A. Purpose. The objectives of the following regulations and standards are to encourage innovations in residential, commercial and public development and redevelopment to achieve greater variety in type, layout and siting of buildings and the conservation and more efficient use of open space ancillary to those buildings or tracts of land under a comprehensive plan of development. Such comprehensive control over an entire development, rather than lot-by-lot regulations, should produce a well designed development that will have a beneficial effect upon the health, safety, general welfare and morals of the Township and the neighboring areas. Zoning Ordinance regulations specific to Planned Commercial Development in the LI and C-1 Zone Districts are contained in §414.
B. Regulations. [NOTE: The following use regulations, §405.B.1, 2, & 3, have been amended as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]
1.Permitted uses.
(a) Adult Retirement Community
(b) Detached Single Family Residence
(c) Multi-family Dwellings
(d) Townhouses
(e)Commercial uses in conjunction with a Planned Unit Development (P.U.D.) to the extent such non-residential use is designed and intended to be compatible with the Planned Unit Development (P.U.D.), including:
(i) Floor covering stores
(ii) Home furnishings stores
(iii) Household appliance stores
(iv) Radio, television & other electronics stores
(v) Computer & software stores
(vi) Musical instrument Stores
(vii) Music stores (CDs, cassettes, videos, records)
(viii) Home centers
(ix) Hardware stores
(x) Outdoor lumberyards
(xi) Building material and plumbing supply dealers
(xii) Power equipment stores
(xiii) Grocery (except convenience) stores
(xiv) Convenience stores
(xv) General stores
(xvi) Retail bakeries
(xvii) Delicatessens
(xviii) Butcher shops
(xix) Fish & seafood markets
(xx) Fruit & vegetable markets
(xxi) Beer, wine & liquor stores
(xxii) Pharmacies & drug stores
(xxiii) Cosmetics, beauty supplies & perfume store
(xxiv) Food (health) supplement stores
(xxv) Health & personal care stores
(xxvi) Family clothing & apparel stores
(xxvii) Lingerie and corset stores
(xxviii) Swimwear stores
(xxix) Jewelry stores
(xxx) Shoe stores
(xxxi) Hobby, toy & game stores
(xxxii) Bicycle stores
(xxxiii) Sporting goods stores (excluding firearms)
(xxxiv) Arts & craft shops
(xxxv) Family book stores
(xxxvi) Magazine/newspaper stands
(xxxvii) Department stores
(xxxviii) General merchandise stores
(xxxix) Florists / flower shops
(xl) Gift shops
(xli) Greeting card stores
(xlii) Seasonal holiday stores
(xliii) Christmas tree sales (outdoor)
(xliv) Office equipment, supplies & stationery stores
(xlv) Pet food & pet supplies stores
(xlvi) Pet stores
(xlvii) Membership warehouse club (retail)
(xlviii) Tobacco shops
(xlix) Art dealers
(l) Antique shops
(li) Commercial banking
(lii) Savings institutions
(liii) Bank
(liv) Credit unions
(lv) Consumer lending
(lvi) Real estate credit
(lvii) All other nondepository credit intermediation
(lviii) Financial clearinghouse & reserve activities
(lix) Investment banking & securities dealing
(lx) Securities brokerage
(lxi) Direct life Insurance carriers
(lxii) Direct health & medical insurance carriers
(lxiii) Insurance agencies & brokerages
(lxiv) Claims adjusting
(lxv) All other insurance related activities
(lxvi) Offices of real estate agents
(lxvii) Offices of real estate appraisers
(lxviii) Other activities related to real estate
(lxix) Consumer electronics & appliances rental
(lxx) Video tape & disc rental
(lxxi) Home health equipment rental
(lxxii) Consumer goods rental
(lxxiii) Musical instrument rental
(lxxiv) General rental centers
(lxxv) Offices of physicians (exc mental health)
(lxxvi) Offices of physicians, mental health
(lxxvii) Offices of dentists
(lxxviii) Offices of chiropractors
(lxxix) Offices of optometrists
(lxxx) Offices of physical, occupational and speech therapists, and audiologists
(lxxxi) Offices of podiatrists
(lxxxii) All other outpatient care centers
(lxxxiii) Diagnostic Imaging centers
(lxxxiv) Home health care services
(lxxxv) Ambulance and first aid services
(lxxxvi) Nonresidential services for elderly & disabled persons, including adult day care
