A.
The Borough of Rutherford, being confronted with increasing
urbanization and acknowledging that the technology of land development
and land use planning is undergoing substantial and rapid changes
and recognizing the desirability of the objectives set forth in N.J.S.A.
40:55D-39, intends to encourage:
(1)
Flexibility. The variety and flexibility in land development
for all purposes and uses ancillary thereto and compatible therewith
which is necessary to meet those changes in technology and demand
and which will be consistent with the best interests of the entire
borough.
(2)
Initiative. The most efficient allocation and maintenance
by private initiative of open spaces ancillary to all compatible uses.
(3)
To meet needs. The most efficient use of those public
facilities required in connection with all development in providing
for all uses of land to be in the best interests of the borough.
B.
In recognition of the urgent need for the redevelopment
of those congested and blighted areas abutting the central areas of
the borough in order to furnish appropriate commercial development
and adequate housing facilities in proximity to the commercial and
civil amenities of the central areas of the borough; in the belief
that private investment should be encouraged to contribute to that
redevelopment; in recognition that necessary redevelopment cannot
be expected to take place in strict accordance with those uniform
regulations appropriate to the established areas of the borough; in
order to provide increased flexibility of the laws governing the development
of those areas in the borough aforesaid; to encourage such development
in directions that will recognize both the changes and design in technology
in the building industry and the new demands in the commercial and
residential housing markets; to provide that the uniform regulations
appropriate to previously developed neighborhoods and commercial areas
do not operate to discourage efficient and imaginative development
of said areas consistent with the reasonable enjoyment of neighborhood
properties; to establish patterns and characteristics of future developments
which will result in desirable economic and social consequences and
will make the most desirable and economic use of the resources of
the area planned; to provide for the maximum benefit from coordinated
areas site planning, including the diversified location of structures
and mixed compatible uses; to provide a safe, efficient system for
pedestrian and vehicular traffic, attractive landscaped open areas;
and to provide for the multiple needs of society and maximize the
opportunity for a wide range of choices in commercial development
and residential living and to serve the varying needs of persons in
such areas, the borough does hereby adopt this chapter so that single
parcels of land or combinations of parcels of land in single ownership
may be developed with one or more principal structures and related
accessory uses and other environmental development.
No site plan for any planned commercial development
shall be approved unless it contains the following types and amounts
of development:
A.
Commercial development use standards.
(1)
No business establishment shall offer or sell food
or beverages for consumption on the premises in parked motor vehicles.
(2)
Strip commercial development shall have a minimum
height of three stories or 36 feet.
(3)
Commercial uses in the PCD District shall be limited
to the following:
(a)
Banks.
(b)
Offices.
(c)
Those uses specified in § 131-7D(1), except blueprinting and photostating establishments, catering establishments, drive-in restaurants, fast-food restaurants, grocery stores, laundries, locksmith shops, newsstands, pawnshops, secondhand stores, shoe repair stores, taxidermist shops, theaters and upholstering shops.
(d)
Newspaper stores.
C.
Common property.
(1)
At least 15% of the area of each planned commercial
development, excluding the area reserved and used for surface and/or
enclosed parking, shall be used for common property.
(2)
Common property shall contain landscaped areas and
may contain watercourses or other amenities. Landscaped areas shall
contain lawns, trees and shrubbery and pedestrian paths, walks and
malls and may contain flower and rock gardens, statues and sculpture
and whatever other matter enhances the quality of the landscaped area.
(3)
The developer of a planned commercial development
may satisfy the requirement for common property through the use of
plazas and malls which may be opened or covered and pedestrian paths
and ways and may contain fountains and reflecting pools, landscaped
areas and watercourses.
(4)
Prior to the site plan approval of any planned commercial
development, the Planning Board shall be satisfied that the applicant
has properly provided for the maintenance of the common property.
(5)
Structures and common property shall be laid out in
a manner that best serves the residents and users of each planned
commercial development. Site layouts shall maximize aesthetic values
and shall be in accordance with imaginative and farsighted concepts
of site design. All required utilities to be constructed along Orient
Way and/or Erie Avenue shall be installed underground.
A.
Placement of structures. The placement of commercial
and residential structures and accessory parking and refuse depository
facilities shall provide a compatible and practical arrangement of
such structures and uses within the tract and surrounding area.
B.
Setback. The common property between the boundaries
of the parcel of property upon which the planned commercial development
is to be constructed and the proposed buildings or structures shall
not be less than 25 feet in depth and shall be maintained as common
property, except that walks, driveways and rights-of-way for utilities
and drainage channels and below-grade parking structures may be developed
and maintained in such area.
