Oldmans Township City Zoning Code
ARTICLE VI
Exceptions, Modifications and Development Alternatives
§ 110-41 Conditional uses.
A.
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the Administrative Officer or within such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.
C.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure locations and orientations.
(1)
Funeral homes.
(a)
The minimum lot size shall be one acre with a minimum frontage of 125 feet on an improved public street.
(b)
The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
(c)
No more than 35% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.
(d)
At least the first 40 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(f)
All other applicable requirements of this chapter shall be met.
(2)
Lodges and clubs.
(a)
The minimum lot size shall be three acres with a minimum frontage of 150 feet on an improved public street.
(b)
The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
(c)
No more than 25% of the lot shall be covered by impervious surfaces, including buildings, structures and pavement.
(d)
At least the first 40 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.
(f)
All other applicable requirements of this chapter shall be met.
(3)
Public utility uses.
(a)
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services.
(b)
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(c)
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
(d)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.
(e)
Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained.
(f)
Off-street parking shall be provided as determined by the Planning Board during site plan review.
(g)
All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.
(4)
Motels.
(a)
Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of, but in addition to, a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
(b)
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.
(c)
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom. No more than 20% of the units shall include cooking facilities with said unit.
(d)
There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises nor to occupants of the permitted units with cooking facilities.
(e)
Off-street parking shall be provided at the ratio of 1 1/4 spaces per room.
(f)
One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 70 square feet, whichever is smaller. Freestanding signs shall be set back at least 30 feet from all street and lot lines.
(g)
All other applicable provisions of this chapter shall be met.
(5)
Service stations.
(a)
The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.
(b)
No service station shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution.
(c)
All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(d)
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building; except, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and provided that the owners of said motor vehicles are awaiting their repair or disposition.
(e)
Landscaping shall be provided in the front yard area equal to at least 15% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
(f)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
(g)
Service stations shall provide at least six parking spaces for the first lift, wheel alignment pit or similar work area, five additional spaces for a second work area and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking spaces shall obstruct access to such facilities.
(h)
Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.
(i)
All other applicable requirements of this chapter shall be met.
(6)
Intensive fowl or livestock farms.
(a)
In addition to normally required site plan information, the application shall set forth:
[1]
The purpose of the operation.
[2]
The manner in which animals or fowl would be housed or ranged.
[3]
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
[4]
Location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.
[5]
The location of any outside fowl ranges or livestock pens or corrals.
[6]
Proposed lighting and ventilation.
[7]
A written opinion of the County Agricultural Agent concerning possible nuisance characteristics and the adequacy of measures proposed to deal with them.
[8]
A written report from the Soil Conservation District setting forth the adequacy of plans for liquid and/or solid waste disposal.
(c)
Any intensive fowl or livestock farm shall be located on a land parcel having a minimum of 100 acres.
(e)
No building, fenced run or other enclosure for the containment of fowl or livestock or for the storage of animal waste on an intensive fowl or livestock farm shall be closer to any front, side or rear property line or zoning district boundary line than 500 feet.
(f)
The feeding of swine upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
(g)
Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the approval authority.
(7)
Wind energy conservation systems (WECS).
[Added 7-2-2008 by Ord. No. 2008-08A]
(a)
WECS shall be permitted in AR (Agricultural Residential), R (Residential), C (Commercial), I (Industrial), and C/I (Commercial/Industrial) Districts and industrial park redevelopment areas.
(b)
In addition to submission of the site plan checklist items required pursuant to this chapter, the following information shall be provided:
[1]
Location and elevation of proposed WECS.
[2]
Location, dimension and type of existing structures and uses on the site.
[3]
Location of all aboveground utility lines on site within the distance of the height of the WECS.
[4]
Zoning designation of the adjacent properties within a two-hundred-foot radius of the subject property.
(c)
These conditions must be met when installing a WECS and which shall be provided to the Land Use Board and the Construction Official at the time conditional use approval and/or a building permit is sought:
[1]
All WECS generators, alternators or other components shall be properly shielded and/or filtered so as to prevent the emission of radio-frequency energy which would, or may, cause any harmful interference with radio and/or television broadcasting or reception. Appropriate certified clearances must be provided, upon request, to the state, county, local, and federal agencies such as the Federal Aviation Administration, Department of Defense, Department of Environmental Protection, Federal Communications Agency, and any other governing agency having appropriate interest and concern.
