[Amended 8-25-75 by Ord. No. 0-12-75; 7-22-87 by Ord. No. 0-24-87; 4-13-88 by Ord. No. 0-6-88]

A. The development and improvement of land in the Township of Winslow for residential, business or commercial and industrial use having become increasingly more attractive and desirable because of new and improved roads and transportation facilities installed or being installed, and because population trends are towards the suburban areas which must of necessity involve and affect the Township of Winslow, and, also, because of new and increasing industries locating in the township which induce an influx of new residents and new area developments, it becomes imperative that the Township of Winslow provide proper and adequate means for such development consistent and in conformity with the provisions of the Municipal Land Use Law (1975), N.J.S.A. 40:55D-1 et seq., as an additional means of land use and zoning in the Township of Winslow.

B. In order that the public health, safety, morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; to provide for necessary commercial and educational facilities conveniently located to such housing; to provide for well-located, clean, safe and pleasant industrial sites involving a minimum of strain on transportation facilities; to encourage the planning of new towns; to ensure that the provisions of N.J.S.A. 40:55D-62 et seq., which direct the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot-by-lot development in a manner that would distort the objectives of N.J.S.A. 40:55D-62 et seq.; and to encourage innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; so that greater opportunities for better housing and recreation, shops and industrial plants conveniently located to each other may extend to all citizens and residents of the township; in order to encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; to lessen the burden of traffic on streets and highways; to encourage the building of new towns incorporating the best of modern design; to conserve the value of the land; and, in aid of these purposes, to provide a procedure which can relate the type, design and layout of residential and commercial development to the particular site and the particular demand for housing and other facilities, including the foregoing, at the time of development in a manner consistent with the preservation of the property values within established residential areas and to ensure that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay, the following powers are granted for the purpose of:

(1) Authorizing the Planning Board to grant general development plan approval to provide the increased flexibility desirable to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development and setting forth any variations from the ordinary standards for preliminary and final approval.

(2) Requiring that any common open space resulting from the application of standards for density or intensity of land use be set aside for the use and benefit of the owners or residents in such development subject to N.J.S.A. 40:55D-31.

(3) Setting forth how the amount and location of any common open space shall be determined and how its improvement and maintenance for common open space use shall be secured subject to N.J.S.A. 40:55D-31.

(4) Authorizing the Planning Board to allow for a greater concentration of density or intensity of land use within a section or sections of development, whether it be earlier, later or simultaneous in the development, than in others.

(5) Setting forth any requirement that the approval by the Planning Board of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by grant of easement or by covenant in favor of the municipality, provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for preliminary approval is filed, so that flexibility of development can be maintained.

(6) Setting forth any requirements for timing of development among the various types of uses and subgroups thereunder and, in the case of planned unit development and planned unit residential development, whether some nonresidential uses are required to be built before, after or at the same time as the residential uses.

(7) Requiring a developer, as a condition for approval of a subdivision or site plan, to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to N.J.S.A. 40:55D-28b(4) and (5) and shall establish fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one (I) year of such payment in order to preserve the right to a judicial determination as to fairness and reasonableness of such amount.

The local public agency which shall administer this Article and the powers hereunder is the Planning Board.

The following uses shall be permitted in Planned Community Districts:

A. Dwelling units in detached, semidetached, attached, groups of attached or clustered or multistoried structures or any combination thereof.

B. Any nonresidential use, to the extent that such nonresidential use is designed and intended to serve the residents of the Planned Community and such other users as exist or may reasonably be expected to exist in the future.

C. Public and private educational and recreational facilities.

The timing of development among the various types of uses and subgroups thereunder shall be regulated by the Planning Board which shall specify whether some nonresidential uses are to be built before, after or at the same time as the residential use and shall require a performance guaranty, approved by the Solicitor as to form, to ensure that the plan is developed in accordance with the planned community approved by the Planning Board.

A. Only such districts within the township as have been designated on the Master Plan and Zoning Ordinance or approved by amendment thereto may be used as sites for planned communities or planned unit development.