(lxxxvii) Child Care Center
(lxxxviii) Family Day Care
(lxxxix) Agents, managers for artists & other public entertainers
(xc) Independent artists, writers & performers
(xci) Amusement arcades
(xcii) Bowling centers
(xciii) Billiards / pool halls
(xciv) Golf course, full size
(xcv) Golf course, miniature
(xcvi) Golf course driving range
(xcvii) Indoor recreational facility
(xcviii) Public Community Centers
(xcix) Public Parks and recreational facilities
(c) Theater, Motion Picture (indoor)
(ci) Theater, Performing Arts
(cii) Places of Worship
(ciii) Grantmaking foundations
(civ) Civic & social organizations
(cv) Professional organizations
(cvi) Labor unions & similar labor organizations
(cvii) Food service contractors / catering
(cviii) Banquet facilities
(cix) Full-service restaurants
(cx) Restaurant
(cxi) Restaurant, take-out
(cxii) Snack & nonalcoholic beverage bars
(cxiii) Barber & beauty shops, beauty salons & parlors, hairdressers
(cxiv) Cosmetic salons & cosmetology services
(cxv) Hotel beauty parlors and beauty shops
(cxvi) Manicure salon or nail services
(cxvii) Wig grooming service
(cxviii) Diet & weight reducing centers
(cxix) Depilatory salons (hair removal)
(cxx) Ear piercing services
(cxxi) Electrologist's studio
(cxxii) Electrolysis studio
(cxxiii) Scalp treatment
(cxxiv) Hair replacement
(cxxv) Tanning salons
(cxxvi) Funeral homes
(cxxvii) Consumer electronics repair & maintenance
(cxxviii) Household item repair and maintenance
(cxxix) Computer & office machine repair & maintenance
(cxxx) Communication equipment repair & maintenance
(cxxxi) Commercial equipment (excluding auto & electrical) repair & maintenance
(cxxxii) Appliance repair & maintenance
(cxxxiii) Furniture cleaning, refinishing and repair shops
(cxxxiv) Musical instrument repair shop
(cxxxv) Leather goods repair services
(cxxxvi) Shoe repair and shoeshine parlors
(cxxxvii) Bicycle repair shops
(cxxxviii) Locksmiths
(cxxxix) Welding shops and blacksmiths
(cxl) Machine shops
(cxli) Gunsmiths (no retail)
(cxlii) Swimming pool cleaning and maintenance services
(cxliii) Coin-operated laundries & drycleaners
(cxliv) Dry-cleaning & laundry services (excluding coin-op)
(cxlv) Linen supply
(cxlvi) Tailor and mending of garments
(cxlvii) Film developing services, retail
(cxlviii) Pet grooming services
(cxlix) Offices of lawyers
(cl) Offices of certified public accountants
(cli) Other accounting services
(clii) Architectural services
(cliii) Landscape architectural services
(cliv) Professional planning services
(clv) Engineering services
(clvi) Building inspection services
(clvii) Testing laboratories
(clviii) Custom computer programming services
(clix) Computer systems design services
(clx) Computer facilities management services
(clxi) Other computer related services
(clxii) Administration & general management consulting services
(clxiii) Other scientific & technical consulting services
(clxiv) Advertising agencies
(clxv) Other services related to advertising
(clxvi) Veterinary services / animal hospital
(clxvii) Photography studios & videography services
(clxviii) All other professional, scientific & technical services
(clxix) Corporate, subsidiary & regional managing office
(clxx) Office administrative services
(clxxi) Facilities support services
(clxxii) Employment placement agencies
(clxxiii) Private mail centers
(clxxiv) Quick printing
(clxxv) All other business support services
(clxxvi) Travel agencies
(clxxvii) Investigation and security services
(clxxviii) Security systems services (except locksmiths)
(clxxix) Janitorial services
(clxxx) Landscaping maintenance services
(clxxxi) Carpet & upholstery cleaning services
(clxxxii) Other services to buildings & dwellings
(clxxxiii) Municipal facilities
(clxxxiv) Fire department facilities
(clxxxv) Public safety facilities
(clxxxvi) First aid facilities
(clxxxvii) Board of Education facilities
(clxxxviii) Soil preparation, planting, & cultivating (for profit)
(clxxxix) Commercial nurseries
(cxc) Greenhouses
(cxci) Silviculture
2. Conditional uses.
(a) Assisted Living Facility
(b) Homes for the elderly
(c) Restaurant, drive-through
(d) Electricity regulating substations
3.Accessory uses.
