A. Supportive care housing for low- and moderate-income senior citizens and the handicapped may be permitted by this chapter in the R-40 Zone District only upon receipt of a conditional use permit, provided that the following conditions established herein are complied with:
B. The purpose of the supportive care housing for senior citizens and the handicapped is to provide for the special needs of low- and moderate-income senior citizens and the handicapped within R-40 Residential Zone District in accordance with the Freehold Township Fair Housing Plan. Due to the unique requirements of senior citizens and physically handicapped individuals, supportive care housing facilities can require greater height, less parking, ancillary maintenance and support facilities and special design standards not normally associated with single-family dwellings permitted in the R-40 Residential Zone District or with conventional for multifamily housing permitted in other residential zone districts within Freehold Township. Special design standards include building setbacks, buffers, screening, fire safety, security, aesthetics, parking standards, building setbacks, density and floor area ratio standards as follows:
(1) Minimum tract size shall be 200 acres and minimum buildable development area shall be 40 acres. In calculating the minimum tract size, contiguous areas of the tract located within a R-R Zone District may be included as part of the tract area. Areas dedicated or to be dedicated for conservation purposes may be considered in calculating the minimum tract size even though held in the name of a different entity, provided that the area was part of the lot on the date of the passage of this section amendment and restricted for conservation and against further development.
(2) The minimum street frontage on a collector or arterial roadway according to the Freehold Township Master Plan shall be 500 feet.
(3) In addition to the primary access drive, a minimum of one additional and separate emergency access road shall be provided to the project site. The secondary access or emergency road shall be capable of two-way traffic for emergency vehicles including ladder and platform fire equipment in accordance with Township roadway design standards and requirements of the Township Engineer, and requirements of the Bureau of Fire Prevention for safety and emergency access.
(4) A planted buffer strip a minimum of 25 feet in width shall be required at the perimeter of the supportive care housing facility development area adjacent to existing developable residential zone districts. Existing natural vegetation shall be utilized to the greatest extent feasible and shall be supplemented where required with evergreen plant materials in accordance with a landscape plan to be approved by the Planning Board.
(5) A fire safety plan shall be submitted to the Planning Board. The Board shall forward same to the Fire Prevention Bureau for review and recommendations to the Board.
(6) A security plan shall be submitted to the Planning Board. The Board shall forward same to the Police Chief for review and recommendations to the Board.
(7) All buildings 35 feet or less shall be located a minimum of 200 feet from the arterial or collector roadway and 50 feet from the perimeter of the remainder of development area. Buildings greater than 35 feet in height but not to exceed 60 feet or five stories in height shall be located a minimum of 200 feet from any public roadway and not less than 100 feet from any residential property line.
(8) Parking spaces shall be provided at the rate of 1/4 space per dwelling unit plus one space for each employee on the maximum shift.
(9) Supportive care housing structures shall be designed to minimum standards for congregate care facilities as established by the New Jersey Housing Mortgage Finance Agency and the New Jersey Council on Affordable Housing Regulations.
(10) The maximum number of units shall be 500.
(11) Maximum building coverage shall not exceed 25% of the development area.
(12) Maximum impervious surface coverage shall not exceed 35% of the development area.
(13) The maximum floor area ratio shall be 0.50 of the development area.
(14) At least 50% of the units shall be affordable to low- and moderate-income households as defined in § 190-142. At least 50% of the affordable units shall be affordable for low-income households.
(15) At least 75% of the units shall be age restricted pursuant to § 190-142; however, the minimum age shall be 62 years of age. The balance of the units shall be restricted to the handicapped.
A. Antennas and towers that are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities (see § 190-169) may be conditionally permitted on nonmunicipal property in the M-1 Industrial Zone upon submission and approval of a site plan and conditional use permit in accordance with the regulations set forth below:
B. Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
C. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
D. State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.
E. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Freehold Township irrespective of municipal and county jurisdictional boundaries.
F. Maximum height.
(1) The tower shall meet the following maximum height and usage criteria:
(a) For a single user: up to 90 feet in height;
(b) For two users: up to 120 feet in height; and
(c) For three or more users: up to 150 feet in height.
(2) A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
G. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(1) No existing towers or structures are located within the geographic area that meets an applicant's engineering requirements.
