A. The amount, location or locations, types, configurations, topography and maintenance of common space and school sites in any proposed planned community shall be reviewed by the Planning Board. It shall make detailed findings concerning the adequacy or inadequacy of the aforementioned items in conformance with the provisions of the enabling legislation.
B. In order to secure proper improvement and maintenance of all common open space in any proposed planned community, the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space. 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 ownership and maintenance of any common open space. It shall consider the following:
(1) The time when the organization is created.
(2) The mandatory or automatic nature of membership in the organization by residents or successors.
(3) The permanence of open space safeguards.
(4) The liability of the organization for insurance, taxes and maintenance of all facilities.
(5) Provisions for pro rata sharing of costs and assessments.
(6) The capacity of the organization to administer common facilities and preserve the benefits of common open space.
C. In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the planned community, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the municipality may serve written notice upon such organization or upon the residents and owners of the planned development 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 (30) days thereof and shall state the date and place of a hearing thereon, which shall be held within fourteen (14) days of the 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 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 (30) days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the planned development and 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 residents 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 notice to such organization or to the residents and owners of the planned development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the planned development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the township shall determine that such organization is not ready and able to maintain said common open space in a 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.
D.. The cost of such maintenance by the municipality shall be assessed ratably against the properties within the planned community that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned development.
No planned community adopted pursuant to the provisions of this chapter shall be authorized that contains less than five hundred (500) dwelling units and a minimum of one hundred fifty (150) acres.
The subdivision regulations and requirements and other requirements pertaining to public facilities of the township are hereby adopted by reference insofar as they are not inconsistent with this, chapter and shall .be followed as modified by the following provisions. Where any conflict results, the provisions of this chapter shall supersede all prior regulations and ordinances.
Location of land for housing shall be determined as follows:
A. Demand for the type of housing in proposed locations.
B. Probable impact on municipal services, utilities and facilities.
C. Effect on and from land use, form and character of adjacent development.
D.. The effect on the site resulting from the transportation network, transit facilities and traffic densities.
E. The relationship of the site to existing or probable sources of danger or nuisance.
F. Housing shall be conveniently served by all community facilities.
A. Physical characteristics of the site shall be located on all base plans, and methods for preservation shall be outlined.
B. Soil and subsoil conditions must be suitable for excavation and site preparation.
C. The topography of the site and its drainage must be suitable for the proposed development and designed to prevent erosion.
D.. Natural features, such as lakes, streams, rock outcrops, topsoil, trees, natural drainageways or waterways and shrubs, must be preserved and incorporated into the final landscaping of the development, except as otherwise authorized.
E. The effects of prevailing winds, seasonable temperatures and hours of sunlight on the physical layout and form of the proposed land use and building must be taken into account.
A. Careful attention must be given to the quality of design of all buildings, land uses and street furniture, such as streetlighting, outdoor equipment and signs, by the Planning Board. Among the elements that the Planning Board must comment upon are the design of residential and nonresidential land uses and buildings, community facilities, parks and landscape and the design of street furniture. The nature, size, shape, lighting and style of all outdoor signs must be found to be in harmony with the purposes of this chapter.
B. To improve the quality of environment and to reduce the possibility of danger and inconvenience during bad weather conditions, the underground installation of electrical and telephone equipment shall be required except for existing transmission lines within the community.
C. Skillful treatment of vegetation in the development of sites shall be required.
D.. Favorable aesthetic and community appearance factors may be encouraged by the Planning Board to persist on a continuous basis.
E. The visual relationship between buildings as it relates to the visual character of an area shall be examined by the Planning Board.
F. The space between buildings, as it relates to the visual character of an area, shall be examined by the Planning Board.
G. Care shall be taken in the siting of buildings so that advantage may be taken of desirable views.
Schools shall be located away from main traffic arteries and where they are free from unnecessary distraction or nuisance. Educational facilities shall be conveniently located in relationship to housing and pedestrianways. The Board of Education shall be consulted with respect to site, size and location.
Nonresidential uses that are noxious or that emit objectionable odors, loud noises, vibrations or fumes or otherwise result in violating the purposes and provisions of this chapter will not be permitted.
A. All housing shall be designed with regard to topography and natural features of the site and focal points of the project.
B. To create and identify an interesting layout of housing fronting streets, variations in setbacks shall be encouraged.
C. All housing shall be sited so as to preserve privacy and to ensure natural light.
D. Orientation for sun and wind shall be considered.
E. Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or detracting from privacy.
