Township of Old Bridge, NJ Inclusionary Housing Districts

Townhouses as defined in this section; and

Multifamily dwellings as defined in this section.

Permitted accessory uses:

Parking areas and lots as required by Chapter 250;

Loading areas as required by Chapter 250;

Signage as permitted by Chapter 250, except as otherwise permitted in this section;

Refuse and recycling facilities, buildings and/or enclosures as regulated by Chapter 250;

Maintenance buildings and/or storage sheds;

Satellite antennas as regulated by Chapter 250 and/or federal law;

Fences and walls as regulated by Chapter 250;

Roadways, driveways and utilities as regulated by Chapter 250;

Swimming pools, playgrounds and other recreational facilities intended to be used by the occupants of the inclusionary housing development in this zone and their guests;

Clubhouse intended to be used by the occupants of the inclusionary housing development in this zone and their guests;

Leasing office;

Model apartment of multifamily dwelling and/or townhouse dwelling, which shall not be used for residential occupancy;

(13)

Property management office; and

(14)

Private garages, attached or detached, to be used by occupants of the inclusionary housing development in this zone.

Bulk, area, yard and height requirements.

Minimum lot area shall be 90 acres.

Minimum lot width shall be 300 feet.

Maximum gross residential density shall be 2.7 dwelling units per acre, and the maximum amount of total dwelling units shall not exceed 252 dwelling units.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be:

Fifty feet for any building from an adjoining residential zone;

Twenty-five feet for any building, other than a garage, from an adjoining nonresidential zone;

Ten feet for any road or driveway; and

Ten feet for any garage, parking lot, and attached balconies or patios from an adjoining nonresidential zone.

Maximum lot coverage shall be 25%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any residentially zoned lot boundary line shall be 50 feet, except as follows:

Ten feet from roadway and driveways; and

Ten feet from any nonresidentially zoned boundary line.

Minimum landscape ratio shall be 0.50.

Maximum height for principal structures shall be 3 1/2 stories or 55 feet.

Maximum height for accessory structures shall be two stories or 32 feet.

Maximum gross floor area of accessory buildings shall be 10,000 square feet.

Minimum open space and recreation area shall be 70% of the lot area.

Minimum active recreation area, such as but not limited to a clubhouse, pool and/or patio area, shall be a minimum of one-half acre.

Building requirements.

Maximum number of dwellings unit per building.

Multifamily buildings shall not exceed 36 dwelling units.

Townhouse buildings shall not exceed eight dwelling units.

Maximum length of buildings.

Multifamily buildings shall not exceed 225 feet in length.

Townhouse buildings shall not exceed 200 feet in length.

Minimum building facade articulation.

Multifamily buildings shall provide an offset of two feet every 100 feet.

Townhouse buildings shall provide an offset of two feet for every four dwelling units.

All multifamily and townhouse buildings should be designed with architectural features that minimize the impact of any long expanse of wall by employing techniques such as variation in color, materials, articulation and roof lines.

Minimum separation between buildings.

Building window wall to building window wall.

Multifamily buildings shall be separated by at least 30 feet.

Townhouse buildings shall be separated by at least 25 feet.

Building window wall for multifamily and townhouse buildings to end wall or building corner for multifamily and townhouse buildings shall be 20 feet.

Building window wall for multifamily and townhouse buildings to window or end wall of clubhouse shall be 25 feet.

Building wall for multifamily and townhouse buildings to wall of freestanding accessory buildings and structures shall be 20 feet.

Minimum building setbacks from curb faces, parking spaces, driveways and internal streets that are private shall be 10 feet.

Inclusionary housing requirements.

Market-rate dwelling units shall total no more than 214.

Affordable dwelling units, which are defined by state statute, shall total 15% of the overall total dwelling units. The affordable dwelling units shall be rental units.

Fifteen percent of the total number of affordable dwelling units shall be very-low-income affordable rental units.

The affordable housing shall be provided, including, but not limited to, market-rate and affordable housing phasing, bedroom distribution, accessibility requirements and other requirements, in accordance with Old Bridge Township ordinances and New Jersey state statutes and regulations.