(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
H. Minimum required setback. The following minimum setback requirements shall apply:
(1) Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(2) Guy wires and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.
I. Minimum separation requirement between uses. The following separation requirements shall apply:
(1) Separation from off-site uses/designated areas.
(a) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection I(2) below, except as otherwise provided.
(b) Towers shall maintain a separation distance of 200 feet or 300% of the tower height, whichever is greater, from residential dwelling units or from lands zoned for residential use.
(2) Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.
Required Separation Distances Between Wireless Communications Towers (in linear feet)
J. Buildings or other equipment storage.
(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c) Equipment storage buildings or cabinets shall comply with all applicable Building Codes.
(2) Antennas located on towers, utility poles, or light poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
A. Purpose. Day-care facilities for infants and children may be permitted in specified zones only upon receipt of a conditional use permit and provided that the following standards are met together with any other requirement deemed necessary by the board to ensure that the health, safety and welfare of the children are protected and maintained.
B. Day-care facilities shall be licensed by the New Jersey Department of Human Services in accordance with N.J.S.A. 40:55D-66.4 and 40:55D-66.5.
C. Day-care facilities shall be incorporated into a principal use structure, except that for hospital facilities requiring a certificate of need, a freestanding day-care facility may be provided as an ancillary use on the same site as the main hospital facility. In other zones where day-care facilities are allowed as a conditional use, temporary day-care facilities for periods of not more than three years may be provided where the minimum size of the building is no less than 2,500 square feet upon such conditions and with such assurances as the Planning Board may require to insure that the facility will be used only on a temporary basis. Day-care facilities shall provide adequate parking and pickup/dropoff areas.
D. Outdoor recreation space, tot lot equipment and play areas shall be fenced and landscaped.
Pool or billiard parlors may be permitted in the specified zones only upon receipt of a conditional use permit and providing that the following standards are met together with any other applicable requirements of the ordinances of the Township of Freehold:
A. Proximity. The premises in which the pool or billiard parlor will be located must be at least 750 feet from:
(1) Schools, houses of worship or other buildings of public assembly. [Amended 9-25-2007 by Ord. No. O-07-25]
(2) Any residential zone.
B. Area. The premises in which the pool or billiard parlor is to be located must have at least 397 square feet of floor area per table up to 10 tables; for each table over 10, there must be at least 390 square feet of floor area per table. Such floor area shall be exclusively devoted to the table, the free unobstructed area to be maintained around the table, aisleways and seating capacity for spectators. The foregoing area requirement is independent of areas devoted to rest rooms, supply rooms, offices or foyers and the like.
C. Location. All premises housing a pool or billiard parlor shall be on the street floor of any building and shall be so arranged and lighted so that a full view of the interior where all the pool or billiard tables are located may be had from the public area outside the pool or billiard parlor.
D. Number of tables. No pool or billiard parlor shall be permitted to have in excess of 20 tables.
E. Parking requirements. Without regard to parking requirements as set forth in Article XIV, one parking space shall be provided for each 100 square feet of floor area. If the pool or billiard parlor is to be located in premises which are a part of an established commercial center, the burden will be upon the applicant to prove that there is sufficient parking on the site to satisfy the requirements of Article XIV for all other uses on the site and still have sufficient parking capacity remaining in order to provide one parking space for each 100 square feet of floor area for the premises in which the pool or billiard parlor is to be located.
F. Compliance with licensing requirements. The applicant shall present proof that either it has received a license from the Township of Freehold in order to operate a pool or billiard parlor, pursuant to Chapter 191, Licensing, Article I, and Chapter 240, Pool and Billiard Parlors, of the Code, or will be making application for such license and agrees that in the event it is unsuccessful in obtaining a license, any conditional use permit granted hereunder shall be deemed null and void. The applicant shall also satisfy the approving agency that it is familiar with all of the regulations contained in Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold, and has made provision for complying with all such regulations within the premises which is the subject of the application for the conditional use permit.
G. Conditions of conditional use permit. Any conditional use permit issued by the approving agency pursuant to this section shall be made subject to the continuing compliance of the applicant with not only the provisions of this section, but also all provisions of Chapter 240, Pool and Billiard Parlors, of the Code of the Township of Freehold.
