Mount Holly City Zoning Code
ARTICLE XVII
PAS - Apartment/Townhouse/Senior Citizen Housing District
§ 149-99 Purpose.
The PAS District is created to provide for a mixed residential option zone within the Township of Mount Holly. Within the district, the developer of land will be able, upon the approval of an appropriate application, to develop his land with a variety of housing types, including apartments and townhouses. The standards for development set forth below are designed to encourage imaginative, flexible, and innovative design approaches to the use of land. Within the district, the developer is encouraged to utilize a variety of land use approaches, including standard height and multistory structures to create a unique visual environment consistent with land development patterns in the area effected. All developments within the district shall employ techniques designed to maximize the use of site scheduled for development by senior citizens. The provisions of this article of this chapter shall be interpreted to carry out the purposes set forth above.
§ 149-100 Specific definitions.
Unless the contest clearly otherwise provides, the terms, provisions and words used within this article shall be defined and have the meanings given to them under the provisions of N.J.S.A. 40:55D-1 et seq., except that "apartment house," "dwelling unit" and "townhouse" shall be as defined in § 149-1.
§ 149-101 Permitted and accessory uses.
A.
B.
Accessory uses. The following accessory uses and no others shall be permitted:
(1)
Private garage or off-street parking facility or area.
(2)
Recreational use or facility, such as an in-ground swimming area, tennis and sports facility or play area designed to serve the residents of the apartment/townhouse development.
(3)
Bus shelter, telephone booth, privacy fence or any small trash receptacle enclosure provided in conjunction with an apartment/townhouse development.
§ 149-102 Signs.
Within a PAS District the following signs and no others shall be permitted:
A.
One house identification sign for each townhouse unit constructed, located on the same lot upon which the townhouse is located, either attached to the unit or freestanding, not exceeding two square feet in total sign area.
B.
One apartment house identification sign affixed to the facade of the apartment house, not exceeding 75 square feet in total sign area.
C.
One freestanding apartment house identification sign located on the same lot as an apartment house, no higher than 25 feet in height and containing no more than 75 square feet in total sign area.
D.
Such directional signs as are approved by the reviewing Board for traffic safety.
E.
Such temporary development identification signs as are approved by the reviewing Board to advertise the development, provided that all such signs shall be removed once 90% of the available units have been built and initially occupied.
§ 149-103 Prohibited uses.
All uses not specifically authorized above shall be deemed prohibited within the PAS District.
§ 149-104 Area and height regulations.
For any building or group of buildings on a lot, the following area and height regulations shall apply:
A.
Lot area and lot width.
(1)
Minimum area requirement. The total area of a tract developed under the terms of this section of this article shall not be less than four acres, and the tract width at the building line shall not be less than 300 feet.
(2)
Lot area for townhouse units. The total lot area for each townhouse unit shall be no less than 2,000 square feet in area.
(3)
Lot area for apartment houses. The total lot area for an apartment house shall be no less than the combined total of the following:
B.
Building coverage and minimum living area. Not more than 20% of the tract may be occupied by buildings, except that where all structures are three stories or less, 25% of the tract may be occupied by buildings. The minimum living area requirements per dwelling unit are as follows:
(1)
Four hundred twenty-five square feet for each efficiency or no bedroom dwelling unit.
(2)
Six hundred twenty square feet for each one bedroom dwelling unit.
(3)
Eight hundred square feet for each two bedroom dwelling unit.
(4)
One thousand one hundred square feet for each three bedroom dwelling unit.
C.
Building placement.
(1)
General setback requirement. No building or permanent structure, other than a permitted sign, bus shelter or telephone booth, shall be erected within 20 feet of a proposed right-of-way line and 40 feet of an existing right-of-way.
(2)
Front yard setback. The fronts of all buildings shall be set back at least 20 feet from proposed right-of-way lines.
(3)
Rear yard setbacks. The rear of all buildings shall be set back at least 25 feet from the rear property line of the lot upon which it is located.
(4)
Side yard setbacks. A minimum ten-foot side yard on each side of all buildings constructed shall be provided.
(5)
Minimum distance between buildings. A minimum distance of 30 feet shall be provided between all buildings constructed on the tract. Open space areas may be provided to accommodate the extra space.
(6)
Minimum buffer area. A minimum buffer area, 25 feet in width, shall be provided along all tract property lines. The area shall be planted with appropriate buffer plantings as approved by the reviewing Board.
(7)
Modification. A reviewing Board is authorized to modify the application of the above standards without the need for a variance, provided that the applicant demonstrates that at least 90% of the units constructed comply with the above provisions and that such a modification will not adversely effect the spatial relationship sought to be created by the above standards.
D.
