Gibbsboro City Zoning Code
ARTICLE V
Planned Unit Development
§ 400-26 Purpose.
A.
Purpose. The purpose of a planned unit development is to further the public health, safety, morals and general welfare and provide for:
(1)
A variety of housing types and designs.
(2)
Commercial, recreational and other community services conveniently located to serve the residents of the planned development.
(3)
The planning and building of new communities, incorporating the best features of modern design.
(4)
The conservation and more efficient use of open space.
(5)
An integrated plan for serving traffic to minimize the burden of traffic on streets and highways.
(6)
A more flexible development of land that shall conserve and enhance natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of unusual importance to the natural ecosystem.
B.
Enabling act. This article is adopted pursuant to N.J.S.A. 40:55D-65.
C.
Statement 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 Borough of Gibbsboro adopts the following community objectives for planned unit developments:
(1)
Planning and design goals. All planned unit developments shall permit and encourage only those uses of the land permitted which through the standards adopted in this article provide for flexibility in planning and development that respects the natural character of the land, the drainage system, soil capabilities and suitabilities and groundwater and aquifer recharge quality, and to include only those uses that are compatible with other proposed uses within the planned unit development and existing uses on adjacent lands.
(2)
Relationship to Borough development patterns. All planned unit development shall be planned and designed to achieve the Borough goal of permitting and encouraging a population density and a development pattern in the Borough that facilitates the provision of public utilities and services, including public water and public sewerage, storm drainage systems, recreation areas, public schools and state, county and Borough roads, in an orderly, functional and economical manner.
(3)
Conservation of open space. Common open space and adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of the residents and the owners of the planned unit development and those portions of the project that, because of their natural features, constitute important visual amenities and environmental resources. Planned unit developments are intended to have continuity of open space resulting from the integration of upland, wetland, floodplain and surface water areas within the planned unit development and other open space areas.
(4)
Appearance and aesthetic control. All planned unit development shall be planned and designed to promote and achieve aesthetically pleasing views from and to the various land uses which shall be created by a planned unit development. The creation and promotion of such aesthetic conditions shall strengthen and preserve the municipality's unique environmental heritage and promote the civic pride, prosperity and general welfare of the residents of the planned unit development, the Borough and visitors thereto.
(5)
Relationship to Borough Master Plan. All planned unit developments shall be planned and designed in accordance with community objectives for planned unit developments as are or may be set forth in the Borough Master Plan duly adopted by the Borough Planning Board and those ordinances duly adopted by the Borough to implement the Master Plan.
§ 400-27 General regulations.
Planned unit developments shall be permitted as designated on the Official Zoning Map[1] as an overlay district where, if the general regulations are met, an applicant may file an application for development under the standards of this article. In the Planned Unit Development District (PUD), the following general regulations shall apply:
A.
Minimum gross acreage of tract: 100 acres.
B.
Minimum developable land area: 70 acres.
C.
Maximum gross residential density: one unit per acre.
D.
Minimum net residential area (including associated open space area): 70% of developable land area.
E.
Minimum required open space: A minimum of 40% of the gross acreage of the planned unit development shall be set aside for common open space and recreation or public open space and recreation.
F.
Public water and sewer: All planned unit developments shall be served by public water and public sanitary sewer.
[1]
Editor's Note: The Official Zoning Map is on file in the Borough Clerk's office.
§ 400-28 Permitted uses.
A building or buildings may be erected, altered or used and a lot may be occupied or used for any of the following purposes or combination of purposes:
B.
Commercial uses.
(1)
Retail sales and services, including personal services.
(2)
Restaurants.
(3)
Professional offices.
(4)
Financial institutions.
(5)
Day-care facilities duly licensed by the State of New Jersey.
(6)
Health care facilities, including but not limited to medical offices, health maintenance organizations, health clinics and other similar facilities, excepting hospitals.
(7)
Health and recreation clubs and facilities, including fitness centers, sports clinics, racquet sport facilities, clubhouses and other similar facilities.
C.
Institutional uses.
(1)
Public and private educational, cultural, religious and recreational facilities and charitable institutions.
(2)
Life-care and continuing-care facilities; and nursing homes.
(3)
Social, fraternal, social service, union and civic organizations.
(4)
Municipal facilities and public utility substations.
§ 400-29 Accessory uses.
§ 400-30 Conditional uses.
