[Added 4-3-78 by Ord. No. 78-4]
A. Authority This Article is adopted pursuant to N J R S 40 55D-39 et seq
B. Purpose and intent In order for the Township of East Brunswick to encourage innovation in design and reflect changes in land development technology and to provide for necessary commercial facilities and services, to ensure compatibility among land uses, to conserve the value of land, to encourage more efficient use of land and of public services, to encourage better transportation of people, to prevent strip commercial development, and to preserve the residential integrity of adjacent areas, the Township Council of the Township of East Brunswick hereby declares A to be in the general interest of the health, safety and welfare of the inhabitants of the Township of East Brunswick and in harmony with the objectives of this Article and the township's adopted Master Plan to permit greater flexibility in design, layout and construction in housing development and commercial development than heretofore
C. Definition of MXD
(1) . An area of minimum contiguous size of twenty (20) acres as specified by this Article to be planned, developed and managed as a single entity containing one (1) or more structures with appurtenant common area to accommodate commercial or office uses or both and any residential or other uses
(2) . In a single development operation or a definitely programmed series of development operations, including all lands and buildings
(3) . For principal and accessory uses and structures substantially related to the character and purposes of the district
(4) . According to comprehensive and detail plans that include not only street, utilities, services or building sites and the like but also site plans and floor plans for all buildings as intended to be located, constructed, used and related to each other and detailed plans for the uses and improvements on the land as related to the buildings
(5) . With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of or visitors to the district but will not be provided, operated or maintained at general public expense
(6) . An option or overlay zone in which mixed use development is permitted, subject to the requirements set forth in this Article.
The MXD Option Zone includes the land described in Schedules A and B
A. Standards for development, No mixed use development under this Article shall take place except upon tracts of land having a minimum of twenty (20) contiguous acres having sufficient access to existing improved streets, MXD Districts shall be located with available sanitary sewers, water lines, storm and surface drainage systems and other utility systems and installations in Such a way that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in the forms generally permitted under current zoning for the area
B. Mixed use development may be approved only where an applicant agrees to provide at his cost either private facilities, utilities and/or services required by any appropriate public agencies having jurisdiction or any such facilities, utilities and/or services that are not available from the Township of East Brunswick, or otherwise service the particular development An applicant shall make provisions to assure the satisfactory continuing operation of such facilities, utilities and/or services, permanently or until the same are available from public sources An applicant shall also make provisions for, or shall make appropriate contributions for, any off-site or off-tract development as may be required by the mixed use development
C. In the event that any subdivisions are required of properties in the Mixed Use Zone, applicants may apply for such subdivisions simultaneously with its application for development for the MXD property
[Amended 4-14-93 by Ord. No. 93-12]
The specific mix of uses is subject to approval of the Planning Board. Permitted uses shall be
A. Food and food-service establishments, including supermarkets, bakeries, candy and nut shops, restaurants, cafeterias, sandwich shops and snack bars
B. Clothing and apparel establishments, including department stores, junior department stores, variety stores, ladies' wear, hosiery, millinery, children's wear, shoe stores, fur stores and men's and boys' wear
C. Furniture and home furnishings, including garden shops and establishments selling lamps, appliances, floor coverings, china and glassware, paint and wallpaper and hardware
D. General offices, including but not limited to
(1) . Finance, insurance and real estate services. These include banking services, bank-related functions and savings and loan associations, actuarial business and personal credit services, security brokers, dealers and flotation services, commodity contracts, brokers and dealers services, security and commodity exchanges, security and commodity allied services, insurance carriers, insurance agents, brokers and services, real estate operators, except-developers and resources, real estate agents, brokers and management services, title abstracting services, real estate subdividing and development services, real estate operative builders, combination of real estate, insurance, loan and law services, other real estate and related services, holding and investment services, and other finance, insurance, travel and real estate services
(2) . Personal services, photographic services; beauty services, and barber services
(3) . Business services, advertising services, outdoor advertising services, other advertising services, consumer and mercantile credit reporting services, adjustment and collection services, direct mail advertising services, blueprinting and photocopying services, stenographic services and other duplicating mail services, news syndicate services and informant services
