Mount Laurel Township
City Zoning Code
City Zoning Code
ARTICLE IV
Major Commercial Planned Development Districts
§ 154-22 Applicability.
In any district hereafter designated as a Major Commercial Planned Development District, the following regulations shall apply.
§ 154-23 General provisions.
A.
The Planning Board is authorized to grant general development plan approval and planned development approval, provided that the requirements of this article and any other pertinent provision of the Zoning Ordinance are satisfied. The total area to be developed for major commercial purposes and to be included in the proposed planned development shall be not less than 100 acres in size, shall adjoin at least one major highway and shall be located in proximity to a major arterial highway system.
B.
An applicant may, but is not required to, apply under this article for a general development plan approval. In the event that an applicant decides to apply for and is granted general development plan approval, applicant shall be vested with rights which are set forth in § 154-31. Applicant may apply for planned development approval in accordance with general development plan approval by submission of preliminary subdivision and/or site plans in accordance with the provisions of this article. Applicant shall seek final subdivision and/or site plan approval either for the entire development or in sections in accordance with the provisions of this article.
§ 154-24 Definitions.
As used in this article, the following terms shall have the meaning indicated:
A contiguous land area of not less than 50 acres designed to contain multifacility structures used for cultural, commercial, entertainment and/or recreational purposes. Such complexes shall be located on major highways.
§ 154-25 Use regulations.
[Amended 12-1-2003 by Ord. No. 2003-30; 11-21-2005 by Ord. No. 2005-28; 6-19-2006 by Ord. No. 2006-8; 4-20-2009 by Ord. No. 2009-6; 6-14-2021 by Ord. No. 2021-14; 6-14-2021 by Ord. No. 2021-15; 2-28-2022 by Ord. No. 2022-2; 2-28-2022 by Ord. No. 2022-7; 2-28-2022 by Ord. No. 2022-8; 2-28-2022 by Ord. No. 2022-9; 10-2-2023 by Ord. No. 2023-10; 6-11-2024 by Ord. No. 2024-12]
A.
In Major Commercial Planned Development Districts, no building or other structure and no land shall be used, and no building or other structure shall be built, altered or erected to be used for any purpose other than that of:
(1)
Retail sales, trade and other related business contained in a shopping center, except that the sale and dispensing of vehicular fuels is prohibited. Motor vehicle service stations are prohibited as a principal use. Motor vehicle service stations are prohibited as an accessory use. Oil and tire changes and battery replacements are permitted uses in shopping centers.
(2)
Personal, business and recreational services.
(3)
Bank.
(4)
Eating or drinking establishment.
(5)
Hotel or motel.
(6)
Assembly hall, club building or community building, library, public building or child play center.
(7)
Any form of agriculture or horticulture with the same limitations for these uses in § 154-15A(3).
(8)
The storage, processing and sale of farm products on the property where grown.
(9)
Funeral home.
(10)
Recreation facilities, including golf courses and indoor and outdoor swimming pools.
(11)
Active and passive open space.
(12)
Professional and general offices.
(13)
Cleaning, repairing, processing, baking, other cooking and light manufacturing of items sold at retail on the premises or in connection with personal or business services offered on the premises.
(14)
Government offices, including municipal.
(15)
Indoor theater, radio and television studio, including motion-picture theaters.
(16)
Coliseum-type buildings and exhibit halls, for such uses as indoor entertainment, conventions, amusements and sporting events, including but not limited to hockey, ice hockey, basketball, soccer, track, bowling, trade and industrial exhibits, meeting rooms and like uses.
(17)
Exhibition hall.
(18)
Performing arts theater, for such uses as concerts, ballets, plays and the like.
(19)
Auditorium.
(20)
Health spa.
(21)
Indoor tennis courts.
(22)
Ballroom.
(23)
General servicing or repair shop such as watch or clock repair, radio, television or home appliance or jewelry repair.
(24)
Frozen-food locker.
(25)
Passenger station, electric substation, telephone and telegraph office.
(26)
Motor vehicle sales agency, including no repair or storage except within a building.
(27)
Accessory use customarily incidental to any of the above uses, including but not limited to locker rooms, maintenance shops, meeting rooms, restaurants and sporting clubs, dressing rooms, first aid rooms, kitchens, lounges, lobbies and the like.
(28)
Light manufacturing uses such as assembly or manufacture of small electronic components, computer assembly or manufacture of small products. The following uses are specifically prohibited: all uses specified in § 154-49; all heavy industrial uses; and outside storage. All permitted uses are subject to the performance standards of § 154-56B.
(29)
Child-care centers as a permitted use.
(30)
Motor vehicle service stations are prohibited in this zone as a principal or accessory use.
(31)
Brewpub.
(33)
Sales room, micro brewery, craft distillery, or craft winery, subject to the standards set forth in § 154-80.4.
