletic activities shall be shielded from illuminating adjoining streets and residential areas.

(c)

Educational uses. Educational uses, including public elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state, may be permitted at a PUD, provided that:

[1]

The applicant shall submit a statement which shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.

[2]

In addition to parking in accordance with the ordinances of Elk Township, off-street parking shall be provided to ensure adequate space for buses or delivery vehicles. These requirements may be increased if, in the judgment of the Planning Board, the unavailability of bus service, the particular location or the relatively high percentage of pupils driving or anticipated to be driving cars to school make such increased requirements desirable.

[3]

All driveways which open onto a public street shall be subject to applicable Township, county and state standards and specifications.

[4]

Illumination for night athletic activities shall be shielded from illuminating adjoining streets and residential areas.

[5]

Educational uses shall be screened from adjacent residential uses or residential zones with buffering and screening in accordance with standards of this chapter.

(d)

Other institutional uses. All other proposed institutional uses proposed in a PUD shall be submitted with a statement setting forth all particulars on the operation of the proposed use providing assurance that the proposed institutional use is consistent with the spirit, purpose and intent of the PUD; that the proposed use will serve the best interest of the Township, the community and the public welfare; that no building, structure or use of land shall be located within 50 feet of an adjacent residential use or residential zone; that adequate off-street parking be provided so that no traffic hazards or congestion will be caused if the proposed institutional use is developed; and that adequate and attractive landscaping and fencing will be provided in order to provide buffer zones sufficient to screen all adjacent residential properties or zones from the land or premises which is utilized for an institutional use.

Compatibility of institutional development. The applicant shall assure the compatibility of institutional uses in the PUD by:

(1)

Providing institutional uses with appropriate space, and in particular, sufficient depth from a street to satisfy the needs of the development, including the need for off-street parking spaces in areas to which a large proportion of visitor/members/employees travel by automobile.

(2)

Protecting both institutional development and nearby residences against congestion, particularly in areas where the established uses are predominantly residential, by regulating the intensity of institutional development, by restricting those types of establishments that generate heavy traffic, and by providing for sufficient off-street parking and loading facilities in accordance with provisions of this article.

Provisions of community facilities and services.

(1)

In any PUD, consideration shall be given to the provision of such additional community facilities and services as will be necessary to serve the residents and owners of structures proposed within the PUD and shall be in accordance with generally accepted standards as they apply to the following service agencies:

(a)

The school districts.

(b)

The Fire Department.

(c)

The Police Department.

(d)

The Township and county library systems.

(e)

The Municipal Utilities Authority.

(2)

If such land was originally included in the calculation of required open space, it cannot be used for other purposes unless:

(a)

The required open space percent can still be met without the inclusion of such land as required open space.

(b)

The gross residential density is not increased beyond the permitted maximum.

Design and performance standards.

(1)

Stormwater drainage. There shall be provided permanent facilities which may be natural and/or man-made drainage channels and retention or detention basins to handle the increased stormwater runoff that may result from increasing the impervious area within the PUD. The stormwater drainage facility shall be designed to the satisfaction of the Township Engineer's criteria using soil conservation service submission standards as a minimum.

(2)

Utilities. Utilities to be constructed within and to serve a planned unit development (PUD) shall be underground.

(3)

Preservation of natural features. Special consideration shall be given to the large preservation of natural features, including large trees, groves, waterways, aquifer recharge areas, wetlands, and scenic, paleontologic, archeological and historic sites and other community assets within the PUD.

(4)

Landscaping. All portions of the PUD not to be covered with buildings or other impermeable surfaces and not to be retained in a natural state shall be landscaped. A landscaping plan shall be provided for all PUDs. Landscaping shall be integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, and the use of building and paving materials in an imaginative and aesthetic manner. All plant material shall be guaranteed by the developer for two years. Landscaping regulations are as follows.

(a)

Natural topography and vegetation. The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.

(b)

Saving of trees. Every attempt shall be made by the applicant to save existing trees even at the loss of parking spaces. Clumps of trees should be saved over single trees. Care should be taken by the Planning Board to properly evaluate site clearing proposals, recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement should be required.

(c)

Slopes. Slopes in excess of 3 to 1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the Planning Board Engineer.

(d)

Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.

(e)

Driveways. The areas adjacent to the driveways shall be planted with low plants or grass. Appropriate low plants include but are not limited to Butterfly Bush, Sargent Juniper, Inkberry, Japanese Barberry or Shrubby Cinquefoil.

(f)

Other required landscaped areas.

[1]

Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays, or where proposed or required by the Planning Board specific planting islands are indicated, these areas shall be wide most desirable. All planting islands should be raised and protected by permanent concrete curbing.

[2]

The applicant shall landscape 5% to 10% of the parking areas provided.

(g)

Block end planting. In cases where lot and block design results in undesirable sighting down rear property lines from block ends, a landscape screen of evergreen trees not less than six feet in height shall be provided as block ends by the developer. The screen shall be a minimum of 30 feet in length and centered on the rear property line. The screen shall not effect any sight triangle.

(h)

Natural setting. In proposing a landscape plan, an applicant of a planned unit development (PUD) shall take care and the Planning Board in reviewing shall require that a natural setting consistent with prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.

(i)

Screen areas and buffers. Buffer areas and screening shall be required as part of the PUD along all lot lines and street lines which separate a nonresidential use from an area used for residential purposes or zoned for residential use. Buffer areas shall also be provided between residential buildings of different types. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise perception beyond the street lines. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage or materials, or parking of vehicles shall be permitted in a buffer area. These standards are intended to provide flexibility in order to provide effective buffers and screens. The location and design of buffers and screens shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the composition, height, and width of the buffer, and natural features. Buffers shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring the light and vision and reducing noise beyond the lot. A buffer of 200 feet including suitable landscaping shall be provided along all existing rights-of-way. Any entry road shall be landscaped and designed to eliminate visual impact of any development to existing rights-of-way.

[1]

Buffer content and location.

[a]

Except as otherwise provided, buffers shall be a minimum of 15 feet wide. Buffers shall be designed, planted, graded, and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may employ one or more of the following:

[i]

Fencing or wall screening in landscaped areas;

[ii]

Evergreen tree or shrubbery screening in a landscaped area; and

[iii]

A landscaped berm having a minimum height of six feet with 3 to 1 side slopes.

[b]

If in the judgement of the approving authority any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the PUD plan to be modified to show the extension of the buffer area or require that the proposed alternatives be landscaped differently or be relocated until they provide the desired buffering effect.