B. In consideration of the amount, location and proposed use of common open space, exclusive of the building area, for recreation and natural areas not necessarily contiguous, the location and existing physical characteristics of the site of the proposed planned community and the location, design and type of dwelling units and other uses, the densities may be varied. However, densities for residential use shall not be greater than an average density of four (4) dwelling units per gross acre throughout any planned community. For purposes of calculating density, the planned community shall include all acreage within the district boundaries as provided in § 294-71.

C. Residential dwelling types.

(1) Single-family detached dwellings.

(a) There shall be permitted five (5) different lot types for one-family detached dwellings in the planned community, to be known as "PC Districts I, II, III, IV and V."

(b) The following is the Schedule of Height, Area and Bulk Limitations for PC Districts I-V.

(2) Townhouse developments.

(a) For the purpose of avoiding developments resembling what have been customarily referred to as "row houses," there shall lie within any continuous group of attached townhouses at least three (3) different architectural plans having substantially different designs and exterior elevations. In addition, no more than three (3) continuous attached townhouses shall have the same front setback.

(b) There shall be off-street parking areas which shall provide two (2) parking spaces for each townhouse dwelling unit, together with provisions for visitor parking as determined by the Planning Board.

(c) Those portions of any townhouse development which are not utilized for actual dwelling units or required accessory uses may be devoted to one (1) or more of the following uses:

[1] Open space areas which may be designated for dedication to the Township of Winslow or other governmental agency and may include land for the following uses: public parks and playgrounds, woodland conservation areas, pedestrian walkways, stream drainage and control areas and school facilities.

[2] Private recreational facilities of the following types: golf courses and country clubs, private swimming pools and swim clubs and tennis courts.

[3] Privately maintained woodland conservation areas, gardens, commons or similar open space areas.

(d) The land and/or facilities comprising the aforementioned private recreational uses may be owned and operated individually, jointly or in any other recognized legal capacity, but the maintenance of the same shall be the responsibility of the owner.

(e) Improvement and maintenance of common open spaces.

[1] In order to secure proper improvement and maintenance of all common open space, the developer shall provide for and establish an organization for the ownership and maintenance of the same. Such organization shall not be dissolved, nor shall it dispose of any common space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the township or other governmental agency designated by the township. The Planning Board shall make findings concerning the operation of the organization for the township and maintenance of any common open space. It shall consider the following:

[a] The time when the organization is created.

[b] The mandatory or automatic nature of membership in the organization by residents or successors.

[c] The permanence of open space safeguards.

[d] The liability of the organization for insurance, taxes and maintenance of all facilities.

[e] Provisions for pro rata sharing of costs and assessments.

[f] The capacity of the organization to administer common facilities and preserve the benefits of common open space.

[2] In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time, fail to maintain the common open space in reasonable order and condition, the municipality may serve written notice upon such organization and upon the members and owners thereof setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of notice. At such hearing, the municipality may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty-five (35) days or any extension thereof, the municipality, in order to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the members and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by such municipal body or officer, at which hearing such organization or the members and owners shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for the succeeding year. If the designated municipal body or officer, as the case may be, shall determine that such organization is not ready and able to maintain said common open space in reasonable condition, the municipality may, in its discretion, continue to maintain said common open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the township in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the municipality shall be assessed ratably against the properties that have a right of enjoyment of the common open space and shall become a tax lien 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 the other taxes.

(f) The developer shall -make proper and adequate provision for the installation of streets, sidewalks and curbs and water, sewerage and drainage facilities and other improvements as specified by and in accordance with the requirements of the Land Subdivision Ordinance of the Township of Winslow.

(g) No more than eight (8) townhouse units shall be contained in one (1) townhouse structure.

(h) Setback and height.

[1] No townhouse shall be set back less than twenty-five (25) feet from the right-of-way line of any public road.

[2] The minimum distance between all buildings shall not be less than thirty (30) feet.

[3] No structure shall be closer than twentyfive (25) feet to any property line.

[4] The height of all buildings shall not exceed thirty-five (35) feet.

(i) Buffer. Landscape buffer screens which may consist of undisturbed natural vegetation will be located where necessary between sections of different types of units and to protect off-site developments as may be determined by the Planning Board.

