§ 190-147 Highway Mixed Use Development Zone.

[Added 12-23-2014 by Ord. No. O-14-18]

Purpose: The purpose of the Highway Mixed Use Development Zone is to provide for a mix of commercial and multifamily residential uses within a single development tract whereby the former can be concentrated along Route 9 and County Route 23 while the latter can serve as an appropriate transition to adjacent residences and residential zones.

A. Minimum tract size: 20 acres.

B. Permitted principal uses.

(1) Retail sales and service stores.

(2) Restaurants, subject to the standards as set forth in § 190-212.

(3) Specialty food and food markets with seating areas for on-premises consumption as provided herein.

(4) Offices for professional, executive or administrative purposes, and related business support services.

(5) Banks, financial institutions, insurance and real estate businesses.

(6) Multifamily residential buildings.

(7) Mixed-use buildings as permitted herein.

(8) Child-care centers in accordance with N.J.S.A. 40:55D-66.6.

C. Permitted accessory uses.

(1) Signs for nonresidential uses in accordance with the standards as set forth in §§ 190-173 through 190-176 and § 190-183.

(2) Fences.

(3) Parking, including for multifamily residential dwellings as provided herein.

(4) Garbage storage and recycling enclosures.

(5) Active and passive recreational facilities for residents, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, fitness and exercise areas and bicycle/walking paths.



(6) Management office(s) for multifamily residential use.

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

D. Location criteria.

(1) No multifamily residential building shall be located within a distance of 300 feet from the rights-of-way of U.S. Route 9 and County Route 23, exclusive of any portion of the existing jughandle.

(2) No building accommodating any permitted principal use(s) other than a multifamily residential building shall be located a distance of 400 feet from the rights-of-way of U.S. Route 9 and County Route 23, exclusive of any portion of the existing jughandle.

E. Development standards.

(1) The ground floor of any mixed-use building shall be used for any permitted principal use other than multifamily residential dwellings. No permitted principal use other than multifamily residential dwellings shall be located above the ground floor of any mixed-use building.

(2) Food and specialty food markets shall have a minimum gross floor area of 8,000 square feet and shall provide a minimum of 25 seats for on-premises consumption.

(3) The maximum permitted residential density, inclusive of any multifamily dwelling units that are within mixed-use buildings, shall be 10 units per acre as applied to the total tract area.

(4) The maximum floor area ratio for all nonresidential uses, inclusive of any nonresidential floor area within mixed use buildings, shall be 0.05 as applied to the total tract area.

(5) The maximum height of any building other than a multifamily residential building shall be three stories and 45 feet.

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

(7) The maximum number of multifamily residential dwelling units in any building shall not exceed 52. No multifamily residential or mixed-use building shall be more than 270 feet in length.

(8) The maximum building coverage shall be 20%.

(9) The maximum impervious coverage shall be 60%.

(10) The minimum building setbacks shall be as follows:

(a) From a state right-of-way exclusive of any portion of an existing jughandle: 100 feet.

(b) From a county right-of-way exclusive of any portion of an existing jughandle: 100 feet.



(c) From any abutting nonresidentially zoned property: 50 feet.

(d) From any abutting residentially zoned property: 75 feet, except that said requirement shall be 50 feet from a detached single-story residential garage structure.

(11) The minimum number of off-street parking spaces for retail sales and service stores shall be four spaces per 1,000 square feet of floor area. For all other uses, the standards set forth in § 190-63 shall apply.

(12) Any 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.

(13) A minimum twenty-five-foot-wide landscape buffer strip shall be provided where property abuts a residential zone. Said buffer zone shall comply with the standards set forth in § 190-166 and shall be permanently maintained along the property line abutting the residential zone.

(14) Multiple uses and buildings are permitted within the development tract.

F. Miscellaneous requirements for multifamily residential development.

(1) Multifamily residential and mixed-use buildings shall contain one- or two-bedroom units only, except that a percentage of the affordable units may be three-bedrooms to comply with applicable regulations as referenced herein.

(2) Multifamily residential and mixed-use buildings shall provide elevator access to upper floors.

(3) Multifamily residential and mixed-use buildings shall provide indoor trash disposal and storage facilities.

(4) The following recreational and related amenities shall be provided for residents: swimming pool, clubhouse, fitness center, lounge, media and game room and business center. Additional active and/or passive recreational facilities, including, but not limited to tennis courts, fitness and exercise areas and bicycle/walking paths may be required at the discretion of the Planning Board based upon the number of multifamily residential dwelling units proposed.

(5) Parking for multifamily residential dwellings may be provided by means of any or all of the following: at-grade surface spaces; tuck under, below building spaces; spaces in detached, single-story garage structures.

(6) No parking space intended to satisfy the off-street parking requirement for multifamily residential use within either a multifamily residential or mixed-use building shall be located more than 125 feet from said building.

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

G. Architectural design requirements for multifamily residential and mixed-use buildings.

(1) Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the facade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roof line via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multi-faceted roof shapes where appropriate to break up the roof line.

(2) Building facade detailing.

(a) Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless walls shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the facade area within multifamily residential buildings and shall occupy at least 25% of the facade area within mixed-use buildings.