§ 400-31 Residential use ratios.
Within any planned unit development, at least 5%, but no more than 35%, of the total number of housing units, exclusive of institutional uses, shall be age-restricted housing pursuant to § 400-29A and this article.
§ 400-32 Bulk regulations.
The following bulk regulations shall apply in all planned unit developments:
A.
Calculation of land use areas. The following calculations shall be used to determine the allocation of land uses for the planned unit development:
(1)
Calculation for gross acreage.
(a)
Determine the tract size in acres by actual property survey.
(b)
Subtract the following:
[1]
Land within existing or their future rights-of-way, including streets, overhead transmission lines, pipelines, communications lines or other rights-of-way, in acres.
[2]
Land without development rights due to conservation or other easements, restrictive covenants or state riparian rights, in acres.
B.
Planned unit development tract requirements.
(1)
Building setback from tract perimeter: 50 feet from any tract boundary.
(2)
Building setback from an overhead utility line or underground pipe or line easement or right-of-way: 100 feet.
(3)
Parking area or internal driveway or street setback (excluding entrances and exits) from tract perimeter: 35 feet.
C.
Residential use area, yard, height and coverage requirements.
(1)
Single-family detached dwelling requirements.
(a)
Minimum lot area: 10,000 square feet.
(b)
Average lot area: 15,000 square feet.
(c)
Minimum lot frontage at the street line: 55 feet.
(d)
Minimum lot width at the building line: 75 feet.
(e)
Maximum building area: 30% of the lot area.
(g)
Minimum front yard: 30 feet in depth.
(h)
Minimum side yard: 10 feet for one side yard; 25 feet aggregate for both side yards.
(i)
Minimum rear yard: 20 feet in depth.
(j)
Maximum building height: 35 feet.
(k)
Accessory use setbacks from any property line: eight feet, except that no accessory use shall be located in the front yard.
(2)
Single-family semidetached dwelling requirements.
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum lot width at the building line: 40 feet.
(d)
Maximum building coverage: 40% of the lot area.
(f)
Minimum front yard: 30 feet in depth.
(g)
Minimum side yard: 10 feet in width for one side yard; zero feet for the other side yard.
(h)
Minimum rear yard: 20 feet in depth.
(i)
Maximum building height: 35 feet.
(j)
Accessory use setbacks from any property line: eight feet, except that no accessory use shall be located in the front yard.
(3)
Townhouse and garden apartment dwelling requirements.
(a)
Minimum dwelling width: 18 feet.
(c)
Minimum distance between buildings:
[1]
From the front or back of any building to any other building or structure: 50 feet.
[2]
From the side of any building to any other building or structure: 30 feet.
[3]
The Planning or Zoning Board, after due consideration of plans, testimony or other evidence, may waive strict compliance with this subsection to further the architectural relationship of building groups.
(d)
Maximum height: 40 feet.
(e)
Maximum building length through the long axis: 240 feet.
(f)
Minimum setbacks of buildings from streets or parking areas:
(g)
Additional area and yard requirements for units marketed on a fee simple basis:
(h)
Each building shall contain central laundering facilities unless each unit is supplied with an area devoted to such use.
D.
Commercial use area, yard, height and coverage requirements.
(1)
Minimum lot size: 1/2 acre.
(2)
Minimum lot frontage and width: 100 feet.
(3)
Maximum building coverage: 30% of lot area.
(4)
Maximum impervious surface coverage: 75% of the lot area.
(5)
Maximum height: 28 feet.
(6)
Minimum distance of commercial buildings from residential buildings: 100 feet.
(7)
Minimum front yard: 30 feet in depth.
(8)
Minimum side yard: 20 feet in width.
(9)
Minimum rear yard: 30 feet in depth.
(10)
Parking area setback. No parking area shall be permitted within 30 feet of a street line or 10 feet of any other property line or building.
(11)
Minimum landscape screen width adjacent to residential uses or open space: 25 feet.
E.
Institutional use area, yard, height and coverage requirements.
(1)
Minimum lot size: 1.5 acres.
(2)
Minimum lot frontage: 100 feet.
(3)
Maximum impervious surface coverage: 75%.
(4)
Maximum height: 45 feet.
(5)
Minimum distance of nonresidential buildings from residential buildings: 100 feet.
(6)
Minimum front yard: 50 feet in depth.