[2]

Buffer material and natural foliage. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs, or other plants, in an integral part of all development plans and be calculated as part of the required buffer area provided the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the approving authority to establish an appropriate tone for an effective buffer.

[3]

Screening. Screening shall be provided with buffer strips or as required elsewhere in this article so as to provide a year-round visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties. Screening shall be so placed that at maturity it will not be closer than three feet from any street or property line. All plants for screening shall be of a species common to the area, be of balled and burlapped nursery stock, and be free of insects and disease. Plants which do not live shall be replaced within one year or one growing season. Buffered screen planting shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections. Screening shall consist of the following materials:

[a]

Solid masonry. A solid masonry wall not less than five to six feet above ground level.

[b]

Solid fencing. A solid fencing, uniformly painted or of a naturally durable material such as cedar, cypress, or redwood, not less then six feet above ground level and open to the ground to a height of not more than four inches above ground level.

[c]

Shrubbery. Low-type shrubbery screening may be used in and around parking areas, roadways, or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises. All other shrubbery for screening shall be a minimum of five feet high at the time of planting. Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.

[d]

Trees. Trees for screening shall be evergreens having a minimum height of eight feet above the ground when planted. Trees shall be eight feet on center in a single row, or eight feet on center in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum height of eight feet at time of planting, with a minimum caliper of 1 1/2 inches.

[4]

Street trees. For all PUDs devoid of major trees along collector streets and along proposed roads and rights-of-way where natural woods are not present and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply:

[a]

Trees shall be planted along both sides of all streets as approved by the approving authority.

[b]

Street trees shall be planted at distances in accordance with the following interval schedule.

Tree Size at Maturity (feet)	Planting Interval (feet)
Large trees (40+)	50 to 70
Medium-sized trees (30 to 40)	40 to 50
Small trees (to 30)	30 to 40

[c]

When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscaped architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or streetlights. Tree location, landscaping design, and spacing plan shall be approved by the approving authority as part of the landscape plan.

[d]

At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the standards increase the distance for sight.

[e]

The caliper of the trees shall be two inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped or by other acceptable means, free from insects and disease and true to species and variety.

[f]

Stripping trees or filling more than six inches around trees shall not be permitted unless it can be shown that construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots.

[g]

Dead or dying trees which have been transplanted by virtue of the requirements of this section shall be replaced by the developer during the next recommended planting season.

[h]

There shall be a minimum of three deciduous shade trees, not including street trees, per lot for all residential sections of the PUD where the site is devoid of trees or at the discretion and recommendation of the approving authority when adequate shade or canopy has not been provided naturally.

[i]

Street tree plans shall include a planting schedule which describes the quantity, common name, botanical name, size and comments for each species.

[j]

Ornamental trees need not have straight trunks, but must conform in other respects with the provisions for tree plantings as outlined.

[k]

Street tree plans shall include graphic tree-planting detail which shall address the following:

[i]

The thinning of branches and foliage by 1/3. The leader shall not be cut.

[ii]

The staking of a deciduous tree by two stakes. The minimum size of stakes shall be two inches by three inches.

[iii]

The support of a tree shall be a double strand of No. 12 gauge wire. A tree shall be protected from injury due to wire by a rubber hose or acceptable equal.

[iv]

A tree shall be mulched with three inches of approved organic material.

[v]

A three-inch saucer shall be constructed around the planting area.

[vi]

The top of the burlap shall be untied and removed.

[vii]

The ball shall sit on compacted soil.

[viii]

The diameter of the hole shall be two feet larger than the diameter of the ball.

(5)

Erosion control.

(a)

Development and grading procedures shall be carried out in such manner as to minimize erosion and sedimentation of the natural drainage system within the planned unit development and in conformance with Gloucester County Soil Conservation Service regulations. Approval of an application for development for any project by a Township officer or agency shall be conditioned upon certification by the Soil Conservation District of a plan for soil erosion and sediment control. No certificate of occupancy for a project shall be issued by the Township unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sediment control.

(b)

The development shall be designed and programmed so as to minimize erosion, tree clearance and the destruction of natural amenities.

(c)

Erosion control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins and planting temporary ground cover shall be instituted as necessary within the PUD.

(6)

Quality of development. Consideration shall be given to the quality of all buildings, land uses, community facilities, open space, street accessories and reacted landscaping.

(7)

Setbacks from streets (street classification as defined in the Master Plan).

(8)

At a minimum, no portion of a building shall be located within:

(a)

Fifty feet of the right-of-way line of any major arterial street;

(b)

Forty feet of the right-of-way line of any minor arterial street;

(c)

Thirty feet of the right-of-way line of any major collector street; or

(d)

Twenty feet of the right-of-way line of any minor collector or local street.

(9)

Setbacks from planned unit development (PUD) boundaries.

(a)

No structure shall be located within 50 feet from any boundary line of a PUD, and an appropriate buffer consisting of a substantial landscape screen shall be provided along all boundary lines of the development where necessary to protect the privacy of neighboring residential areas.

(10)

Street standards. Street standards shall be subject to applicable Township, county and state standards and specifications, including but not limited to the standards set forth in § 96-62 of this chapter.

(11)

Parking and loading. Parking and loading spaces shall be provided in accordance with the regulations set forth in this article. Additionally:

(a)

Common parking areas shall be screened from adjacent residential structures, access roads and traffic arteries, by hedges, dense planting, earth berms, changes in grade, walls or any combination thereof. All parking areas shall be a minimum of 10 feet from all structures and streets.

(b)

No more than 30 parking spaces shall be provided in any single area without being interrupted by a landscape divider strip a minimum of five feet wide.

(c)

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

(d)

Signs. Signs shall be permitted subject to § 96-50, except as hereinafter provided. In any PUD in order to permit design flexibility and encourage a comprehensive system of signs within a development, the applicant may submit, as part of their application, a detailed description of all signs or types of signs to be constructed or permitted within the PUD and the substance of covenants, restrictions or other agreements proposed to regulate signs. If such a submission is made, this chapter shall apply as a general guideline. In reviewing the sign construction and regulation proposals included in the application, the Board shall consider appropriateness of design and the degree to which they are related to the architectural style of proposed buildings, as well as the degree to which such furnishings enhance the visual environment of natural open space and public ways.

(12)

Refuse stations.

(a)

Refuse stations must be designed and located to be convenient for garbage removal and inoffensive to the occupants of adjacent dwelling units.

