§ 190-140 PUD Planned Unit Development.

The intent of this zone is to regulate development in a planned unit development but to permit flexibility in design standards in order to promote creative design concepts for the development. It is further intended to provide a higher level of amenities and to provide for protected natural open spaces of the site.

A. General location criteria. Any tract proposed to be developed as a planned unit development shall have the following locational characteristics and qualifications.

(1) It shall have direct access and a minimum frontage of 400 feet on a major collector or a secondary arterial road as designated on the Township Master Plan of roads.

(2) The amount of frontage on major roads shall be sufficient to provide not less than two distinct and direct means of access to the entire tract.

B. Minimum size of development. The following tract size of a planned unit development shall be 75 acres and shall include the total land area within the boundaries designated for residential use, commercial and office use, open spaces, parking and driveways.

C. Permitted uses. The following types of land uses are permitted within the planned unit development zone.

(1) Semiattached single-family units (patio homes, duplex units) and townhouses.

(2) Neighborhood commercial. General business activities, including such activities as retail sales, offices and banks, eating and drinking establishments and personal services.

(3) Recreational facilities for the PUD residents, such as tennis courts, swimming pool, shuffle board and clubhouse.

D. Open space. The minimum amount of open space to be designated within a planned unit development community shall be at least 20% of the gross acreage of the project.

E. Area, height and setback requirements (semiattached single-family units and townhouses):

(1) Lot size. A lot shall have a minimum area of 3,500 square feet with a minimum width of 20 feet at setback line and depth of 90 feet.

(2) Height. No unit shall exceed 2 1/2 stories in height or 35 feet.

(a) Front yard. Units shall have a minimum front yard requirement of 20 feet from the front property line.

(b) Side yard. All units shall have a minimum side yard requirement of zero feet on one side and six feet on the other side, except that these requirements shall not apply to on-grade patios and fences.

(c) Rear yard. All units shall have a minimum rear yard of 20 feet.

(3) Minimum unit size. One- or two-bedroom units shall have a minimum gross habitable floor area of 1,000 square feet, and three-bedroom units shall have a minimum gross habitable floor area of 1,100 square feet.

F. Development standards.

(1) No residential building or structure shall be located closer than 50 feet from any exterior boundary line of the tract nor closer than 25 feet from any public road right-of-way or 30 feet from any internal collector road.

(2) Off-street parking facilities shall be provided for all units and shall have a minimum of 2.0 spaces per dwelling unit, one of which may be enclosed as a garage. Visitor parking shall have a minimum of 0.5 spaces per dwelling unit. No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.

(3) A community building shall be provided for social and recreational use of the residents and shall have floor space of no less than four square feet per dwelling unit.

(4) Landscaping plans shall be provided at time of submission of preliminary plans.

(5) Not less than 5% of the gross area of the tract shall be set aside and developed for outdoor recreation which land shall be included as part of the open green area, including but not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.

§190-140.1 PUD-1 Planned Unit Development-1 Zone.

[Added 12-23-2014 by Ord. No. O-14-19]

Purpose: The purpose of the Planned Unit Development-1 Zone is to provide a range of commercial, retail and multifamily residential uses to be designed for a single tract in accordance with a comprehensive plan with regard to the location of uses, buildings, parking, open space, vehicular and pedestrian circulation networks and related site improvements.

A. Permitted uses.

(1) Retail sales and service stores, including garden centers.

(2) Retail stack/storage and wholesale clubs, including garden centers.

(3) Personal service establishments.

(4) Restaurants, including fast food and drive-through restaurants that do not access directly onto and off a public road.

(5) Office buildings for professional, executive or administrative purposes, and related business support services.

(6) Hotels and conference centers, which shall contain a minimum of 100 guest rooms and which may also include ancillary restaurant, meeting, banquet, fitness and guest service facilities.

(7) Municipal and other governmental facilities.

(8) Public utility installations and structures.

(9) Banks, with or without drive-through facilities, that do not access directly onto and off a public roadway, financial institutions, insurance and real estate businesses.

(10) Theaters, assembly halls, bowling alleys, sporting arenas, fitness and physical therapy centers, and other public recreation and entertainment facilities.

(11) Passenger bus stations.

(12) Gasoline filling stations with convenience stores provided they meet the following:

(a) No direct access onto or off a public roadway.

(b) The convenience store contains a minimum of 4,000 square feet of floor area.

(c) No repair work shall be permitted.

(d) There shall be no drive-through facilities associated with the convenience store.