(7)
Minimum side yard: 25 feet in width.
(8)
Minimum rear yard: 40 feet in depth.
(9)
Parking area setback. No parking area shall be permitted within 30 feet of a street line or 10 feet of any other property line or building.
(10)
Minimum landscape screen width adjacent to residential uses or open space: 25 feet.
F.
Open space requirements.
§ 400-33 Age-restricted housing requirements.
Housing unit types that are restricted to certain persons by age must comply with the federal requirements of the Fair Housing Amendments Act of 1988 as implemented in 24 CFR Part 100, Subpart E, Housing for Older Persons, as it may be amended or superseded.
§ 400-34 Performance and design standards.
A.
Design guidelines. The following guidelines shall be used in the design of any planned unit development:
(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. Special consideration shall be given to the preservation of natural features, including large trees, stands of specimen vegetation, groves, waterways, aquifer recharge areas, scenic, paleontological, archaeological, cultural and historic sites and other community assets within the planned unit development.
(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 and to the greatest extent possible be designed to promote passive solar energy technology.
(3)
Relationship to existing areas. All residential uses shall be located with consideration given to their compatibility with existing uses on adjacent lots and on lots located across public streets.
(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 streets with residential frontage, variations in setbacks shall be encouraged.
(6)
Access. Principal routes for vehicular access to residential areas shall be public streets with pedestrian access and off-street parking located for convenience without creating a nuisance or a traffic flow and safety problem or detracting from use and privacy.
(7)
Circulation. The internal circulation system shall be designed to minimize conflicts between pedestrian and vehicular traffic; to permit safe and easy access for the provision of community services, including fire and police protection; to separate local and through traffic; and to minimize additional use of the existing adjacent local road system.
(8)
Open space. Open space within all planned unit developments shall be planned and designed to achieve the Borough 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 planned unit development and that those portions of the Borough that, because of their natural features, constitute important visual amenities and environmental resources are maintained in accordance with sound conservation practice.
B.
Design and performance standards. The following design and performance standards shall apply to any planned unit development.
(1)
Tree protection. The development shall be designed and programmed so as to minimize tree clearance and the destruction of natural amenities associated with the same pursuant to Chapter 379, Trees and Shrubs, of the Code of the Borough of Gibbsboro.
(2)
Landscaping.
(a)
Perimeter buffer requirements. Landscape buffers are required along the perimeter property lines of a planned unit development and shall retain existing vegetation which is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the Planning Board. The perimeter buffer shall be a minimum width of 30 feet.
(b)
Building within a perimeter buffer. Structures and public roadways affording access to the site may be located within the required perimeter buffer, provided that such structures are accessory structures such as buildings necessary to house utility functions, entrance gate facilities, signs approved as part of the signage plan and electrical and other utility elements forming part of an approved traffic signal and streetlighting system. No off-street parking facilities or principal buildings shall be constructed within the required perimeter buffer.
(c)
Internal landscape buffer screen requirements. The protection of wooded areas, specimen trees and existing vegetation suitable for landscape screens within the planned unit development shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels. Landscape screen areas separating changes of use within the planned unit development shall be provided in a manner that shall create effective low-level and high-level visual screening.
(d)
Building within a landscape screen. No building or structure, including utility boxes but excluding lighting, shall be permitted within a landscape screen. Public or private streets affording access to the rest of the development shall be permitted to cut through landscape screens. No parking, loading or unloading area, driveway, aisle, accessway or other similar improvement shall be permitted within a landscape screen. Further, no drainage facility shall be permitted within a landscape screen.
(3)
Lighting.
(a)
Residential. 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 parking areas, walkways and entrance doorways and for identification of steps, ramps, directional changes and signs. 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.
(b)
Nonresidential.
[1]
Adequate lighting shall be provided for the outdoor areas used by customers, patrons, or owners of the development after dark. An average of a 0.5 footcandle at grade shall be maintained over all parking and loading areas and walkways during business hours. Lighting intensity shall be increased to an average of one footcandle at all intersections of drives and public or private streets.
[2]
At least 75% of the exterior lighting shall be turned off one hour after the close of business.
(5)
Open space and recreation facilities. 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 planned unit development. Natural waterways and easements may be utilized for providing continuity of open space.