[2]
The maximum aggregate and/or sustained level of noise permitted, in any zone, due to the operation of a WECS shall not exceed 50 decibels, as measured on the standard dBa scale, measured at the property lines of the site.
[3]
The installation of WECS in commercial and agricultural property zones must meet all of the above criteria, standards, and codes referred to, except for back yard placements. The installation of a WECS will not be granted approval if the structures or electromagnetic interference in any way jeopardizes the safety of commercial and/or private aviation as may be the case for the Philadelphia International Airport and the Oldmans Township Airport.
[4]
The WECS manufacturer shall document that a wind energy conservation system mode has operated safely in atmospheric conditions for a period of not less than three months.
[5]
All electric lines/utility wires shall be buried underground.
[6]
The building permits for WECS shall be accompanied by calculations and certification by a professional engineer, licensed by the State of New Jersey, that all construction and foundations proposed shall sustain wind loadings of 115 miles per hour.
[7]
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed with a six-foot fence. The supporting tower shall also be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.
[8]
The minimum distance between the ground and any part of the rotor or blade of the WECS shall be 20 feet, as measured from the lowest point of the arc of the blade.
[9]
All WECS shall be located within the rear yard. The minimum setback of the tower shall be not less than 1.3 feet times (X) the height of the tower from any property line, inhabited structure, or right-of-way for any overhead electrical transmission or distribution lines. The foundations and guy wire anchors must comply with all applicable building codes.
[10]
The maximum height allowable shall be 120 feet, unless otherwise prohibited by state or federal statutes or restrictions by any other governing agency having appropriate jurisdiction.
[11]
The tower and generating unit shall be kept in good repair and sound condition as not to threaten the health and safety of any individual or animal.
[12]
Upon abandonment of use, the tower and related structures (including all footings, guy wires, etc.) shall be dismantled and removed from the property within 60 days. A performance bond shall be posted to assure same.
§ 110-42 General exceptions and modifications.
A.
Christmas tree sales. The annual sale of Christmas trees is permitted in any zone between December 1 and December 30, inclusive, provided that:
B.
Height limits. Excepting for single, two-family and dual residential dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 10% more than the maximum height permitted for the use in the district, except that farm silos shall have no height restrictions.
C.
Parking of commercial vehicles in residential zones. One commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district. The provisions of this chapter must be met on the single lot for which the use is accessory to the main use of the premises. This provision shall not be deemed to limit the number of commercial trucks or cars used upon a farm or construction equipment which is used on the site for construction purposes.
D.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
E.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.
§ 110-43 Residential clusters.
A.
The purpose of this section is to provide a method of developing single-family detached and dual residential dwellings in a manner that will preserve desirable open spaces, conservation areas, floodplains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed. The Planning Board must also make certain findings of fact and conclusions pursuant to N.J.S.A. 40:55D-45 prior to approval of a residential cluster.
B.
Principal permitted uses on the land and in buildings shall include the following:
C.
Accessory uses shall be permitted as follows:
(2)
Private residential toolsheds not to exceed 15 feet in height.
(3)
Boats on trailers and campers to be parked or stored only and located in rear or side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.
(4)
Tennis courts and other usual recreational facilities.
(5)
Off-street parking and private garages.
D.
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories.
E.
Maximum number of lots permitted. Total lots permitted shall be calculated by subtracting 15% of the tract area as an allowance for street and dividing the remaining land area by one acre.
F.
Minimum tract size. The minimum tract size required for detached dwelling units with individual sewerage and water facilities shall be 30 acres.
G.
Area and yard requirements shall be as follows:
Detached Dwelling Units with Individual Sewerage and Water Facilities | Dual Residential Dwelling Units With Individual Sewerage and Public Water Facilities | |
|---|---|---|
Minimum Tract Size (acres) | 30 | 30 |
Professional Building Minimum | ||
Lot area (square feet) | 20,000 | 20,000 |
Lot Frontage (feet) | 100 | 120 |
Lot width (feet) | 100 | 120 |
Lot Depth (feet) | 120 | 120 |
Side yard, each (feet) | 20 | 15 |
Front Yard (feet) | 30 | 30 |
Rear Yard (feet) | 30 | 30 |
Accessory Building Minimum | ||
Distance to side line (feet) | 10 | 10 |
Distance to rear line (feet) | 10 | 10 |
Distance to other building (feet) | 10 | 10 |
Maximum | ||
Combined building coverage of principal building and accessory building(s) and/or structure(s) | 20% | 25% |
J.