(e) Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store.

(f) Parking space is provided for each 150 square feet of floor area devoted to the convenience store.

(g) Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act.

(h) The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from fuel pumps.

(13) Multifamily residential dwellings.

B. Permitted accessory uses in the PUD-1, Zone; same as for RMZ-1, § 190-158B, and including:

(1) Gasoline filling station as an accessory use to § 190-140.1A(2) above provided it meets the following:

(a) No direct access onto or off a public roadway.

(b) No repair work shall be permitted.

(2) Any other uses which are subordinate and customarily incidental to a permitted use.

C. Required components. A planned unit development shall include the following:

(1) A neighborhood commercial component subject to the standards established herein. The neighborhood commercial component shall be located in the area east of the Trotter's Way extension and shall occupy no more than the 20% of the total land area within the planned unit development.



(2) A community commercial component subject to the standards established herein. The community commercial component shall be located in the area west of the Trotter's Way extension and shall have frontage on County Route 537. The balance of any land in the area east of the Trotter's Way extension not devoted to the neighborhood commercial component may be devoted to the community commercial component. The community commercial component shall occupy no more than 60% of the total land area within the planned unit development.

(3) A residential use component subject to the standards established herein. The residential use component shall be located in the area west of the Trotter's Way extension, shall be a minimum of 1,000 feet from the County Route 537 right-of-way and shall occupy a minimum of 25% of the total land area within the planned unit development.

(4) The extension of Trotter's Way from the Freehold Raceway Mall access at County Route 537 through the planned unit development to Route 9 southbound.

(5) The neighborhood commercial and residential components of the planned unit development on each side of the Trotter's Way extension shall be linked via a joint pedestrian and bicycle underpass.

D. General development plan.

(1) Any developer seeking approval for a planned unit development shall submit a general development plan to the Planning Board and the Planning Board shall approve such plan prior to approving any preliminary subdivision or preliminary site plan.

(2) Findings for planned unit development. Prior to approving a planned unit development, the Planning Board shall render the following findings and conclusions pursuant to N.J.S.A. 40:55D-45:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65;

(b) That the proposals for maintenance and conservation of the common open space, and the amount, location and purpose of such open space, are adequate;

(c) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(e) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(3) A general development plan shall include the following:

(a) A general land use plan indicating the tract area and locations of the land uses to be included in the planned unit development. The total number of dwelling units and amount of nonresidential gross floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth and a residential density and a nonresidential floor area ratio shall be provided;

(b) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned unit development and any proposed improvements to the existing transportation system outside the planned unit development;

(c) An open space plan showing the proposed land area and location of land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of such lands;

(d) A utility plan indicating the proposed location of sewage and water lines and setting forth the proposed method of controlling and managing stormwater on the site;

(e) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;

(f) An environmental inventory, a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing manmade structures or features and the probable impact of the development on the environmental attributes of the site;

(g) A community facility plan indicating the scope and type of supporting community facilities;

(h) A housing plan outlining the number of housing units to be provided and the extent to which any affordable housing obligation assigned to the municipality pursuant to the New Jersey Fair Housing Act of 1985 (as amended) will be fulfilled by the development;

(i) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

(j) A fiscal report describing the anticipated demand on municipal services and the school district to be generated by the planned unit development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection D(3)(k) below, and following the completion of the development in its entirety.

(k) A proposed timing schedule in the case of a planned unit development whose construction is contemplated over a period of years, including the number of dwelling units and amount of nonresidential gross floor area to be included in each development phase, and any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and

(l) A written agreement between the developer and the Township relating to the planned unit development.

(4) Effect and duration of approval.

(a) The planned unit development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval. The general terms and conditions upon which the general development plan was granted shall not be changed, unless application for modification is made by the developer and approved by the Planning Board pursuant to the requirements of this section.

(b) The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection D(4)(c) below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned unit development.

(c) In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

(5) Modification of proposed schedule. In the event that the developer seeks to modify the proposed timing schedule (i.e., the term of the general development plan approval), such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.

(6) Variations in location of land uses or increase in density or floor area ratio. The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned unit development.

(7) Amendment or revision of general development plan; allowable reductions within original approval.

(a) Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approval by the Planning Board.

(b) A developer, without violating the terms of the general development plan approval, may, in undertaking any section of the planned unit development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%.

