Hamburg City Zoning Code
ARTICLE IX
PR Planned Residential Zone Regulations
§ 215-39 Principal permitted uses.
[Amended10-7-2024 by Ord. No. 15-2024]
This zone is designed for single-family attached, single-family detached and multifamily residence uses in a planned, integrated, balanced development in accordance with the requirements hereinafter set forth:
§ 215-40 (Reserved) [1]
[1]
Editor's Note: Former § 215-40, Other permitted uses, as amended, was repealed 10-7-2024 by Ord. No. 15-2024.
§ 215-41 Conditional uses.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article XXV: public utility uses.
§ 215-42 Accessory uses.
Accessory uses customarily incident to the above uses shall be permitted, provided that they do not include any activity commonly conducted for profit. Accessory uses specifically permitted are:
§ 215-43 Dimensional requirements.
[Amended 8-5-1985; 2-18-1986; 5-5-1986; 3-6-1989; 5-7-2001; 10-7-2024 by Ord. No. 15-2024]
The following general development standards shall be met in the PR Planned Residential Development Zone:
A.
Minimum tract area for open space shall be 25%.
B.
All public utilities shall be installed in accordance with the standards of Chapter 186, Subdivision of Land.
C.
Maximum building coverage: 25% of the total area of the tract.
D.
Minimum distance between multifamily building and other multifamily building or detached dwelling unit: 50 feet, as measured to the closest point.
E.
The design layout of buildings shall provide, where possible, that the front of one building does not face the back of another building or accessory building.
F.
Minimum distance of buildings from interior street or driveway: 30 feet.
G.
Minimum distance of building from any on-site parking lot, garage or other accessory building: 20 feet.
H.
Buildings shall not exceed two stories or 35 feet in height, whichever is lesser. Height shall be measured from ground level or finished grade to the highest point on the roof line.
I.
Means of traffic ingress and egress shall comply with the standards for access to a major subdivision.
J.
Points of ingress and egress shall not be located within 100 feet of an existing intersection.
K.
Interior streets, roads, sidewalks and driveways shall comply with the improvement and design standards established in Chapter 186, Subdivision of Land, and amendments thereto.
L.
All interior streets, roads and driveways shall contain curbs, gutters and sidewalks.
M.
Pedestrian sidewalks shall also be provided in other suitable locations wherever normal pedestrian traffic will occur, and in order to handle the pedestrian traffic which the development will create.
N.
Buildings may be owned either in the conventional manner or as a condominium, provided, however, that said two types of ownership shall not coexist in any tract.
O.
Townhouses and garden apartment units shall be permitted in the same building with each other.
P.
The maximum overall tract density shall not exceed six dwelling units per acre.
Q.
In any planned residential development, no one housing type, townhouses, garden apartments or single-family detached dwellings, shall exceed 70% of the housing units contemplated.
§ 215-44 Minimum standards for townhouses.
[Amended 8-5-1985; 5-5-1986]
The following minimum standards for townhouses shall be met in the PR Planned Residential Development Zone where structures are exclusively used for townhouses:
A.
No townhouse cluster shall contain more than six dwelling units, nor exceed 135 feet in length. Each townhouse unit shall have at least two entrances. Common entrances are prohibited.
B.
Each townhouse shall have two exterior exposures which are nonadjacent with at least three windows and one door in each such exposure. No area of any townhouse unit may be above or below any portion of any other adjacent townhouse unit.
C.
Each townhouse shall have private yards, contiguous to both exterior exposures. Each yard shall have a minimum width equal to the width of the townhouse along the exposure the yard adjoins, and a minimum depth of 20 feet, measured perpendicular to such exposure.
D.
Townhouse rear yards may be fenced, provided, however, that such fencing shall not exceed three feet in height.
E.
Front yard of tract to building setback: 50 feet.
F.
Two side yards of tract to principal building setback: 50 feet each.
G.
Rear yard of tract to principal building setback: 50 feet.
H.
Each townhouse shall contain a minimum floor area of 800 square feet.
§ 215-45 Minimum standards for garden apartments.
[Amended 5-5-1986]
The following minimum standards for garden apartments, and townhouses in combination with garden apartments, shall be met in the PR Planned Residential Development Zone:
A.
