3. Distribution of Residential Units. Within the PRD-4, PRD-4S, and the PRD-6 Zones, the distribution of residential dwelling units shall be governed by the standards presented in the following table:
Minimum and Maximum Limits for Various types of Dwellings in Planned Residential Development
1. Planned Residential Development Open Space.
1. Required Amount. Each planned residential twenty (20%) percent of its total land area in planned residential open space.
2. Computation. Any required planned residential development open space may include common recreation areas for residential uses, and required buffer areas for computation purposes as well as other permitted open space functions as defined herein.
3. Modification. The Planning Board, at its discretion, shall have the right to reduce the minimum area of planned residential development open space if all of the following conditions are met:
(a) If one (1) or more tracts, parcels or lots are required to be dedicated for public purposes, including but not limited to schools, fire stations, police facilities, libraries or other similar Municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements; or roadways or any other recreational facilities or other similar dedication required by this Chapter.
(b) If the area of planned residential development is not reduced to less open space than fifteen (15%) percent of the total area of the planned residential development.
(c) If the total reduction in the planned residential development open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of land required for public use or public purpose dedication.
4. Ownership. If any area designated for open space of any type is to be retained by private interests, such private interests shall be required to file easements or specify reversionary interests in a deed or other similar conveyance, as determined by the Planning Board Attorney, to the appropriate governmental body or environmental commission to ensure the intended use and function of such area.
j. Circulation and Off-Street Parking Requirements in Planned Residential Developments.
1. Off-Street Parking and Loading. In any planned residential development, off-street parking and loading facilities and standards shall be in accordance with the Township Site Plan Ordinance.
Street Requirements. The right-of-way and pavement widths of all internal streets, roads and vehicle-traveled ways shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting and police vehicles.
All streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to all Township ordinances as well as the laws of the State of New Jersey with regard to construction
The Planning Board shall be guided by the following criteria of street grades, but shall have the authority to modify same where exceptional circumstances warrant: six (6%) percent for major and arterial streets and ten (10%) percent for collector and local streets. Exceptions to these limitations shall be made after review and written approval by the Township Engineer and Planning Consultant.
(d) When deemed necessary by the Planning Board, the applicant shall provide a continuous street circulation system with adjoining land areas.
(e) Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Planning Board or governing body, as provided by law.
k. Other Improvements.
1. Utility Improvements.
(a) Every planned residential development shall be serviced by a centralized water and sanitary sewerage system.
(b)All utility improvements, including storm drainage systems, sanitary sewage collection and disposal and water supply systems, shall be in accordance with standards and procedures as established by local, County and State regulations. Improvements shall be subject to review and approval by the Township Engineer and the Township Board of Health, as well as appropriate County and State agencies. Water supply facilities shall be subject to review and approval by the Township Engineer, the Township Fire Prevention Bureau and the Township Water Department and the Water and Sewer Consultant, and must also meet all of the environmental requirements of this Chapter.
2. Electric, Gas and Telephone Service.
(a) Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Service shall be provided as part of an underground system.
(b) If such facilities cannot be reasonably provided due to topographic or geologic condition of the land due to technological circumstances, and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Planning Board, a waiver of this requirement may be granted by the Planning Board.
3. Street improvements. Monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction as well as other improvements shall be subject to local regulations and Township Engineer approval.
1. Environmental Standards. Any application for a planned residential development shall adhere to the environmental criteria established in Chapter XXII, Site Plan Review. All buildings or structures which shall be erected and any existing buildings or structures which are to be moved, enlarged, altered or added to and any land, buildings or structures which are to be designed, used or intended to be used shall comply with these requirements.
1. There shall be a zero (0%) percent increase in runoff for all property in its natural or existing state in accordance with Township requirements.
2. All principal buildings shall be set back a minimum of twenty (20') feet from the high watermark of any stream or watercourse. All stream and watercourse corridors within this twenty (20') foot distance shall remain in their natural state except where necessary to provide utility easements or connecting roadways. The Planning Board shall, in addition, require an easement of not less than fifteen (15') feet along each side or edge of the body of water, provided same is not wholly within the subject property.
3. No sanitary sewage disposal systems through land disposal shall be located within four (4') feet of any water table during any period of the year. Where natural water levels are closer than four (4') feet to the ground surface during any period of the year, there shall be no fill permitted in order to create an otherwise satisfactory land disposal, except where permitted by the Township Board of Health. No seepage field for sanitary sewage disposal shall be located nearer than three hundred (300') feet to any channel or surface watercourse. There shall be no point source pollution in any stream or waterway in the Township, as measured against the most recent studies or measurements of these waterways.
4. All Federal and State requirements affecting potable water shall be adhered to.
5. All groundwater sources in areas of limestone or fractured bedrock shall not be located within one hundred (100') feet from any sewage disposal facility.
6. No development shall impede the existing waterways or streams or substantially alter the hydrology of the area.
7. In any planned residential development, no development shall occur in any area with a topographic slope of sixteen (16%) percent or greater.
8. All environmental criteria shall be adhered to as promulgated by the Township and all appropriate County, regional, State and Federal requirements.
m. Comprehensive Plan. The applicant for a planned residential development shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. The plan shall be submitted in accordance with Chapter XXVI, Land Subdivision, Chapter XXII, Site Plan Review, Chapter XXIV, Zoning, and other applicable Municipal, County and State regulations.