(b)

Solid wastes from all uses other than single-family or duplexes, if stored outdoors, shall be placed in metal receptacles within screened refuse areas. The screened refuse area shall not be located within any front yard area. The refuse area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the plan submitted for the Planning Board approval. The opening in the enclosed refuse area should be provided with a solid gate not less than five feet in height to permit access to the refuse enclosure and screening from adjoining properties and public streets. If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking or access drive by curbing. The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles. All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements. If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements, even if indoor accommodations for solid waste are proposed.

(13)

Solid waste/recycling report.

(a)

In reviewing preliminary plans for a PUD, the Planning Board shall take into consideration methods of addressing the recycling goals of the Township.

(b)

Submission requirements. A recycling report shall accompany all applications for a PUD addressing the means of recycling for the proposed PUD, taking into consideration methods of addressing the recycling goals of the Township. The recycling report shall include the following:

[1]

Materials to be collected;

[2]

Where materials will be stored;

[3]

How the materials will be collected;

[4]

Who will collect the materials;

[5]

How often the materials will be collected;

[6]

How much material will be generated; and

[7]

How much storage area is required for each material.

(14)

Outdoor lighting.

(a)

Adequate lighting shall be provided for the outdoor areas used by residents and owners of the development after dark. Appropriate lighting fixtures shall be provided for walkways and for identification of steps, ramps, directional changes and signs.

(b)

Lighting shall be located to avoid shining directly into habitable room windows or into private outdoor open space that is associated with dwelling units and to avoid interfering with vehicular traffic.

(c)

Information to be submitted. The following shall be submitted for review and approval with an application for a planned unit development (PUD):

[1]

Lighting plan, showing existing and proposed lights within 100 feet of the property area to be lighted, location of all poles and luminaries, illumination levels using photometric curve plotting or point-by-point grid showing footcandles of illumination at each point.

[2]

Type of luminaries, including manufacturer's data.

[3]

Type and wattage of lamp, including manufacturer's data.

[4]

Mounting height of luminaire.

[5]

Type of pole and manufacturer's data.

[6]

Pole base and foundation design and details.

[7]

Included with photometric and luminaire data shall be data on:

[a]

Light source corrections.

[b]

Lamp life lumen depreciation factor.

[c]

Coefficient of utilization.

[d]

Luminaries dirt depreciation factors.

[e]

Maintenance factor correction.

(15)

Open space. In the designation of common space areas, consideration shall be given to providing for the continuity of open space between sections of and within a PUD. Natural waterways and certain easements can be utilized for providing continuity of open space.

(16)

Utilities. Adequacy of provisions of water and sewer facilities shall be evaluated pursuant to this section. Adequacy of provision of facilities for solid waste disposal shall be evaluated with regard to the method of collection and disposal and the location and expected life cycle, if calculable, of the disposal facilities.

(17)

On-tract and off-tract improvements.

(a)

For the purposes of this section, "off-tract" means not located on the property which is the subject of a planned unit development application, nor on a contiguous portion of a street or right-of-way.

(b)

For the purposes of this section, "on-tract" means located on the property which is the subject of a PUD application or on a contiguous portion of a street or right-of-way.

(c)

Before construction of any building for use or occupancy by any person begins within a finally approved section of a PUD, all on-tract and off-tract improvements, including public water, sewer and drainage systems, the need for which was created by the proposed PUD, shall be built and completed, or their completion prior to such use and occupancy shall have been guaranteed as provided in this article, or satisfactory agreements entered into for guaranties on a staged basis as development proceeds.

(d)

Cost of the improvements. The applicant for approval shall bear that portion of the cost of all required off-tract improvements which bear a rational relationship to the need created by, and benefits conferred upon, the PUD.

(18)

Off-tract improvements.

(a)

At the time application for master development plan approval for a PUD is made and again upon application for site and/or subdivision approval, the applicant shall provide the Township Planning Board with an estimate of the types and costs of off-tract improvements determined necessary by the Township Planning Board and the amount by which properties, including the PUD, benefit thereby.

(b)

Such estimate at the time of application for final approval shall include detailed supportive data, which shall include but not necessarily be limited to:

[1]

The total cost of improvement;

[2]

The estimated value of the benefit to the applicant;

[3]

The estimated value of the benefits conferred upon others in terms of reasonable likelihood of the use;

[4]

The time when such benefits are likely to be conferred;

[5]

The reasonable, useful life of the off-tract improvements; and

[6]

The inflation or all significant changes in the cost of construction.

(c)

Such estimate at the time of application for master development plan approval shall be applicant's best estimates for each of the six above factors, together with their basis therefor.

(d)

The Township Planning Board shall forward the supportive data to the Township Committee for a decision as to whether the off-tract improvements or any combinations of them are to be constructed by the municipality as a general improvement, or whether construction is to be done by the developer with a formula providing for partial reimbursement to the developer by other property owners, where the improvements specially benefit properties other than the planned unit development (PUD).

(e)

As a condition for approval of any section of a PUD, the applicant shall provide the Township with a cash deposit, or as an alternative, a performance guaranty as provided below in the following amounts:

[1]

An amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all property to be served thereby, including the PUD property, will be specially benefitted by the improvement, if the improvement is to be constructed by the municipality as a general improvement;

[2]

The estimated amount by which the PUD specially benefits from the improvements, in addition to the amount required for a general improvement; and

[3]

An amount equal to the estimated cost of the improvement, if the improvement is to be constructed by the applicant.

(f)

If such off-tract improvements or any combination of them are to be constructed by the applicant, the applicants shall bear the cost of all such improvements and shall be reimbursed by such specially benefitted property owners if and when any such off-tract improvements are used in the development of off-tract parcels. The Township Committee may assess or lien the pro rata cost of such off-tract improvements upon other specially benefitted owner or owners use of the off-tract improvements in the development of off-tract parcels.

(g)

Actual cost figures, rather than estimated costs, shall be used for making such allocations once the improvements are constructed. The cost figures shall be supplied by the applicant and certified by a New Jersey certified public accountant after audit. These costs are to be reviewed by the Planning Board Engineer. Approval of planned unit developments (PUD), major subdivision, or site development plans involving the use of such off-tract improvements by other specially benefitted property owners outside this PUD shall be conditioned upon payment of the pro rata share of the value as so determined, to the applicant, in the same manner as above.

