A. Purpose. The purpose of the Village Center Zone is to provide for a planned commercial and planned residential development in accordance with N.J.S.A. 40:55D-39c, integrating retail, office, hotel/motel, restaurant and permitted ancillary uses that will be planned and designed in accordance with the overall concept design for the Village Center and designated residential area in compliance with "The Plan" as identified in the amended Consent Order and Stipulation of Settlement to be entered in "537 Freehold Corp. v. Township of Freehold", Docket No. L-50871-89 and all matters consolidated therewith. The application for development of the planned commercial, hotel/motel and restaurant area shall be contiguous to and directly accessible from County Route 537 and shall include Block 70, Lots 20.01 and 20.02 and the northwesterly portions of Block 70, Lots 17.01, 18 and 20. The application for development shall include a residential area on the southeasterly portions of Block 70 including Lot 11.01 and portions of 17.01, 18 and 20 southeast of drainage ditch, stream and wetlands area that extends from a pond at the northern edge of the tract approximately 1,400 feet east of C.R. 537 to a point at the southern edge of the tract approximately 2,700 feet east of C.R. 537 along the southern property line of Lot 20 as depicted on a survey of the tract and made a part of the Consent Order.
B. Permitted uses:
(1) Village Center development. Village Center planned development shall be permitted in accordance with the provisions of N.J.S.A. 40:55D-65c. The Planning Board shall be authorized to grant general development plan approval in accordance with § 190-17C of this chapter to provide the increased flexibility desirable to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned commercial development and setting forth variations from the ordinary standards for preliminary and final approval as herein provided. Uses permitted within the Village Center planned development area shall be:
(a) Office buildings as permitted per § 190-146, Corporate, Multi-Use Development Zones, CMX-10, CMX-4, CMX-3 and CMX-2.
(b) Retail stores, including "big box" or "retail stack storage" and wholesale clubs including ancillary garden centers, outdoor display area for seasonal sale of plants, Christmas and holiday trees, yard ornaments, garden supplies and seasonal yard and garden equipment.
(c) Restaurants, with a minimum floor area of 3,000 square feet, subject to the conditional use requirements of § 190-212, except that: [Amended 4-26-2005 by Ord. No. O-05-12]
[1] The conditional use requirement set forth in § 190-212A, requiring a minimum of 5,000 square feet of floor area for each restaurant use, is reduced to 3,000 square feet of floor area for each restaurant use in a Village Center planned development;
[2] The conditional use requirement set forth in § 190-212B, requiring a minimum of 225 seats for each restaurant use, is reduced to 100 seats for each restaurant use in a Village Center planned development; and
[3] The conditional use requirement set forth in § 190-212C, which prohibits take out service areas, does not apply to restaurants in a Village Center planned development.
(d) Hotels and motels, which may include a restaurant, conference facilities, banquet facilities, health and fitness facilities and retail services for the benefit of guests, subject to the design standards provided for in § 190-204B(4) [fire safety plan], (5) [security plan] and (6) [architectural plan]. A minimum planted buffer of 25 feet shall be provided as a visual screen to hotel and motel rooms, pools and exterior patios, and other meeting or public congregation areas, to be planted of conifers and other plant materials.
(e) Banks and financial institutions, including drive through facilities. [Added by 4-26-2005 Ord. No. O-05-12]
(f) Fitness and recreational sports centers (NAICS 2007-713940). Only for purposes of allocating uses between retail and office in the Village Center Zone, as set forth in the Amended Stipulation of Settlement, the floor area in excess 34,000 square feet of the fitness and recreational sports center is not a retail use. This allocation and classification of uses shall have no application in any other zoning district within the Township. [Added 6-17 -2008 by Ord. No. O-08-11]
(2) Residential development (not to exceed 30 residential building lots) in accordance with the regulations set forth below, provided that there shall not be a roadway interconnection between the residential and commercial development areas except for an emergency access road.
C. Accessory uses.
(1) Signs in accordance with Article XVII, Signs, § 190-173 et seq.
(2) Fences.
(3) Garbage and recycling enclosures and waste compactors provided that the compactor units are located entirely within the principal building.
D. The maximum permitted floor area in the Village Center planned development shall be 500,000 square feet, with a maximum of 403,573 square feet being utilized for retail. A minimum of 90% of the retail space shall be comprised of stores with a minimum of 60,000 square feet, and the balance of the planned development comprised of stores with a minimum of 9,000 square feet. If less than 403,573 square feet is proposed for retail use, the square footage not so utilized may be utilized for office, hotel/motel and/or restaurant uses. This additional 3,573 square feet does not increase the total development size beyond the 500,000 square feet provided for in this Subsection D. Restaurants, banks and financial institutions are not retail uses. Multiple retail stores, restaurants and/or banks and financial institutions can be located in a single multitenant building, provided that said building and said retail stores, restaurants, and/or banks and financial institutions otherwise conform to the requirements of § 190-159. [Amended by 4-26-2005 Ord. No. O-05-12; 3-24-2015 by Ord. No. O-15-5]
E. Commercial development shall comply with the following area, yard and building requirements: [Amended by 4-26-2005 Ord. No. O-05-12]
(1) Minimum lot area: 10 acres.