No apartment building shall contain more than 10 dwelling units nor exceed 80 feet in length.
B.
Coin-operated laundry washing and drying machines may be located in the basement of each apartment building for the sole use of the occupants of the building.
C.
Front yard of tract to building setback: 50 feet.
D.
Two side yards of tract to principal building setback: 50 feet each.
E.
Rear yard of tract to principal building setback: 50 feet.
F.
Each garden apartment unit shall contain a minimum floor area of 600 square feet and each townhouse unit shall contain a minimum of 800 square feet.
G.
Not more than two apartments shall be served by a common entrance, nor shall any townhouse be served by a common entrance.
§ 215-46 Minimum standards for single-family detached dwellings.
The following minimum standards for single-family detached dwellings shall be met in the PR Planned Residential Development Zone:
A.
Each lot shall have a minimum area of 5,000 square feet and each tract of land shall be a minimum of five acres.
[Amended 5-7-2001]
B.
Each lot shall have a minimum of 50 feet of road frontage on a single road.
C.
Each lot shall have a minimum depth of 100 feet.
D.
Each lot shall have two side yards, a minimum of 10 feet each.
E.
Each lot shall have a minimum front yard of 40 feet.
F.
Each lot shall have a minimum rear yard of 30 feet.
G.
Each single-family detached dwelling shall contain a minimum floor area of 800 square feet.
H.
The principal structure shall cover a maximum of 25% of the total lot area.
I.
Usual and customary accessory structures may be constructed in the side and rear yard areas of a lot, provided they are not located within five feet of a lot boundary.
§ 215-47 Off-street parking area requirements.
The following off-street parking area requirements shall be met in the PR Planned Residential Development Zone:
A.
If it can be clearly demonstrated that, because of the peculiar nature of any use, all the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area to be paved, provided, however, that the entire parking area shall be shown on the plans submitted so that it will be available in the event future conditions should so require.
B.
All off-street parking areas shall be constructed in accordance with the following specifications:
(1)
Base material: minimum four inches of soil aggregate, type 5, Class "A."
(2)
Bituminous stabilized base course: I.2, four inches thick, as per the New Jersey Department of Transportation Specifications.
(3)
Surface material: F.A.-B.C. 1, two inches thick as per the New Jersey Department of Transportation specifications.
C.
All parking areas shall be graded and equipped with adequate drainage facilities as approved by the Planning Board.
D.
All parking spaces shall be appropriately marked with painted lines.
E.
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward away from adjoining street or property.
F.
All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement.
G.
No sign other than "entrance," "exit," or "conditions of use" shall be maintained.
H.
All parking areas shall be designated with service aisles to meet the following standards:
(1)
Parallel parking: twelve-foot aisle width.
(2)
Thirty-degree-angle parking: twelve-foot aisle width.
(3)
Forty-five-degree angle parking: thirteen-foot aisle width.
(4)
Sixty-degree-angle parking: eighteen-foot aisle width.
(5)
Ninety-degree-angle parking: twenty-four-foot aisle width.
(6)
In addition, there shall be a minimum distance between parallel parking spaces of six feet where found necessary to provide for convenient access.
I.
There shall be provided the number of off-street parking spaces required by the specific use in accordance with the following schedule:
Use | Required Parking Spaces | |
|---|---|---|
Single-family detached dwellings | 2 for each dwelling unit | |
Townhouses | 2 for each dwelling unit | |
Garden apartments | 1 1/2 for each dwelling unit |
J.
Townhouse and garden apartment parking areas shall generally be located in the side or rear yards, at least 50 feet from any property line of the tract or any single-family detached dwelling. However, the front yard of any such tract may be used for parking, provided that not more than 1/2 of the total number of parking spaces for the tract are located in the front yard, and provided further that in no event shall more than 1/2 of the area of the front yard be used for parking, driveways and turning areas.
K.
Parking spaces may be open, underground, or in separate garages or carports.
L.
Each parking space shall be a minimum of nine feet by 18 feet in size, and parking spaces in parking lots shall be so located that a standard sized automobile may be parked without moving other parked vehicles.
M.
Parking areas shall not contain direct access to streets, but shall be provided with access drives which shall be maintained free of parked vehicles.