(j) Townhouses may be fee simple or condominium ownership.

(3) Apartment houses.

(a) Dwelling requirements.

[1] The number of stories for multifamily residential uses shall not exceed three (3), with a maximum height not to exceed forty-five (45) feet.

[2] Of the units per acre, a minimum of twenty percent (20%) shall consist of one-bedroom units, and no more than ten percent (10%) shall consist of three-bedroom or larger units.

[3] Maximum land coverage: twenty percent (20%).

[4] Minimum floor area:

(b) No apartment building shall be constructed closer to a lot or property line than the maximum height of the building or fifty (50) feet, whichever is greater.

(c) There shall be off-street parking facilities which shall provide an average of one and seventy-five-hundredths (1.75) parking spaces for each one-bedroom unit, two (2) parking spaces for each two-bedroom unit and two and twenty-five-hundredths (2.25) parking spaces for each three-bedroom unit, together with visitor parking spaces as determined by the Planning Board, which shall be in accordance with parking requirements specified hereafter.

(d) Each dwelling unit shall comply with all applicable Federal Housing Administration standards regarding minimum habitable area.

(e) Garbage and refuse pickup stations or units shall be of such size and capacity as will provide adequate and well-located space for garbage and refuse. Pickup units or stations shall be located in the rear or side of the buildings and shall be housed in an appropriate structure.

(f) Sidewalks and curbs shall be installed on all streets to be dedicated, as required. All streets must connect with access to main arteries or public roads.

(g) No apartment building shall be erected in excess of three (3) stories and a height not to exceed forty-five (45) feet, front and rear.

(h) Rear yard requirements shall be no less than fifty (50) feet from each building to the lot line or the height of the building, whichever shall be greater.

(i) Side yard requirements shall be no less than fifty (50) feet from each building to the lot line or the height of the building, whichever shall be greater.

(j) The distance between buildings shall be no less than thirty (30) feet.

(k) All apartments must provide adequate landscaping, with at least one (1) approved tree per unit, and must be maintained by the owners of the apartment development.

(l) Those portions of any apartment house site which are not utilized for the principal structure or required accessory uses must be devoted to one (1) or more of the following uses:

[1] Open space areas which may be designated for dedication to the Township of Winslow or other governmental agency and which may include land for the following uses: public parks and playgrounds, woodland conservation areas, pedestrian walkways, stream drainage and control areas and school facilities.

[2] Private recreational facilities of the following types: golf courses and country clubs, private swimming pools and swim clubs and tennis courts.

[3] Privately maintained woodland conservation areas, gardens, commons or similar open space area.

(m) A buffer strip shall be provided along the entire perimeter of the property on which apartments are erected, of at least twenty (20) feet in width, measured inward from the property line and retained in natural woods, or be suitably landscaped with grass and/or ground cover, shrubs and trees. No parking except for direct access shall be allowed in this area.

(n) No front yard shall be used for purposes of service to the dwellings. Such services as are specifically prohibited are garbage or refuse disposal or disposal of stationary units, any storage space and laundering facilities and clothes-drying facilities or recreational facilities.

(o) Adequate provisions shall be made for storm and sewage collections, the latter in accordance with the approval for the Planning Board.

(p) Outside lighting shall be provided and shall be so arranged as not to affect adversely the enjoyment of any adjacent residential buildings or streets, sidewalks and pedestrian walkways.

D. To encourage flexibility of housing density, design and type intended by the planned community enabling legislation, in cases of a planned development proposed to be developed over a period of years, deviations or waivers may be authorized from the density or intensity of residential dwelling types established for the entire planned community development, provided that the average density of the gross acreage of the planned community does not exceed four (4) dwelling units per acre calculated on the basis of the gross acreage of the Planned Community District boundaries. Notwithstanding the design standards set forth herein, the Planning Board may grant deviations and waivers therefrom and may allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it be earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation of common open space on the remaining land by a grant of easement or covenant in favor of the municipality. Such reservation shall, as far as practicable, defer the precise location of such common open space until an application for preliminary approval is filed.

A. Commercial, research, mixed-use and office uses shall be limited to fifteen percent (15%) of the gross acreage of the planned community.