Each affordable unit created in this zone shall remain subject to affordability controls for a period of at least 50 years, until the Township of Old Bridge takes action to release the unit from such requirements.

[Added 7-20-2017 by Ord. No. 2017-16]

Signage. Signage for the inclusionary housing development in the IH1 Inclusionary Housing Zone 1 shall comply with the following requirements:

Section 250-52A and G, except for Subsection G(5).

Decorative and/or supporting structures or walls supporting signs, regardless of whether lit, shall not be included in the calculation of sign area.

One site identification sign shall be permitted for the inclusionary housing development in the IH1 Inclusionary Housing Zone 1 on the adjoining parcel of land identified as Block 17000, Lots 28.11, 28.12 and 28.111, in the H Hospital Zone at the intersection of the inclusionary housing access road and Ferry Road.

The sign shall be designed as a monument-type sign.

Maximum sign area shall be 32 square feet. The sign may be two-sided, with one side utilized for calculating sign area in accordance with this chapter.

Maximum sign height shall be eight feet.

The sign shall be set back at least 10 feet from the right-of-way line of Ferry Road.

The sign may be externally or internally lit.

All other signage for the inclusionary housing development shall comply with § 250-52F(3), except that in addition to the freestanding sign permitted under § 250-52F(3)(a), the inclusionary housing development may include a second freestanding sign, which shall be subject to the requirements of Subsection I(3)(a) through (e) hereof, provided that this second freestanding sign is located at least 200 feet from Ferry Road.

Parking requirements.

Parking shall comply with the Residential Site Improvement Standards.

Parking for the lease office and property management office shall be provided at a minimum rate of one parking space per 250 square feet of gross floor area of building.

Parking for the clubhouse shall be provided at a minimum rate of one parking space per 750 square feet of gross floor area of building.

Parking for centralized refuse and recycling enclosures shall be provided at a minimum rate of one parking space per 100 dwelling units.

The calculation of parking lot landscaping area provided to satisfy § 250-74C(2)(k) shall include landscaping area around the perimeter of the parking lots.

§ 250-58.2 Inclusionary Housing Zone 2 (IH2) District.

[Added 10-14-2016 by Ord. No. 2016-23]

Establishment. There is hereby permitted and created an Inclusionary Housing Zone 2 (IH2) District as shown on the Official Zoning Map of the Township of Old Bridge, County of Middlesex, State of New Jersey. The Official Zoning Map of the Township of Old Bridge is hereby amended to include the IH2 District, and is incorporated herein by reference. The IH2 District shall apply to Block 1600, Lot 1, and the prior zoning for this lot is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted uses, permitted accessory uses, bulk requirements and/or any other requirements of any other zone in the Township.

Purpose. The purpose of this zone is it to permit an inclusionary housing development on Block 16000, Lot 1, which contains 6.7 acres along Old Amboy Avenue, consisting of 150 multifamily apartments, of which 120 will be market-rate units and 30 will be affordable family rentals (20% setaside). Fifteen percent of the affordable units will be very-low-income units, which units shall be considered part of the low-income housing requirement.

[Amended 7-20-2017 by Ord. No. 2017-16]

Permitted principal uses:

Townhouses; and

Multifamily dwellings.

Permitted accessory uses:

Loading areas as required by Chapter 250;

Signage as permitted by Chapter 250;

Refuse and recycling enclosures as regulated by Chapter 250;

Satellite antennas as regulated by Chapter 250;

Fences and walls as regulated by Chapter 250;

Swimming pools, playgrounds and other recreational facilities intended to be used by the occupants of the inclusionary housing development in this zone and their guests; and

Equipment and maintenance sheds.

Bulk, area, yard and height requirements.

Minimum lot area shall be 6 1/2 acres.

Minimum lot width shall be 700 feet.

Maximum gross residential density shall be 22.4 dwelling units per acre, and the maximum amount of total dwelling units shall not exceed 150 dwelling units.

Minimum front yard from the lot boundary line for permitted principal and accessory uses shall be 75 feet, and minimum rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 50 feet.

Maximum lot coverage shall be 65%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 15 feet.

Minimum landscape ratio shall be 0.25.

Maximum height for principal structures shall be three stories or 55 feet.