Procedures and regulations for open space. In order to secure proper open space in any PUD, the following procedures and regulations shall apply:

(1)

Intent. Open space within all PUDs shall be planned and designed to achieve the Township goal of ensuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the PUD and that those portions of the Township that, because of their natural features, constitute important visual amenities and environmental resources are maintained in accordance with sound conservation practice.

(2)

Standards for the distribution and area of open space. Open space within a PUD should be designed according to the following standards:

(a)

Open space areas resulting from development of a PUD shall weave between structures 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.

(b)

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 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.

(c)

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 playfields, but should be carefully located to avoid problems of noise, lights and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary line, exclusive of buffers.

(d)

Every open space parcel so set aside shall be conveyed by deed at the time final subdivision or site plan approval is granted.

(3)

Open spaces for all types should be located:

(a)

Contiguously wherever possible;

(b)

To preserve the natural features of the site;

(c)

To provide both usable and other open space within easy access and walking distance of all residents and users of the development; and

(d)

To take advantage of the natural features of the site and provide recreational amenities that complement the site's characteristics; the applicant, when submitting plans, will designate on the plans where the nature and recreation spaces will be located.

(4)

Dedication of open space. The Township may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but it shall not be required, as a condition of PUD, that land for open space be dedicated to public use. As provided for in N.J.S.A. 40:55D-43, the applicant shall provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the governing body or any other governmental agency as designated by the Township for agency then having jurisdiction. Any open space offered to the governing body shall be subject to review by the Planning Board, which shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

(5)

Schedule of required recreational facilities.

(a)

The applicant shall install the following minimum facilities in relationship to the number of proposed units.

Dwelling Units	Tot Lots	Basket-ball Courts	Tennis Courts	Multi-purpose Fields
1 to 25	1
26 to 100	1	1		1
101 to 150	1	1	1	1
151 to 250	2	2	1	1
251 to 300	3	2	1	1
301 to 350	3	3	2	1
351 to 450	4	3	2	2
451 to 500	5¹	3²	3³	2⁴
NOTES: ¹Plus one for every 100 units or fraction thereof over 500.
²Plus one for every 200 units or fraction thereof over 500.
³Plus one for every 125 units or fraction thereof over 500.
⁴Plus one for every 200 units or fraction thereof over 500.

(b)

All park and playground equipment specifications must be approved by the Township Engineer and the Construction Official.

(c)

Each tot lot shall be a minimum size of 60 feet by 60 feet and shall contain the following minimum improvements:

[1]

A minimum four-foot-high chain link fence surrounding the entire tot lot with a minimum of one opening for access.

[2]

Two benches with a minimum length of six feet.

[3]

Four rubber swings seats and two tot swings.

[4]

One jungle gym with a minimum ground space of seven-feet diameter.

[5]

A minimum of six inches of sand, or an approved similar material, is required beneath each piece of equipment.

(d)

Each basketball court shall be 50 feet by 84 feet and shall contain the following minimum improvements:

[1]

Two regulation backstops with rope or nylon nets, one at each end of the eighty-four-foot dimension.

[2]

Court base and covering to be specified by the Township Engineer and approved prior to construction.

(e)

Each tennis court shall be 60 feet by 120 feet and contain the following minimum requirements:

[1]

The courts shall be surrounded with twelve-foot-high chain link fence and buffer plantings as recommended by the Township Planner.

[2]

One bench per court a minimum of eight feet in length.

[3]

The courts must be paved and coated with a colored sealer. Both paving and sealer specification must be approved by the Township Engineer prior to construction.

(f)

Multipurpose fields shall be a minimum of 300 feet by 600 feet and shall contain the following minimum requirements:

[1]

The entire area of the multipurpose field, excluding a baseball diamond, shall have a uniform lawn surface.

[2]

The locations of two backstops and four player benches shall be specified by the approving authority.

[3]

A minimum of two sets of spectator bleachers with a minimum of four rows per set and a minimum length of 12 feet per set.

(g)

A lighting plan shall be submitted for review by the approving authority for all required recreational uses in this section.

(h)

A parking plan and bicycle rack detail shall be submitted for review by the approving authority for all required recreational uses in this section.

(i)

In lieu of construction of the active recreation required, the applicant may elect, with approval from the appropriate authority, to contribute $2,500 per unit to a recreation trust fund maintained by the Township specifically for the purpose of purchasing, leasing and/or maintaining active recreation and open space. Contribution shall be paid as follows: one half at the time of final approval and the balance per unit with payment for issuance of each building permit. All open space lands must be provided regardless of contribution.

(j)

Failure to maintain common open space; remedies.

[1]

In any event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned unit development (PUD) fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Township may serve written notice upon such organization or upon the residents and owners of the PUD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization therefor responsible for the maintenance of the common open space, call for a public hearing upon notice to such organization, or to the residents and owners of the PUD shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, at its discretion, continue to maintain said common open space during the next succeeding year and subject to similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.

[2]

The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned unit development that have a right of enjoyment of the common space and shall become an assessment and lien on said properties. The Township Committee, pursuant to N.J.S.A. 40:55D-43, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the PUD.

Development staging.

(1)

The implementation of a PUD shall be in stages and phases, wherein the land owner(s)/applicant(s) shall furnish a proposed phasing and staging schedule identifying the minimum percentage of the office/industrial and retail and service uses to be developed by the completion of 25% of the residential uses to be developed; by the completion of 50% of the residential uses to be completed; by completion of 75% of the residential uses to be completed; and by completion of 100% of the residential units to be completed. At a minimum, 50% of all office/industrial and retail and service use to be developed shall be completed by completion of 80% of the residential development in the PUD.

(2)

The proposed staging and phasing charts shall be subject to the approval of the Township Planning Board prior to implementation and shall be binding upon the developer(s).

(3)

The proposed staging and phasing charts will be judged in accordance with the following:

(a)

Size of the proposed planned unit development (PUD).

(b)

Municipal, county, regional and state master plans.

(c)

Traffic impact.

(d)

Impact on community facilities and recreation.

(e)

Availability of water and sewer service.

(f)

Adjacent zoning requirements.

(g)

Economic environment.

(4)

Before permits will be issued for uses projected under the second phase, units in the first phase must be 50% completed. Before permits will be issued for uses projected under the third phase, units in the first stage must be 75% completed and the second phase is 50%. This pattern shall continue for the duration of the stages approved by the Township Planning Board.

§ 96-89 Procedures for application for approval of planned unit development.

General application procedures.