Height. No building shall exceed six stories or 80 feet in height, subject also to the provisions of Article XXVII. For any building which is more than 35 feet in height, the setback requirement shall equal the maximum height of the building. Buildings greater than 35 feet in height shall be located on the site so as not to create an adverse visual impact, promote pedestrian and vehicular movement on site and decrease site angles from adjacent streets.
§ 149-105 Approval procedures.
A.
Generally. All applicants seeking approval for a development within the district are required to obtain preliminary and final subdivision and/or site plan approval for the proposal. Generally, all applications for such approval shall be submitted, processed and reviewed in accordance with the provisions elsewhere contained within this chapter for such approvals. In addition, all applicants seeking approval under this section shall comply with the provisions of this section. In the event of a conflict between the provisions of this section and other provisions of this chapter, the more restrictive provision shall control.
B.
Application requirements.
(1)
Application forms. All applications for development approval shall be submitted on forms approved by the reviewing Board for the type of relief requested by the applicant. The application form shall be accompanied by the appropriate application fee and escrow fee required by other provisions of this chapter and by such other documentation as is needed to provide the information required under Subsection B(2) below. No application shall be deemed complete for review purposes unless and until the application form, fees and information required below is submitted.
(2)
Information required. The application form shall be accompanied by plans or other documentation which will provide the following information:
(a)
A map to scale showing the location, boundaries, dimensions and ownership of the area to be included in the proposed development.
(b)
A statement outlining the uses to be included and the general program of development proposed.
(c)
A plan showing the land areas to be allocated to major uses or groupings of uses, access to public streets, buffer provisions and such other information which shows the applicant's concept of the general layout of the entire area proposed to be developed and its relationship to surrounding areas even though the project may be developed in stages.
(d)
The location, use, design, dimensions and height of each proposed building or structure and the area of the tract devoted to buildings.
(e)
The design, location and character of the buffer areas, fences and screening devices to be maintained, including the dimensions of all areas devoted to planting lawns, trees or other landscaping devices.
(f)
The provisions made for water supply, drainage, sewage, disposal, exterior lighting and other utilities.
(g)
The provisions made for exterior signs.
(h)
The provisions made for the cleanliness and maintenance of the common areas, including all parking, landscaped and buffer areas; refuse disposal; traffic control; and police protection, and a statement defining the responsibility of the owner, manager or other responsible party with respect to maintenance of the premise and refuse disposal.
(i)
Sufficient data in all instances to enable the reviewing Board to:
[1]
Judge the effectiveness of the design and character of the entire tract or district.
[2]
Consider properly such things as the relationship of the proposed development or use to surrounding areas, anticipated traffic, potential hazards, public health, safety and the general welfare.
[3]
Determine that the proposed plan and use complies with the requirements of this article.
(j)
In any case where a project is to be developed in stages, the applicant, under the provisions of this section, may provide less detailed plans or sketches than otherwise required for the area or portions of the area not contained within the stage being considered by the Planning Board for approval. As the project is developed, the applicant shall present a plan sufficient in detail to comply with the requirements of § 149-73 et seq. and/or § 149-187 et seq. for the stage for which approval is being sought, and said plan or plans shall be submitted and processed by the reviewing Board in accordance with the procedure established for an original application.
(k)
A certification that all real estate taxes for the tract of land for which development approval is sought are paid.
(l)
A landscaping plan.
(m)
A soil erosion and sediment control plan.
(n)
A grading plan with elevations adequate to describe contours of the tract.
(o)
Plan profiles.
(p)
Plan cross sections and details.
(q)
A lighting plan.
(r)
A recreation plan.
(s)
Proposed deed restrictions to be used for the development.
(t)
Provisions outlining the nature of the ownership devices which will be employed to dispose of open area and other lands not proposed to be sold to the general public.
(u)
The applicant may propose to construct the development in phases. If proposed, a plan outlining the suggested phases to be employed shall be submitted with applicant's preliminary site plan. The plan shall discuss the nature and timing of such construction, including the nature of improvements to be constructed in each phase. All phasing plans shall be approved by the Planning Board prior to their use by the applicant to provide a logical and appropriate sequence of development, including on-tract and off-tract improvements.
(v)
A plan indicating the location and dimensions of sidewalks or walkways devoted to pedestrian use.
C.
Board action. Upon the receipt of a complete application, the reviewing Board shall proceed to hear and decide the application submitted in accordance with the procedures outlined elsewhere in this Part 3. If the reviewing Board determines that the application complies with the requirements of §§ 149-101 through 149-104 above and generally conforms with the requirements of § 149-106 below, the applicant's application shall be granted with such conditions which the reviewing Board deems appropriate to impose to ensure that the tract will be developed in accordance with the provisions of this section of this chapter and all other regulations appropriate for consideration by the reviewing Board in its consideration of the matter. Otherwise, approval to the development application should be denied.