(8) Termination of approval upon completion of development. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

E. Development standards as applied to the entire planned unit development.

(1) The intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how uses/buildings shall visually relate to each other as well as the overall landscape. As such, multiple uses and buildings are permitted on a lot. There shall be no area, dimensional, FAR, coverage or setback requirements for individual lot development within the planned unit development, provided that such development is in conformance with all other standards established herein. There shall be no minimum distances between individual buildings except as required by applicable building and fire safety codes.

(2) Individual lots may be developed without frontage on a public street, provided such lot has access to a public street by means of an improved roadway and that there exists a perpetual right of ingress and egress over said improved roadway in the form of a recorded permanent easement granting such access. The easement shall be reviewed and approved by the Planning Board Attorney and Township Engineer to insure there is adequate provision for future maintenance of such roadway, and that such roadway can accommodate fire trucks and other emergency vehicles.

(3) The total number of internal roadway connections to and from public streets shall be limited only to those necessary to provide safe and convenient access, without undue impacts to the safety and mobility of traffic on abutting public streets as determined by the Planning Board. The intent of this requirement is to encourage shared access and limited internal roadway connections onto public streets.

(4) The maximum impervious surface coverage within the planned unit development shall be 65%.

(5) In the area west of the Trotter's Way extension, a minimum fifty-foot landscaped buffer shall be provided separating the community commercial and residential use components of the planned unit development. Said buffer may be placed wholly or partially within either the community commercial or residential use components.

(6) Nothing contained herein shall preclude the phasing of any section of the planned unit development provided it is consistent with the general development plan approved by the Planning Board.

F. Nonresidential development standards.



(1) Maximum yield and use/size limitations.

(a) The total floor area of nonresidential development (i.e., within the neighborhood commercial and community commercial components of the planned unit development) shall not exceed 375,000 square feet exclusive of any floor area devoted to hotel use. In addition, up to maximum of 40,000 square feet of nonresidential floor area may be devoted to mezzanine space. Off-street parking for mezzanine floor area shall be provided at a ratio of one-half of that which is otherwise required for the use.

(b) Retail stack/storage and wholesale clubs, and any permitted accessory use(s) thereto, shall only be permitted within the community commercial component of the planned unit development.

(c) Supermarkets/specialty food stores shall only be permitted in the area east of the Trotter's Way extension and such stores shall not have a floor area in excess of 52,500 square feet.

(d) A minimum of 30,000 square feet of floor area shall be provided within the neighborhood commercial component of the planned unit development. In addition, no individual business establishment within the neighborhood commercial component of the planned unit development shall have a floor area in excess of 4,500 square feet.

(e) Hotel use shall only be permitted within the community commercial component of the planned unit development.

(2) Principal building setbacks.

(a) From County Route 537 right-of-way: 100 feet.

(b) From U.S. Route 9 right-of-way: 100 feet.

(c) From State Route 33 right-of-way: 100 feet.

(d) From right-of-way of Trotter's Way extension: 50 feet.

(e) From any other property line along the perimeter of the planned unit development: 50 feet.

(3) Principal building height.

(a) For hotel use: five stories, 75 feet.

(b) For other permitted uses: three stories, 50 feet.

(4) Buffer requirements.

(a) A minimum fifty-foot landscaped buffer shall be provided along the County Route 537 right-of-way.

(b) A minimum fifty-foot landscaped buffer shall be provided along the U.S. Route 9 right-of-way.

(c) A minimum twenty-foot landscaped buffer shall be provided along the State Route 33 right-of-way.

(d) A minimum twenty-foot landscaped buffer shall be provided along the right-of-way of the Trotter's Way extension.

(e) A minimum twenty-foot landscaped buffer shall be provided along any other property line along the perimeter of the planned unit development.

(5) Off-street parking.

(a) The minimum number of off-street parking spaces shall be as follows:

[1] Retail sales and service stores, personal service establishments and wholesale clubs: 4.5 spaces per 1,000 square feet of floor area.

[2] Supermarkets/specialty food stores: 5.0 spaces per 1,000 square feet of floor area.

[3] All other uses: in accordance with § 190-163.

(b) Parking stalls may be nine feet by 18 feet in size provided there is a twenty-five-foot wide aisle and provided further that such spaces are marked with hairpin striping.

(6) Screening of loading areas. No loading shall face any public street or internal access road (exclusive of onsite service roads) unless it is shielded, bermed, or otherwise four-season-buffered from view from such street/road.

(7) Architectural design requirements. In reviewing building design within the neighborhood commercial and community commercial components of the planned unit development, the Planning Board shall consider the guidelines set forth in § 190-114.