(a) Uses customarily incidental and accessory to a principal permitted use
(b) Home Occupation
(c) Home Professional Office
(d) Swimming pools, private
(e) Tennis courts, private
(f) Health and Fitness Club
(g) Recreational clubhouse, concession stand
(h) Parking for principal use
(i) Telephone communication distribution
(j) Coaxial cable communication distribution
(k) Emergency services radio communication facilities
(l) Natural gas distribution
(m) Electric power transmission & distribution
(n) Public water supply purveyance & distribution
(o)Sanitary sewer lines
4. General development standards. The following general development standards shall be met by any P.U.D.:
5.A P.U.D. in excess of 100 acres shall include a golf course as part of its overall development.
6.In order to encourage and enable a P.U.D. of desirable and imaginative design and to maintain the standards of this section, it is required that all sections or phases be developed in accordance with a comprehensive final plan for the overall development of the property as approved by the Planning Board. If developed in sections or phases, the first section or phase shall include, at a minimum, the golf course and all improvements necessary to serve the golf course, residential and commercial components of this section or phase. This is to ensure that each section or phase can be self supported and complete.
7.Residential development.
(a)The residential area in which the dwelling units are constructed which will be over the entire P.U.D., excluding the acreage fronting on State Highway 66 to a depth of 500 feet, which is designated for commercial use (as to the Jumping Brook site approximately 14.98 acres) and excluding 104 acre golf course, shall include sixteen (16) single family homes, which must be adjacent to the R-1 Zone. The residential component of the P.U.D. shall be constructed in accordance with the following standards:
(i)The residential development shall be permitted on any portion of the development except any portion that fronts on State Highway 66 to a depth of five hundred (500') feet.
(ii)Compatible commercial uses shall be allowed, in the area described in subparagraph a. above, but shall be a golf course, clubhouse, restaurant, banquet facility or hotel. An adult retirement community shall provide a clubhouse or other community facility to allow for active recreation and social opportunities
(iii) Coverage of the residentially developed portion of the site, by buildings, shall not exceed thirty (30%) percent.
(iv) In a townhouse development, there shall not be more than eight
(v) No townhouse structure shall exceed a height of three (3) stories or thirty-five (35) feet.
(vi) No structure containing a group of attached townhouses shall exceed a length of two hundred (200) feet.
(vii) The minimum floor area for attached townhouse shall be at least 1,200 square feet for one (1) story structures and 1,600 square feet for two (2) story structures. Detached single family dwellings shall have a minimum floor area 1,400 square feet for one (1) story structures 1,700 square feet for two (2) story structures.
(viii) A minimum distance of thirty (30) feet shall be maintained between each building not located on a detached single family lot. Buildings not located on a detached single family lot shall have a minimum setback of thirty (30) from any detached single family lot line. Buildings not located on a detached single family lot shall have a minimum front yard setback area of ten (10) feet, measured as the distance between the front building line and the street right-of-way line, private roadway & utility easement or parking lot, whatever the case may be.
(ix) There shall be a perimeter setback of at least fifty (50') feet from all sides of the residential developed portion of the site. Where the development abuts existing residences, this buffer area shall be landscaped to provide a visual screen.
(x) Inner courts shall be prohibited; the minimum width of outer courts shall be thirty (30') feet; the depth thereof shall not exceed its width.
(xi) For each dwelling unit there shall be provided at least two (2) onsite parking spaces as defined in this chapter and one (1) of the two (2) parking spaces shall be contained in a fully enclosed garage. In addition, there shall be provided at least one (1) visitor parking space for every three (3) dwelling units, distributed in locations throughout the entire development that will be most convenient for callers to the residents in the development. Wherever open surface parking spaces are provided for four (4) or more vehicles, such spaces shall be individually identified by pavement markings and shall be screened by a substantial wall, fence of a design compatible with that of the principal buildings or a thick hedge four (4') feet in height above the average finished grade of the parking area. No parking spaces shall be located in any part of the required perimeter minimum setback area.
(xii) All townhouse units and buildings shall be of designs which are compatible with other residential structures in the neighborhood to achieve a maximum of architectural harmony. In siting rows of townhouses, individual dwelling units contained within each row must be staggered to avoid a monotonous, uniform appearance.