(34)
Winemaking instructional facility.
(35)
Clinic, animal.
(36)
Hospital, animal.
(37)
Office, medical.
(38)
Electric vehicle charging stations and EVSE make ready parking spaces shall be permitted as accessory uses in this district.
B.
Conditional uses. The following uses shall be permitted as conditional uses in the MCPD District subject to the following standards, specifications, and criteria:
(1)
Cannabis alternative treatment center or cannabis retailer shall be permitted subject to the following requirements and conditions:
(a)
Such facility shall meet all requirements for licensure by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.
(c)
Shall not be located any closer than 500 feet from a residential behavioral health care facility or residential medical detoxification center, as measured in a straight line from the nearest two points of the property lines.
(d)
Shall not be located any closer than 500 feet from a residential use or district, public or private k through 12 school, child-care center, church or house of worship, or public park of the Township of Mount Laurel containing active recreation uses, as measured in a straight line from the nearest two points of the property lines For the purposes of this conditional use requirement, a child-care center shall refer only to those entities and organizations licensed by the NJ Department of Human Services or another state agency of appropriate jurisdiction, to operate a program for the care, maintenance and supervision of children who are not attended by their parents or guardians, such as a day-care, pre-k, child cooperative, or nursery school. For the purposes of this conditional use requirement, a child-care center shall not refer to facilities such as a seasonal day camp, drop-in tutoring center, or recreational facility. For the purposes of this conditional use requirement, a church or house of worship shall only apply to facilities recognized by the Township and tax assessed as a class 15D property, and the church or house of worship is the principal use of the property. For the purposes of this conditional use requirement, the 500-foot distance limitation shall not apply if the cannabis business is separated from the residential use or district, church, school, child care center, or park, by a state highway of at least four lanes in width.
(e)
No consumption of any cannabis or cannabis products shall be permitted on site.
(f)
No outside storage of any cannabis, cannabis products or related materials shall be permitted.
(g)
A security plan shall be submitted to the Mt. Laurel Township Police Department which shall demonstrate how the facility will maintain effective security and control of operations. The security plan shall identify the type and manner of twenty-four-hour security, tracking and record-keeping of products and materials, surveillance systems to be utilized, and whether any armed security will be on the premises.
(h)
Off-street parking shall be provided at a ratio of one space for every 200 square feet of gross floor area.
(i)
The regulation found at § 154-26A and in the schedule of area and height requirements which requires a minimum lot area of 50 contiguous acres shall not apply. Provided that compliance with the above conditions are satisfied, a cannabis retailer shall be permitted within any existing major commercial development within the Major Commercial District, either within an existing commercial development or as a stand-alone structure.
(2)
Gasoline filling station with accessory convenience retail and food service.
(a)
The minimum lot area shall be 60,000 square feet.
(b)
The minimum lot frontage shall be 250 feet.
(e)
The maximum building height shall be 20 feet.
(f)
Pump islands shall be separated from one another and from any building by a minimum of 25 feet.
(h)
Convenience retail sales and food service areas shall be limited to a maximum of 6,000 square feet of gross floor area.
(i)
No drive-through service of food sales shall be permitted
(j)
Off-street parking areas must be set back a minimum of 30 feet from any property line.
(k)
Adequate circulation space for queuing must be provided so that there is room for queuing of one vehicle per each gasoline service pump island without interfering with vehicular or pedestrian circulation on site.
(l)
A landscaped buffer of at least 30 feet in width must be provided where any gasoline filling station abuts a property line of a residential use or zone. Said buffer shall be consistent with the requirements of § 159-68.
(m)
A maximum of two curb cuts for entry/exit onto a public right-of-way shall be permitted for each street frontage.
(n)
No servicing or repair of vehicles shall be permitted on the premises.
(o)
Signage standards:
[1]
A changeable copy sign displaying fuel prices shall be permitted to have a maximum sign area of 15 square feet, and a maximum sign height of 18 feet.
[2]
In addition to a fuel price display sign, one monument style sign or freestanding sign per street frontage shall be permitted. Such sign shall have a maximum sign area of 90 square feet.
[3]
Freestanding signs shall have a maximum height of 20 feet.
[4]
The fueling station canopy shall be permitted to have one fascia sign for each street frontage. Fascia signs shall have a maximum sign area of 10 square feet.
[5]
Convenience store buildings shall be permitted to have a maximum of two façade signs per street frontage, with a total maximum sign area of 60 square feet or 4% of the facade area per street facing facade, whichever is lesser.
§ 154-26 Design and area requirements.
A.
The minimum area of a major commercial planned development shall not be less than 50 contiguous land acres.
B.
Not more than 30% of the gross land area shall be covered by buildings.
C.
Not less than 10% of the major commercial planned development shall be devoted to "green area," which is defined to include any areas not covered by buildings, structures or by paved streets or parking areas. Such green areas may be used for active or passive outdoor recreation uses.