(1)

Sketch plan submission. Applicants shall file an application for a planned unit development (PUD) with 20 copies of a sketch plan of the proposed development for purposes of informal discussion, shall pay a fee of $200 and shall deposit $1,000, which shall be nonrefundable to cover costs, together with a signed statement that the applicant agrees to pay all reasonable costs above $1,000, if any, for professional review of the plan and for inspection of site if necessary. The Planning Board Secretary shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the PUD.

Formal application.

(1)

The applicant shall submit a plan for master development plan approval, subject to public hearing by the Township Planning Board. Twenty-five copies shall be submitted.

[Amended 8-3-2006 by Ord. No. O-2006-2]

(2)

There shall be a fee of $1,000, which shall be nonrefundable and in addition to the escrows set forth in the following subsection.

(3)

At the time of submission each applicant shall deposit, in cash or by certified check, with the Planning Board Secretary a sum of $1,500 and an additional $20 for each proposed dwelling unit, as well as $75 for every acre of proposed nonresidential land use. The final sum is to be placed in escrow by the Township to cover the cost of professional services and review, including engineering and legal or other incidental expenses connected with the processing, reviewing and checking of all materials. Each applicant who shall submit a plan for preliminary approval shall agree, in writing, to pay all reasonable costs for professional review of said site plan and for inspection of improvements required by the Township. Sums not utilized in review and inspection processes shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow. Any sum remaining shall be returned to the applicant. No preliminary approval shall be granted unless all required fees and escrows have been paid.

(4)

Timing of application and filing date. The application shall be made at least one month before the regularly scheduled meeting of the Township Planning Board at which the application will be considered. The date of said regular meeting following such proper submission shall be the date of the application in accordance with this article.

(5)

Form; payment of fees. The applications shall be made to the Planning Board Secretary in the form required by § 96-26 and shall be accompanied by payment of fees and escrows set forth in this article.

Submission of development sketch plan.

(1)

Distribution of copies. Upon receipt of the PUD sketch plan, the Planning Board Secretary shall distribute copies of the plan as follows:

(a)

One copy retained for Township files;

(b)

Fifteen copies for the Township Planning Board;

(c)

One copy for the governing body(ies) of any municipality within 200 feet of the proposed planned unit development (PUD); and

(d)

Any remaining copies are to be retained by the Planning Board Secretary.

Development sketch plan contents. The development sketch plan shall be prepared under the supervision of an appropriate licensed professional and shall contain information concerning the matters enumerated in Subsection E below that is sufficient to enable the PUD committee to determine informally whether the proposal is capable of qualifying for master development plan approval if carried forth as set out in the development sketch plan.

(1)

Planned unit development (PUD) committee.

(a)

Intent. The intent of a PUD committee is to provide an opportunity for the applicant to appear before the committee in an informal manner, to make presentation and, through discussion with the committee, learn of the committee's expectations.

(b)

Members of the PUD committee. The members of the PUD committee shall be appointed by the Mayor, pursuant to N.J.S.A. 40:55D-27.

(c)

Meeting of PUD committee. A PUD committee meeting will be scheduled within 30 days of filing a sketch plan and application.

(d)

Recommendations to Township Planning Board. The PUD committee shall review the sketch plan and discuss the proposed plan as it relates to:

[1]

The current Gloucester County Master Plan;

[2]

The current Township Master Plan;

[3]

Any other pertinent master plans;

[4]

Article IX, Zoning Districts and Regulations;

[5]

The current water/sewer plans;

[6]

The current Township Fair Share Housing Plan; and

[7]

Design standards and improvement requirements of this article.

(e)

Informal determination by the planned unit development (PUD) committee. The PUD committee's informal determination shall in no case prevent the applicant from proceeding to apply for master development plans at any time during or after the PUD committee's informal review of the development sketch plan.

Application for master development plan approval. The procedures and approvals provided herein for master development plan approval of a plan for a PUD and applications for such master development plan shall constitute formal approval of the character and scale of the PUD. The approval shall specify the timing or staging of development; the number of acres to be devoted to each section of development; and the maximum density to be permitted in each residential section. Approval of this plan does not constitute subdivision or site plan approval for each section of the development. The formal approval of the master development plan shall be binding for such period as shall be determined by the Township Planning Board, and afterwards, shall not be amended without formal approval of the Township Planning Board.

Distribution of copies. Upon receipt of the application for master development plan approval of the PUD plan, the Planning Board Secretary shall distribute:

(1)

One copy to the State Planning Commission;

(2)

One copy to the Gloucester County Planning Board;

(3)

One copy retained for Township files;

(4)

Fifteen copies to the Township Planning Board;

(5)

One copy to the Township Engineer;

(6)

One copy to the Planning Board Planner;

(7)

One copy to the governing body of any municipality within 200 feet;

(8)

One copy to the Planning Board Solicitor;

(9)

One copy to the Township Zoning Officer;

(10)

One copy to the Township Construction Official;

(11)

One copy to each school board;

(12)

One copy to the Elk Township Municipal Utility Authority;

(13)

As may be deemed necessary for the purpose of review and comment, one copy to any governmental agency, board, committee or person; and

(14)

Any remaining copies shall be retained by the Planning Board Secretary.

Contents of the master development plan. All data sources shall be precisely cited (including source, dates, pates) and shall be publicly available.

(1)

A brief written statement generally describing the proposal, together with a statement by the applicant of the major planning assumptions and objectives of the proposed planned unit development (PUD), including development concepts and relationship of the proposed PUD to adjacent properties.

(2)

A fiscal impact analysis providing projected population of the PUD, including the projected population of school-age children (ages five to 18) likely to result from the PUD, the anticipated cost of providing municipal and school services to the development, as well as anticipated revenues.

(3)

A traffic plan providing a description of vehicular traffic generation characteristics of the proposed development, including estimates of the peak traffic loads that will be introduced into existing and proposed roads as a result of the development. This shall include substantiation of the capability of the road system in the vicinity of the development to accommodate the additional traffic, with proposed methods of road improvements that may be necessary to permit the development without unduly burdening the traffic circulation system. (The Planning Board may require that at no time will "Level of Service D" be exceeded and may withhold building permits until such time as improvements are implemented to return to a "Level of Service D" or better.) The traffic plan shall be prepared by a traffic engineer.