B. Commercial uses and buildings designed and intended to serve the residents of the planned community. Commercial development catering to the regular shopping and service needs of the occupants of nearby residential users may be provided by:

(1) Providing the business with appropriate space and, in particular, sufficient depth from the street to satisfy the needs of modern local retail development, including the need for off-street parking spaces in- areas to which a large proportion of shoppers come by automobile.

(2) Protecting both business development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

(3) Protecting both business development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential, by regulating the intensity of business development, by restricting those types of establishments which generate heavy traffic and by providing for sufficient off-street parking and loading facilities in accord with provisions of this chapter specified hereafter.

(4) Providing sufficient space in appropriate locations for commercial and miscellaneous service activities.

(5) Promoting the most desirable use of land and direction of building development in accord with a well-considered plan to promote stability of commercial development, to strengthen the economic base of the township; to protect the character of the planned community and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the township's tax revenue.

(6) Providing that not more than forty percent (40%) of the area of the plot be occupied by buildings, that the distance between buildings shall be in no case less than fifty (50) feet or the height of the building, whichever is greater, that garage or parking space be provided as approved for the project and that landscaped buffers be provided as approved for the project.

C. Laboratory, research, office or other work establishments that may be reasonably expected to exist in the future may be provided by:

(1) Providing sufficient space, in appropriate locations, to meet the needs of expected future economy, with due allowance for the need for a choice of proper sites.

(2) Protecting both business development and nearby residences from the danger of fire, explosion, toxic and noxious matter, radiation and other hazards and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

(3) Protecting laboratory, office and research development against congestion, as far as is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land around them and to one another and by providing space off public streets for parking and loading facilities associated with such activities.

(4) Promoting the most desirable use of land and direction of building development in accord with a well-considered plan to promote stability of development, to strengthen the economic base of the township, to protect the character of the Planned Community and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the township's tax revenues.

(5) Providing that not more than forty percent (40%) of the total area of the plot be occupied by buildings, that the distance between buildings shall be in no case less than thirty-five (35) feet or the height of the building; whichever is greater, that garage or parking spaces be provided as approved for the project and that landscaped buffers be provided as approved for the project.

D. Mixed-use buildings containing office uses and/or commercial uses and/or residential uses, provided that at least two (2) of the three (3) types are included. No one (1) use shall exceed seventy-five percent (75%) of the floor area. Mixed-use development may be provided by:

(1) Providing the mixed-use buildings with appropriate space and, in particular, sufficient depth from a street to satisfy the needs of a modern mixed-use development, including the need for off-street parking which may be shared by different uses.

(2) Protecting both business development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

(3) Promoting the most desirable use of land and direction of building development in accord with a well-considered plan to promote stability of development, to strengthen the economic base of the township, to protect the character of the planned community and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the township's tax revenues.

(4) Providing that no mixed-use building shall exceed a height of forty-five (45) feet, measured from the highest point of the roof to the highest elevation of ground at the foundation wall, that buffers shall not be required between uses within a mixed use development and that the distance between buildings in a mixed-use district shall not be less than twenty (20) feet.

(5) Providing that not less than ten percent (10%) of the entire tract shall be devoted to landscaping or natural vegetation. All parking and service areas shall be so screened that said areas are shielded from adjacent areas, as approved by the Planning Board.

E. To encourage flexibility of commercial, research, mixed-use and office densities, design and type intended by the planned community enabling legislation, in case of a planned development proposed to be developed over a period of years, deviations or waivers may be authorized from the density or intensity of commercial, research, mixed-use or office types established for the entire planned community development, provided that the aggregate of such uses does not exceed fifteen percent (15%) of the gross acreage of the Planned Community District. The Planning Board may allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it be earlier or later in the development, than upon others. The approval of the Planning Board of a greater concentration of density or intensity of land use for any section to be developed must be offset by a smaller concentration in any completed prior stage, or there must be an appropriate reservation of common open space on the remaining land by a grant of easement or covenant in favor of the municipality. Such reservation shall, as far as practicable, defer the precise location of such common open space until an application for preliminary approval is filed.