D.
No structures shall be closer than 75 feet to any perimeter property line or to any water shoreline which may border the major commercial planned development except water-related structures. No paved or improved area shall be closer than 30 feet to any perimeter property line.
E.
No building shall be more than 10 stories or 110 feet in height, whichever is less.
F.
The minimum width of streets between curblines which provide circulation through or around the major commercial planned development and which are to be dedicated for public use shall be in accordance with those standards set forth in the Land Subdivision Ordinance.[1]
G.
The minimum width, pavement edge to pavement edge, of interior streets within the development not to be used as through streets shall be 25 feet for two-way traffic and 20 feet for one-way traffic. These widths will accommodate twelve-foot lanes and the necessary width for trucks and emergency vehicles.
[Amended 12-1-2003 by Ord. No. 2003-30]
H.
There shall be no parking on any interior streets.
I.
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural scheme with appropriate common landscaping.
J.
All buildings shall be arranged in a group or in groups.
K.
Parking, loading or service areas used by motor vehicles shall be physically separated from public streets by a buffer strip or other effective and suitable barrier against unchanneled motor vehicle access or egress and shall have not more than two accessways to any one public street, unless unusual circumstances demonstrate the need for additional access points. All such areas shall be arranged to facilitate proper and safe internal circulation and shall be paved with an acceptable hard surface.
L.
All accessways to a public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress.
M.
Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
N.
No parking, loading or service area which is opposite a residence district shall be located within 75 feet of a rear or side property line or within 30 feet of a street line. Along each side or rear property line, the seventy-five foot buffer area required herein shall be maintained as a planting strip, on which shall be placed shrubbery, trees or other suitable plantings sufficient to constitute an effective screen; and along each street line, the thirty-foot buffer area required herein shall be suitably landscaped, except for necessary sidewalks and accessways. Any fence, wall or barrier shall meet the requirements of the Municipal Building Code.[2]
O.
No row houses, apartment house, trailer, trailer camps, trailer parks, trailer cabins or commercial migrant labor camps shall be permitted in any major commercial planned unit development.
P.
The minimum lot size for all office structures shall be two acres. All other uses shall have a minimum lot size of five acres. The standard for yards, frontages, widths and coverages shall be as specified in the O-1 Office District. Industrial buildings shall be limited to a maximum height of 60 feet.
Q.
Buffer strips shall be provided when necessary in accordance with requirements of § 154-68, except that the strip of land shall be 75 feet wide.
R.
Alternate sources of water supply, other than public water, shall be provided for all developments within the major commercial planned unit development requiring irrigation for lawns and other landscaped areas and/or the maintenance of ponds, lakes or other bodies of water within said developments, which sources of water supply shall be from such aquifer and of such design criteria as are acceptable to the Township Engineer.
§ 154-27 Parking.
Notwithstanding the requirements of § 154-69B, the following off-street parking standards shall apply in the major commercial planned development, except that these standards may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority. Procedures and documentation to support a reduction in parking spaces shall be in accordance with § 154-35.1B of this article.
Land Use | Minimum Number of Required Off-Street Parking Spaces |
|---|---|
Shopping center, retail sales, trade, personal and business services | 5.5 for each 1,000 square feet of gross leasable area. "Gross leasable area" is the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls. |
Hotels, motels, inns, rooming and boardinghouses [Amended 12-6-2004 by Ord. No. 2004-26] | 1 for each rental room, plus 1 for every employee on the largest shift. If a public restaurant is provided, add 1 space for each 2 seats |
Restaurants, eating establishments, drinking establishments or other similar establishments [Amended 12-6-2004 by Ord. No. 2004-26] | 1 for every 2 seats plus 1 for every employee on the largest shift |
Offices, office buildings, other similar establishments, including professional offices [Amended 12-6-2004 by Ord. No. 2004-26] | 1 for every 200 square feet of floor area or 1 for each 150 square feet when there is an open floor plan |
Coliseums, auditoriums, convention halls, churches, lodges and all theaters with permanent seats* | 1 for every 3 permanent seats, plus 1 for every employee |
Exhibition halls, convention halls, ballrooms, coliseums, auditoriums and theaters with temporary seats* | 1 for every temporary seat |
Tennis courts* | 2 for each court |
Brewpub [Added 6-14-2021 by Ord. No. 2021-15] | 1 space per 1,000 square feet of gross floor area devoted to production or storage space, plus all off-street parking required of the restaurant use |
Winemaking, instructional facility [Added 6-14-2021 by Ord. No. 2021-15] | 1 space per 500 square feet of gross floor area for instructional or classroom space, plus 1 space per 2,000 square feet of any storage area |
Micro brewery, craft distillery, winery [Added 6-14-2021 by Ord. No. 2021-15] | 1 space per 1,000 square feet of gross floor area devoted to production or storage space, plus 1 space per 150 square feet of gross floor area in any sales room or tasting room area |
Sales room, micro brewery, craft distillery ,or winery [Added 6-14-2021 by Ord. No. 2021-15] | 1 space per 150 square feet of gross floor area |
Any other permitted use | 1 for each 400 square feet of aggregate floor space |
*NOTE: However, in every case, there shall be not less than one space for every two people permitted by the Building and Fire Code. | |
§ 154-28 Traffic and circulation requirements.
