The primary goal of the Mixed-Use Market District (MUMD) Zone
is to promote a community center consisting of both commercial and
higher-density residential uses that are developed around a pedestrian
trail system and central park facility. A conceptual plan illustrating
the types and layout of uses envisioned in the MUMD Zone is located
at the end of this chapter. In order to encourage the flexibility
and economy of layout and design needed to achieve this plan, it is
intended that the MUMD Zone be developed through the use of planned
unit developments. Planned unit developments are authorized under
N.J.S.A. 40:55D-39b of the Municipal Land Use Law. Consistent with
the illustrative concept plan, the objectives of these planned unit
developments, as applicable to this chapter, are as follows:
A.
To provide approximately 65,000 square feet of new retail development
to be concentrated south of Willows Road, as well as to encourage
existing retail to be incorporated into the overall plan design, where
appropriate.
B.
To provide a public plaza in a central location adjacent to new retail
development off of Route 94 and Willows Road, with the intention of
creating a central gathering place for the community for the use during
community events such as farmer's markets and public ceremonies.
C.
To provide detached single-family dwelling units or attached two-family
dwellings in areas proximate to existing single-family dwelling units;
specifically, these areas include the western edge of the MUMD Zone,
and the area to the east of Route 94 and north of Willows Road.
D.
To provide townhouse units in appropriate areas throughout the MUMD
Zone; specifically, these areas include the northwestern corner of
the zone, the area along the west side of Route 94 in the southern
portion of the zone, the area south of the new retail development
to be provided to the east of Route 94 and south of Willows Road,
and the area along the east side of Route 94 to the north of Willows
Road, as delineated on the concept plan.
E.
To provide for a 38,000 square foot, sixty-five-unit assisted-living
facility along the western edge of the MUMD Zone to serve the community's
senior population, as delineated on the concept plan.
F.
To provide a 20% set-aside for affordable housing within all of the
MUMD Zone's residential developments, consistent with the Township's
Housing Element and Fair Share Plan and the Council on Affordable
Housing's (COAH) third round rules.
G.
To provide a pedestrian passive recreation trail system along the
Paulins Kill (a Category 1 stream that parallels Route 94 to the west)
which connects existing parks, open space and residential development
with the new retail and residential developments to be provided on
both sides of Route 94 in the MUMD Zone. The trails are to be incorporated
throughout the MUMD as delineated on the concept plan.
H.
To establish pocket parks in the unconstrained areas along the pedestrian
trail system in order to provide active and passive recreational opportunities
for the residents of the MUMD Zone.
I.
To protect and preserve the environmentally sensitive features of
the MUMD Zone through careful land use planning and tract development
consistent with a four-step design process.
A.
The minimum land area required for a planned unit development shall
be 20 contiguous acres. For the purpose of this requirement, streets
shall not be deemed to divide acreage.
B.
Notwithstanding the above provisions, all retail businesses located in the MUMD Zone that exist as of the date of this chapter shall be permitted to expand or make alterations consistent with the TC Town Center zone district regulations that applied prior to the date of this chapter, as set forth in § 550-81F.
The following uses shall be permitted in the MUMD Zone:
A.
Retail stores, provided, however, that single occupancy stores shall
be limited to 20,000 square feet or less.
B.
Personal service establishments.
C.
Banks.
D.
Post offices.
E.
Restaurants, eating and drinking establishments.
F.
Instructional studio spaces, including dance, artist, martial art,
music, and related studios.
G.
Museums, art galleries and libraries.
H.
Funeral homes and mortuaries.
I.
Hotels and motels.
J.
Indoor theaters, bowling alleys, and health and fitness facilities.
K.
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
L.
Adult day-care facilities.
N.
Assisted-living residences.
P.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence, subject to the standards
for detached single-family residential dwellings.
Permitted conditional uses in the MUMD Zone shall be as follows:
C.
A cannabis cultivator with ancillary manufacturer shall meet the
following conditions when permitted as a conditional use.
[Added 11-22-2021 by Ord.
No. 2021-11]
(1)
Location: The property and facility shall have frontage on and direct
access to Route 94.
(2)
Minimum lot size: The lot shall not be less than 10 acres in size.
(3)
Building size: The building's size shall be proportionate with the
lot on which it is situated as follows:
(6)
Signage: Signs shall be limited to street address and identification/name
of business. Signage shall not promote consumption of any cannabis
products. All other signage regulations in the Zone shall be met.
(7)
Allocation of building use: Cannabis manufacturing may only occur
in a building used for cannabis cultivation. No more than 20% of a
building used for cultivation may be allocated for manufacturing by
a cannabis manufacturer, as well as office use in connection with
the cultivation and manufacturing business.
(8)
Site plan approval. All cannabis cultivators require major site plan
and conditional use approval. A zoning certificate cannot be issued
until Board approval is obtained. When seeking site plan approval,
Cannabis Cultivators shall submit the following for Board approval.
(9)
Product consumption: No cannabis products shall be permitted to be
consumed on site.
