[Added 1-25-1988 by Ord. No. 1392; amended 3-11-2002 by Ord. No. 1990-02; 11-14-2005 by Ord. No. 32-2005; 9-22-2008 by Ord. No. 21-2008]
Planned unit developments as defined in this section are not valid or applicable in the R-1, R-1-A or R-2 Districts after September 22, 2008, except, for subdivisions built under the PUD regulations, such PUD regulations still apply.
A.
Intent. It is the intent of this section to make possible, as a planned unit development, a modification of lot density, lot area, lot width and use requirements in R-1 Residence Districts. These provisions are hereby established in order to accomplish the following objectives:
(1)
To encourage the provision, conservation and more efficient use of open space in new residential communities.
(2)
To promote a townwide system, public and private, of parks and open space to link, where appropriate, recreation facilities and neighborhoods in a manner consistent with the Recreation, Conservation and Circulation Plans.
(3)
To encourage a pattern of development which addresses one or more of the following:
(a)
Promoting the best interest of the Township in regard to aesthetic, cultural resource, and ecological considerations and the preservation of natural resources.
(b)
Protecting floodplains, stream valleys and other environmentally sensitive areas.
(c)
Preserving unique or unusual tree masses, gardens, and natural topography.
(4)
To allow for innovation in residential development to meet the demands for a variety of housing types, sizes, designs and forms of ownership.
(5)
To provide a method for developing land for residential and recreational use to allow the grouping or clustering of dwelling units to provide a variety of housing types and to encourage flexible designs enabling the preservation of open space in selected areas while providing other associated benefits.
(6)
To buffer new housing units from high-speed, high-volume roadways and potentially conflicting nonresidential uses.
B.
Minimum tract requirement.
(1)
A minimum area of 20 acres is required for application under the provisions of this section; provided however, that properties which adjoin an approved planned unit development and which contain a minimum of five acres may also be considered for application if the plan for the parcel offers a logical continuation of the existing planned unit development's streets, utilities, open space and overall lot layout.
(2)
For tracts of less than 50 acres:
(a)
Only single-family detached dwellings shall be permitted.
(b)
The lot area shall not be less than 20,000 square feet.
(c)
All other area restrictions and regulations in § 180-10.1E shall apply.
(d)
A minimum of 150 feet shall be provided to any building from any major thoroughfare. This area may be included in computing the 50% open space requirement.
(e)
Areas within rights-of-way and easements for all streets shall not be included in computing the 50% open space requirement.
(f)
Areas within utility easements not granted to the Township of Moorestown shall not be included in computing the 50% open space requirement.
(3)
For all tracts, a four-foot-high berm in a landscape buffer of sufficient width shall be required along a major thoroughfare, designed in accordance with the standards of § 158-26.
C.
Density. An application for a planned unit development may propose a number of dwelling units equal to the total acreage times 1.2 (rounded upward to the next whole number).
D.
Cartway and right-of-way widths. Cartway widths and right-of-way widths in a planned unit development shall be as established by the reviewing agency in light of the type, nature and variety of the housing types proposed in accordance with the intent set forth in this section.
E.
Area restrictions and regulations for single-family detached residences (excluding patio homes).
(1)
The lot area shall not be less than 15,000 square feet. The minimum lot width at the building line shall not be less than 115 feet.
(2)
Not more than 20% of a lot may be occupied by buildings.
(3)
Not more than 50% of a lot may be occupied by total impervious cover.
(4)
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 30 feet in depth, provided that on a corner lot, one of the front yards may be reduced to not less than 25 feet in depth. Front yards for lots fronting on major and minor arterial routes shall be not less than 50 feet in depth.
(5)
There shall be two side yards on every lot, which yards shall be not less than 40 feet in aggregate width and neither of which shall be less than 15 feet in width; provided, however, that on a corner lot, which is subject to Subsection E(3) above, there shall be one side yard of not less than 15 feet in width.
(6)
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth.
(7)
Required utilities. All dwellings shall be served by public sewer and water facilities.
F.
Townhouse restrictions and regulations. The number of townhouse units shall not exceed 25% of the total number of all units proposed (rounded upward to the next whole number). Individual townhouse driveway access shall not be permitted to arterial streets or collector streets.
(1)
Maximum density for townhouse development. No more than six townhouse units per acre of the gross townhouse development area shall be permitted.