Maximum height for accessory structures shall be one story or 20 feet.

Maximum gross floor area of accessory buildings shall be 1,000 square feet.

Building requirements.

Maximum number of dwellings unit per building.

Multifamily buildings shall not exceed 150 dwelling units.

Townhouse buildings shall not exceed eight dwelling units.

Maximum length of buildings.

Multifamily buildings shall not exceed 490 feet in length.

Townhouse buildings shall not exceed 200 feet in length.

Minimum building facade articulation.

Multifamily buildings shall provide an offset of two feet every 100 feet.

Townhouse buildings shall provide an offset of two feet for every four dwelling units.

Minimum separation between buildings.

Building window wall to building window wall:

Multifamily buildings shall be separated by at least 30 feet.

Townhouse buildings shall be separated by at least 25 feet.

Building window wall for multifamily and townhouse buildings to end wall or building corner for multifamily and townhouse buildings shall be 20 feet.

Building window wall for multifamily and townhouse buildings to window or end wall of clubhouse shall be 25 feet.

Building wall for multifamily and townhouse buildings to wall of freestanding accessory buildings and structures shall be 20 feet.

Minimum building setbacks from curb faces, parking spaces, driveways and internal streets that are private shall be 10 feet, except for covered drop-off areas to building, which covered drop-off area shall not exceed 150 feet in length.

Inclusionary housing requirements.

Market-rate dwelling units shall total no more than 120.

Affordable dwelling units, which are defined by state statute, shall total at least 30 dwelling units, which is 20% of the overall total dwelling units consisting of 150. The affordable dwelling units shall be rental units.

Five very-low-income affordable rental dwelling units, which is 15% of the 30 affordable dwelling units, shall be provided.

[Added 7-20-2017 by Ord. No. 2017-16]

§ 250-58.3 Hospital Zone (H) District.

[Added 10-14-2016 by Ord. No. 2016-22]

Establishment. There is hereby permitted and created a Hospital Zone (H) District as shown on the Official Zoning Map of the Township of Old Bridge, County of Middlesex, State of New Jersey. The Official Zoning Map of the Township of Old Bridge is hereby amended to include the H District, and is incorporated herein by reference. The H District shall apply to Block 17000, Lots 28.11, 28.12 and 28.111, and any prior zoning for these lots is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted uses, permitted accessory uses, bulk requirements and/or any other requirements of any other zone in the Township.

[Amended 7-20-2017 by Ord. No. 2017-16]

Purpose. The zone is adjacent to the IH1 Zone and is required for part of the development of an inclusionary development on Block 17000, Lots 5 and 28.112.

Permitted principal uses:

Hospitals;

Nursing, rest and convalescent homes;

Sanitariums;

Medical and dental offices;

Extended care facilities;

Diagnostic, treatment and rehabilitation facilities;

Ambulatory surgery centers;

Medical clinics; and

Laboratories.

Permitted accessory uses:

Parking lots as required by Chapter 250;

Loading areas as required by Chapter 250;

Signage as permitted by Chapter 250;

Trash enclosures as regulated by Chapter 250;

Satellite antennas as regulated by Chapter 250;

Fences and walls as regulated by Chapter 250;

Roadways, driveways and utilities as regulated by Chapter 250;

Signage for adjacent inclusionary housing development in the IH1 Inclusionary Housing Zone 1 on Block 17000, Lots 5 and 28.112, as permitted and regulated by Chapter 250, except as otherwise permitted in this section; and

Roadways, driveways, utilities and pedestrian access serving adjacent inclusionary housing development in the IH1 Inclusionary Housing Zone 1 on Block 17000, Lots 5 and 28.112, as permitted and regulated by Chapter 250 for all portions accessory to both residential and nonresidential uses and the Residential Site Improvement Standards for portions accessory solely to residential uses;

Fitness centers;

Gift shops; and

Cafeterias.

Bulk, area, yard and height requirements.

Minimum lot area shall be 23 acres.

Minimum lot width shall be 300 feet.

Maximum floor area ratio shall be 0.35.