(2) Minimum lot width at building line: 500 feet.
(3) Minimum lot frontage: 500 feet.
(4) Minimum lot depth: 500 feet.
(5) Maximum lot coverage: 15% (all buildings); 60% (all impervious surfaces).
(6) Floor area ratio: 18.0.
(7) Maximum building height:
(b) Retail (buildings less than 60,000 square feet): 35 feet/one story.
(c) Office: 40 feet/three stories.
(d) Hotel: 50 feet/5 stories.
(8) Minimum yard depth. Principal and accessory buildings:
(a) Front yard: 100 feet. See Note (2).
(b) Side yard: 100 feet. See Notes (1) and (2).
(c) Rear yard: 100 feet. See Notes (1) and (2).
Note 1.
Any portion of commercial or other nonresidential development in a VC Zone that abuts existing residential properties within a residential zone shall have a minimum side and rear yard of 300 feet for internal roadways and parking lots and a minimum of building setback of 350 feet from residential property lines. The three-hundred-foot yard area shall be landscaped and shall include evergreen and deciduous trees and shrubs that will supplement existing vegetation or provide a new planted area not less than three rows of evergreen and other plant materials that will provide a visual screen between the residential and VC planned development uses. No parking, loading, internal driveways or storage shall be permitted within the three-hundred-foot landscape area. A decorative fence not less than six feet in height shall be provided where necessary and as requested by the Planning Board to provide a visual screen from existing residential properties within a residential zone. Detention and retention systems and appurtenances thereto including wingwalls, outfalls, maintenance and emergency access drives, etc., shall be permitted within the landscape area.
Note 2.
Notwithstanding anything to the contrary contained in Subsection E(8)(a), (b) and (c) and in Note 1 above, in a Village Center planned development, the minimum yard depth of every front yard, side yard and/or rear yard which abuts a road under the jurisdiction of the Township is reduced to 25 feet.
(9) Minimum width of planted screen: 40 feet.
(10) Minimum size of principal building:
(a) Retail (big box): 60,000 square feet.
(b) Retail: 20,000 square feet.
(c) Office: 20,000 square feet.
(d) Restaurant: 3,000 square feet.
(e) Banks and financial institutions: 2,500 square feet.
F. Parking shall be permitted within the front yard setback in the Village Center development, provided that such parking shall not be located within 50 feet of Freehold Smithburg Road (Monmouth County Route 537).
G. Residential development shall comply with the area yard and building requirements of the R-25 Residential Zone District, except that the minimum lot area for an interior lot shall be 30,000 square feet and the minimum area for a corner lot shall be 35,000 square feet.
H. Where the Village Center Development abuts existing residential properties within a residential zone any existing natural wooded area should be retained to the greatest extent practicable.
I. The Village Center Development shall provide a coordinated Colonial architectural design, including building facade, signage, and landscaping.
J. An Architectural Review Committee may be appointed by the Planning Board to review and make architectural recommendations to the board for building, signage, and landscaping.
K. Where preliminary and final site plan approval for the overall Village Center development of the project has been obtained, the property may be subdivided into lots within the approved Village Center development area having minimum dimensions as follows, which subdivision may be granted on a main subdivision without further public hearings:
(1) Minimum lot area: 100,000 square feet.
(2) Minimum lot dimensions: lot frontage, width and depth 150 feet, measured from principal internal access road.
(3) Impervious surface coverage (including maximum building coverage). Principal and accessory buildings, roadways and parking areas combined shall not exceed the coverage shown on the approved final site plan. Landscape areas for buildings, parking islands and other areas within the subdivided area shall not be less following subdivision than the approved final site plan.
(4) Minimum yard depths. Zero feet for principal and accessory buildings where buildings are connected by common or back to back walls, enclosed or covered walkways.
(5) Minimum size of principal building in square feet: 20,000 square feet gross floor area.
(6) Floor area ratio: FAR shall not apply to individual subdivided parcels.
(7) Public and private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.
L. The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:
(1) All applicable requirements of the preliminary and final site plan approval other than as provided for above, shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided.
(2) Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.
(3) All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the unsubdivided parcel shall continue to apply; and so long as the recording of common usage easements or agreements are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.
(4) All off-street parking, loading and unloading requirements that apply to the approved final site plan for the unsubdivided parcel pursuant to Article XIV of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as the recording of common usage easements or agreements are made a condition of approval.
An SC Scenic Roadway Corridor Overlay Zone District is hereby established to provide supplemental development regulations in the areas so designated to protect and preserve scenic corridors throughout the Township.