A.. Trees must be preserved as approved by the municipal authority. The location of trees must be considered when planning the location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
B. The Planning Board shall inquire into the means whereby trees and other natural features shall be protected during construction. Clearing a site of topsoil, trees and natural features before the commencement of building operations shall be discouraged by the Planning Board.
A. Seeding, sodding or other planting shall be applied to stabilize topsoil and enhance the appearance of open areas when not wooded or naturally covered.
B. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system, approved by the Planning Board Engineer, will be required.
A. Shopping and office areas within the planned community must be located so as to be amenable to nearby dwelling units.
B. Such areas, including parking and loading places, must be carefully screened where adjacent to residential development.
A. Swimming pools, skating rinks and all recreational areas must be located so as to avoid nuisance to adjacent dwelling units.
B. All recreational, educational or other areas must be properly fenced or screened as appropriate to the use and enjoyment of residential development.
Refuse stations, where required, must be designed and located to be convenient for garbage removal and inoffensive to the occupants of adjacent dwelling units.
Adequate lighting must be provided to the outdoor areas used by occupants after dark. Appropriate lighting fixtures must be provided for walkways and to identify steps, ramps, directional changes and signs. Lighting shall be located to avoid shining directly into habitable-room windows in the project or into private outdoor open space which is associated with dwelling units.
Streets must be designed with regard to topography, natural features, function, clarity of movement and economy of street length. In the design of any street system, the following criteria must be taken into consideration unless waived by the Planning Board:
A. The street system must be integrated with the existing network of streets so that there are at least two (2) points of access. Where an area is to be developed in phases, each phase must provide two (2) points of access; one (1) of which may be temporary.
B. The layout must be designed to take advantage of the existing contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of piped services.
C. Where possible, natural features, such as watercourses, trees and rocks outcrops, should be preserved so that they may be incorporated into the layout to enhance the overall design of the planned community.
D.. The overall clarity of vehicular movement within the planned community must be evident, and the function of all streets must be easily identified.
E. Lots fronting on more than one (1) street must be avoided except in cases where proximity to expressways or major highways warrants it. In such case, the lot should normally front on the minor road and be screened from the major road by suitable planting or natural vegetation.
F. Where a grid or modified grid street plan is considered to be appropriate, the following factors must be taken into consideration:
(1) As few dwelling units as possible should face the shorter linking streets.
(2) Continuous street frontage should not exceed one thousand two hundred (1,200) feet. This distance can be increased to a maximum of one thousand six hundred (1,600) feet if a public paved pedestrian access of ten (10) feet minimum width is provided near the midpoint, giving access to an adjacent street.
G. The street system may utilize, where proper, the cul-de-sac, loop street, P-loop and other suitable forms of street layout. In the use of these street forms, the following factors must be considered:
(1) When a cul-de-sac is used in residential development, it must be provided with a paved turning circle of sufficient width to facilitate snow removal and to permit easy access for fire-fighting equipment and general truck delivery.
(2) The maximum length of a cul-de-sac should be six hundred (600) feet to the turning circle.
(3) A cul-de-sac must be readily identifiable as such by traffic moving on the collector street to which it is connected. Cul-de-sacs should not be located so as to appear to terminate collector streets.
(4) P-loops, which are herein defined as loop streets from a single access point, must have an entrance leg not exceeding seven hundred (700) feet and should have an emergency vehicular accessway of ten (10) feet minimum from the loop, giving direct access to an adjacent street. The loop of a P-loop should have a street length not exceeding two thousand eight hundred (2,800) feet.
H. Street widths. Street widths must reflect the function of the road. Due consideration must be given to special street width construction and paving requirements resulting from possible use of the cluster layout and commercial or industrial traffic. The Planning Board shall decide street width, construction, paving and other pertinent street considerations after consultation with the applicant and the Planning Board Engineer.
I. Street gradients. Steep gradients must be reduced to a minimum and avoided at road intersections unless there are exceptional site conditions. No residential street should have gradients in excess of ten percent (10%). The grade within a one-hundred-foot radius of an intersection should be five percent (5%) maximum.
J. Street intersections.
(1) Intersections of more than two (2) streets should be avoided where possible.
(2) Streets forming an intersection should meet one another at an angle of ninety degrees (90), plus or minus a tolerance of ten degrees (10).
(3) Junctions of any kind should be avoided where a driver's vision is likely to be obstructed.