(b) Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials 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. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a "pasted on" appearance. Where buildings have "tuck under" parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the facade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same facade materials and articulation as the multifamily residential buildings.

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

§ 190-148 Historical Commercial Zone HC.

A. All buildings and uses including single-family residences and farm structures shall be constructed, designed and developed in a manner consistent with and designed to complement the Battleground State Park and the aesthetic and Colonial and Early American architectural design and character of the Colonial and Revolutionary War period.



B. Permitted uses in the Historical Commercial Zone (Battlefield Development District) are as follows:

(1) Single-family dwellings in accordance with the Residential R-80 Zone.

(2) Farms.

(3) Farm stands in accordance with § 190-116D.

C. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

§ 190-149 Hospital Zone H-1.

[Amended 12-8-2009 by Ord. No. O-09-32]

A. Permitted uses:

(1) Hospitals and hospital-related facilities licensed by the State of New Jersey.

(2) Outpatient clinics, medical laboratories, professional medical offices which are part of or a subsidiary of a hospital located on the same lot as the hospital or on separate lots.

(3) Assisted-living and senior residential facilities licensed by or requiring a certificate of need from the New Jersey Department of Health or Department of Community Affairs.

(4) Nursing homes, intermediate-care and long-term-care facilities licensed by the New Jersey Department of Health.

(5) Special-needs housing.

B. Accessory uses:

(1) Fences in accordance with the Freehold Township Fence Regulations contained in § 190-165.

(2) Signs in accordance with Article XVII, Signs, § 190-173 et seq., of this chapter.

(3) Dormitories in conjunction with a general hospital and providing living quarters for doctors, interns, nurses and others employed by, or studying at, the hospital.

(4) Common parking areas.

(5) Common storage structures and facilities subject to the same limitations and requirements as the principal structures.

(6) Common open space and outdoor and indoor recreational facilities and structures subject to the same limitations and requirements as the principal structures.

(7) Physical therapy facilities.

(8) Entertainment facilities.

(9) Libraries.

(10) Food preparation facilities.

(11) Dining facilities.

(12) Linen service facilities.

(13) Housekeeping service.

(14) Security facilities, administrative offices, ancillary office space, storage facilities, chapels, and facilities for the temporary lodging of guests of patients or residents.

C. Area, yard and building requirements:

(1) A hospital licensed by the State of New Jersey as specified in Schedule C, Area, Yard and Building Requirements, at the end of this chapter for the H-1 Zone.

(2) Outpatient clinics, medical laboratories, and professional medical offices, not on the same lot as a hospital as specified in Schedule C, Area, Yard and Building Requirements, for the P-1 Zone.

(3) Special-needs housing shall be subject to the following:

(a) Special-needs housing developments shall conform with the requirements of the H-1 Hospital Zone as contained in the Schedule of Area, Yard and Building Requirements, except as follows:

[1] Maximum density shall not exceed 12 dwelling units per acre;

[2] Maximum floor area ratio (FAR) shall not exceed 1.00 for principal and accessory buildings;

[3] All buildings shall be set back a minimum of 100 feet from an existing accessible public street and 65 feet from a nonaccessible or limited access street or portion thereof;

[4] All buildings shall be set back a minimum of 20 feet from an internal access drive or parking area (except for loading and unloading areas for persons and supplies);

[5] All buildings shall be set back a minimum of 65 feet from any property line within a residential zone and a minimum of 50 feet from any nonresidential property line;

[6] All building and impervious surfaces shall be set back a minimum of 15 feet from any wetlands transition area in accordance with an approved letter of interpretation from the NJDEP;

[7] Requirement of buffer area. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary. Buffer areas adjacent to residential zones shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year;

[8] Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in this chapter; provided further, however, that stormwater management structures (including but not limited to basins and related improvements) may be permitted within a required buffer area, provided such facilities shall be suitably landscaped around their perimeters in order to be visually compatible and harmonious with the surrounding natural and or planted buffer areas. All nonpaved areas shall conform with Article XV, Fence and Buffer Regulations.

(b) Parking shall provide for a minimum of 1.25 parking spaces per dwelling unit including required handicapped parking spaces in accordance with the Americans with Disabilities Act.

(c) All proposed restrictive covenants, deed restrictions, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorneys prior to final approval of any site plan.

(d) Affordable housing requirement. The provisions of this section shall be subject to the provisions of Article XX, Affordable Housing, § 190-217 et seq. Special-needs housing units shall be affordable to low- and moderate-income households; provided, however, that special needs housing may include a permanent caretaker residence that is not required to be a low- or moderate-income person or household. Of the low- and moderate-income housing units 13% shall be affordable for very low-income residents in accordance with N.J.S.A. 52:27D-329.1, pursuant to Chapter 46 Laws of 2008. The operator of a special-needs housing facility shall be responsible for the administrative and reporting requirements and costs associated therewith in accordance with the New Jersey Council on Affordable Housing regulations for special-needs housing (N.J.A.C. 5:97, and with the New Jersey Housing and Mortgage Finance Agency requirements for special-needs housing, N.J.S.A. 5:80 et seq.)