(4)

Utility plan. The method(s) of providing proposed utilities and the feasibility of the proposal for disposition of sanitary and solid wastes, storm drainage and the provision of water supply. Information shall include generalized plans for service of the entire development by public sewer and water and a general stormwater management plan; detailed engineering drawings and drainage calculations will be required at the submission of subsequent site plan and subdivisions plans. The utility plan shall be prepared by a professional engineer licensed by the State of New Jersey.

(5)

Market feasibility. A general summary of market feasibility studies conducted to determine the distribution and timing of the proposed land use program.

(6)

Scheduling. In the case of plans that call for development of a PUD over a period of years, a schedule showing the proposed order of development in accordance with the requirements of § 96-88P above.

(7)

Environmental impact statement (EIS). The EIS shall provide an analysis of the geologic subsurface condition, the soil type, floodplains and wetlands, waterways, aquifers, general vegetation, and wildlife species known to exist on or above the land and contained within the planned unit development (PUD) site; as well as species that are known to exist within water and wetlands contained within the PUD site. The EIS shall also identify any sites or structures of historic significance located on the site of the PUD. The EIS shall review the impact of the proposed PUD on these environmental features and shall list measures which may be taken to ameliorate the impact of the development. The EIS shall be prepared by an appropriate licensed professional.

(8)

A schematic land use plan, which shall include:

(a)

The general character of development proposed for each section.

(b)

A key map showing the PUD in relation to the surrounding area and the names, addresses, lot and block numbers of all adjacent property owners within 200 feet of the boundary lines, as recorded in the latest records of the Township Tax Assessor.

(c)

The underlying and adjacent zoning districts.

(d)

The right-of-way and cartway widths and locations of all existing and proposed streets within the PUD and up to 300 feet from the PUD.

(e)

All existing and proposed rail rights-of-way.

(f)

The existing contours within the PUD based on the latest available U.S.G.S. Quadrangle Maps and shown at not more than ten-foot intervals.

(g)

The total acreage of the entire PUD and of each section of the development shown at the nearest tenth of an acre.

(h)

The proposed number of dwelling units to be constructed in each residential section.

(i)

The proposed gross square feet of nonresidential floor area to be constructed in each nonresidential section.

(j)

Common open space. The total amount of common open space and the approximate location of not less than 75% of the required common open space within the planned unit development (PUD) and the form(s) or organization proposed to own and maintain common open space.

(k)

The substance of covenants, easements, restrictions or other agreements proposed to burden or benefit the use of the land, buildings and structures, including all easements, rights-of-way and open space to be granted or dedicated for public use, in the form of a written statement.

(l)

A written statement by the landowner or any other entity having a cognizable interest in the land, setting forth the reasons why, in their opinion, a PUD would be in the public interest and would be consistent with guidelines of the Township Master Plan, and the Township statement of objectives for PUD as set forth in this article.

(m)

Community impact. An analysis of the projected population, estimated employee potential and usable gross floor area of commercial and industrial uses, and estimated costs of improvements expected to be generated by or for the development. This shall include an analysis and description of the type, location and cost of public facilities, including schools, on-tract, on-site, off-site and off-tract improvements and services, the need for which is created by the proposed PUD.

(n)

General landscaping and lighting. A single plan or multiple plans as necessary, which illustrates both lighting and landscaping along major roadways, entranceways and between uses must be submitted. The landscaping plans must contain a planting schedule, performance guaranties, general notes and details, and assurances that plantings which die within one year shall be replaced. Lighting details shall be shown and isolux lines to the 0.25 footcandle limit shall be illustrated on the plan.

(o)

Stormwater management plan. A general stormwater management plan shall be submitted for review by the Township Engineer. The minimum submission shall be a duplicate of what is being submitted to the Soil Conservation District. The Township Engineer may require additional information to document the PUDs availability to accommodate runoff.

(p)

Affordable housing obligation. Each planned unit development (PUD) shall be required to comply with the affordable housing provisions of the Master Plan Housing Element. Each application shall include:

[1]

A written plan describing in detail the manner by which the applicant proposed to comply with its affordable housing obligation;

[2]

A phasing schedule;

[3]

A schedule of low-and moderate-income units estimated to be produced by income strata, bedroom size, and age restriction;

[4]

An affirmative marketing plan; and

[5]

Such other information as may be required by Elk Township and the regulations of the New Jersey Council on Affordable Housing and the Elk Township Housing Ordinance.[1]

[1]

Editor's Note: See § 96-88E(6), Affordable housing requirements.

(q)

Off-site improvement plan. A detailed plan of all existing and proposed off-site improvements must be submitted for review. At a minimum, the plan shall include information on the size, type, slope and coverage of all proposed pipes and utilities. Roadway improvement details, including signalization and sidewalks, must also be provided.

(r)

Application form. The application for master development plan approval shall be in the form of a petition by the applicant and landowner(s) to the Township Planning Board, and shall consist of a written statement(s) and plans, prepared at a scale of not less than one inch equals 400 feet and certified by an appropriately licensed professional.

Public hearing.

(1)

Within 65 days of filing of the completed application for master development plan approval of a PUD plan, a public hearing on the completed application shall be held by the Planning Board.

(2)

Upon the setting by the Board of a date, time and place for a public hearing on the preliminary plan, the applicant shall personally serve, by registered or certified mail, return mail, return receipt requested, notice of the hearing on the preliminary plan application at least 10 days prior thereto to the adjoining property owners and property owners directly across the street(s) from the property involved and all other property owners within 200 feet of the extreme limits of the property involved, each name as it appears on the Township tax records.

(3)

The notice of the hearing shall state the time and place of the hearing, contain a brief description of the property involved, a statement as to its location, a list of maps and other documents to be considered, and a summary statement of the matters to be heard. Copies of the maps and other documents to be considered at the hearing shall be filed in the office of the Township Clerk and made available at such office for public inspection.

(4)

The applicant shall also cause notice of the hearing to be published in the official newspaper of the Township at least 10 days prior to the hearing.

(5)

The applicant shall submit affidavits prior to the hearing stating that he or she has notified all such property owners as above required and that a notice of the hearing was properly published.

(6)

If the lands covered by the master development plan lie within 200 feet of a Township boundary or abut a state highway or county road, a copy of the plan notice of the hearing shall be sent by the applicant to the clerk of the adjoining municipality, and a copy of the notice shall be sent to the Commissioner of the Department of Transportation in the case of a state highway, and to the County Planning Board in the case of a county road, all such notices to be sent by registered or certified mail at least 10 days prior to the hearing. Said notice shall contain a brief description of the property involved, its location and a concise statement of matters to be heard. Any communications received prior to or at the hearing will be considered in relation to the approval or disapproval of the plan.