(a)
Open space within a planned unit development should be designed and located according to the following standards:
(b)
The applicant when submitting plans shall designate on the plans areas for active and passive recreation and conservation areas.
(c)
The applicant shall propose recreational facilities for the planned unit development based on its projected population in accordance with § 358-20C(4) of the Code of the Borough of Gibbsboro. Population projections shall be based on accepted planning standards for the type of residential unit proposed. Consideration shall also be given to recreation facilities designed to serve office and retail workers employed in the nonresidential land uses of the planned unit development. An applicant may submit and the Planning Board may approve an alternative active recreation plan other than that required pursuant to § 358-20C(4) appropriate for the purposes of the planned unit development.
(d)
If a staging or phasing plan is proposed for the development of the planned unit development, the recreation plan shall also be staged to provide adequate active recreation facilities appropriate for the population or use of each phase.
(6)
Refuse stations. Solid waste disposal for multifamily units shall be provided for through the use of refuse stations which provide for the separation and storage of recyclable and nonrecyclable waste products. All stations shall be designed and located to be convenient for residential users. All such facilities shall be effectively screened by landscaping materials and located so as to be inoffensive and unobtrusive to residents of nearby dwelling units.
(7)
Signs. Signs shall be permitted subject to Chapter 318, Signs, of the Code of the Borough of Gibbsboro, except that the applicant may submit and the Planning Board may approve a signage plan for a planned unit development which may propose alternative standards appropriate for such a development.
(8)
Stormwater management system.
(a)
There shall be provided permanent facilities, which may be natural and/or man-made drainage channels and retention or detention basins, sufficient to handle the increased stormwater runoff that shall result from the amount of impervious coverage within the planned unit development.
(b)
The stormwater drainage facilities shall be designed to minimize the discharge of pollutants into the watercourses flowing through or past the planned unit development and shall be designed to the satisfaction of the Planning Board and Borough Engineer and shall comply with all requirements of the New Jersey Department of Environmental Protection and Energy.
(c)
The design of the stormwater management system shall emphasize the coordinated development scheme of the planned unit development, and accordingly the number and size of detention basins located on nonresidential and residential lots shall be minimized.
(9)
Street standards. The relationship of streets to land uses shall be evaluated in terms of the following:
(a)
General design criteria. Streets shall be designed with regard to topography, natural features, function, clarity of movement and economy of street length.
(b)
Relationship to existing streets. Wherever feasible in any planned unit development, the street system shall be integrated with the existing network of streets so that there are at least two points of access. When a planned unit development is to be developed in sections, each section shall provide two points of access for public safety vehicles.
(c)
Relationship to existing contours. The street layout shall be designed to take advantage of existing contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of underground facilities.
(d)
Clarity of street system and vehicular movement. A planned unit development shall contain a street hierarchy which by its design and approved signage components shall effectively minimize the flow of through traffic on local residential streets.
(e)
Double frontage lots. In residential areas, double frontage lots shall be avoided where possible, except in cases where necessitated by proximity to major highways and arterial streets. In such cases, the lot should normally face on the minor road and be screened from the major road by suitable landscape buffering.
(f)
Street standards.
[1]
Streets, whether to be dedicated to the public or not, shall be subject to applicable Gibbsboro Borough standards and specifications and other applicable regulations, including standards for street trees and streetlighting.
[2]
The applicant may suggest and the Planning Board may approve alternative public street standards or permit the development of private streets upon a determination that the proposed roadway standards adequately provide for the safe and efficient movement of traffic and that adequate off-street parking for adjacent uses is provided.
(10)
Utilities. Utilities constructed within a planned unit development shall be placed underground in accordance with municipal and county requirements.
(11)
Streetscape design standards.
[Added 4-27-2005 by Ord. No. 2005-4]
(a)
Layout. Streetscape layout shall be in accordance with one of the three design concepts provided in these standards. The ultimate decision for the design will be recommended by and decided upon by the Gibbsboro Planning Board and/or the Gibbsboro Historic Preservation Committee. If unique site-specific circumstances, such as wetland buffers, existing vegetation or sight distance issues, preclude the installation of any of the prescribed streetscape elements, the applicant shall provide an alternative plan that incorporates as many of the design elements as possible. In all cases, however, provisions must be made to continue the sidewalk or bikeway elements.