Minimum front, rear and side yards for permitted principal and accessory uses shall be 100 feet. However, with respect to any roadways, driveways, utilities and pedestrian access serving adjacent inclusionary housing development in the IH1 Zone, on Block 1700, Lots 5 and 28.112, the minimum front, rear and side yards for any such roadways, driveways, and pedestrian access shall be five feet and there shall be no minimum setback for utilities.

Maximum lot coverage shall be 60%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any property line shall be 50 feet, except the minimum landscape buffer shall be five feet along the shared-use driveway/roadway servicing the adjacent inclusionary housing development in the IH1 Zone, on Block 1700, Lots 5 and 28.112.

Minimum landscape ratio shall be 0.35.

The height of principal structures may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter; and further provided that in no case shall any proposed structure exceed 50 feet in height.

Maximum height for accessory structures shall be two stories or 30 feet.

Signage.

Signage for permitted principal uses shall comply with § 250-52A, C and G.

Signage for adjacent inclusionary housing development in the IH1 Inclusionary Housing Zone 1 on Block 17000, Lots 5 and 28.112, shall be permitted, provided the appropriate rights are obtained from the property owner and comply with the following requirements:

Section 250-52A and G.

In addition to signage permitted for permitted principal uses in the H Hospital Zone, one site identification sign shall be permitted for the adjacent inclusionary housing development in the IH1 Inclusionary Housing Zone 1 on Block 17000, Lots 5 and 28.112, at the intersection of the inclusionary housing access road and Ferry Road.

The sign shall be designed as a monument-type sign.

Maximum sign area shall be 32 square feet. The sign may be two-sided, with one side utilized for calculating sign area in accordance with this chapter. Decorative and/or supporting structures or walls supporting signs, regardless of whether lit, shall not be included in the calculation of sign area.

Maximum sign height shall be eight feet.

(f)

The sign shall be set back at least 10 feet from the right-of-way line of Ferry Road.

(g)

The sign may be externally or internally lit.

§ 250-58.4 Mixed Use-Inclusionary Housing Zone (MU-IH) District.

[Added 10-14-2016 by Ord. No. 2016-20]

Establishment. There is hereby permitted and created a Mixed Use-Inclusionary Housing Zone (MU-IH) District as shown on the Official Zoning Map of the Township of Old Bridge, County of Middlesex, State of New Jersey. The Official Zoning Map of the Township of Old Bridge is hereby amended to include the MU-IH District, and is incorporated herein by reference. The MU-IH District shall apply to Block 2150, Lot 4.11, and any prior zoning for this lot is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted uses, permitted accessory uses, bulk requirements and/or any other requirements of any other zone in the Township.

Purpose. The purpose of this zone is to permit an inclusionary development with a mix of commercial and office uses on Block 2150, Lot 4.11, which contains approximately 94 acres along Matawan Road. The inclusionary development will consist of 529 multifamily apartments, of which 423 will be market-rate units and 106 will be affordable family rentals (20% setaside). Fifteen percent of the affordable units will be very-low-income affordable units.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DWELLING, MULTIFAMILY

DWELLING, TOWNHOUSE

Permitted principal uses:

Townhouses as defined in this section;

Multifamily dwellings as defined in this section; and

Nonresidential uses permitted in the OG5 Office General 5 Zone.

Permitted accessory uses:

Parking areas and lots as required by Chapter 250;

Loading areas as required by Chapter 250;

Signage as permitted by Chapter 250;

Refuse and recycling enclosures as regulated by Chapter 250;

Satellite antennas as regulated by Chapter 250;

Fences and walls as regulated by Chapter 250;

Roadways, driveways and utilities as regulated by Chapter 250;

Swimming pools, playgrounds and other recreational facilities intended to be used by the occupants of the inclusionary housing development in this zone and their guests;

Clubhouse intended to be used by the occupants of the inclusionary housing development in this zone and their guests;

Leasing office;

Model apartment of multifamily dwelling and/or townhouse dwelling, which shall not be used for residential occupancy;

Property management office;

(13)

Private garages, attached or detached, to be used by occupants of the inclusionary housing development in this zone; and

(14)

Public walking trails through open space areas.

Tract requirements.

Minimum tract area shall be 94 acres.

Maximum gross residential density for tract shall be 5.6 dwelling units per acre, and the maximum amount of total dwelling units shall not exceed 529 dwelling units.