(10)
Odor control: The facility shall provide an air treatment system
with sufficient odor absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored periodically at
the discretion of the Township by a licensed, qualified contractor
chosen by the Township and paid for by the operator.
Permitted accessory uses in the MUMD Zone shall be as follows:
B.
Outdoor cafes associated with and on the same lot as indoor eating facilities such as coffee shops, restaurants, ice cream parlors, bakeries, and cafes. Outdoor cafes shall be designed in accordance with § 550-39.
D.
Small solar systems limited to the lesser of 15 kilowatts (15 kw)
or 110% of the average of the three prior years’ electrical
energy consumption. Solar panels and solar arrays may be rooftop mounted
or ground mounted in the rear yard area only, at the applicant’s
discretion. Ground-mounted solar panel arrays shall be prohibited
from being located within the front yard area. In the event that an
applicant proposes to locate ground-mounted solar panel arrays in
the side yard area, application shall be made to the Zoning Officer
for the grant of a waiver. In order to receive such waiver, the applicant
shall demonstrate to the Zoning Officer that the location of the solar
panel arrays on the roof of the residence (or other structure on the
lot) or in the rear yard area is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question. In the event that the Zoning Officer has doubt or difficulty
with making a determination as to the granting of such waiver or in
the event that the Zoning Officer denies such waiver, application
shall be made to the Land Use Board for the grant of such waiver,
which shall be treated as an exception pursuant to N.J.S.A. 40:55D-51.
All ground-mounted small solar systems will be located upon the lot
in closer proximity to the principal residence thereon than to any
neighboring homes or building envelopes on adjoining properties that
are unimproved. Ground-mounted solar arrays permitted by the Land
Use Board, upon proper application, to be located within the side
yard setback area shall be effectively screened from view from the
street and adjacent properties by evergreen plantings having a minimum
planted height of 48 inches and a maximum on-center planting spacing
of 10 feet to create a continuous visual buffer. After completion
of installation, the applicant shall provide written notice of the
existence of such small solar energy system to the emergency service
providers (Fredon Township Fire Department and Fredon Emergency Medical
Services) identifying the subject property by block and lot, street
address and a graphic plan or narrative identifying the location of
the electrical service disconnect for the solar energy system.
[Amended 6-14-2012 by Ord. No. 2012-05]
H.
Other accessory buildings or uses customarily incidental to the principal
permitted use in the zone.
The following open space requirements shall be applicable to
all planned unit developments:
A.
A minimum of 25% of the gross area of the planned unit development
shall be set aside for common open spaces, which may include parks,
preserves, active and passive recreation areas, lakes, ponds, playgrounds,
tennis courts, swimming facilities, drainage, and other similar uses,
along with structures and accessory features appurtenant thereto.
B.
Unless permitted by the Land Use Board, the following shall not be
calculated into the open space percentages: flood hazard areas, bodies
of water and/or retention basins, wetlands, slopes greater than 15%,
streets, driveways, paved parking areas, sidewalks, private yards,
and other similar areas. The Land Use Board may, however, require
such areas to be considered part of common open space for maintenance
purposes.
C.
Where the planned unit development contains land area within 300
feet of the Paulins Kill Category 1 stream, the required common open
space area shall include trail segments contributing to a zone-wide
pedestrian trail system. The trail system is intended to extend along
the stream and ultimately connect the new commercial uses and residential
development in the MUMD Zone with Lodestar Park to the south and the
nature conservancy lands to the northeast. Where feasible, pockets
for active recreation facilities shall be constructed along the trail
system.
D.
Where the planned unit development contains nonresidential development
totaling 10,000 square feet or more of gross floor area, the required
common open space area shall include a public plaza. Such plaza shall
be provided at a minimum ratio of 50 square feet per 1,000 square
feet of gross floor area. The plaza shall include, at a minimum, landscaping
walkways and benches.
The following development standards shall be applicable to all
planned unit developments:
A.
Affordable housing requirement.
(1)
In accordance with the Township's Housing Element and Fair Share
Plan, 20% of all dwelling units constructed in the MUMD Zone shall
be set aside for low- and moderate-income households and developed
in accordance with applicable Township and state regulations. For
the purpose of this requirement, dwelling units shall be deemed to
include assisted-living units.
B.
Location of nonresidential uses.
(1)
New nonresidential uses shall not be permitted north of Willows Road. However, all lawfully preexisting retail businesses shall be permitted to expand or make alterations consistent with the TC Town Center Zone district regulations that applied prior to the date of this chapter, as set forth in § 550-81F.
(2)
For the purpose of this requirement, an assisted-living residence
shall not be deemed a nonresidential use.
C.
Ratio of nonresidential and residential uses.
(1)
For every 675 square feet of new nonresidential space in a planned
unit development, there shall also be provided one townhouse dwelling
unit.
(2)
Where 15 or more townhouse units are provided to the south of Willows
Road, new nonresidential space shall also be provided at a minimum
ratio of 675 square feet per townhouse unit.
(3)
For the purpose of these requirements, an assisted-living residence
shall not be deemed a nonresidential use.
D.
Maximum densities.