(4) . Research, development and testing services, business and management consulting services, and detective and protective services
(5) . Professional services, physician services, chiropractic services, psychologist and psychiatric services, dental services, medical laboratory services, dental laboratory services, legal services, engineering and architectural services, educational and scientific research services, accounting, auditing and bookkeeping services, urban planning services, data processing services, and other professional services
(6) . Governmental services, executive, legislative and judicial functions, and postal services
(7) Miscellaneous services, business associations, professional membership organizations, labor unions and similar labor organizations, and civic, social and fraternal associations
E. Personal service and other retail establishments, including beauty shops, barbershops. watch repair, dry cleaning, travel agents, music and record shops, book and stationery stores, wine stores, card and gift shops, camera shops and similar types of stores compatible with a community-type shopping center
F. Multifamily residential structures and townhouses, including and encouraging a variety of housing types and styles Total residential use shall not exceed fifty percent (50%) of the total allowable land coverage in an entire MXD development lot
G. Motels and hotels, including meeting rooms and dining facilities in connection therewith
H. Automobile parking area, lots or structures, public utility structures and facilities, other than those of an industrial character, such as repair and maintenance shops, storage facilities and bus terminals
I. Professional schools and training institutes, postal facilities, etc
J. Warehouse and distribution facilities
K. Public and quasi-public buildings
L. Recreational facilities
M. Fast-food restaurants Deleted 4-14-93 by Ord No 93-12
N.Mechanical amusement devices and mechanical amusement facilities as described in Chapter 135 of the Code of the Township of East Brunswick (Added 6-25-79 by Ord No 79-146]
Prohibited uses and buildings shall be
A.Sex clubs and massage parlors
[Added 12-13-82 by Ord No 82-480]
B.Limousine or livery service
[Added 8-28-89 by Ord No 89-51]
[Added 4-14-93 by Ord. No. 93-12, amended 5-10-93 by Ord. No. 93-19]
A.Attached and freestanding fast-food restaurants based upon the following standards
(1). Minimum lot size shall be 40,000 square feet
(2) . Building coverage shall be no greater than 10% of the lot area for freestanding restaurants
(3) . Parking shall be provided at a rate of 1 space for every two seats plus 10 additional spaces for employees
(4) . Indoor seating for patrons shall be provided Indoor public seating areas shall be a minimum of one-third of the building area
(5) . No other tenants shall be permitted in the freestanding building
(6) . The side and rear yards shall be screened with a solid masonry wall or board-on-board fence at the Board's discretion, a minimum of six (6) feet in height
(7) . All season planted buffer strips ten feet in width shall be provided along the side and rear property lines Where the property abuts a residence or residential zone these buffers shall be increased to twenty-five (25) feet in width In areas with existing space constraints, the board may reduce the width of the buffer if additional plantings, berms, plants of greater height or other mitigating factors are required instead
(8) . The applicant shall submit traffic and circulation studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the location without substantial adverse impact
B.Drive-thru facilities at attached and freestanding fast-food restaurants subject to the following standards
[Amended 5-10-93 by Ord No 93-19]
1 A separate delineated drive-thru lane shall be provided
2. Queue storage that minimizes interference with pedestrian and vehicular movements
3. The proposed drive-thru facility shall be implemented without posing a safety hazard to pedestrian and vehicular traffic
4. Reserve parking spaces shall be provided between the drive-thru area and the facilities exit Such parking spaces are intended for use by any drive-thru vehicles awaiting delivery of a delayed order
5. Drive-thru facilities shall operate only when the dining room is open to the public
6. The drive-thru facility shall be designed for and utilized by motorized vehicles only
7. A bail-out lane shall be provided so that cars in queue can leave the queue safely
8. A canopy or cover shall be provided over the window
9. No loudspeaker shall be permitted at properties that abut a residential zone or residential property lines
10. Drive-thru windows proposed to be located within 150 feet of a residential building shall be closed at 11:00 p.m. , subject to the following
[Amended 5-10-93 by Ord No 93-19]
(a)After the fast food restaurant is open and the drive-thru window is in full operation, the applicant may seek modification of site plan approval by returning to the Board which granted site plan approval Such modification may include a later closing time of the drive-thru window(s) The applicant for such modification shall conduct noise meter tests between 10:00 p.m. and 11:00 p.m. for seven (7) consecutive nights and shall submit the test results to the appropriate board The board shall conduct a public hearing and will determine whether the noise meter results comply with Township noise standards and whether such later closing time of the drive-thru window(s) is consistent with the health, safety and welfare of the adjacent residents
[Amended 12-27-93 by Ord. No. 93-73]
In evaluation, the preliminary site plan and accompanying and supporting information shall meet the following standards
A. Not more than twenty-five percent (25%) of the lot area of the MXD development shall be covered by buildings or structures.