(7)

Notice shall be given by personal service or certified mail to the State Planning Office. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.

Filing of reports. Not less than five days prior to the public hearing, any reports prepared by the Gloucester County Planning Board, the Township Engineer, the Township Solicitor, the school board, the Municipal Utilities Authority serving the area, or the governing bodies of adjacent municipalities shall be made available for public inspection during regular business hours.

Testimony at the public hearing.

(1)

At the public hearing, the Chairperson or, in his or her absence, the Acting Chairperson, of the Township Planning Board may administer oaths and compel the attendance of all witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross examine adverse witnesses.

(2)

At the public hearing all parties having an interest herein shall be given opportunity to be heard.

Hearing transcript. The Planning Board shall provide for the verbatim reporting of the proceeding by either stenographer, mechanical or electronic means. The Planning Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. In the event that a transcript is provided, the Planning Board may require a deposit upon an estimate of costs submitted to the Planning Board by the transcriber. The charge to the interested party shall not exceed the maximum permitted by N.J.S.A. 2A:11-15.[2]

[2]

Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119, § 4, effective 4-25-1991.

Continuation of hearing. The Planning Board may continue the hearing from time to time; provided, however, that in any event, the public hearing(s) shall be concluded within 95 days from the date of filing (or acceptance) of the completed application unless the applicant shall consent, in writing, to an extension of time.

Hearing resolution.

(1)

The Township Planning Board, within 95 days following the filing (or acceptance) of a completed application, unless an extension is consented to by the applicant, in writing, shall either:

(a)

Grant approval of the master development plan as submitted, with the condition that subdivision or site plan approval be required for each section of the planned unit development (PUD) prior to actual development of each section, subject to Article VI of this chapter;

(b)

Grant approval of the master development plan, subject to specified conditions not included in the plan as submitted, with the additional condition that subdivision or site plan approval be required for each section of the PUD prior to actual development of each section, subject to Article VI of this chapter; or

(c)

Deny master development plan approval.

(2)

A written resolution setting forth the Planning Board's decision shall be adopted at the meeting when the final decision is made, or a memorializing resolution shall adopted at a meeting held not later than 45 days after the date of the meeting at which the Planning Board rendered its decision.

Acceptance or refusal of conditions.

(1)

Failure of the Township Planning Board to so act within said period of time shall be deemed to be a grant of master development plan approval of the plan submitted, subject to the plans as submitted. In the event that the master development plan approval is granted other than by lapse of time, either of the plan as submitted or of the plan with conditions, the Township Planning Board, as part of its resolution, shall specify the drawings, specifications and form of performance guaranty as provided by statute that shall accompany subsequent application(s) for site plan or subdivision approval. In the event that the master development plan approval is granted subject to conditions, the landowner shall, within 45 days after receiving a copy of the written approval of the Township Planning Board, notify the Board of their acceptance or refusal to accept all said conditions. In the event that the landowner refuses to accept all said conditions, the Township Planning Board shall be deemed to have denied master development plan approval of the plan. In the event that the landowner does not within said period notify the Township Planning Board of their acceptance or refusal to accept all said conditions, the master development plan shall be deemed to be denied. The landowner may, during this forty-five-day period, request an extension of an additional 30 days for the purpose of reviewing and considering the conditions. Granting or denying of such extension shall be within the discretion of the Board. If such extension is granted, the provisions of this subsection will be extended for an additional thirty-day period.

(2)

The Township Planning Board may set forth those conditions which it deems necessary to protect the interests of the general public and the residents and occupants of the planned unit development (PUD). Such conditions may include but are not limited to the sequence and distribution of uses and densities, limitations of land areas to be developed within a given period, or provisions or physical means to address critical or unique environmental conditions. Such conditions will be predicted on the following criteria:

(a)

That each phase of a PUD shall contain, within reasonable limits, a balance of uses, residential densities, unit types and community facilities to assure that the PUD is a viable self-sustaining community unit at any give phase in its growth, and that the commercial or industrial uses proposed or required to be constructed in the Township are sufficient to serve the economic and social base of the community to the greatest extent possible.

(b)

That each stage of development will include a required open and recreation space plan in proportion to serve residents of units to be developed in that stage. Such open space and recreation facilities will be physically proximate and accessible to the residential use areas.

(c)

That the size and timing of successive stages of a PUD will be conditioned upon the availability and provision of suitable capacity of facilities such as arterial highways, sewer, water, drainage and other services whose capacities must be expanded as a result of the development of the PUD and be consistent with this article.

Contents of written hearing resolutions.

(1)

The grant and denial of master development plan approval by written resolution of the Township Planning Board shall include not only conclusions, but also findings or fact related to the specific proposal; shall set forth the reasons for the grant, with or without conditions, or for the denial; and shall set forth particularly in what respect the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

(a)

Whether the plan is in general conformity with the provisions of the Master Plan of the Township.

(b)

In what respects the plan is or is not consistent with the Township's statement of objectives for planned unit development (PUD) set forth in community objectives.

(c)

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reason why such departures are or are not deemed to be in the public interest.

(d)

The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.

(e)

The physical design of the plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation, landscaping and visual enjoyment.

(f)

The relationship, beneficial or adverse, of the proposed PUD to the neighboring area in which it is proposed to be established.

(g)

In the case of a plan that proposes development over a period of 10 or more years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the PUD in the integrity of the plan, including the performance guaranties.

Time requirements for application for site/subdivision approval for each section. In the event that a plan is granted master development plan approval, with or without conditions, the Planning Board shall set forth in the written resolution the time within which applications for subdivision or site plan approval(s) of each section thereof shall be filed. If application is not made within the stated period, the master development plan approval of the PUD plan shall be void. The time so established shall not be less than six months and may be for a longer period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under the plan, economic conditions, and the comprehensiveness of the development.

Conditions of master development plan approval. A plan that has been given master development plan approval with conditions accepted by the landowner/applicant (and provided that the landowner/applicant has not defaulted under nor violated any of the conditions of the master development plan approval) shall not be modified, revoked or otherwise impaired by action of the Township or any of its present or future agencies or officers pending an application or applications for subdivision or site plan approvals for each section without the consent of the landowner/applicant, provided that an application for subdivision or site plan approval is filed within the time specified in the resolution granting master development plan approval.