(2)
Maximum number of attached units. Townhouse structures shall be limited to no more than six units.
(3)
Distance between buildings. A minimum of 30 feet shall be provided between buildings where the adjacent facades are both end walls. A minimum of 50 feet shall be provided between buildings where one or both of the adjacent facades is a rear or front facade.
(4)
Setback requirements. The minimum setback requirements for structures containing townhouse units shall be as follows:
(a)
Individual fee simple lots:
[2]
Side yard (end unit): 15 feet.
[4]
Boundary of tract: 40 feet.
(b)
Condominium ownership:
[1]
Boundary of tract: 40 feet.
[2]
Internal drives:
[b]
Side (end unit): 15 feet.
[3]
Internal parking:
[b]
Side (end unit): 15 feet.
(5)
Height. Structures shall not exceed 35 feet in height.
(6)
Parking facilities. At least two off-street parking spaces shall be provided for each townhouse or condominium unit. Parking within a garage shall be deemed to satisfy this requirement. However, the Planning Board may require a greater number of off-street parking spaces in light of the nature and layout of the development plan. Common parking facilities, if provided, shall be appropriately screened by either landscaping, wall or earth mounds or combinations thereof.
(7)
Required utilities. All dwellings shall be served by public sewer and water facilities.
G.
Patio home restrictions and regulations.
(1)
The number of patio home units shall not exceed 35% of the total number of all units proposed (rounded upward to the next whole number).
(2)
The lot area shall not be less than 6,000 square feet. The minimum lot width at the building line shall not be less than 60 feet.
(3)
Not more than 50% of a lot may be occupied by buildings.
(4)
Setback requirements:
(a)
There shall be a front yard on each residential street on which the lot abuts, which yard shall be not less than 20 feet in depth; provided, however, that on a corner lot, one of the front yards may be reduced to not less than 15 feet in depth. Front yards for lots fronting on collector streets shall be not less than 25 feet in depth; provided, however, that on a corner lot, one of the front yards may be reduced to not less than 20 feet.
(b)
There shall be two side yards on each lot, which yards shall be not less than four feet in width, and there shall be a minimum width of 12 feet between dwellings.
(c)
There shall be a rear yard on every lot, which yard shall be not less than 10 feet in depth. Notwithstanding other regulations to the contrary, setbacks for patio homes shall be measured from the nearest point of the building foundation. Eave overhangs, chimneys, box windows and other building protrusions extending from the vertical plane of a building foundation shall not be considered in calculating building setbacks. The developer shall be permitted to create lot easements to address building encroachments on contiguous lots and for building maintenance where the wall of a patio home abuts or is in close proximity to a property line.
(5)
Each patio home lot shall contain and provide for at least two off-street parking spaces. Parking within a garage shall be deemed to satisfy this requirement. However, the Planning Board may require a greater number of off-street parking spaces in light of the nature and layout of the development plan.
(6)
The applicant shall submit to the Board at the time of preliminary subdivision application conceptual plans for development design which demonstrate that the streetscape will have an aesthetically pleasing appearance.
(7)
The applicant shall submit to the Board at the time of final subdivision application the proposed driveway location, garage orientation, landscaping and building plans, drawn accurately to scale, including front facade drawings in sufficient detail to demonstrate that the streetscape, after construction, will present a well landscaped and aesthetically pleasing appearance.
(8)
Required utilities. All dwellings shall be served by public sewer and water facilities.
H.
Golf course restrictions and regulations.
(1)
At least 50% of the gross area of the tract included in the planned unit development must be used as a golf course, open space or combination of both.
(2)
All golf courses must contain a minimum of 18 regulation holes, 80% of which must be located within the geographic boundaries of Moorestown Township. Nothing herein shall be construed to require that the clubhouse and related facilities be located within the Township of Moorestown.
(3)
All open space in the golf course shall be restricted against future development by the filing of restrictive covenants and restrictions on the filed plat. Each filed plat shall identify all open space areas and shall contain appropriate language restricting said areas.
(4)
Access to clubhouse facilities shall not be from a residential street.
(5)
The clubhouse and associated golf-related structures shall not be located within 150 feet of any residential lot line.
(6)
The center point of each tee-off area shall be located not less than 75 feet from any residential lot line.
(7)
The center line of each fairway at the first landing area or turning point shall be at least 150 feet from the closest residential lot line.