§ 215-48 Retention of arable soil (topsoil).
Arable soil shall not be removed from the tract during construction, but shall be stored and redistributed on the site. Arable soil shall be regraded on site to a minimum depth of six inches. Such areas shall be stabilized by seeding or planting in accordance with the approved landscaping plan.
§ 215-49 Architectural harmony.
Each structure within the development shall have a compatible architectural theme with the variations and designs to provide an 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 roof lines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facade, singularly or in combination for each dwelling unit.
§ 215-50 Open space requirements.
A.
Areas considered open space. Open space in satisfaction of § 215-43A of this chapter shall consist of vacant ground and lands improved and having structures situated thereon as previously approved by the Board, which lands and buildings shall be available for parks, or other recreational uses acceptable to the Planning Board, pursuant to § 215-52, and in harmony with the uses of adjacent and nearby properties.
B.
Not more than 50% of any water areas such as lakes, ponds, streams, swamps, or brooks shall be recognized in this computation, to assure compliance with the requirements for usable open space for all purposes and pursuits. In determining the area of any of the aforesaid water area, floodplains and areas where the seasonal high water table reaches zero feet shall be deemed to be included in such water area.
C.
Areas not considered as open space. Open space land in satisfaction of § 215-43A of this chapter shall not include yard areas, land area within the right-of-way of public or private streets, and land area between walkways, sidewalks and buildings wherein the principal use of said land is to provide for pedestrian traffic to and from buildings.
§ 215-51 Location of open space.
Open space areas in a planned residential development shall be located in accordance with the following standards:
A.
Streams and their floodplains, natural wetland areas with slopes in excess of 15% and any other environmentally sensitive areas in the tract shall be included in open space areas.
B.
Any unique or unusually attractive feature of terrain or vegetation such as scenic overlooks, level open areas suitable for playing fields, stands of large trees, or areas of particular value as wildlife habitat, shall be included in open space.
D.
No individual area devoted to open space shall be less than one acre in area or less than 50 feet in width at its narrowest point.
§ 215-52 Maintenance and use of open space areas.
A.
Natural areas. A minimum of 20% of the open space in a planned residential development shall be designated and maintained as a natural area.
(1)
Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
(2)
Clearing of obstructions or jams from streams or waterways shall be required where necessary to insure unimpeded flow, provided, however, that no channelization shall be permitted.
(3)
Hiking or bicycling trails and bridle paths may be constructed and maintained.
(4)
Tree stands and blinds may be constructed and maintained.
(5)
Chemical agents may be used to control weed growth or algae bloom, or for fish management in lakes and ponds.
(6)
Natural areas shall otherwise be maintained, undisturbed in their natural state. No garbage or debris shall be permitted to accumulate except that leaves, grass and shrub clippings may be deposited in properly located and maintained compost heaps.
B.
Use of natural areas shall be restricted to hunting, fishing, bird watching, hiking, cycling and boating.
C.
No chemically powered engines shall be used in a natural area, except for the performance of functions designated in Subsection A hereof.
D.
Active recreation areas. A minimum of 50% of the open space in a planned residential development shall be improved and maintained as an active recreation area.
E.
Use of active recreation areas shall be limited to athletic fields and courts, golf courses, equipped playgrounds, swimming beaches and pools, picnic tables, fireplaces, boat docks or boathouses and the like.
F.
An area devoted to active recreation shall not be located within 100 feet of the tract boundary.
G.
Active recreation areas shall be planted and landscaped so as to provide proper ground cover and neat appearance and such plantings shall be maintained and trimmed so as to continue to provide proper ground cover, and free use of the area for its intended purposes. No areas of bare dirt shall be permitted except for properly maintained basepaths or infields on a baseball field, clay tennis courts, sand bathing beaches or the like.
H.
All playing surfaces, fences and other improvements or equipment in active recreation areas shall be maintained in good repair.
§ 215-53 Special requirements.
Every structure or group of structures and uses, and every designed plot area or cluster unit having services, facilities or utilities, in common, private usage and in common ownership or control by its occupants, or which functions as an independent corporate property owner, or agent of management, shall be located upon and within a lot or plot of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management, as may be established by ownership in full or partial fee or lease under deed covenant, lease contract or such other conditions of usage or occupancy legally established and recorded therefor; and a description or plan of each such lot or plot shall be filed separately or as part of the descriptive maps of a PR residential development with the Municipal Tax Assessor.