Minimum amount of nonresidential gross floor area shall be 217,600 square feet.

Bulk, area, yard and height requirements.

Residential uses.

Minimum lot area shall be 10 acres.

Minimum lot width shall be 200 feet.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 50 feet.

Maximum lot coverage shall be 35%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 50 feet.

(f)

Minimum landscape ratio shall be 0.50.

(g)

Maximum height for principal structures shall be four stories or 60 feet.

(h)

Maximum height for accessory structures shall be two stories or 32 feet.

(i)

Maximum gross floor area of accessory buildings shall be 10,000 square feet.

(j)

Minimum open space and recreation area shall be 50% of the lot area.

Nonresidential uses. Nonresidential uses shall comply with OG5 Office General 5 Zone requirements.

Residential building requirements.

Maximum number of dwellings unit per building.

Multifamily buildings shall not exceed 56 dwelling units.

Townhouse buildings shall not exceed eight dwelling units.

Maximum length of buildings.

Multifamily buildings shall not exceed 225 feet in length.

Townhouse buildings shall not exceed 200 feet in length.

Minimum building facade articulation.

Multifamily buildings shall provide an offset of two feet every 100 feet.

Townhouse buildings shall provide an offset of two feet for every four dwelling units.

Minimum separation between buildings.

Building window wall to building window wall.

Multifamily buildings shall be separated by at least 30 feet.

Townhouse buildings shall be separated by at least 25 feet.

Building window wall for multifamily and townhouse buildings to end wall or building corner for multifamily and townhouse buildings shall be 20 feet.

Building window wall for multifamily and townhouse buildings to window or end wall of clubhouse shall be 25 feet.

Building wall for multifamily and townhouse buildings to wall of freestanding accessory buildings and structures shall be 20 feet.

Minimum building setbacks from curb faces, parking spaces, driveways and internal street that are private shall be 10 feet.

Nonresidential building requirements. Nonresidential building requirements shall comply with OG5 Office General 5 Zone requirements.

Inclusionary housing requirements.

[Amended 7-20-2017 by Ord. No. 2017-16]

Market-rate dwelling units shall total no more than 423.

Affordable dwelling units, which are defined by state statute, shall total at least 106 dwelling units, which is 20% of the overall total dwelling units consisting of 529. The affordable dwelling units shall be rental units.

Fourteen very-low-income affordable rental dwelling units, which is 15% of the 106 affordable dwelling units, shall be provided.

Residential and nonresidential construction phasing.

[Amended 7-20-2017 by Ord. No. 2017-16]

Maximum Market-Rate	Minimum Nonresidential
Dwelling Units Completed	Gross Floor Area Completed (square feet)
238	60,000

The developer shall be permitted to receive building permits for residential dwellings after receipt of the 238th certificate of occupancy ("CO") for market-rate dwelling units, but shall not receive further COs for additional market-rate units until it has received a CO for 60,000 square feet of nonresidential space (shell only, fit out when tenants identified). Upon receipt of a CO for the initial 60,000 square feet of nonresidential space, the developer shall be permitted to apply for COs for the remaining 185 market-rate dwelling units, and there shall be no further restriction on the completion of the market-rate residential units related to the completion of nonresidential space.

The developer will, however, be required to make and complete, subject to the Township's and such other outside agency having jurisdiction's inspection and approval, certain off-site road improvements prior to receiving any CO beyond the 238th for market-rate dwelling units. The off-site road improvements that must be completed include:

Installation of a new traffic signal at the northbound entrance and exit ramps of the Garden State Parkway (GSP) at its intersection with Matawan Road and the new entrance to the development;

Widening of existing GSP ramp from newly improved intersection to the ramp terminals, including new through lanes and left and right turn lanes at the intersection;

Widening Matawan Road for approximately 1,000 feet from existing bridge over the GSP to approximately 500 feet east of the proposed new traffic signal, allowing for one through lane in each direction and left turn lanes at the new intersection; and

Addition of a third lane on the bridge over the GSP.