A.
A traffic study shall provide the various data as outlined below. The traffic study shall address the various traffic-generating characteristics of uses in the planned development and the interface of traffic from the proposed uses and the existing uses in the area to assure that there will not be a degradation in the level of service in the area and that there will not be any traffic hazards created in the area by traffic generated by the planned development. The traffic study shall address the various concerns noted below using the standards outlined.
B.
Level of service. It must be shown that public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service C or better for all approaches to signalized intersections and streets and that safe, convenient and adequate circulation and parking is provided for the sites.
[Added 11-21-2005 by Ord. No. 2005-28]
C.
Traffic volumes. Existing twenty-four-hour traffic counts summarized by hour and by direction and peak hour trips by movement on all critical arterials and intersections affected by the proposed development. Traffic volumes utilized in the traffic report shall be taken within 12 months preceding the date of the application.
D.
Future background traffic volume. Future traffic volumes shall be calculated by multiplying the peak hour traffic volumes by the New Jersey Department of Transportation (NJDOT) growth factors. These factored traffic volumes will be surcharged with traffic volumes expected to be generated by impending development. Impending development shall include traffic from developments that are expected to be completed in the immediate vicinity. This shall include projects presently approved by the Township, projects in adjacent municipalities and projects that are presently in the planning process and are expected to be approved in the near future.
E.
Traffic generation. Future traffic expected to be generated by the proposed development shall be calculated by utilizing the latest copy of the Institute of Transportation Engineers (ITE) text, Trip Generation. The values developed by using the Trip Generation method shall be verified by typical counts when requested by the Township to verify results. If trip generation data is required by the Township because the Trip Generation methodology is not accurate due to local conditions or an inadequate data base in the Trip Generation text, the traffic data counts required to verify trip generation data shall be in the ITE format. Traffic generation shall include the amount of traffic to be generated for the projected twenty-four-hour period and during the peak hour trip generation by the proposed project.
F.
Future build traffic volumes. Future background traffic volumes shall be surcharged by adding the traffic volumes that are anticipated to be generated by the proposed development to the future background traffic volumes.
G.
Traffic analysis.
(1)
Capacity analysis. Roadways and intersections shall be analyzed using a capacity analysis. The capacity analysis will utilize the latest approved highway capacity programs. Traffic shall be analyzed for the existing traffic conditions, future background traffic and future build traffic conditions. Traffic analysis shall optimize traffic signals so that the existing traffic conditions show traffic conditions as they exist and with optimization of traffic signal timing. The future background traffic conditions shall require the optimization of the traffic signal timings prior to the addition of the proposed traffic from the proposed development. After the addition of the future background traffic and the optimization of the traffic on the roadways, future traffic shall be added and the traffic signal timings shall be optimized for a final product.
(2)
Accident analysis. Accident data of critical intersections and roadways affected shall be analyzed.
(3)
Speed and delay analysis. Speed and delay analysis of critical roadways shall be provided.
(4)
Gap analysis. Gap studies of critical intersections shall be provided.
(5)
Safety analysis. Analysis shall be made of all entrances and exits to determine if left-turn lanes are warranted in accordance with Highway Research Record 211. In addition, deceleration and acceleration lanes shall be analyzed to determine if they are needed.
(6)
Off-tract contributions. The applicant's traffic consultant shall provide a trip distribution that will distribute traffic to the surrounding roadway system. All intersections that have over 25 p.m. peak hour trips shall be tabulated and listed with the amount of traffic from the proposed development and the total build traffic at that location. The applicant's engineer shall show the percent of the p.m. traffic the applicant's traffic will be of the future build traffic at each intersection by approach. If improvements are required on one approach of an intersection only as a result of a significant impact by the development, defined as an approach where the majority of the traffic on the approach (defined as over 50% of the total future build traffic) caused the need for the proposed improvement on that approach to maintain an adequate level of service, the applicant's prorata share of the intersection improvement shall be calculated by using the cost of the improvement and multiplied by a factor consisting of the applicant's traffic volume for that leg of the intersection alone divided by the traffic volume at buildout for that leg of the intersection alone.
§ 154-29 Additional provision and requirements.
A.
Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view, and such areas shall be stabilized by seeding and planting. This requirement may be waived by the approving authority should the topography and special conditions of the proposed development not require such redistribution. Any soil removed under a waiver shall require compliance with the provisions of the Township Soil Erosion and Sediment Control Ordinance, as well as compliance with the Burlington County Soil Conservation District.