§ 215-54 Other standards and conditions of general applicability.
In any approved development, as provided for in this article, the following standards shall apply in addition to all other standards contained in this chapter. In cases of conflict, provision of this section shall apply.
A.
Water and sewer services. Water and sewer services shall be constructed in accordance with applicable regulations of the Public Utilities Commission and in accordance with all state, county and municipal regulations. In the event of conflict between the various codes and requirements of said entities, the more restrictive regulation shall govern.
(1)
Central sewage disposal plant. Sewage disposal shall be by means of a central sewage disposal plant. Such disposal plant shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and county and municipal board of health requirements, if any. Such disposal plant shall be constructed in accordance with the requirements of the Department of Environmental Protection, Department of Health, the County Sewer Authority, and the Board of Health of the Borough and shall be subject to their regulation and approval.
(2)
Central water system. Potable water shall be provided by means of a central water system. Such water system shall be in accordance with the requirements of the Department of Environmental Protection of the State of New Jersey and county and municipal board of health requirements, if any. Such central water systems shall be constructed in accordance with the requirements of the Department of Environmental Protection, Department of Health, County Sewer Authority, and of the Board of Health of the Borough and shall be subject to their regulations and approval.
(3)
Approval of water and sewage systems. The proposed water and sewer system shall be approved by the Borough Board of Health before any building permit shall be issued, notwithstanding approval of any other agency, whether state or county, unless the Board of Health of the Borough shall certify that the approval of such other approving agency is sufficient in its opinion that no further approval by the municipal board is required.
(4)
The developer shall not be required to construct a central sewage disposal plant or central water system where tie-in with an existing municipal or regional system is available for the development.
(5)
Fire hydrants. Fire hydrants shall be provided in such a manner so that no apartment building or townhouse cluster is further than 60 feet from a hydrant from its furthest point and fire hydrants shall be provided in such a manner as to provide protection in accordance with generally recognized standards in conjunction with all other structures. Said fire hydrants shall be serviced by a system to be determined in accordance with recommendations of the Municipal Engineer, said system at least meeting the minimum requirements of the fire underwriters for fire protection, for the type of construction anticipated; taking into consideration location of various structures, topography and general layout and design. The recommendations of the Municipal Engineer shall be made to the Planning Board.
B.
Streets and blocks. Streets and blocks within the PR development shall conform to the provisions of Chapter 186, Subdivision of Land, and any amendments thereto.
C.
Landscaping and screening.
(1)
All PR development shall be provided with liberal and functional landscaping schemes. Roads and pedestrian walks shall be provided with shade trees which are of minimum size, designated in DBH, and character as designed by the Borough. Open space adjacent to buildings, malls between buildings to be utilized by residents, border strips along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or trees and shrubs. Areas not used for buildings, terraces, drives and parking spaces shall be seeded and landscaped, and shall be maintained in a stable and well-kept condition. Screening or buffers consisting of planting strips and fences shall be required around any other similar area, along property lines, between different designated uses and around all parking areas in order to provide for shielding from unsightly, disturbing or light-glaring areas. Clothes-drying areas shall not be permitted out-of-doors. Refuse disposal areas shall be completely enclosed.
(2)
The developer shall furnish, along with the plans and specifications required under this chapter, landscaping plans drawn by a recognized landscaper, which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances as well as the plantings and other landscaping intended.
D.
Refuse disposal. Sufficient refuse pickup areas shall be provided and shall be located for the occupants' convenience.
E.
Outside lighting. Adequate lighting shall be provided to minimize hazards to pedestrians and motor vehicles along interior streets, roads, and driveways, in parking areas, near exterior and interior entrances, and along pedestrian walks.
§ 215-55 Property owners'/homeowners' association.
Where open space is not dedicated to the Borough or other government entity, the applicant shall dedicate such area for the uses hereinbefore set forth, and shall establish a property owners'/homeowners' association which shall consist of all owners of lots in the planned residential development and shall own and maintain the open space areas. The applicant shall submit, as a part of his/her subdivision application, a copy of such association's agreement or charter, including, but not limited to, the following information:
A.