(xiii) Every dwelling unit within the residential development shall be served by public water and public sanitary sewer facilities which shall be installed by and at the expense of the developer. In addition, the developer shall, at his own expense, install and maintain roads, driveways, guest parking facilities, street lights, fire hydrants, landscaping and recreation facilities and any other improvements such as drainage facilities as required according to the standards of the Township and as provided for major subdivisions and site plans under Section 40:55D-1 et seq. of the Municipal Land Use Law.
(xiv) All utilities within a residential development shall be installed underground.
(xv) Garbage and refuse storage and collection shall be provided at appropriate and convenient locations by the developers.
(xvi) When seventy-five (75) percent of the dwelling units of an approved phase of the development are occupied, the control of the Condominium Association shall be turned over to the Homeowners' Association.
(b) Golf Course. A golf course shall have an area of at least one hundred four (104) acres and shall contain eighteen (18) holes. In the case of the Jumping Brook site the golf course shall contain at least the same playing yardage 6,479 yards as currently exists. Owners of residential units in the P.U.D. shall have a right to be members of the golf course and the golf course shall be owned and maintained by an Association. The golf course shall remain as open space in perpetuity and nothing shall be constructed on its playing area except for necessary and appropriate structures such as maintenance sheds. The provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-43 shall be in effect with respect to an open space organization.
(c) Additions to P.U.D. No construction permit shall be issued for construction of an addition to the P.U.D. except in areas having a minimum size of one hundred fifty (150) acres.
8.Commercial Land Uses. Commercial land uses shall be permitted subject to the following standards:
(a) Commercial uses, excluding a golf course, shall not occupy more than fifteen (15) percent of the P.U.D. With the exception of a golf course, clubhouse, restaurant, nightclub, banquet facility or hotel which may be located anywhere on the site that the Planning Board deems appropriate, all of the commercial development of the site shall only take place along that portion of the site which has frontage along State Highway 66 to a depth of 500 feet; as to the Jumping Brook site approximately 14.98 acres.
(b) The Planning Board may in its discretion permit expansion of the area of the site to be developed commercially, so long as the total amount of property used for commercial purposes, excluding the golf course, does not exceed twenty (20) percent of the P.U.D.; as to the Jumping Brook site not to exceed approximately forty (40) acres. The Planning Board may only permit the expansion of the commercial area pursuant to this subparagraph so long as the expansion does not reduce the area reserved for the golf course as set forth in paragraph d. of this section.
(c) Commercial uses, as described above, shall be limited to the following: general office buildings, computer centers, research laboratories, banking facilities, hotels, restaurants and designed shopping centers which include retail and service establishments. Outdoor displays and outdoor storage of goods and/or merchandise are specifically prohibited.
(d) A minimum front yard setback of fifty (50) feet shall be provided from New Jersey State Highway 66.
(e) Minimum side yards of twenty-five (25) feet shall be provided.
(f) A minimum rear yard of fifty (50) feet shall be provided. This rear yard buffer shall be landscaped to provide a screen for the residential portion of the development; landscaping shall be located entirely on the commercial portion of the site.
(g) A maximum building height of six (6) stories or sixty-five (65) feet shall be allowed.
(h) A minimum building floor area of five thousand (5,000) square feet shall be allowed.
(i) A maximum lot coverage, by buildings, of thirty (30) percent shall be allowed.
(j) Parking for office, retail and services uses shall be a minimum of four (4) spaces for each one thousand (1,000) square feet of gross floor area.
(k) Parking for hotels and motels shall be a minimum of one (1) space for each room plus one (1) space for each full time employee.
(l) Parking for restaurants shall be a minimum of one (1) space for each forty (40) square feet devoted to patron use plus one (1) space for each full time employee.
(m) Loading facilities shall be provided in accordance with the standards set forth in Article IV.
(n) Signs shall be provided in accordance with the standards set forth in Article IV.
9.Common Open Space. There shall be provided at least twenty (20) percent of the gross area of a P.U.D. for open space use, in such dimensions and locations as to be utilized to the maximum extent for active and passive recreation facilities. The common open space requirement may be reduced to ten (10) percent in conjunction with an adult retirement community, provided adequate active recreation facilities are provided. Open space set-asides shall be in addition to parking and loading areas, streets, pedestrian walks or principal recreational land uses such as a golf course, swim club, etc. The type of improvement and the organization having responsibility for maintenance of the open space, including the golf course, shall be clarified as required in this section and included in the Master Deed and reviewed and approved by the Planning Board and State Department of Community Affairs.