B. No building shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less
C. No aboveground structure shall be located within fifty (50) feet of any MXD site boundary line or within seventy-five (75) feet of the right-of-way line of any existing street or road, except for a major highway where the setback shall be one hundred (100) feet
D. No parking area shall be located closer than twenty (20) feet to an MXD site boundary line
E. Where required, one (1) off-street loading space shall be provided for each twenty-five thousand (25,000) square feet of gross floor space of building in the MXD development Each such space shall be at least fifty (50) feet in depth and twelve (12) feet in width, exclusive of access platform or maneuvering area, to be utilized exclusively for the loading and unloading of merchandise
F. Where any MXD development of a nonresidential use occurs at the boundary lines of the MXD zone line, a fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed at a minimum height of five (5) feet and maintained at a minimum height of not less than fifteen (15) feet to separate any contiguous residential zone or residential development An earth berm of a minimum height of three (3) feet may be constructed in which case the Planning Board may lessen its requirements for plant materials The Planning Board may waive the requirements for buffering if equivalent screening is provided by parks or by topography or other natural conditions Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics Buildings within two hundred (200) feet of residential zones shall not exceed thirty-five (35) feet in height and shall be appropriately faced with materials that will be compatible with the surrounding residential area
G. Any part of the MXD development not used for structures, loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs
H. Off-street parking. Parking shall be provided at the rate of spaces to be approved by the Planning Board as provided for in §228-1 Set seq , except, however, that those standards may be modified by the Planning Board for office uses upon appropriate demonstration by the applicant that such standards would not be necessary In no case, however, shall the Planning Board allow a modification to fewer than one (1) space per six hundred (600) square feet of gross floor area
I. Sign regulations
[Deleted 12-27-93 by Ord. No. 93-73]
(1) . Minimum frontage on a major highway shall be three hundred (300) feet
(2) . An attached group of buildings may be considered as one (1) building in applying any standards contained in this Article
(3) . No parking shall be permitted in the open space between the property line and the setback lines in the front, rear or sides of property
(4) . Any standards in this Article may be modified by the Planning Board as follows
(a) . Coverage of buildings and structures may be increased to forty percent (40%) of the MXD development lot area if the additional parking and loading areas are placed underground or under buildings to accommodate the increase in coverage or floor area
(b) . Building height may be increased not to exceed sixty (60) feet or seven (7) stories, whichever is less, if the additional parking or loading areas are placed underground or under buildings to accommodate the increase in coverage or floor area
(c) . Front yard setbacks may be lessened by twenty percent (20%) if the front yard area remaining is heavily planted with deciduous and evergreen trees for a minimum width of twenty-five (25) feet on six (6) feet to eight (8) feet centers and planted at a minimum of five (5) feet in height at time of planting for evergreen and a minimum of twelve (12) feet for deciduous plants, and other appropriate plantings satisfactory to the Planning Board
K.Townhouses
(1) . The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same MXD development
(2) . Height shall be limited to three (3) stories or thirty-five (35) feet, whichever is less
(3) . Minimum number of townhouse dwelling units shall be one hundred (100)
(4) . Minimum setback for all structures from any street, public or private, or from any common parking area shall be ten (10) feet from the right-of-way Minimum setback for all structures from any major thoroughfare or collectors, as defined elsewhere in this chapter, shall be fifty (50) feet
(5) . Parking requirements shall be two and twenty-five hundredths (2 25) spaces per dwelling unit, except for senior citizen housing which may be reduced by the Planning Board to not less than five-tenths (0.5) space per unit
(6) . Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units
(7) . Not more than twelve (1 2) dwelling units in any single townhouse structure shall be constructed in a manner so as to form one (1) linear plane No more than twenty (20) such units may be included in a structure having units constructed on more than one (1) linear plane
(8) . Townhouse units attached on a single linear plane shall not exceed a length of three hundred (300) feet
(9) . The front facades of at least forty percent (40%) of the number of units which are attached in a structure having a single linear plane shall be set back not less than ten (10) feet behind the facades of the remaining units in such structure
(10) . The rooflines of at least thirty percent (30%) of the number of units which are attached in a structure having a single linear plane shall be staggered in height by not less than five percent (5%) of the height of the rooflines of the remaining units in such structure
(11) . No townhouse structure shall be closer than twenty (20) feet from any other such structure, to allow for fire access.
(12) . Where an outdoor living space is included for each or any particular unit ft shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor Irving spaces, parking areas and roadways Screening may be accomplished with plant materials, masonry structures or wood fencing Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit
L.Apartments (multifamily units)
(1) . Height shall be limited to three (3) stories or thirty-five (35) feet, whichever is less
(2) . Minimum tract size shall be four (4) acres
(3) . Minimum setback for all structures from any street, public or private, or any common parking area shall be ten (10) feet Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50) feet
(4) . Parking requirements shall be one and seventy-five hundredths (1 75) spaces per dwelling unit, except for senior citizen housing for which parking requirements may be reduced by the Planning Board to not less than five-tenths (0.5) space per unit
M.. Nothing contained in this section shall prohibit multiple uses in single structure