§ 149-106 Special design and development standards.
In addition to the requirements contained elsewhere within this Part 3 of which this is a part, applicants under this section shall demonstrate compliance with the following standards:
A.
Common scheme. The proposed development shall be designed as or as part of a single architectural scheme.
B.
Single ownership. That portion of the tract which is devoted to an apartment house use shall be owned and operated as a single or common management and maintenance unit. The reviewing Board shall have the right to modify the provisions of this subsection where the purposes sought to be achieved are met with an acceptable alternate arrangement. The standard to be utilized by the reviewing Board in determining whether an alternate arrangement is acceptable is whether or not all users of the particular development can be provided proper maintenance and management service. This provision shall not apply to townhouse use.
C.
Setback and alignment variations. In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be provided; desirable variations in such things as the facade, construction and rooflines of apartment buildings and single-family attached units or townhouses may be required by the Township to achieve the purposes set forth in § 149-99 and this subsection. In determining proper variations and arrangements, the Township and the developer shall utilize the following standards:
(1)
For the purpose of this article, the term "building" shall be defined as a structure designed for one or more dwelling units, unattached or attached to another structure.
(2)
Townhouses may be attached.
(3)
No townhouse building shall have more than eight dwelling units arranged side-by-side.
(4)
No building more than three stories in height shall be attached to another building.
(5)
Buildings shall be designed with visible offset or setback or with variations in building alignment and orientation.
(6)
The maximum combined length of the walls of any group of townhouses which may extend along any one frontage or which may face in the same general direction shall be 160 linear feet. The maximum combined length of the walls for any group of apartment houses which may extend along any one frontage or which may face in the same general direction shall be 260 linear feet.
(7)
The minimum distance at the closest point between any two adjacent buildings shall be 30 feet regardless of arrangement.
(8)
Setback distance. The unit heights and structural facades shall be varied for aesthetic appeal. Front and rear yard setbacks may be modified up to 2.5 feet in either direction to help create a staggered effect.
D.
Street standards.
(1)
All streets and driveways shall be built according to applicable Township and county standards and specifications, and all internal streets to be maintained privately shall have a minimum cartway of 30 feet.
(2)
Additional width as recommended by the Township Engineer shall be provided in any case where parking is to be permitted on any such street.
E.
Curbs and sidewalks. Standard concrete curbs of six inches by eight inches by 18 inches shall be provided within the development. With the approval of the reviewing Board, dropped curbs may be employed. A concrete sidewalk with a minimum width of four feet on both sides of all streets shall be provided.
F.
Shade trees. Shade trees shall be provided on both sides of all streets at a distance of 30 feet apart. The trees shall be 2.5 inches in caliper and shall be set six feet from the inside of the sidewalk. The type of trees and method of installation shall be approved by the Township Engineer.
G.
Off-street parking. A minimum of one off-street parking space shall be provided for each dwelling unit unless a greater or lesser need is generated by the development on application review. No parking lot, however, shall be located within 40 feet of a public right of way or within 25 feet of a side or rear property line. All areas used for the storage of refuse containers, maintenance equipment or similar service facilities shall be adequately screened. If garages are constructed, the minimum parking area within each garage for one motor vehicle shall be 10 feet by 20 feet.
H.
Utilities. Each dwelling unit shall be provided with public water supply and sewage disposal at the time of development, and all utilities shall be supplied by underground installation.
I.
Townhouse width. No townhouse or townhouse-type dwelling unit shall have a width less than 20 feet.
J.
Streets. All streets shall be designed in a manner conducive to safe entrance and exit.
K.
Senior citizen use. At least 30% of all units constructed within the development under this Part 3 shall be developed exclusively for either senior citizen or handicapped housing for senior citizens which shall be occupied by at least one individual who is at least 55 years of age.
L.
Homeowners' association. If an applicant proposes that a certain portion of the tract will ultimately be owned by a homeowners' association, such an association shall meet the following criteria:
(1)
General standards. A homeowners' association may be established by the applicant as a nonprofit corporation before any homes are sold for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development provided the reviewing Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the provisions set forth in Subsection L(2) below.
(2)
Regulations.
(a)
Mandatory membership. Membership by all property owners, condominium owners, stockholders under cooperative development and other owners of property or interests in the project will be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.
(b)
Responsibility. The organization shall be responsible for liability insurance, taxes, maintenance of recreational and other facilities and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or disposed of any of its open space or property without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
[Amended 6-22-1992 by Ord. No. 1992-5]
(c)
Assessments. The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
(d)
Rights and obligations. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenants model deeds, and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
(e)
Percentage ownership. The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the municipality may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured 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 designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 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 cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development by the municipality, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.
(f)
Costs. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties 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.