B.
Interior streets, parking areas, entrances, pedestrian walks and any recreation area which is to be used for any nighttime activity shall be provided with sufficient illumination to minimize hazards to persons using same.
C.
Appropriate provisions shall be made for private garbage and trash collection and for the private maintenance of all interior roads and streets, including snow removal, recreational facilities and buildings and land areas not dedicated to the Township. Such services shall be performed at the owner's expense.
D.
All installation of utilities on the site shall be underground. No individual outside communication antennas shall be allowed in the project. The project shall be serviced by a central master antenna communications system. No temporary antennas or other structures for radio, television or data communications shall be allowed to stand for more than five days. Structures required for longer time periods shall require the written approval of the Building Inspector.
E.
All trash or garbage disposal facilities shall be totally screened, and plans shall be submitted as part of the development site plan, showing the location and types of screening thereof.
F.
The major commercial planned development use shall be permitted where it can be served by the public water and sewer and evidence of approval by the Municipal Utilities Authority of Mount Laurel Township must be presented prior to final approval of the project.
§ 154-30 Submission of general development plan and planned development in the major commercial planned unit development.
A.
Applicability. Any developer proposing a planned development at least 100 acres in size and as defined and permitted by this article may seek general development plan approval as the first phase of the planned development.
B.
Details required for general development plan.
(1)
The applicant shall submit 12 copies of the general development plan, which shall include the plans for the planned unit development, to the administrative officer at least three weeks prior to the next regular meeting of the Board.
(2)
Each general development plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
(3)
Each submission shall be drawn at an appropriate scale not less than 1 inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches 42 inches). If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
(4)
Each general development plan shall show the following information:
(a)
A key map showing the entire tract and its relation to the surrounding areas, at the scale of the Township Tax Map, and providing sufficient information to identify the tract location.
(b)
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
[1]
Name of subdivision or development, Mount Laurel Township, Burlington County;
[2]
Name, title, address and telephone number of subdivider or developer;
[3]
Name, title, address and license number of the professional(s) who prepared the plat or plan;
[4]
Name, title and address of the owner(s) of record;
[5]
Scale (written and graphic); and,
[6]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(c)
North arrow and meridian.
(d)
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
(f)
Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed.
(g)
The names, lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
(h)
Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be divided or developed as they appear on the Township Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
(i)
Tract boundary line (heavy solid line).
(j)
Zoning districts affecting the tract and within 200 feet thereof, including district names and requirements, and a comparison to the application.
(k)
The locations and dimensions of existing and proposed bridges and the location of natural features such as wetlands (including wetlands transition zones), wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
(l)
A land use plan indicating the entire tract which shall include the following:
[1]
Both maps and text indicating the specific land areas to be devoted to specific land uses and indicating the acreage, square footage and floor/area ratio and the specific type of use proposed.
[2]
The conceptual footprints of all proposed buildings with typical dimensions.
[3]
The approximate and maximum height of all proposed buildings.
[4]
The location of parking areas and the number of parking spaces.
[5]
General calculations of impervious surface coverage, disaggregating building coverage from parking/driveway/street coverage.
(m)
A traffic circulation plan which shall include, among other factors, the current vehicular volume, width and capacity of streets and highways in the nearby area of the proposed planned development. Additional vehicular volumes to be generated by the planned development shall be estimated and related to the current capacity of the roadway network to determine the future adequacy or deficiency of the circulation system. Additional information shall be provided to demonstrate that satisfactory arrangements will be made to facilitate traffic movement on the highways adjoining the planned development and local roads and streets impacted by the traffic volumes on highways adjoining the planned development. Also, additional information shall be provided to ensure proper circulation within the planned development. These arrangements shall include provisions for necessary signalization, standby turn lanes, right-turn run-off lanes, added highway width, adequate warning signs and adequate storage area and distribution facilities within the planned development to prevent the backup of vehicles on public streets, including highways adjoining the planned development and local roads and streets impacted by the planned development.
(n)
A pedestrian circulation plan showing the general location and types of facilities for pedestrian access within the planned development.
(o)
A utility plan indicating existing and proposed sewer and water lines, pump stations, water supply wells, sewage treatment plants and proposed methods for handling solid waste disposal. Additionally, tract connections to electric, gas, cable and telephone facilities shall be indicated, and a plan for the operation and maintenance of the proposed utilities shall be submitted.
(p)
A stormwater management plan indicating in general terms the proposed method of controlling and draining water on and from the site, and including sufficient supportive calculations as required by the Planning Board Engineer in order to ascertain the adequacy of the plan. Additionally, a conceptual description of the intended soil erosion and sediment control plan shall be provided.
(q)
A community facilities plan indicating the scope and type of supporting community facilities to be provided.