10. Open Space, Streets and Other Requirements. All open spaces between buildings shall be protected by fully recorded covenants running with the land, conveyances or dedications. The right- of-way and pavement widths for all internal streets, roads or other access ways for vehicles and/or pedestrians shall be determined on the basis of the Township's planning and engineering standards and shall be based on the projected needs of the full development of all land uses, proposed in the comprehensive final plan, and the traffic to be generated by such land use as well as the need for access for fire fighting, ambulances and other emergency vehicles.
11. Common Open Spaces and Other Common Uses. Every structure, use or land designated for common private usage or in common ownership or control by occupants or which functions as an independent corporate property owner or agent of management shall be located on a plot of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such ownership or management on the final plan or a plan for a section or stage of a P.U.D. and the Master Deed.
12.Responsibility for Utilities and Services. Within the P.U.D., all private roads, walkways, services, utilities, maintenance and expenses which are comprised of or incurred in any of the interior sections of the P.U.D. shall be the obligation of the unit owners, and under no circumstances shall an application be considered, whether to the Planning Board or to the governing body, which seeks to have the Township agree to pay all or any portion of such expenses. Services, utilities and maintenance shall be defined to mean all those services normally rendered by the municipality (except Police, Fire and First Aid to the extent normally provided), including but not limited to garbage collection, snow-plowing, lighting changes, road, sanitary sewer and storm sewer maintenance and replacement, water hydrants, etc. Each contract of sale and deed of conveyance for units in the P.U.D. shall specifically set forth a complete copy of this paragraph (with sufficient identifying language) so that all purchasers shall be aware of the conditions therein set forth.
C. Tentative Approval.
1. Pre-Application Conference. Prior to official submittal of an application for consideration of a P.U.D., the applicant shall meet with the Planning Board, or duly designated officer thereof, for a pre-application conference as to the location, scope and nature of the proposed development.
2. All planning and subdivision data relating to the platting, use and development of the P.U.D. and subsequent modifications of the regulations relating thereto, shall be determined and established by the Planning Board.
3.The application and development plan for tentative approval shall include plans and data as required in Articles VII and VIII of this Chapter, in addition to the following information:
(a)Location and size of the site and the nature of the applicant's interest in the land proposed to be developed.
(b) An accurate topographic and boundary line map of the site; if applicable, areas to be filled and evidence that such treatment would be in accordance with the ordinances of the Township.
(c) Density computations of all land uses proposed for various parts of the site, number of dwelling units and other similar data pertinent to a comprehensive evaluation of the proposed development.
(d) Use, type, approximate bulk, height and location of proposed structures.
(e) Location and size of any common open space and the form of organization proposed to own and maintain such open space.
(f) Copy of the proposed organizational structure related to Property Owners Association, protective covenants, deeds of dedication, by-laws, regulations and master deeds, proposed easements or grants for public utilities.
(g) Proposals for the sanitary waste and storm water disposal systems as they affect the P.U.D. site and surrounding property.
(h) Proposed public and private roads, driveways and parking and loading facilities, drawn to scale. A traffic study, which discusses potential impacts and mitigation measures, shall be submitted.
(i) Location of any golf course or other recreation facility to be retained, if applicable.
(j) Proposed schedule within which applications for final approval of all sections of the P.U.D. are intended to be filed.
(k) Variations, if any, from land use regulations otherwise applicable to subject property.
(l)The substance of covenants, grants of easement or other restrictions imposed on the use of land and buildings.
4. The fee for P.U.D. applications shall be as determined in Article X of this Chapter.
5. The application shall include a written statement by the applicant setting forth the reasons why, in his opinion, a P.U.D. would be consistent with the purposes and objectives set forth in this Subsection.
6.Prior to approval of an application for P.U.D., the Planning Board shall find the following facts and conclusions:
(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards set forth for Planned Unit Developments;
(b) That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common 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 development will not have an unreasonable 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.
(f) Review and approval of an application for P.U.D. shall be in accordance with the procedures for site plan approval as contained in the Zoning Ordinance of the Township and the Municipal Land Use Law. [NOTE: Section 405 has been amended per Ordinance No. 02-42]