Scheme for creation of the organization.
B.
When said organization will assume responsibility.
C.
The duties of the organization.
D.
The method by which the organization will be funded.
E.
Provisions for enforcement of the discharge of duties by the organization.
F.
Method by which open space shall be maintained in perpetuity.
§ 215-56 Offer to dedicate open space to Borough.
The property owners'/homeowners' association shall not be dissolved or dispose of any open space areas without first offering to dedicate it to the Borough.
§ 215-57 Failure to maintain open space areas.
If the property owners'/homeowners' association fails to maintain the open space areas in accordance with the provisions of this chapter, the Borough may take over such maintenance under the following procedure:
A.
The Zoning Officer shall serve the written notice upon all the property owners in the planned residential development specifying all maintenance violations. The notice shall set a time, date and place for a hearing before him/her on said violations which hearing shall be held not more than 15 days after the date of service.
B.
At the hearing, the property owners shall have the right to contest the existence of maintenance violations, and to show good cause why the time period to cure violations should be extended. Within 10 days of any such hearing, the Zoning Officer shall give to the owners his/her written findings on any such contentions and showings which may have been advanced.
C.
The property owners'/homeowners' association shall have a time period of 35 days after receipt of notice to cure all maintenance violations. The Zoning Officer may, for good cause shown, grant a reasonable extension of the time period, not to exceed a total of 65 days.
D.
If the property owners have not cured all violations within the specified time period, the municipality shall take over maintenance of the open space areas. The maintenance costs shall be assessed pro rata on the basis of assessed valuation against all lots in the planned residential development. This assessment shall become a lien and tax on them and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
E.
One year after municipal takeover, and each succeeding year thereafter, the property owners shall have the right to a hearing where they may show cause why the property owners'/homeowners' association should be permitted to resume maintenance of the open space areas. The Zoning Officer shall serve written notice upon all the property owners in the planned residential development at least 15 days prior, which notice shall state the time, date, place and purpose of such hearing.
§ 215-58 Provisions for application and approval.
A.
The applicant shall submit the application and other required plans and materials as though the application were for a major subdivision under the provisions of ordinances of the Borough and amendments thereto.
B.
In addition to the requirements of Subsection A hereof, the application, plans and materials shall set forth the following:
(1)
The density and land use to be allocated to the various parts of the site to be developed.
(2)
The use or uses of land and buildings and the height, dimensions, elevation, and location of the buildings and other structures.
(3)
The location, area and dimensions of individual dwelling units within each building.
(4)
The location, area and dimension of private yards for townhouses.
(5)
Distances between buildings and distances between buildings and rights-of-way, drives, parking areas or property lines.
(6)
The provisions for off-street parking including location of ingress and egress, the size and location of driveways, access aisles, parking spaces, pedestrian paths and lighting.
(7)
Location of all areas on the subject property where the seasonal high water table reaches zero feet.
(8)
Landscaping plans in compliance with this chapter.
C.
The Planning Board shall review the application, together with the other required plans and materials, as hereinabove set forth, as though the application were for a major subdivision, holding a public hearing, ascertaining whether or not the applicant has complied with the provisions and requirements of this chapter, and the applicable provisions and requirements of Chapter 186, Subdivision of Land, and amendments thereto, and issuing preliminary and final approvals upon proof of compliance with said provisions and requirements.
§ 215-59 Limitation on maximum number of dwelling units per approval.
Preliminary approval may be granted on the complete proposed planned residential development. However, final approvals shall be stayed. The maximum number of dwelling units granted final approval in the first section shall be limited to 150 dwelling units. Thereafter, application for final approval of additional sections, not excluding 100 dwelling units, may be submitted upon filing of proof with the Planning Board that 75% of the dwelling units in each previous section granted final approval are rented or sold.
§ 215-60 Filing and fees.
Ten copies of the proposed planned residential development project shall be submitted, at least three weeks prior to the regular meeting of the Planning Board, to the Secretary of the Planning Board, and shall be accompanied by three application forms, available from the Borough Clerk, and a filing fee, as determined below, shall accompany such application: $10 for each 10,000 square feet of lot area, or part thereof, plus $1 for each 100 square feet of building floor area or part thereof.