C.
Traffic circulation. Traffic circulation facilities
within the planned commercial development shall provide for the safe
and convenient movement of pedestrians and vehicles, including accessibility
by emergency, municipal and delivery vehicles.
D.
Utilities. The electric power, telephone and illumination
lines shall be installed underground, and easements, when required,
provided that transformers and substations may be installed within
accessory buildings or structures designed for this purpose. This
requirement may be waived only upon a finding by the Planning Board
that such underground installations in the specific area are not feasible.
E.
Signs. The use of signs or similar devices for purpose of advertisement or identification within the planned commercial development, exclusive of municipal signs, shall be regulated by § 131-18 and is further limited to:
(1)
A sign pertaining to the identification of the planned
commercial development and located at or near the entrance to the
development, provided that the design, scale, material and location
thereof is in harmony with and complementary to the overall development;
such sign may be used independently or as an architectural extension
of a building, structure or wall and may also be illuminated, provided
that it shall be properly shaded so that the source of light will
not be visible.
(2)
Signs pertaining to the identification of commercial
or nonresidential establishments, provided that the design, scale,
material and location thereof is in harmony with and complementary
to the overall development; such signs may also be illuminated, provided
that they shall be properly shaded so that the source of light will
not be visible.
(3)
Signs pertaining to the direction of pedestrian or
vehicular traffic, provided that the design, scale, material and location
thereof is in harmony with and complementary to the overall development;
such signs may also be illuminated, provided that they shall be properly
shaded so that the source of light will not be visible.
(4)
There shall be no facade or sign lighting above grade
level floors.
(5)
A freestanding sign located within the PCD District
shall be set back at least 10 feet from all rights-of-way and lot
lines.
F.
Bulk requirements.
(1)
Minimum lot dimensions.
(a)
Area: 70,000 square feet.
(b)
Each planned commercial development must have
200 feet of frontage on Orient Way, and at no point shall the distance
between side lot lines be less than 100 feet.
(c)
Each planned commercial development must be
a through lot and have 100 feet of frontage on Feronia Way.
(2)
Minimum yard dimensions; front yards, rear yards and
side yards. None required, but if provided, front yards, rear yards
and side yards shall be at least 25 feet each.
(3)
Maximum coverage by principal buildings and accessory
parking structures and driveways: 90%.
(4)
(5)
Off-street parking.
(a)
Dwelling units: two spaces per unit, provided
that 50% of such parking shall be located in a fully enclosed structure
or garage.
(b)
Retail establishments: one parking space for
every 200 square feet of gross floor area.
(c)
Service establishments: one space for every
300 square feet of gross floor area.
(d)
Offices: one space for every 250 square feet
of gross floor area.
(6)
Off-street loading. There shall be one loading space
for every residential building and one loading space for every commercial
building.
(7)
Minimum amount of commercial space and public common
property. Not less than 50% of the total first floor area of a planned
commercial development shall be devoted to permitted commercial uses
and public common property. No portion of the first floor area which
is situated within 35 feet of Orient Way shall be devoted to permitted
residential uses.
(8)
Site plan required. No building permit shall be issued for a planned commercial development until a site plan application shall have first been approved by the Planning Board as required in Chapter 50, Land Subdivision and Site Plan Regulations, and Chapter 51, Land Use Procedures, of the Code of the Borough of Rutherford.
(9)
Variation of bulk requirements by Planning Board. The Planning Board may, in its discretion, permit an increase in the density specified in § 131-50B(2) of this chapter not to exceed 45 dwelling units per acre of the total area of the planned commercial development if the developer provides public or quasi-public common property (other than otherwise required under any other section of this chapter) and facilities such as enclosed parking structures with a reasonable number of parking spaces designated and reserved for the Rutherford business district and commuter parking for Rutherford residents in excess of the minimum standards established by this chapter or other similar facilities.
Prior to the approval of a site plan application
for a planned commercial development, 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
standards of this chapter pursuant to N.J.S.A. 40:55D-65c.
B.
That the proposals for maintenance and conservation
of the common property are reliable and the amount, location and purpose
of the common property are adequate.
C.
That the provisions for 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 visible enjoyment are adequate.
D.
That the proposed planned commercial development will
not have an unreasonably adverse impact upon the area in which it
is proposed to be established.
E.
In the case of a development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and other residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