General requirements.
(1)
Prior to preliminary approval, the developer shall submit a preliminary, sewerage and water system plan(s) to serve the dwelling units in the development, together with letters from the appropriate municipal, county and state officials indicating the feasibility of such plan(s). Prior to final approval, the developer shall submit the final plan(s), which shall have been approved by the appropriate municipal, county and state officials.
(2)
Any proposal for a residential cluster may include provisions for the phasing of construction over a period of years, provided that the following terms and conditions, intended to protect the interests of the public and of the residents, occupants and owners of the proposed development, are met:
(a)
Where the development is intended to be phased over a number of years, prior to the granting of preliminary approval for the entire residential cluster, there shall be an explanation, including appropriate maps, indicating the location, number and type of units to be constructed in each phase and the priority of each phase. Each development phase shall indicate its relationship to the circulation and utility systems completed up to that point in order to assure their adequacy to serve the total development.
(b)
Preliminary approval shall be granted for the complete residential cluster proposal before final approval shall be granted for any phase.
(c)
Each development phase shall maintain a reasonable balance of residential uses and recreational facilities and open spaces to serve the residents. For all development phases subsequent to the first phase, no construction permits may be issued for construction of units in any such phase until construction of preceding phases is substantially completed. ("Substantially completed" shall be taken to mean that, as a minimum, all exterior finish, paving, fine grading, seeding and landscaping shall have been completed.)
(3)
No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and sewer facilities servicing said structure are properly completed and functioning.
§ 110-44 Open space requirements.
A.
Land area equal to a minimum of 20% of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, floodplain, school sites, recreation and park areas. Such land shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended. Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by an open space organization. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization. All streets within the development shall be dedicated to the Township.
B.
Any lands offered to the Township shall meet the following requirements:
(1)
The minimum size of each parcel offered to the Township shall be 1/2 acre.
(2)
Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.
(3)
Any lands offered to the Township shall be subject to review by the Planning Board, which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.
(4)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this section pertaining to the use of such areas. This deed shall ensure that:
(a)
The open space area will not be further subdivided in the future.
(b)
The use of the open space will continue in perpetuity for the purpose specified.
(c)
Appropriate provisions are made for the maintenance of the open space.
(d)
Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public for a fee.
C.
An open space organization established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas, shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:
(1)
Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the organization's costs. The terms and conditions of said covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.
(2)
Executed deeds shall be tendered to the Township simultaneously with the granting of final approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.
(3)
The open space organization shall be responsible for liability insurance, municipal taxes and maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability.
(4)
Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.
(5)
The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenants in the planned development, along with the covenant and model deeds and the articles of incorporation of the association, prior to the granting of final approval by the Township.
(6)
Part of the development proposals submitted to and approved by the Township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which it holds title.
D.
Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.
§ 110-45 Planned unit development.
A.
Purpose. The purpose of this section is to provide a method of developing land in certain districts of the Township so that desirable open spaces, conservation area, floodplains, recreation areas and other environmentally sensitive lands can be set aside and so that a variety of affordable housing types may be produced by permitting planned unit developments.
B.
A planned unit development may be approved as a conditional use at the discretion of the Planning Board in accordance with the following standards:
(1)
All planned unit developments shall be connected to an approved and functioning central water and sanitary sewage treatment system.
(2)
The minimum project size, open space and maximum density provisions for planned unit developments within any district shall be as specified below.
(3)
The minimum requirement for open space size is achieved by a proposed development and the location, type, design, layout, maintenance, ownership and control of such open spaces comply with the minimum standards of § 110-44 of this chapter.
(4)
Whenever possible, all dwelling units shall be arranged into cluster and shall front on culs-de-sac and loop streets and be so designed as to discourage through vehicular traffic movements within clusters of residential dwelling units.
(5)
Only the rear lot lines of any proposed building lot, whether for residential or other purposes, shall abut the lot lines of the parcel originally proposed for development.
(6)
All utility installations shall be underground.
(7)
Provisions to accommodate Mt. Laurel housing have been complied with.
C.
Required findings by the Planning Board. Prior to granting approval of any planned residential development, the Planning Board must find that:
(1)
Sanitary sewer collection and treatment as well as potable water facilities are available to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design of the public service infrastructure.