(b)
General streetscape plan. Design Concepts A, B and C depict the theme of the streetscape to be achieved within the Borough. Design Concept A provides architectural elements that are to be considered by the applicant where structures are set back over 50 feet from the right-of-way or where large parking areas exist between the right-of-way and the building setback line. Design Concepts B and C provide landscape buffer elements to be considered on a site-by-site basis where existing or proposed structures are located closer to the right-of-way. In all cases, the design concepts shall include a four-foot wide red brick paver sidewalk or eight-foot wide bituminous bikeway.
(c)
Sidewalks. Sidewalks within the streetscape area shall be constructed of 3 15/16 inches by 7 7/8 inches by 2 3/8 inches red brick stone pavers manufactured by EP-Henry or equivalent over a one-inch thick sand base over a four-inch thick dense graded aggregate subbase. Curb ramps shall be constructed of charcoal brick stone pavers as manufactured by EP-Henry or equivalent and shall be constructed at all street intersections and driveway intersections.
(d)
Bikeways. Bikeways within the streetscape area shall be eight feet wide bituminous surface course, FABC-1, Mix I-5, two-inch thick over dense graded aggregate, four-inch thick. The County Engineer or Municipal Engineer shall determine location and/or offset from the curbline.
(e)
Streetlights. Period-style lighting shall be cast aluminum lighting fixtures provided by Atlantic City Electric or equivalent. Fixtures shall have Wadsworth-style posts, 12 feet high with Granville-style lights with gold trim. Installation shall be as directed by Atlantic City Electric.[1]
(f)
Benches. Benches shall be eight feet long cast iron, Model Bench 162 as manufactured by DuMor Site Furnishings or equivalent. Color shall be black.
(g)
Bollards. Bollards shall be cast iron aluminum, Wadsworth-style manufactured by Holophane or equivalent. Bollards shall be black in color and shall be constructed with breakaway foundations.
(h)
Signposts. Traffic and street signposts shall be cast aluminum Wadsworth-style as manufactured by Holophane or equivalent. Signposts shall be black in color.
(i)
Litter receptacles. Litter receptacles shall be Steelsites RB Series, Model RB-36 with standard tapered formed lid, 36 gallons, powder coated as manufactured by Victor Stanley, Inc. or equivalent. Litter receptacles shall be black in color.
(j)
Street trees. Street trees shall be 2 1/2 inches caliper, B and B, 12 feet to 14 feet high. Shrubs and bushes shall be a minimum of 18 inches to 24 inches high #2 can. All landscape plants shall be typical full specimens conforming to the American Association of Nurseryman Standards (ANA) for quality and installation. Street trees shall be thornless honey locust, red spire pear or October glory maple.
§ 400-35 Improvements.
Before construction of any building for use or occupancy by any person begins within a finally approved section of a planned unit development, all on-tract and off-tract improvements, including roadways and/or roadway improvements, public water, sewer or storm drainage systems or other needed improvements, the need for which was totally or partially created by the proposed planned unit development, shall be built and completed or their completion prior to such use and occupancy shall have been guaranteed as provided in § 400-37, Municipal development agreement, and § 400-41, Guaranties, of this article and satisfactory agreements entered into for guaranties on a staged basis as development proceeds.
A.
Cost of improvements. The applicant shall bear the cost of all required off-tract improvements which have a rational relationship to the need created by, and benefits conferred upon, the planned unit development.
B.
Off-tract improvements.
(1)
At the time application for general development plan approval for a planned unit development is made and again upon application for site and/or subdivision approval, the applicant shall provide the Planning Board with an estimate of the types and costs of off-tract improvements determined necessary by the Planning Board and the amount by which other properties, including the planned unit development, benefit thereby. Such estimate at the time of application for final approval shall provide detailed supportive data which shall include, but not necessarily be limited to:
(a)
The total cost of improvement.
(b)
The estimated value of the benefit to the applicant.
(c)
The estimated value of the benefits conferred upon others in terms of reasonable likelihood of the use.
(d)
The time when such benefits are likely to be conferred.
(e)
The reasonable, useful life of the off-tract improvements.
(f)
The inflation, or other significant changes, in the cost of construction over the life of the off-tract improvements.
(2)
Such estimate at the time of application for general development plan approval shall be applicant's best estimates for each of the six above factors, together with his basis therefor.