(r)
A staging plan, where the planned development is intended to be developed over a number of years, indicating the areas to be developed in each stage and the priority of each stage. The eventual development of each stage should be specifically related to the land use plan, the traffic circulation plan, the stormwater management plan and the utility plan in order to ensure that the staging plan is a workable one, that a reasonable balance of the different components of the proposed planned development are maintained in each stage and that the interests of the public and of the residents and employees, as applicable, who occupy any section of the planned development prior to the completion of the planned development in its entirety will be protected.
(s)
A local service plan indicating the public services which the applicant proposes to provide and which shall include, but not be limited to, water, sewer, cable and solid waste disposal.
(t)
A municipal development agreement providing for the effectuation of any agreements between the developer and the Township, including a schedule of payments for off-tract improvements, recapture provisions and contributions relating to the development, including, but not limited to, such matters as road improvements, open space areas, utility improvements, recreational facilities and community facilities.
C.
Details required for planned development_preliminary plat.
(1)
General requirements. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of one inch equals 100 feet. Plats shall be designed and drawn by a licensed engineer and shall comply with New Jersey law.
(2)
Existing conditions. The preliminary plat shall clearly and accurately show:
(a)
A key map at a scale of one inch equals 2,000 feet, clearly showing the location of the development within the Township and in relation to major streets, water bodies and political boundaries.
(b)
The development name, Tax Map sheet, block and lot numbers, North arrow and graphic scale, reference meridian, United States Geographical Survey datum and the following names and addresses:
(c)
Acreage of tract to the nearest tenth of an acre.
(d)
Contours at a two-foot interval maximum; contours shall be referenced to United States Geographical Survey datum and extended 200 feet beyond the lot lines, where possible and necessary.
(e)
The location of existing property lines, streets and street rights-of-way within 500 feet of the tract and the following details on the tract: buildings, watercourses and their extent, surface elevation, depth and their floodplains; railroads and their rights-of-way; bridges; culverts; drainpipes; easements; utility lines, both underground and overhead; rock formations; wooded areas; isolated trees over five inches in diameter; and other natural features.
(f)
Profiles and typical cross sections of existing streets abutting the subdivision, indicating type and width of pavement, curb location and sidewalk and shade tree planting strip location.
(g)
All existing elements, including but not limited to sidewalks, streets, paved areas, buildings, utilities, plant materials and drainage lines that are to be removed and/or demolished shall be shown as part of the preliminary submission.
(h)
Soil Conservation Service soil classification.
(i)
Soil borings not less than eight feet below final grade at the ratio of one boring for every 15 acres. There shall be a depth of not less than 10 feet below the existing grade or 10 feet below finished grade, whichever is lower, to indicate types of soil and elevation of the water table on the entire tract.
(j)
Location of the alternate source of water supply, with information as to the depth of all wells involved in providing said supply, as well as the information as to the aquifer from which the water will be drawn and the areas and facilities to be serviced by said water supply.
(3)
Proposals. The preliminary plat shall clearly and accurately show the following, which shall conform to the standards of this chapter and of the county:
(a)
The location of all proposed property and building setback lines.
(b)
The location and proposed cross sections and centerline profiles of all new streets and pedestrian ways, including sidewalks, cartways, street lines and planting areas.
(c)
The generalized location of all proposed buildings and parking lots.
(d)
The location and extent of the intended development; all easements, open space, historic sites, floodplains and specific uses of recreation areas, including the extent and surface water elevation and depth of all proposed lakes and ponds.
(e)
All proposed drainage structures are to be located and all other information as required by the county relating to watercourses and drainage ditches shall be included.
(f)
Plans for the preservation of all existing natural features.
(g)
Plans for modification, addition or any other alteration to existing man-made features.
(h)
Legend indicating type of buildings, along with an architectural sketch of each class of structure.
(i)
All other information required by county.
(j)
Location of all easements and fire hydrants and sizing of water mains, sanitary sewers, storm drains and groundwater underdrains. Complete design criteria and calculations shall be included. Off-site conditions shall be covered. The provisions for stormwater retention as described in the Land Subdivision Ordinance[1] shall be complied with.
(k)
Generalized grading plan of areas adjacent to buildings and parking lots indicated by arrows.
(l)
A letter from the Municipal Utilities Authority indicating its intention to provide water and sewer service.
(m)
A delineation of proposed sections, including sequence and timing of development, covering all of the gross acres of the development.
(4)
Documentation to accompany preliminary plat. The following documentation shall accompany the submission of the preliminary plat.
(a)
An application for tentative approval on such form as shall be provided by the Municipal Clerk.
(b)
A copy of any protective covenant or deed restriction applying to the land being subdivided shall be submitted with the preliminary plat.
(c)
Written approval of local, county, state or federal organizations, as required.
D.
Final plat.