A. Purpose. The intent of the Scenic Roadway Corridor Overlay Zone is to promote Township-wide aesthetic efforts to maintain the rural/suburban character of the Township, to protect environmentally sensitive lands, to preserve open space and to strengthen existing street tree and natural vegetation preservation efforts. The specific purposes of the Scenic Roadway Corridor Overlay District are:
(1) Maintain and enhance the rural character of Freehold Township;
(2) Protect environmentally sensitive lands along roadway corridors;
(3) Provide for linear aquifer recharge areas along existing and future roadways;
(4) Enhance water quality from roadway drainage;
(5) Maintain and enhance Township and regional air quality;
(6) Provide interlinking wildlife habitat corridors in rural areas of the Township;
(7) Establish natural vegetation links between major open space areas of the Township.
B. Definition of Scenic Roadway Corridor Overlay Zone.
(1) The SC Scenic Roadway Corridor Overlay Zone District will be applicable to all areas in Freehold Township designated as scenic roadway corridors as identified in the study prepared by Townplan Associates entitled "Freehold Township Scenic Roadway Corridor Study" dated March 15, 2002, and as delineated by the SC Scenic Roadway Corridor Overlay Zone District Map dated April 2, 2002, which is incorporated in accordance with § 190-99 of this chapter.
(2) The standards as provided within the SC Scenic Roadway Corridor Overlay Zone shall be considered more restrictive than the underlying zone, as applicable.
C. Standards and conditions for development. The objective of the SC Scenic Corridor Overlay Zone is to establish, protect and preserve an area of natural vegetation along each side of a designated roadway. All development within the SC Scenic Roadway Corridor Overlay Zone shall meet the following standards in addition to those required for the applicable underlying zone district:
(1) Front yard setbacks. Front yard setbacks shall be in accordance with the requirements set forth in Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter. The required setbacks in Schedule C shall be considered minimum setbacks, and every effort should be made to meet a setback of 150 feet where practicable.
(2) Undisturbed buffer.
(a) A planted scenic corridor buffer area is to be provided adjacent to all designated scenic corridors. The buffer width shall be in accordance with the requirements set forth in Schedule C at the end of this chapter. Within the required scenic corridor buffer area no disturbance is permitted except for installation of driveways and utilities. Existing vegetation is to be preserved and maintained in its natural state wherever practicable. Supplemental plantings shall be required during site plan or subdivision approval. Exceptions shall be permitted for existing agricultural lands or scenic vistas, which shall generally not be required to provide additional landscape materials other than required street trees. In some cases, supplemental landscaping may be discouraged or prohibited to protect existing views and vistas.
(b) Grading shall not be permitted within the scenic corridor buffer, except to provide driveway and utility access to the lot or site. No more than one driveway cut shall be permitted per lot. Driveway widths shall be set at the minimum necessary for safety purposes. Subdivision and site plan review shall encourage designs that do not require direct access to a designated scenic corridor, where practicable.
(c) Scenic corridor.
[1] The scenic corridor buffer shall be measured from the right-of-way line of the designated scenic roadway. No buildings, structures, signs, parking facilities, fences or other development shall be allowed within the buffer area, except for the following:
[a] Sidewalks.
[b] Bike paths.
[c] Pedestrian trails.
[d] Landscaping.
[e] Underground utilities.
[f] Ground-mounted lighting.
[g] Mailboxes.
[h] Driveway access
[2] The above-listed improvements are permitted within the buffer only after approval from the Township.
[3] All refuse containers, garbage collection areas, and ground-mounted mechanical equipment shall be located at the rear of the building and completely screened from view of the designated scenic roadway corridor by evergreen trees and shrubbery or an enclosure with a finished exterior of materials of the same type as used on the primary structure.
[4] Utility installations must minimize visual impact within the scenic corridors, and tree trimming required to maintain existing overhead utility lines be performed in accordance with acceptable measures.
[5] Site design review. Applications for projects within the Scenic Roadway Corridor Overlay Zone shall be subject to review by the Township's Shade Tree Commission in addition to standard review requirements.
[6] No grading is permitted within the Scenic Roadway Corridor Overlay Zone, except that associated with an approved site design plan.
D. Permitted uses. The uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same uses permitted in the applicable underlying zoning districts, except those prohibited uses listed below.
E. Permitted accessory uses. The accessory uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same as the accessory uses permitted under the applicable underlying zone districts, with the following prohibitions:
(1) Telecommunication antenna.
(2) Unscreened rooftop telecommunication equipment.
F. Uses permitted by conditional use. The conditional uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same as the conditional uses permitted under the applicable underlying zone districts except those prohibited uses listed below.
G. Prohibited uses.
(1) Telecommunication antenna.
(2) Billboards, flashing signs, portable signs, internally illuminated signs, and pole signs.
(3) Outside storage of inventory, materials, and equipment.
H. Maintaining rural roadways. Scenic Corridor roadways that are under the jurisdiction of Freehold Township may be maintained in a rural condition upon resolution of the Township Committee that such roadways or designated portions of do not have to be reconstructed or upgraded to Township standards except for purposes of public safety, drainage and aesthetics. A list and map of rural condition roadways shall be maintained in the Township Engineer's office delineating the roadway or portion of roadway that is declared to be a rural condition roadway by resolution of the Township Committee and including citations of the applicable resolutions for reference purposes.
