Willingboro Township
City Zoning Code
City Zoning Code
ARTICLE VI
R-1B Planned Unit Residential District
§ 370-24 Purpose and intent.
It is the intent of this article to permit the development and sale of a variety of single-family dwellings as a coordinated neighborhood on not less than 40 acres of gross land area. The primary purpose of planned unit residential development (PURD) is to encourage the best use of the land and the conservation of natural features beyond the degree feasible within the traditional pattern of land development or arrangement; to make available a mix of single-family housing types; and to provide common open space, consistent with sound overall community development, and, as a secondary purpose, community service, in the most efficient manner. Therefore, for these purposes, the following regulations shall apply.
§ 370-25 Permitted uses.
§ 370-26 Permitted accessory uses.
§ 370-27 Area and bulk requirements.
§ 370-28 Conditional uses.
§ 370-29 Additional requirements.
A.
A planned unit residential development may contain the following uses:
(1)
One-family dwellings, provided that no more than a single such dwelling exists on a single lot.
(2)
Public schools, parochial schools and all nonprofit private schools, including colleges and universities, but excluding trade or business schools, subject to the requirements of § 370-18.
(3)
Municipal buildings, municipal utilities buildings and services, emergency squad facilities, volunteer firehouses and parks and playgrounds as deemed necessary by the Township Council of Willingboro.
(4)
Churches.
(5)
Office of a professional person residing on the premises, provided there is no display of advertising other than a professional nameplate. Such professions shall be limited to physicians, dentists, chiropractors, chiropodists, optometrists, attorneys, ministers, accountants, psychologists, architects and engineers.
(6)
Temporary buildings for uses incidental to construction work, provided such buildings are well maintained and removed upon completion or abandonment of the construction work.
(7)
The growing of field or orchard crops.
(8)
Model home exhibits and accessory sales offices in conformance with all zone requirements.
(10)
Townhouses, subject to the requirements of § 370-19C(1) through (5).
C.
Area and bulk requirements.
(1)
The minimum tract size of a planned unit residential development shall be 40 acres of gross land area.
(2)
Within a planned unit residential development, there shall be no minimum lot area requirement, provided that the minimum total floor area requirements are met, that buildings are designed and placed to meet all requirements of the New Jersey Housing Code[1] for the provision of light and air, and that subsequent requirements within this article are satisfied.
(3)
The minimum width of any townhouse lot shall be 20 feet, and the minimum width of any single-family detached dwelling lot shall be 50 feet.
(4)
Within a planned unit residential development, the required front yard for each townhouse structure shall be an average of 20 feet, and no front yard shall be less than 15 feet, except that private garages may be permitted within the required front yard area, providing that at least 300 square feet of open area shall remain in the front yard.
(5)
Within a planned unit residential development, the required front yard for a single-family detached dwelling shall be 25 feet, except that private garages may be permitted within the required front yard area, providing that at least 600 square feet of open area shall remain in the front yard.
(6)
Within a planned unit residential development, the minimum rear yard for a townhouse shall be 18 feet, except that the structure may extend into the rear yard area, providing that it shall not be closer than six feet to the rear lot line and that a minimum of 600 square feet is maintained on the lot as open space, of which at least 200 square feet shall be fenced, private and open and located not closer to any street line than the closest wall of any structure, including a garage, and further provided that, in the event that the fenced, private and open area is on the street side of the dwelling structure, another yard on the same lot shall front upon common open space or public land.
(7)
Within a planned unit residential development, the minimum rear yard for a single-family detached dwelling shall be 20 feet, except that the structure may extend into the rear yard area, providing that it shall not be closer than six feet to the rear lot line and it shall not be closer than five feet to a side lot line, and providing that a minimum of 2,000 square feet is maintained on the lot as open space, of which at least 1,200 square feet shall be closed and private and to the rear of the front building line without consideration of a private garage which may extend into the front yard area.
(8)
Within a planned unit residential development, the side yard of any single-family detached dwelling unit may be only five feet; providing, however, that such side yard is included within the area made available for use by an adjacent detached dwelling unit by easement, reserving only maintenance rights to the owner thereof, and providing that no two adjacent detached dwelling units shall be closer than 12 feet to each other at any point, except that private garages may share a common wall in lieu of maintaining a twelve-foot separation. In the absence of such easement, the side yard requirement shall be six feet on one side and a total of 13 feet on both sides.
(9)
Within a planned unit residential development, a single-family detached dwelling unit which has utilized none of the options available within a PURD Zone District, which meets the standards (a, b, or c) of § 370-7 for one-family dwellings in a PURD Zone District, and which has assigned no land by easement shall be governed by the fence regulations set forth in § 370-74 of this chapter. All other dwelling units shall be exempted from those regulations; providing, however, that fences shall be erected, but only by the developer in accordance with an approved site plan. No additional fences and no alteration of fences shall be permitted within a PURD Zone District on lots covered by this exemption.