(1)
General requirements. The final plat shall be drawn to meet the requirements of this subsection for preliminary plats, except that the final plat shall be drawn in ink on tracing cloth or equivalent, at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953.
(2)
Final plat details. The final plat shall be a refinement of the preliminary plat and shall meet all of the requirements thereof. These refinements shall include but not be limited to:
(a)
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all property lines with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(b)
Location and description of all monuments.
(c)
Any revision to the preliminary utility system shall be accompanied by calculations and easements. All other items shall be covered by the preliminary plat.
(d)
Street naming list (duplication)
(e)
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one. Such numbering shall be approved by the Township Engineer.
(f)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall have been submitted with the sketch plat.
(g)
A certificate from the Tax Collector that all taxes on subdivision are paid.
(h)
Location, size and elevations of curbs, parking lots, etc.
(i)
A landscape plan showing area and general type of existing and proposed plantings.
(3)
Documentation to accompany final plat. The following documentation shall accompany the final plat:
(a)
Certificate from the Tax Collector that all taxes are paid to date and that any local improvement assessments against the tract being subdivided have been paid in full or that such local improvement assessments have been apportioned among the lots of the subdivision upon the application of the subdivider, pursuant to N.J.S.A. 54:7-1 et seq. and, in event of such apportionment, that such local improvement assessments are paid to date.
(b)
Written report from the Township Engineer stating:
[1]
That all improvements as indicated on the final plat are in conformance with the proposals of the approved preliminary plat.
[2]
That he is in receipt of a plan of improvements showing all utilities in exact locations and elevations, identifying those portions already installed and those to be installed and that the developer has complied with one or both of the following:
[3]
In those instances where improvements have been installed, that the Engineer has received proper as-built drawings.
(c)
When final approval is requested for an area which is less than the full area for which tentative approval was given, the applicant shall submit a key map at a scale of no less than one inch equals 200 feet which clearly and accurately shows the entire development for which tentative approval was granted, including all proposed streets and property lines, and that portion for which final approval is being requested.
(d)
A letter from the Postmaster or other appropriate authority of the area where the subdivision is located stating that proposed street names in the subdivision do not duplicate names in use and are acceptable.
(e)
Certification by the Township Engineer of compliance with sediment and erosion control methods.
(f)
Where the proposals for any required improvements differ from the proposals shown on the preliminary plat, complete plans and profiles with drawing revisions listed shall be submitted in sufficient detail to meet the requirements of the Township Engineer.
(g)
Additional test borings may be required by the Township Engineer.
(h)
Copies of all supplemental agreements between the developer and any and all agencies or bodies of the Township shall be presented.
§ 154-31 Action by the Planning Board.
A.
The Planning Board shall review the application for the general development plan for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
(1)
If said application is found to contain all of the information required by § 154-30B of this article hereinabove, the Planning Board shall certify that said application is complete.
(2)
If said application is found to lack some of the information required by said § 154-30B, the Planning Board shall either cause the applicant to be notified in writing that said application is incomplete, specifying the deficiencies in the application; or if the Planning Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items, provided that they be submitted to the Planning Board within a specified time period.
B.
On the day the aforesaid application is certified complete, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that they are entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, require submission of additional information not specified in § 154-30B of this article, and/or may require revisions in the application documents; each and all as are reasonably necessary in order for the Board to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
C.
Promptly after certification of completeness, the application documents shall be distributed by the Secretary of the Planning Board in the same manner as set forth in this article for a preliminary site plan.
D.
The Planning Board shall grant or deny an application for general development plan approval and planned development approval within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
E.
The Board shall find the following facts and conclusions prior to granting general development plan approval:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in this article pursuant to N.J.S.A. 40:55D-65c.
(2)
That the proposals for maintenance and conservation of the common 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, 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 planned 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.
F.
All hearings held on any application for general development plan approval and planned development approval shall require public notice of the hearing. The Board shall set the date, time and place for the hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing in accordance with the requirements of this article.
§ 154-32 Effect of general development plan approval.
A.
The term of the effect of the general development plan approval shall be determined by the Planning Board but shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development. In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
B.
The general development plan shall set forth the square footage of nonresidential uses according to a timing schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 or any ordinance or regulations adopted pursuant thereto after the effective date of the approval.
C.
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for the residential units within the Township and the region and the availability and capacity of public facilities to accommodate the proposed development.
D.
Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after the approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the square footage of nonresidential development in any section of the planned development. Any variation in the location of land uses or increase in the density proposed in reaction to a negative decision of, or condition of, development approval imposed by the Department of Environmental Protection pursuant to P.L. 1973, c.185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the variation being proposed is a direct result of such determination by the New Jersey Department of Environmental Protection (NJDEP), as the case may be.
E.