(8)
The center of each putting green shall be located a minimum radial distance of 150 feet from the closest residential lot line.
(9)
Off-street parking shall be provided in accordance with the requirements for commercial facilities in the Zoning Ordinance if the clubhouse and parking facilities will be located within the geographic boundaries of the Township of Moorestown.
(10)
All non-golf-course-related open space within a planned unit development containing a golf course shall comply with the general open space requirements set forth in Subsection (1) through (6) below, except for the fifty-percent open space criteria in Subsection (1) thereof.
I.
Open space requirements.
(1)
Minimum open space. At least 50% of the tract shall be designated by the applicant as an open space area for either public use, for use by all the residents of the proposed development or a combination of the foregoing. Such open space shall be appropriate and in suitable condition for such uses as the following: active recreation, woodland conservation area, floodplains and other scenic or special features and open spaces of such a nature as to contribute to neighborhood attractiveness and environmental protection and which further the objectives of this section. Detention basin areas may be included in computing the 50% open space requirement.
(2)
Public dedication of open space, referral to Township Council. The developer of a planned unit development may offer to dedicate the proposed open space areas to the Township. The Planning Board shall forward a copy of the plan and application for a development proposing public dedication of open space to the Township Council for a review and report as to the advisability of Township acceptance of dedication of the open space. The referral to the Council shall be made at the time of preliminary subdivision and site plan review. The Township Council report shall be delivered prior to any final Planning Board approval of the development or a portion thereof. The Planning Board may act without the report of the Council should it be necessary due to statutory time limits for application review.
(3)
Active open space limitations.
(a)
The proportions of active and passive recreation facilities provided within a planned unit development, whether public or private, shall be as reasonably determined by the Planning Board in light of the nature, layout and design of the development plan. Active open space must be located at least 100 feet from the nearest lot line of a residential lot and must be provided with a significant landscaping treatment in order to provide buffering between the active recreation use and the nearest residential lot. The Planning Board may reduce the required depth of buffering to not less than 50 feet, in consideration of existing features which reasonably substitute for the required distance, and the Planning Board may waive landscape treatment requirements if existing vegetation meets the objectives of this section.
(b)
Recreation facilities shall be reasonably accessible to the residents of the subdivision and located in the area which will not be detrimental to adjacent properties or residents by virtue of noise, light and glare. Improvements to open space areas shall be completed within two years of the issuance of the first building permit. A performance guaranty in accordance with the requirements of the Land Subdivision and Development Ordinance must be submitted to guarantee the work.
(c)
The foregoing requirements shall not apply to golf course open space in planned unit developments which are specially regulated pursuant to Subsection H above.
(4)
Homeowners association. The developer shall provide for an organization for the ownership and maintenance of the common open space as required by N.J.S.A. 40:55D-43a. Such organization shall be established prior to final approval being granted, unless the common open space included in the plan is dedicated to and accepted by the Township or other agency approved by the Township.
(5)
Open space design. The design, location and use of proposed open space areas must seek, to the greatest extent possible, to meet the objectives included in the statement of intent above and the following criteria:
(a)
Separate parcels of open space must be interconnected and well planned in relation to housing facilities.
(b)
Open space must be accessible to all housing units. Pedestrian links shall be provided where excessively long blocks require a circuitous route to the open space or would require an individual to utilize main thoroughfares for access.
(6)
Open space development restrictions. All open space shall be essentially unimproved and shall be restricted against future development, except for improvements that are designed to be incidental to the natural openness of the land, by the filing of restrictive covenants and restrictions on the filed plat.
(7)
Special regulations pertaining to golf courses. An application for a planned unit development proposing construction of a golf course shall be deemed to meet all open space requirements of this section if it complies with the provisions of Subsection H above.
J.
Findings prior to preliminary planned unit development approval. Prior to preliminary planned unit development approval, the Planning Board shall find the following:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards, pursuant to N.J.S.A. 40:55D-65c.
(2)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(3)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(6)
That the proposed planned development meets the intent and objectives of a planned unit development set forth in Subsection A hereof.
K.
Procedures.
(1)
An application for a planned unit development shall include an application for preliminary subdivision approval for the entire development.
(2)
Development of proposed public improvements can proceed only after approval of an application for preliminary approval of a major subdivision and preliminary approval of a site plan. Specific sites shall not be developed until the final subdivision plans have been approved and filed and final site plans have been approved.[1]