Failure to proceed beyond master development plan approval. In the event that a plan is given master development plan approval thereafter, but prior to subdivision or site plant approval, the landowner/applicant shall elect to abandon part or all of said plan and shall so notify the Township Planning Board in writing, or in the event that the landowner/applicant shall fail to file application for subdivision or site plan approval within the required period of time, the master development plan approval shall be deemed to be revoked, and all that portion of that area included in the plan for which subdivision or site plan approval has not been given shall be subject to those Township ordinances applicable thereto as they may be amended from time to time and noted in the records of the Township Clerk.

Certificate of master development plan approval. Within 10 working days after the adoption of the written resolution provided in this article, it shall be certified by the Planning Board Secretary and shall be filed in their office, the office of the Township Clerk, and a certified copy shall be mailed to the applicant and to the Gloucester County Planning Board and to the governing body of any municipality within 200 feet of the proposed PUD.

Recording of master development plan approval. When master development plan approval has been granted, the same shall be noted in the office of the Township Clerk and in the records of the Township.

Abandonment of approved plan. In the event that a plan is given master development plan approval and thereafter the landowner/applicant shall abandon said plan and shall so notify the Township Planning Board, in writing, or in the event that the landowner/applicant shall fail to begin development within 24 months after master development approval has been granted, then and in that event, such master development plan approval shall terminate and be deemed null and void, unless such time period is extended by the Township Planning Board upon written application by the landowner/applicant, and any performance guaranty shall be utilized by the Township to complete any unfinished public improvements on the site; any remaining portion of the performance guaranty after completion of unfinished public improvements shall be returned to the landowner/applicant.

Judicial review. Any decision of the Township Planning Board granting or denying master development plan approval of a plan or authorizing or refusing to authorize a modification in a plan shall be deemed to be a final administrative decision and shall be subject to judicial review.

Improvements or performance guaranty as a condition of final approval as per Article IV of this chapter.

Required improvements on performance guaranty. Before final subdivision or site plan approval is granted for any section of a PUD, the landowner/developer shall either complete any improvements to be dedicated to the Township or improvements required to be made as a condition of approval within or in conjunction with the development or that section, or provide appropriate performance guaranties for the completion thereof. The required improvements shall be those required by this article and by the conditions of master development plan approval.

Performance guaranty.

(1)

Before final subdivision and/or site plan approval is granted for any section of a PUD, the landowner/developer shall either complete any improvements to be dedicated to the Township or improvements to be made as a condition of approval within or in conjunction with the development of that section, or provide appropriate performance guaranties for the completion thereof. The required improvements shall be those required by this article and by the conditions of subdivision and/or site plan approval for each section.

(2)

Furthermore, Article VI shall apply to those sections of the planned unit development (PUD) that require subdivision and/or site plan approval.

Notification and inspection of improvements.

(1)

When a required improvement has been completed, the obligor shall notify the Township Planning Board, in writing, by certified or registered mail, of the completion of such improvement and shall send a copy thereof to the Township Engineer. The Township Planning Board shall direct and authorize the Township Engineer to certify completion of such improvements.

(2)

The Township Engineer shall thereupon file a report, in writing, with the Township Planning Board, which report shall be detailed and shall indicate either approval, partial approval or rejection. If such improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the report indicates partial approval of such improvement, it shall indicate the cost of the improvement for which approval is rejected or withheld.

AA.

Acceptance or rejection of improvements. The Township Planning Board shall accept or reject the improvement, grant partial approval or withhold approval on the basis of such report and shall certify the obligor of the action of the Township Planning Board with relation thereto, in writing, and send one copy of said report by certified or registered mail not later than 65 days after receipt of notice from the obligor of the completion of the improvement. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion necessary to secure the improvement not yet approved.

BB.

Failure of Township to provide notification of approval. If the Township Planning Board fails to send such report and notification to the obligor within 65 days, the obligor may notify the Township Planning Board, in writing, by certified or registered mail, with a copy thereof send to the Township Engineer, that failure of the Township Planning Board to provide the obligor with such notification within 65 days shall constitute approval of the improvement. Within 60 days after receipt of this notice, the Township Planning Board shall send the report and notification of its action with relation thereto to the obligor by certified mail. Failure of the Township Planning Board to send or provide such report and notification to the obligor within 65 days shall be deemed to constitute approval of the improvement, and the obligor and surety, if any, shall be released from all liability pursuant to the performance guaranty.

CC.

Completion of improvements not approved. If any portion of such improvement is not approved or rejected by the Township Planning Board, the obligor shall cause the same to be completed or corrected, and, upon completion, the procedure set forth in this section shall be followed.

DD.

Right to contest. Nothing in this section, however, shall be construed to remit the obligor's right to contest or question, by legal proceedings or otherwise, any determination of the Township Planning Board or the Township Engineer.

EE.

Inspection fees. The obligor shall be responsible for all of the inspection fees of the Township Engineer incurred in making the inspections necessary to assure compliance and completion in accordance with the approved plans and specifications.

FF.

Maintenance guaranty. The Township shall require a maintenance guaranty for a period of two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement.

GG.

Issuing of building permits. Subject to the exceptions stated below, no building permit shall be issued within any section of an approved PUD until final subdivision and site plan approval has been granted by the Township Planning Board. Approval will also be required from all private, county, state and federal agencies which have jurisdiction over the proposed development.

HH.

Improvement permits. After a plans has been given preliminary subdivision and site plan approval, building permits for improvements to be dedicated to the Township, or improvements required to be made as a condition of approval, may be issued subject to the posting of the performance guaranties outlined in this article and subject to approvals from all private, county, state and federal agencies which have jurisdiction over the proposed development.

II.

Model dwelling units.

(1)

After a plan has been given preliminary subdivision and/or site plan approval, the landowner shall be entitled to permits for model dwelling units in single-family detached, townhouse or multifamily structures for purposes of marketing. Requirements for receiving permits for model dwelling units will include the submission of the following information by the landowner for review by the Township Planning Board:

(a)

Number and type of model dwelling units to be constructed;

(b)

Site plan, grading plan, landscape plan, floor plan and elevations of the model dwelling units;

(c)

Utilities plans indicating methods of water supply and sewage disposal; and

(d)

A schedule indicating the period of time which the model dwelling units will be displayed for marketing purposes and the estimated dates they will be offered for sale.

(2)

Such structures will be permitted only if they pose no threat to health or safety, and provided further that the landowner agrees to demolish and remove the same to restore the land to its original condition in the event that the final approval is denied and that this performance thereunder is guaranteed in accordance with this section.

Elk City Zoning Code