Once a general development plan has been approved by the Planning Board, annual written and oral status reports shall be delivered by the landowner to both the Planning Board and Township Council at approximate twelve-month intervals subsequent to the date of approval and prior to the completion of the development. Moreover, the general development plan may be amended or revised only pursuant to approval by the Planning Board of an application submitted by the developer, except that a developer, without violating the terms of the approval pursuant to this article, may, in undertaking any section of the planned development, reduce the amounts of nonresidential floor space by no more than 15%.
F.
Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit and nonresidential building as set forth in Section 15 of P.L. 1975 c. 217, and the approved general development plan pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D - 133). If a developer does not complete any section of the planned development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence he is fulfilling his obligation pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
G.
In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.
H.
In the event that a planned development, which is the subject of an approved general development plan, is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval, including release of all performance bonds.
I.
No portion of any lands having received general development plan approval shall be conveyed separately from the entire lands having received general development plan approval until said portion has received formal preliminary site plan approval.
§ 154-33 Fees.
A.
General development plan. At the time of submission of the general development plan, the applicant shall pay a fee of $5,000. In addition, each applicant shall deposit in cash the sum of $50 per acre or fraction thereof included in the tract with the Planning Board Secretary to be place in escrow by the Township to cover the cost of professional review by professionals, including the Mount Laurel Fire Official or other person so designated by the Mount Laurel Fire Commission, employed by the Planning Board to make said review and inspections. Sums not utilized in review and in the inspection process shall be returned to the applicant from the escrow. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sums to the escrow.
B.
Preliminary plat. At the time of the initial submission of the preliminary plat, the applicant shall pay a fee of $200. In addition, each applicant shall deposit in cash the sum of $100 per acre or fraction thereof included in the tract with the Planning Board Secretary to be place in escrow by the Township to cover the cost of professional review by professionals, including the Mount Laurel Fire Official or other person so designated by the Mount Laurel Fire Commission, employed by the Planning Board to make said review and inspections. Sums not utilized in review and in the inspection process shall be returned to the applicant from the escrow. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sums to the escrow.
C.
Final plat. At the time of submission of the final plat, the applicant shall pay a fee of $200, plus an escrow in the amount of 5% of the dollar cost of the Township Engineer's estimated cost of bondable improvements or $500, whichever is greater.
D.
Each applicant who shall submit a plan for approval shall agree in writing and shall pay all reasonable costs for professional review of said site plan and for inspection of improvements required by the Planning Board. Such costs shall be paid up to date. The costs of both preliminary plan and final plan considerations by the governing body and any cost incurred in final approval shall be paid in full before any construction work on the site is permitted to commence.
§ 154-34 Performance bonds.
In approving the final plat, the Planning Board shall require that the applicant first furnish a performance bond for the purposes of guaranteeing the completion of such items as are set forth in the final sketch plat which will affect the public interest, such as but not limited to drainage, streets, recreations areas, shade trees or shrubbery and required landscaping, off-street parking, loading and unloading zones, artificial lighting, sidewalks, curbs and driveways and utilities. An estimate of improvement costs shall be prepared by the Township Engineer in order to determine the amount of the performance guaranty. Said performance guaranty shall have been reviewed and have the approval of the Township Solicitor as to both form and amount prior to the issuance of any permits.
§ 154-35 Maintenance guaranty.
A.
The municipality may also require a maintenance guaranty for a period of not to exceed two years after the final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvements or of the original installation.
B.
The reviewing authority shall require that the applicant execute such agreements and covenants as may be necessary in order to assure the Township that the premises shall be used in accordance with the approved plan for the development, said agreements or covenants running with the land. Said agreements or covenants shall be recorded prior to the issuance of any building permit for the development and may only be modified or released as set forth therein or by ordinance of the Township of Mount Laurel or as required by any other governmental agency having jurisdiction thereover.
§ 154-35.1 Conflicting standards; minimum standards.
A.
In any case where this article shall conflict with any other portions of the Zoning Ordinance, the Site Plan Ordinance[1] or any other ordinance of the Township of Mount Laurel, the language of this article shall prevail and be binding. However, in all areas not covered by this article and where the Zoning Ordinance, Land Subdivision Ordinance and Site Plan Ordinance, Off-Site Improvement Ordinance and Soil Erosion and Sediment Control Ordinance are applicable, those ordinances apply.
B.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Mount Laurel Township. Any action taken by the Planning Board and the governing body, under the terms of this article, shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant or its agent can clearly demonstrate that, because of the peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Planning Board and governing body may permit such deviation of the regulation imposed as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. Any requested waiver or deviation by the developer must be made in written form and heard by the Planning Board at a regularly scheduled meeting, at which time the developer shall produce the necessary documentation, either by exhibit or testimony, to support its request. If permitted, the deviation found to be necessary by the Planning Board shall be produced in written form consisting of findings of fact, conclusions of law and the adoption of a resolution of recommendation by the Planning Board and submitted to the governing body for approval.