H. Exemptions. The provisions of this section shall not apply to any religious, charitable, benevolent or nonprofit association or corporation which operates or maintains up to three pool or billiard tables solely for the recreation and amusement of its members for no charge or fee, provided that such organization is bona fide in character and is not intended as a means or device for avoiding the terms and provisions of this section.
In order to foster the preservation of historic resources located in Freehold Township and to encourage the development of new buildings which are complimentary to the community's history and character, certain types of commercial development may be permitted as a conditional use. All buildings and sites shall be designed and developed in a manner that will be compatible with the architectural and visual characteristics of historic buildings, sites or districts, including the scale, height, rhythm and location of buildings, as well as the specific construction materials that are used. All projects shall be reviewed by the Historic Preservation Commission in accordance with the Standards of Review contained in § 190-233 of this chapter. Where feasible, the Township of Freehold will provide assistance to the developer in obtaining grants, loans, tax credits, and other subsidies that may be available for historic preservation. The following types of commercial development may be permitted:
A. Restaurants and retail uses may be permitted in specified districts only upon receipt of a conditional use permit and site plan approval by the Planning Board, approval by the Historic Preservation Commission, and provided that the following special design standards and conditions are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of this chapter:
(1) The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2) The site shall adhere to the schedule of area, yard and building requirements for the P-1 Professional Zone District with the following exceptions:
(a) Front setback: 35 feet; however, open porches and outdoor seating areas may project not more than 10 feet into a required front yard area.
(b) Maximum building height: new construction shall be compatible with the height of the historic landmark but in no case shall building height exceed 35 feet and not more than 2 1/2 stories.
(c) Minimum size of principal building: no requirement for historic landmarks: 3,000 square feet for new construction other than additions.
(d) Maximum size of principal building: 10,000 square feet. However, in order to encourage the construction of buildings which are representative of traditional villages, buildings which exceed 5,000 square feet of gross floor area shall utilize an articulated facade to create the impression of smaller connected buildings.
(e) Maximum impervious lot coverage: 60%; however, impervious lot coverage may be increased to not more than 65%, provided that the additional coverage is devoted to an outdoor plaza, seating area, courtyard or other public amenity space.
(3) Retail stores.
(a) Retail stores limited to the following uses listed in the Standard Industrial Classification Manual of 1987 prepared by the U.S. Office of Management and Budget shall be permitted:
[1] Country general stores (Industry Group No. 539).
[2] Meat and fish (seafood) markets (Industry Group No. 542).
[3] Fruit and vegetable markets (Industry Group No. 543).
[4] Candy, nut, and confectionery stores (Industry Group No. 544).
[5] Dairy products stores (Industry Group No. 545).
[6] Retail bakeries (Industry Group No. 546).
[7] Miscellaneous food stores, including coffee and tea stores, health food stores (Industry Group No. 546).
[8] Florists (Industry No. 5992).
(b) No individual retail store shall contain less than 3,000 square feet of gross floor area and the total floor area devoted to retail use shall not exceed 5,000 square feet of gross floor area.
(4) Other uses. [Added 10-2-2012 by Ord. No. O-12-20]
(a) Fitness and recreational sports centers (NAICS 713940).
(5) Architecture and site layout.
(a) Architectural styles shall be limited to those styles representative of Freehold Township. New buildings, additions and infill construction shall be compatible with existing historic buildings in terms of height, setbacks, rooflines, scale and proportion, building materials, and the pattern of windows, door and other architectural features. Buildings shall be compatible with one another; however, architectural diversity shall be encouraged to create visual interest within the project site.
(b) Buildings shall be oriented around an internal street, courtyard, square, plaza, or similar public amenity space.
(c) Buildings shall be designed such that building facades are oriented toward the street and parking areas which they face as well as the internal public amenity space.
(6) Off-street parking shall not be permitted within 35 feet of any street line. All off-street parking spaces shall be screened from view from any street by a solid row of evergreen plantings with a minimum height of 30 inches or other suitable landscaping. At least one shade tree shall be planted for every six parking spaces and at least one shade tree shall be planted for each 40 feet of frontage along a public street.