The comprehensive plan shall be submitted as a part of the preliminary application.
n. Staging. As permitted under N.J.S. 40:55D-39 subsection C.(6), each planned residential development shall be developed in stages as outlined herein: Application for final site plan approval or final subdivision approval or both shall be limited to a maximum of thirty-three (33%) percent of the total number of housing units authorized by the Approving Authority at the preliminary application stage described in subsection m. above. Once a final stage is approved by the approving authority, the second stage shall not be submitted for consideration by the approving authority for a period of less than six (6) months. All subsequent stages shall likewise have a waiting period of no less than six (6) months from the time of approval granted by the approving authority of the preceding stage.
0. Sequence of Stages. In the deliberation of the proposed sequence of stages, the approving authority shall be guided by the following criteria and factors:
1. That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
2. That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
3. That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants and other formal agreements.
4. That the land owner will provide a balanced distribution for development in each stage. The disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
p. Final Approval, Compliance with Comprehensive Plan. A plat submitted for final approval shall be required to be in total compliance with the Township zoning ordinance and to be in substantial compliance with the comprehensive preliminary plan, granted by the approving authority. For an entire site, a plan shall be deemed to be in substantial compliance where the plat does not:
1.Vary the proposed residential density or intensity of use by more than two (2%) percent;
2.Does not involve a reduction in open space or the substantial relocation of such area, or increase by more than three (3%) percent of the total lot coverage;
3. Nor involve the increase in height of any building greater than permitted in the zoning ordinance. Any plat which is not in compliance with the comprehensive preliminary plan for the entire site shall require an amendment to the preliminary approval including new public hearings.
q. No person, firm or corporation, or agents, servants or representatives of any of the foregoing, shall occupy, or permit the occupancy of any adult home dwelling unit unless and until a certificate of occupancy shall first have been obtained from the Construction Official of the Township, to assure that occupancy will not be in violation of any of the terms and conditions of this Chapter. (Ord. #574; Ord. #622; Ord. #732; Ord. #815; 1976 Code §179-28)
a. Buffer Zone Requirements.
1. All commercial, industrial and apartment uses adjoining or abutting a residential zone or institutional or public use shall provide a buffer strip or buffer zone on the side or sides facing said use or zone in accordance with the following table.
Buffer Zone Requirements
PED Zone A minimum buffer of 15 feet shall be provided along every area that abuts a property used for residential purposes; and
**Webmasters Note: The previous buffer requirement has been added as per Ordinance No. 1448.
2. No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.
3. No access or driveways, other than as may be permitted herein, shall be permitted within the buffer zone.
4. The buffer zone shall be kept in its natural state where wooded, and when natural vegetation is sparse, plant material at least six (6') feet in height and a solid or tightly woven fence may be required so as to provide a year-round visual screen by the Planning Board. The planting may be placed in suitable areas in the buffer zone as shall be required by the Planning Board and the Shade Tree Commission of the Township.
5. Within the buffer zone, underground utility easements shall be permitted. actually used in connection with immediate or current construction activity or safety protection activity on the site. (Ord. #574; Ord. #622; 1976 Code §179-29; Ord. #912; Ord. #1247, §II; Ord. #1293, §I) annul other rules, regulations or ordinances, provided that where this ordinance imposes greater restrictions, the provision of this subsection shall apply. (Ord. #574; Ord. #883; 1976 Code §179-49; Ord. #1122, §VII)
**Webmasters Note: The previous 24-6.10 through 24-6.11 is current as per Supplement No. 9.
6. The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.
7. The provisions of paragraph b., 3. shall also apply
b. General Landscaping Requirements.
1. Fencing. All fences erected in the Township must be erected so as to have the finished side facing the neighboring lot. No fence shall be erected higher than six (6') feet in height when located behind the front facade line of the principal structure. No fence shall be erected higher than four (4') feet in height when located within the front yard as defined in subsection 24-2.2. Notwithstanding anything contained in this subsection, the fencing of private tennis courts shall comply with the provisions of subsection 24-6.8.
2. Fencing on corner lots shall meet the same requirements as set forth in paragraph b., 1. for interior lots. For the purposes of this paragraph b., 2. only, the side yards of corner lots shall not require front yard dimensions.
3. No fence can be erected within the sight triangle of an intersection as provided for by the existing land use regulations of the Township.
4. Enclosed Uses. Any enclosed use required by this Chapter to be landscaped shall be provided with a fence or a visual screen designed to produce a dense cover consisting of evergreen or evergreen type hedges or shrubs, spaced at intervals of not more than six (6') feet, located and maintained in good condition within ten (10') feet of the property line or as shall be determined by the Planning Board. The Planning Board, in the alternative, may require a landscaped earth berm not less than five (5') feet in height.
5. Unenclosed Uses. Any use which is not conducted within a completely enclosed building, such as required off-street parking, shall be entirely enclosed by a solid or closely woven fence or by evergreen hedges or shrubs spaced at intervals of not more than six (6') feet, located and maintained in good condition, within ten (10') feet of the property line or the zone district boundary line or as shall be determined by the Planning Board. In the alternative, the Planning Board may require a landscaped earth berm not less than five (5') feet in height.
6. Maintenance.
(a) Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this Chapter. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this Chapter, in accordance with subsection 24-11.5, paragraph c.
(b) Whenever a buffer or landscaping requirement is imposed, and to the extent that same is in fulfillment of the requirements of this Chapter or any other Township ordinance, a guaranty in the form of a surety bond, cash or security deposit shall be required.
7. Temporary fences (including but not limited to snow fences, construction fences, safety fences and filter fences) are not permitted in the Township of Mahwah for periods in excess of thirty (30) days except when such fences are being actually used in connection with immediate or current construction activity or safety protection activity on the site. (Ord. #574; Ord. #622; 1976 Code §179-29; Ord. #912; Ord. #1247, §II)
**Webmasters Note: The previous 24-6.11 a6 through b7 is current as per Supplement No. 8.