(3)
The Borough Planning Board shall forward the supportive data to the Borough Council for a decision as to which improvements 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. Such data shall be used by the Borough Council in formulating the municipal development agreement pursuant to § 400-37 of this article.
§ 400-36 Open space.
A.
Dedication of open space. The Borough 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 the approval of a planned unit development, that land proposed to be set aside for open space be dedicated or made available to public use. As provided 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 Borough or any other governmental agency as designated by the Borough for the agency then having jurisdiction.
B.
Failure to maintain common open spaces; 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 fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space and a demand that such deficiencies of maintenance be remedied within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Borough may modify the terms of the original notices as to the deficiencies and may give an extension of time, not to exceed an additional 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within 35 days or any permitted extension thereof, the Borough, in order to preserve the taxable values of the properties within the planned unit development 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.
(2)
Before the expiration of said year, the Borough shall, upon its initiative or upon the responsibility 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 planned unit development, to be held by the Borough Council, at which hearing such organization or the residents and owners of the planned unit development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough 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 Borough Council in any such case shall constitute a final administrative decision subject to a judicial review.
(3)
The cost of such maintenance by the Borough 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 Borough Council, 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 planned unit development.
§ 400-37 Municipal development agreement.
The implementation of an approved general development plan shall be guaranteed by a municipal development agreement between the Borough and the applicant which shall set forth all the conditions of approval and the rights and obligations of both parties with respect to the timing, cost, guaranty and responsibility of providing the required on-site and off-site improvements necessary as a result of the development of the approved planned unit development.
§ 400-38 Abandonment of plan prior to approval.
In the event that a plan is given general development plan approval and thereafter, but prior to subdivision or site plan approval, the applicant shall elect to abandon part or all of said plan and shall so notify the Borough Planning Board in writing, or in the event of the applicant shall fail to file application for site plan or subdivision approval within the required period of time pursuant to Chapter 324, Site Plan Review, or Chapter 358, Subdivision of Land, respectively, of the Code of the Borough of Gibbsboro, the general 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 Borough ordinances applicable thereto as they may be amended from time to time.
§ 400-39 Certification of approval.
A.
Within 10 working days after the adoption of the written resolution provided in this chapter, it shall be certified by the Planning Board Secretary and shall be filed in the Planning Board records, and a certified copy shall be mailed to the applicant and to the Camden County Planning Board and to the governing body of any municipality within 200 feet of the proposed planned unit development.
B.
When general development plan approval has been granted, the same shall be noted in the office of the Borough Clerk and in the records of the Planning Board.
§ 400-40 Abandonment of approved plan.
In the event that a plan is given general development plan approval and thereafter the applicant shall abandon said plan and shall so notify the Borough Planning Board in writing, or in the event that the applicant shall fail to obtain preliminary approval on any part of the project within five years from the date general development approval has been granted, then and in that event, such general development plan approval shall terminate and be deemed null and void unless such time period is extended by the Borough Planning Board upon written application by the applicant, and any performance guaranty shall be utilized by the Borough 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 applicant.
§ 400-41 Guaranties.
§ 400-42 Judicial review.
Any decision of the Borough Planning Board granting or denying general 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.
§ 400-43 Building permits.
Subject to the exceptions stated below, no building permit shall be issued within any section of a planned unit development until a plan of the development for that section has been finally approved and the pertinent provisions of the plan have been recorded. "Pertinent provisions" of the plan shall mean those required to be recorded pursuant to N.J.S.A. 40:55D-76 and 40:55D-35 prior to issuance of a permit and such other provisions as the Borough Planning Board requires to be recorded with the final plan under the terms of its preliminary approval of subdivisions and/or site plans.
A.
Improvement permits. After a plan has been given preliminary site plan or subdivision approval, as the case may be, permits for any improvements that are the subject of § 400-35 may be issued.
B.
Model dwelling units.
(1)
After a plan has been given preliminary site plan or subdivision approval, as the case may be, the applicant 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 applicant for review by the Borough Planning Board:
(a)
The number and types of model dwelling units to be constructed.
(b)
The site plan, grading plan, landscape plan, floor plan and elevations of the model dwelling units.
(c)
The utilities plan indicating methods of water supply and sewage disposal.
(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 applicant agrees to demolish and remove the same and to restore the land to its original condition in the event that final site plan or subdivision approval, as the case may be, is denied and that this performance thereunder is guaranteed in accordance with § 400-41 of this article.