(7) Signage shall be in accordance with § 190-183 of this chapter.
B. Historic commercial villages may be permitted in specified districts only upon receipt of a conditional use permit and site plan approval by the Planning Board, approval by the Historic Preservation Commission, and provided that the following special design standards and conditions are met, together with any other requirements deemed necessary by the Planning Board, and any other applicable requirements of this chapter:
(1) The site shall be an historic landmark or a key or contributing site located within an historic district. Properties which are classified as sites of historic interest shall be eligible for a conditional use permit, provided that a deed restriction is recorded in the County Clerk's office in accordance with § 190-233C(2) of this chapter.
(2) The project shall include the relocation and renovation of not less than one historic structure which shall be integrated into the design of the site in accordance with the requirements of § 190-233G of this chapter.
(3) An historic preservation easement shall be provided to encompass the historic buildings and structures, including additions and adjoining infill construction located within 15 feet of the historic buildings and structures located on the site. The historic preservation easement shall not be less than 10% of the gross tract area of the property. The historic preservation easement shall include provisions for the rehabilitation and maintenance of the historic buildings and structures located within the easement. The easement may be dedicated to the municipality or to a nonprofit agency. Land uses within the buildings and structures located within the historic preservation easement shall be limited to those specified in § 190-209B(4)(b) to (g) of this chapter. In addition, retail uses limited to florists, bookstores, arts and crafts shops, antique stores, bakeries, confectionery stores and similar retail establishments selling historic or traditional goods and products may be permitted within the buildings and structures located within the historic preservation easement.
(4) The following uses may be permitted:
(a) Retail stores, shops and personal service establishments limited to the following uses listed in the Standard Industrial Classification Manual of 1987 prepared by the U.S. Office of Management and Budget:
[1] Department stores (Standard Industrial Classification Industry Group No. 531).
[2] Supermarket (Industry Group No. 541).
[3] Variety stores (Industry Group No. 533).
[4] Miscellaneous general merchandise stores, including catalog showrooms, general merchandise stores, country general stores (Industry Group No. 539).
[5] Meat and fish (seafood) markets (Industry Group No. 542).
[6] Fruit and vegetable markets (Industry Group No. 543).
[7] Candy, nut, and confectionery stores (Industry Group No. 544).
[8] Dairy products stores (Industry Group No. 545).
[9] Retail bakeries (Industry Group No. 546).
[10] Miscellaneous food stores, including coffee and tea stores, health food stores (Industry Group No. 546).
[11] Apparel and accessory stores (Major Group No. 56).
[12] Home furniture and furnishings stores (Industry Group No. 571).
[13] Computer and computer software stores (Industry No. 5734).
[14] Record and prerecorded tape stores (Industry No. 5735).
[15] Musical instrument stores (Industry No. 5736).
[16] Miscellaneous shopping goods stores including sporting goods stores, bicycle shops, bookstores, stationery stores, jewelry stores, hobby shops, camera and photo supply stores, gift shops, luggage and leather goods stores, sewing stores and antique stores. (Industry Group No. 594).
[17] Florists (Industry No. 5992).
[18] Newsstands (Industry No. 5994).
[19] Optical goods (Industry No. 5995).
[20] Photographic studios (Industry No. 7221).
[21] Beauty shops (Industry No. 7231).
[22] Barbershops (Industry No. 7241).
(b) Restaurants, provided that drive-through facilities shall not be permitted.
(c) Colleges and other institutions of higher education.
(d) Offices for professional, executive or administrative purposes.
(e) Museums and art galleries.
(f) Banks, financial institutions, insurance and real estate offices, and travel agencies.
(g) Municipal and governmental facilities.
(5) Development on the site shall adhere to the schedule of area, yard and building requirements for the P-1 Professional Zone District with the following exceptions:
(a) Minimum lot size: 15 acres.
(b) Minimum front yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the front property line than the existing structure; new structures shall be set back at least 65 feet from the front property line.
(c) Minimum rear yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the rear property line than the existing structure; new structures shall be set back at least 25 feet from the rear property line.
(d) Minimum side yard setback: no requirement for existing structures or additions to existing structures, provided that no addition shall be located any closer to the side property line than the existing structure; new structures shall be set back at least 25 feet from the side property line.