K. Rear lanes. Unless specifically required by any governmental regulation or unless evidence can be given that rear lanes will be adequately maintained, the provision of rear lanes for single- and two-family housing units is to be discouraged by the Planning Board.
A. A garage, carport or parking area for the storage of at least two (2) cars shall be provided per single-family detached dwelling unit and also for townhouses.
B. A garage, carport or parking area shall be provided for horizontal and vertical multiple-dwelling housing units as required pursuant to § 294-46 C (3) (c).
C. Additional parking facilities may be provided where required because of the type or size of the dwelling unit or its location in relation to surrounding areas.
D. Parking for nonresidential land use and buildings shall be determined as follows (uses and minimum. required for off-street parking spaces):
(2) Houses of worship: one (1) parking space for each four (4) permanent seats. When individual seats are not provided, each twenty (2) inches of benches shall be considered one (1) seat.
(3) Community buildings, country clubs, social halls, lodges; fraternal organizations .and. similar uses: one (1) for each two hundred (200) square feet of floor area occupied by all principal and accessory structures.
(4) Doctors (in other than office buildings): six (6) spaces for patients' use for each doctor's office.
(5) Dentists (in other than office buildings): five (5) spaces for patients' use for each dentist's office.
(6) Motels and rooming houses: one (1) for each rentable unit.
(7) Funeral homes and mortuaries: fifteen (15) parking spaces for visitors.
(8) Hospital, nursing and convalescent homes: one (1) for each three (3) beds.
(9) Hotels: one (1) for each rentable unit.
(10) Manufacturing, industrial and general commercial uses not otherwise specified herein: one (1) for each one thousand (1,000) square feet of floor area, plus one (1) for each three (3) employees in the maximum working shift.
(11) Offices: one (1) space for every four hundred (400) square feet of rentable floor area.
(12) Restaurants, bars and nightclubs: one (1) for each three (3) seats.
(13) Retail stores, store groups, shops, etc.: one (1) for each two hundred fifty (250) square feet of floor area.
(14) Schools, elementary and junior high schools: one (1) parking space for every fifteen (15) classroom seats.
(15) Wholesale establishments or warehouses: one (1) for each two (2) employees in the maximum shift. The total parking area shall not be less than twenty-five percent (25%) of the building floor area.
(16) Mixed use: off-street parking for mixed-use buildings shall conform to the requirement of each specific use with appropriate reductions in such requirements where the hours of use indicate that sharing of parking areas is appropriate.
(17) All other land uses: off-street parking and loading spaces for all land uses not herein specified shall be in accord with probable estimates of need determined by the Planning Board after consultation with the proposed land user and the Township Engineer.
E. Size, access and location shall be as follows: In connection with. every commercial, business, institutional, recreational or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces in accordance with the requirements set forth herein:
(1) Size and access.
(a) Each off-street parking space shall have an area of not less than one hundred sixty-two (162) square feet exclusive of access drives or aisles and shall be of usable shape and condition.
(b) There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall not be less than nine (9) feet wide.
(c) No access drive or driveway shall be located in any residential area to provide access to uses other than those permitted in such residential areas except in the case of mixed-use buildings.
(2) Location. Off-street parking spaces for all uses except mixed uses shall not be located between the front building line and right-of-way line. On corner lots, this restriction shall also apply to the space between the side street right-of-way line and the side building line.
F. Off-street loading. In connection with every building or building group or part thereof hereafter erected which is to be occupied by commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths in accordance with the following requirements:
(1) Size and location. Each loading space shall be no less than ten (10) feet in width and thirty-five (35) feet in length, shall have a minimum clearance of fourteen (14) feet and may occupy all or any part of any required yard.
(2) Schedule of required off-street loading berths.
G. Development and maintenance of loading areas. Every parcel of land hereafter used as a public or private loading area shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be reviewed by the Planning Board to ensure compliance with these regulations.
(1) Screening and landscaping. Off-street loading areas shall be effectively screened by a fence or hedge. The screening shall be on the side or sides which adjoin or face premises situated in any residential area.
(2) Minimum distances and setbacks. No off-street loading area shall be closer than one hundred (100) feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.
(3) Surfacing. Any off-street loading area shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.
(4) Lighting. Any lighting used to illuminate any off-street loading area shall be so arranged as to reflect the light away from adjoining premises. Off-street parking facilities for multi-family structures containing four (4) of more families shall be adequately lighted.
(5) Drainage. Any off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