(10)
Within a planned unit residential development, no townhouse structure shall be closer to another townhouse structure or accessory building than 30 feet, measured perpendicular to the building walls. Wherever the front yard requirement shall apply to a side yard of a townhouse structure because of frontage of that side yard on a public street, the requirement of 15 feet may be reduced to five feet, providing the abutting street is a court (not a through street) and that any sidewall so situated shall be constructed without windows and of materials as set forth in § 370-29F below.
(11)
Dwelling unit area.
(a)
Within a planned unit residential development, the dwelling unit types shall be related to the gross land area to provide the following area, on the average, for each dwelling unit:
[1]
One-bedroom townhouse: 6,000 square feet.
[2]
Two-bedroom townhouse: 9,000 square feet.
[3]
Three-bedroom townhouse: 13,000 square feet.
[4]
One-bedroom detached dwelling: 10,000 square feet.
[5]
Two-bedroom detached dwelling: 12,000 square feet.
[6]
Three-bedroom detached dwelling: 15,000 square feet.
[7]
Four-bedroom detached dwelling: 20,000 square feet.
(b)
The sum of the multiplication of the total number of units of all types by the appropriate square footage above must be no more than the gross land area.
(12)
Within a planned unit residential development, the density shall not exceed 2.9 dwelling units per acre of gross land area or 3.9 dwelling units per acre of net land area.
D.
Open space. At least 20% of the gross land area of any planned unit residential development shall be devoted to permanent open space or to public use, not including required public improvements or private streets. The specific land area to be devoted to this requirement shall be acceptable to and approved by the Township. All land subject to flooding shall be included within the permanent open space and in addition thereto, even though the twenty-percent requirement may be exceeded. There shall be 2.5 acres of usable open space, other than required improvements, for each 25 acres of gross land area within the proposed development.
(1)
The developer may offer for dedication for public use and maintenance all or any portion of the permanent open space required hereunder for use as one or more of the following: park or playground, woodland conservation site, pedestrian walkway, stream course, or drainage control area, public school facility, or any other use approved by the Township. The applicable governmental body may, at any time and from time to time, accept the offer of dedication.
(2)
Maintenance of open space.
(a)
If any or all of the permanent open space is not dedicated for public use and maintenance, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development. 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, and 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.
(b)
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Manager 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, and 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 which shall be held within 15 days of notice. At such hearing, the Township Manager may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 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. Before the expiration of the year, the Township Manager shall, upon the Township Manager's 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, to be held by the Township Manager, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Manager shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township Manager shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in 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 Township Manager in any case shall constitute a final administrative decision subject to judicial review.
(c)
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 the properties and shall 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.
(3)
The open space owned and maintained by the organization may be used in one or more of the following ways: park or playground, woodland conservation site, pedestrian walkway, stream course or drainage control area, golf course or country club, private swimming pool or swimming club, marina, tennis courts, equestrian trails and private stables, children's nursery or day-care center, or any other recreational use approved by the Township.
(4)
Whether or not land is offered for dedication to the Township or other governmental body, all such land shall be improved to meet Township standards and in accordance with the approved site plan.
E.
Every dwelling unit constructed within a planned unit residential development shall be connected to the municipal water and sewer system. The developer shall be responsible for the installation of approved water and sewer facilities within the planned unit residential development. In addition, the developer shall install streets, roads, drives, parking facilities, sidewalks, and other required improvements. All such improvements and any other improvements affecting the public interest, whether to be offered for public dedication or remaining in private ownership, shall be installed and maintained in accordance with appropriate ordinances of the Township, applicable to public improvements, and specifications for same shall be approved by the Township Engineer prior to the issuance of any building permit or the commencement of construction of any unit.
F.
Wherever an easement provides for the use of a portion of a lot by an adjoining lot owner and such easement abuts a structure, the wall of that structure adjacent to the easement shall be constructed of a maintenance-free material.
G.
Approval procedures.
(1)
The Planning Board shall review all drawings and materials submitted and determine conformance with the standards of this chapter, the Township Master Plan, and Chapter 205, Land Subdivision and Site Plan Review, of the Code of the Township of Willingboro. Upon satisfaction that the submittal meets all requirements, the Planning Board may approve the planned unit residential development. The Planning Board shall, within 95 days after its receipt of such drawings and materials, approve or disapprove the proposed development.
(2)
Site plan review. Before a planned unit residential development is approved, the applicant shall have submitted to the Planning Board a set of detailed plans showing lot and street arrangement, existing topography, proposed finished grades, proposed building locations, proposed fencing density patterns, site design, proposed landscaping, areas to be devoted to open space or public use, and elevations of proposed buildings. A preliminary site plan, sufficient in detail only to show intent, may be submitted by the developer for discussion with the Planning Board.