Rockaway Township City Zoning Code
§ 54-21.13
Planned developments.
[Ord. No. 95-24 § 54-53]
In addition to the procedures for filing, completeness determination and review provided by this section, the following provisions shall apply to applications which involve planned development:
A.
Variation in density or intensity. The standards for permitting variation in density or intensity in a planned development shall be as set forth in the specific district regulations in Section 54-30. In the case of cluster development, the maximum number of lots which may be permitted shall be computed by providing the Board with a plan which shows a subdivision concept layout of the property as it could be developed as a conventional subdivision in conformance with all the regulations of the Land Use Ordinance. This subdivision concept plan shall provide all the information required pursuant to Subsection 54-28.4 and shall also include road profiles, a wetlands delineation pursuant to the National Wetlands Inventory Map and a floodplain delineation pursuant to the most recent Federal Flood Insurance Rate Map. The cluster development shall be entitled to the same number of lots that the conforming conceptual subdivision would be entitled to, taking into account good planning, zoning, and engineering principles as determined by the Board.
B.
Development timing for uses and dwelling types. The standards for the development timing for the various uses and/or dwelling types in a planned development shall be as set forth in the specific district regulations in Section 54-30.
C.
Open space ownership and maintenance. Any subdivision which involves planned development shall either dedicate any resulting open space land to the Township or shall make provision for the establishment of an open space organization which shall own and maintain the open space for the benefit of owners or residents of the development. Any area to be dedicated to the Township for open space purposes under the terms of this section shall be at a location and shape as approved by the Planning Board. If any open space areas are to be owned and maintained by an organization for the benefit of owners and residents of the development, then the following provisions shall apply:
(1)
Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development. Thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township of Rockaway.
(2)
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Planning Board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon. The hearing shall be held within 15 days of the notice.
(3)
At the hearing on deficiencies in maintenance, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
(4)
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners.
(5)
Before the expiration of the year in paragraph (4) above, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.
(6)
If at the hearing the Planning Board shall determine that such organization is ready and able to maintain the open space in a responsible condition, the Township shall cease to maintain the open space at the end of the year.
(7)
If at the hearing the Planning Board shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, at its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review.
(8)
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
D.
Findings for planned development. Prior to the approval of any planned development, the Board must find the following facts and conclusions:
(1)
That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the zoning regulations authorizing such departures by planned developments in Section 54-30;
(2)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
(3)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(4)
That the proposed planned development will not have a reasonably adverse impact upon the area in which it is proposed to be established; and
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.