G. Residential development standards.

(1) Maximum yield and size limitations.

(a) The maximum number of multifamily residential dwelling units shall be 400.

(b) A minimum of 10% of all multifamily residential dwelling units constructed shall be set aside for low- and moderate-income households. Affordable units shall be integrated throughout the development and shall comply with applicable regulations of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls.

(c) The maximum number of multifamily residential dwelling units in any building shall not exceed 90.

(2) Maximum building coverage: 25% of the land area occupied by residential development.



(3) Principal building setbacks.

(a) From State Route 33 right-of-way: 100 feet.

(b) From right-of-way of Trotter's Way extension: 100 feet.

(c) From any other property line along the perimeter of the planned unit development: 100 feet.

(4) Principal building height. The maximum height of any multifamily residential building shall be four stories and 55 feet.

(5) Buffer requirements.

(a) A minimum fifty-foot landscaped buffer shall be provided along the State Route 33 right-of-way.

(b) A minimum fifty-foot landscaped buffer shall be provided along the right-of-way of the Trotter's Way extension.

(c) A minimum fifty-foot landscaped buffer shall be provided along any other property line along the perimeter of the planned unit development.

(6) Screening of loading areas. No loading shall face any public street or internal access road (exclusive of onsite service roads) unless it is shielded, bermed, or otherwise four-season-buffered from view from such street/road.

(7) Miscellaneous requirements for residential development.

(a) A minimum of 5% of the land area occupied by residential development shall be devoted to active and passive recreation facilities, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, exercise areas, walking paths, bikeways and picnic areas.

(b) An accessory parking structure shall be required to serve the residential component of the planned unit development. Said structure shall not exceed 50 feet in height and shall be designed such that it is substantially "wrapped" by residential development to screen it from the remainder of the planned unit development and public viewshed. Such accessory parking structure shall provide multiple convenient access locations to the adjacent residential building(s).

(c) Outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.

(d) Single-story accessory garage structures shall be permitted provided they are located a minimum 50 feet from any property line.

(8) Architectural design requirements for residential development.

(a) Building articulation and massing.

[1] Multifamily building facade bulk shall be broken down vertically into a series of bays and/or through vertical massing changes in the facade plane. Individual bays or groups of bays may be defined by a change in material, color, pattern and/or texture; use of columns, pilasters, gutters or expansion joints massing; and/or size and rhythm of fenestration. Bay definition should extend upward through all levels of the building.

[2] Multifamily buildings shall be differentiated horizontally into a base, middle and top as follows:

[a] The base should be highlighted architecturally to visually ground the building. Detailing at the base should be richer than on upper floors, for example, by horizontal banding, and/or belt courses.

[b] The middle should be distinguished from the base and top, for example, by horizontal belt courses or cornices and/or changes in material, texture and fenestration pattern.

[c] The top floor and/or the roof line should be distinguished from the base and middle, for example, with a coping, parapet wall, balustrade, cornice and/or change in material, texture, color and/or fenestration pattern.

[3] Roof shape and mass shall relate to the multifamily building massing on the lower levels. Flat, peaked or sloped roof shapes are permitted, but mansard roofs are prohibited.

(b) Building facade detailing.

[1] Windows, sliding and/or French doors shall occupy at least 25% of the facade area.

[2] Continuous expanses of windowless walls, except for walls facing the accessory parking structure, in excess of 20 feet in length shall be discouraged at all levels; instead, a change in plane and variation in materials and/or detailing shall be provided for any windowless wall area in excess of 20 feet in length.

[3] Preferred materials for facades are brick, cultivated stone or other masonry facing; fiber cement siding or backboard; and synthetic or composite trim and/or panels. No more than three different materials, exclusive of windows, doors and decks/railings, shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. To the extent practical, the level of materials, detailing and articulation shall be consistent along all facades except for any portion of a facade that faces an accessory parking structure and/or is not visible from the remainder of the planned unit development and public viewshed. Materials should be extended around corners and extensions in order to avoid a "pasted on" appearance. Vinyl siding shall be permitted on facades facing the accessory parking structure.

[4] All major mechanical equipment located on any roof of a building shall be screened from view from all vantage points with a material harmonious to that used in the facade of the building.

[5] Any portion of the accessory parking structure that is not screened from the remainder of the planned unit development and/or public viewshed shall be faced with masonry, stucco or synthetic panels.

[6] Any other accessory structure, including, but not limited to, a clubhouse/ leasing building or detached garage, shall utilize similar materials as residential building facades.