(3)
The proposal is consistent with and will not create hazards relating to traffic patterns already established by surrounding development. A traffic report may be required by the Planning Board.
(4)
Open space to be created by the proposal must be suitable for both passive and/or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose, and the open space standards of this article shall have been achieved.
(5)
There is reasonable assurance that the improvements and maintenance of the open space can be secured by the methods and arrangements proposed by the development.
(6)
The proposal is consistent with the intent and purposes of the Master Plan and N.J.S.A. 40:55D-45.
(7)
The proposed will not create a negative fiscal impact on the Township's services.
(8)
The proposal is consistent with and is in conformance with the provisions for Mt. Laurel housing.
D.
Minimum tract size and maximum density. The minimum tract size necessary to qualify shall be 100 acres. The maximum density of residential building lots for cluster development shall be four units per acre.
E.
Area, yard and setback requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be as specified below in Subsection I.
F.
Permitted uses shall be as follows:
(1)
Residential units, such as but not limited to single-family detached, twin, attached, quadraplexes and garden apartments, except mid-rise and high-rise structures.
G.
H.
Staging. As a condition to preliminary approval of a planned unit development, the Planning Board may permit the implementation of the plan in whole, in sections or in stages, consisting of one or more sections or stages, under the sequence of actions determined as a part of the development plan. Such sections or stages shall be:
(1)
Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development.
(2)
Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the development plan.
(3)
Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require which will prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:
(a)
The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.
(b)
Estimates of the economic base of the section or sections, supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values, costs of maintenance and services to be borne by public and private agencies, potential rental scale costs of utility installation, the financial ability of the developer to complete the plan and such other financial considerations as the Planning Board shall deem applicable.
(c)
Estimates of its population characteristics, such as the size and composition of future population in terms of probable family sizes of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental sales; and related considerations.
(d)
Such further reasonable evidence and facts that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.
(4)
Upon finding that the plan and specifications for the proposed development of the section or sections conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, such permit may be issued. Upon substantial completion of any section or stage, which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions of other previously completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for its action and approval. Upon finding that such compliance has occurred, the Board shall initiate proceedings for the review of the new section or stage.
(5)
As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved development plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given the balance of land uses established consistent with the conditions of the development plan and the extent of variation from the social and economic estimates upon which previous approval may have been based.
(6)
Notwithstanding the aforementioned conditions and regulations, the following schedule for land development prevails:
(a)
No building permit shall be issued for more than 25% of the residential units until at least 15% of the total commercial development contemplated by the total development plan has been constructed and for which certificates of occupancy have been issued.
(b)
Following the issuance of certificates of occupancy for 15% of the total commercial buildings of the development plan, then building permits may be issued for no more than an additional 25% of the total of the residential units of the development plan. No further residential permits shall be issued until an additional 25% of the total contemplated commercial development is constructed and for which certificates of occupancy have been issued.
(c)
Following the issuance of certificates of occupancy for the additional 25% of the commercial building area, building permits may be issued for an additional 25% of the total of the residential units of the development plan. No further residential permits shall be issued until an additional 35% of the total of the commercial development contemplated has been constructed and for which certificates of occupancy have been issued.
(d)
Following issuance of certificates of occupancy for 75% of the commercial areas of the development plan, the building permits may be issued for the balance of the residential dwelling units in the development plan.
I.
Additional regulations. Notwithstanding Article IV, District Regulations, relating to the requirements for single-family detached units, the following area, yard and bulk requirements shall apply in all planned developments:
[Amended 9-3-1997 by Ord. No. 97-5]
Single-Family Detached Dwelling Units | |
|---|---|
Type | Requirement |
Lot area (square feet) | 11,000 |
Lot width (feet) | 70 |
Lot frontage (feet) | 60 |
Front yard setback (feet)* | 25 |
Side yard (feet) | 12 |
Rear yard (feet) | 25 |
Two-Family or Twin Dwellings | ||
|---|---|---|
Type | Building | Unit |
Lot area (square feet) | 17,000 | 10,000 |
Lot width (feet) | 100 | 60 |
Lot frontage (feet) | 90 | 50 |
Front yard setback (feet)* | 25 | 25 |
Side yard (feet) | 12 | 12 (1 side) |
Rear yard (feet) | 25 | 25 |
NOTES: | ||
*All setbacks shall be measured from the proposed right-of-way width for any public street as shown on the adopted State, County or Township Master Plan and/or Official Map. |