(1)
The maximum amount of new nonresidential space that shall be developed
in the entire MUMD Zone is one square foot per 228 square feet of
land area. However, such new nonresidential space may be clustered
to a density of one square foot per 11 square feet of land area.
(2)
The maximum number of townhouse units that shall be developed in
the entire MUMD Zone is one townhouse for every 3.55 acres. However,
such townhouse units may be clustered to a density of one townhouse
per 2.75 acres of land area.
(3)
The maximum number of detached single-family dwelling units that
shall be developed in the entire MUMD Zone is one unit for every 4.2
acres. However, such detached single-family dwelling units may be
clustered to a density of one unit per acre on a minimum of 10,000
square foot lots.
(4)
The maximum number of dwelling units permitted in Subsection D(2) and (3) above are based on septic system design capacity in the MUMD Zone; however, the reviewing agency may permit an increase up to 15% if the applicant can demonstrate that sewage treatment facilities could be provided to manage the increased demand.
(5)
For the purpose of this subsection, assisted living units shall not
be deemed to be either dwelling units or new nonresidential space.
E.
Area, yard and bulk requirements.
(1)
Except as otherwise provided in this section, there shall be no minimum
lot area, width, depth or frontage, no minimum building setback, no
maximum percentage of lot coverage, no requirement as to front, side
or rear yards, and no requirement concerning the location of accessory
buildings or structures for any permitted land use in a planned unit
development. However, no plan for a planned unit development shall
be approved unless the lot areas, widths, depths and frontages, building
setbacks, percentages of lot coverage, front, side and rear yards,
and locations of accessory buildings or structures provided for in
the site plan and subdivision plan are consonant with the public health,
safety and general welfare.
(2)
A minimum setback distance of 30 feet shall be provided from all
state or county roadways.
(3)
A minimum setback distance of 15 feet shall be provided from all
interior roadways in a planned unit development.
(4)
The height of any residential, nonresidential or mixed-use building
within a planned unit development shall not exceed 35 feet or three
stories.
(5)
The minimum distance between two buildings shall be no less than
the height of the tallest building.
(6)
There shall be a minimum setback of 50 feet from each existing single-family
residential zone. Said setback area shall include a fence or vegetation
adequate to screen the use from the residential zone.
F.
Requirements for preexisting retail businesses.
(1)
Lot area. The minimum lot area for each lot shall be 30,000 square
feet.
(4)
Height. The height of the principal structure shall not exceed 35
feet or 2 1/2 stories, whichever is lesser.
(5)
Building coverage. The maximum building coverage on any lot shall
be 20% of the total lot area.
(6)
Impervious coverage. The maximum impervious coverage on any lot shall
be 55% of the total lot area.
(7)
Floor area ratio. The ratio of the gross floor area of all building(s)
on the lot to the total lot area shall not exceed 0.25.
(8)
Heated floor area. The minimum heated floor area of any building
shall be 800 square feet, no less than 600 square feet of which shall
be on the first floor.
(9)
Buffers. Where a lot is bounded by property zoned for residential
uses, there shall be a minimum buffer of 75 feet between such boundary
and any structure, parking lot or driveway constructed on the lot.
The buffer area shall include a fence or vegetation adequate to screen
the use from the residential zone.
When preparing a planned unit development, the developer shall undergo the four-step design process outlined in § 550-101C, with the following exceptions:
A.
Section 550-101C(2) requires that a minimum of 60% of the total tract area be conserved, and that the required conserved land area consist of the totality of the primary conservation areas. However, planned unit developments in the MUMD Zone shall not be subject to these requirements and instead shall be subject to the common open space requirements set forth in § 550-80 above.
B.
Section 550-101C(3) requires that dwellings be located no closer
than 100 feet from primary conservation areas and 50 feet from secondary
conservation areas. Furthermore, this section requires that the location
of streets and trails be designated after the location of dwellings
has been determined. However, planned unit developments in the MUMD
shall not be subject to these requirements. Instead, setbacks shall
be consistent with sound planning principles and streets, plazas,
and trails shall be located first, with buildings and structures located
thereafter.
The implementation of a planned unit development shall be in
sections or stages. Said sections or stages shall be comprised of
the various permitted and required land uses in accordance with the
following chart:
|
Maximum/Minimum Staging Chart
| ||||||
|---|---|---|---|---|---|---|
|
Percentages show required and/or permitted proportions
in each stage
| ||||||
|
Use
|
Total Project Time
| |||||
|
Categories
|
First Stage
|
Second Stage
|
Third Stage
|
Fourth Stage
|
Last Stage
| |
|
Open space development
|
10% minimum
|
30% minimum
|
50% minimum
|
90% minimum
|
100% minimum
| |
|
Residential
| ||||||
|
Detached
|
40% maximum
|
60% maximum
|
80% maximum
|
100% maximum
|
—
| |
|
Attached
|
10% maximum
|
20% maximum
|
40% maximum
|
70% maximum
|
100% maximum
| |
|
Nonresidential
|
10% minimum
|
30% minimum
|
70% minimum
|
100% minimum
|
—
| |