(e) Maximum building height: Building height shall be compatible with existing structures but in no case shall building height exceed 35 feet and 2 1/2 stories. Clock towers and similar unoccupied architectural features or structures may be erected to a height not to exceed 50 feet.
(f) Minimum width of buffer zone from residential zone districts or uses: 30 feet.
(h) Minimum size of principal building: no requirement for existing and relocated historic buildings, or new structures within a historic easement area. The minimum principal building size for new structures shall be at least 2,000 square feet.
(i) Maximum size of principal building: No building shall exceed 65,000 square feet. Building facades shall be staggered to foster the appearance of smaller, connected buildings; no single facade shall exceed 150 feet in length. Buildings may be connected by a fire-rated party or connecting wall, provided that each building has a separate and distinct facade and provided that no combination of individual buildings shall exceed 300 feet in length along a linear plane without being separated by a courtyard or other open area with a depth and width of not less than 20 feet or without a variation in building setback of not less than 20 feet.
(j) Floor area ratio shall not exceed 0.18%.
(6) Site layout.
(a) The use of internal streets, courtyards, squares, plazas or similar public amenity spaces shall be encouraged.
(b) Street furniture, including but not limited to fountains, benches, trash receptacles, lighting fixtures, and brick pavers shall be encouraged and shall utilize traditional design to promote a uniform theme throughout the project.
(7) Architecture.
(a) Architectural styles shall be limited to those styles representative of Freehold Township. New buildings, additions and infill construction shall be compatible with existing historic buildings in terms of height, setbacks, rooflines, scale and proportion, building materials, and the pattern of windows, doors and other architectural features. Buildings shall be compatible with one another, however, architectural diversity shall be encouraged to create visual interest within the project site.
(b) Natural materials, including but not limited to brick, stone, wood clapboard siding, cedar shakes, and wood shingles, shall be used for all buildings. Imitation or synthetic materials may be permitted where the appearance is similar to natural materials.
(c) Architectural features, including but not limited to windows, doors, and roofing shall be designed in a traditional manner and shall be in proportion with the buildings on the site. The use of architectural elements such as porches, balconies, balustrades, towers, decorative fences and walls, bracketed eaves, quoins, coping, corbelling, and decorative moulding are encouraged where appropriate with the design of the building.
(d) Buildings shall be designed such that all building facades which are oriented toward public or internal streets, off-street parking areas, and public amenity spaces shall be designed as the main front facades. Multiple building entrances are encouraged to generate active pedestrian circulation throughout the project site.
(e) Architectural plans shall be submitted showing all elevations and architectural details for each building. All exterior building materials shall be labeled on the plans and details shall be provided regarding the color, texture, and appearance of these materials.
(8) Off-street parking.
(a) Off-street parking shall not be permitted within 25 feet of any public street. The twenty-five-foot area between off-street parking and public streets shall be landscaped so as to enhance the appearance of the perimeter of the commercial village but not obstruct the visibility of the commercial village from the public street.
(b) Off-street parking facilities shall be clustered throughout the site rather than located in one centralized area. Individual parking areas shall contain no more than 150 spaces and shall be separated from other parking areas by a curbed and landscaped island at least five feet in width.
(c) At least one shade tree shall be planted for every six parking spaces appropriately disbursed throughout the site and at least one street tree shall be planted for every 40 feet of frontage along a public street.
(9) Signage shall be in accordance with § 190-183 of this chapter.
(a) A signage plan shall be submitted for all freestanding and facade signs.
(b) Historical markers and bronze plaques shall be provided to identify and describe the significance of the site and the individual historic buildings and structures. The design and wording shall be subject to review and approval of the Historic Preservation Commission.
(c) Storefront window displays consistent with the overall theme and architectural appearance of the historic commercial village shall be encouraged; however, permanent signs located on storefront windows or doorways shall not exceed 20% of the area of the window or doorway in which they are displayed and temporary signs located on storefront windows or doorways shall not exceed 40% of the area of the window or doorway in which they are displayed.
(10) In order to guide the design and development of historic commercial villages, applicants shall submit conceptual site plans and architectural plans prior to the submission of a formal application.