DWELLING, SENIOR ASSISTED-LIVING

The developer shall also enter a binding agreement with the Bridgepoint Homeowner's Association to memorialize the dedication of the entrance roadway and the construction and dedication of a thirty- to fifty-space parking area to the Bridgepoint Homeowner's Association as negotiated between the developer and the homeowner's association. The agreement may include such other contingencies as may reasonably be negotiated between the parties. A fully executed copy of said agreement shall be provided to the Township before the Township shall release any COs for market-rate residential units.

§ 250-58.5 Route 9 Mixed Use-Inclusionary Housing Center Zone (Route 9 MU-IH) District.

[Added 11-21-2016 by Ord. No. 2016-25]

Establishment. There is hereby permitted and created a Route 9 Mixed Use-Inclusionary Housing Center Zone (Route 9 MU-IH) District as shown on the Official Zoning Map of the Township of Old Bridge, County of Middlesex, State of New Jersey. The Official Zoning Map of the Township of Old Bridge is hereby amended to include the Route 9 MU-IH District, and is incorporated herein by reference. The Route 9 MU-IH District shall apply to Block 5001, Lots 12.12 and 14, Block 6302, Lot 9, Block 6303, Lot 6, Block 6303, portions of Lots 3.11 and 7, and Block 7000, a portion of Lot 1.13, and any prior zoning for these lots and/or portions of lots is hereby changed accordingly. The zoning in this section shall not be construed or interpreted to affect the permitted use, permitted accessory uses, bulk and/or other requirements of any other zone in the Township.

Purpose. The purpose of this zone is to permit an inclusionary development with a mix of commercial, office and light industrial uses on Block 5001, Lots 12.12 and 14, Block 6302, Lot 9, Block 6303, Lot 6, Block 6303, portions of Lots 3.11 and 7 and Block 7000, a portion of Lot 1.13, which consist of approximately 342 acres along Route 9 southbound. The inclusionary development will consist of 2,148 dwelling units, of which 1,718 will be market-rate units and 430 will be affordable rental units (20% setaside). Of the 430 affordable units, 299 will be affordable family rentals and 131 affordable age-restricted rentals. Thirteen percent of the affordable units will be very-low-income affordable units.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL STREET

A street that provides access from an adjoining highway to a commercial development within the Route 9 MU-IH Mixed Use-Inclusionary Housing Zoning District. A commercial street shall provide on-site access to commercial development and shall extend to side property lines to connect to future commercial development on adjoining parcels of land in all nonresidential zoning districts. A commercial street shall have a width of at least 30 feet and shall have concrete curbs and sidewalks and street trees in accordance with the provisions of this section. The design of a commercial street shall employ traffic calming techniques, such as curb bump-outs at intersections and speed tables, where determined by the Township Engineer.

CONVENIENCE STORE

A retail establishment of greater than 2,000 square feet and up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and freshly prepared foods such as sandwiches and salads for off-premises consumption.

DWELLING, MULTIFAMILY

A building no more than five stories and 65 feet in height, on one lot, used and designed as a residence for three or more households living independently of each other and separated by either vertical, horizontal or both vertical and horizontal construction and may have structured parking that is part of the principal multifamily building.

A building of no more than five stories and 65 feet in height, on one lot, used and designed as a residence for the frail elderly that provides rooms, meals, personal care and supervision of self-administered medication and may provide other services such as recreational activities, financial services and transportation. Assisted-living dwelling units shall be measured in terms of beds. The building shall be deed restricted to permit only senior citizens in accordance with federal regulations for age restriction.

DWELLING, SENIOR INDEPENDENT-LIVING

A building of no more than five stories and 65 feet in height, on one lot, used and designed as a residence for three or more age-restricted households living independently of each other and separated by either vertical, horizontal or both vertical and horizontal construction. The building shall be deed restricted to permit only senior citizens in accordance with federal regulations for age restriction.

DWELLING, TOWNHOUSE

MINI MART

A retail establishment of up to 2,000 square feet that is located on the same lot and is accessory to a gasoline station.

Permitted principal uses.

Residential uses shall be permitted in the following manner:

Detached single-family dwellings that are permitted in the R-9 Medium High Density Residential Zone.

Senior assisted-living dwellings as defined in this section.

Senior independent-living dwellings as defined in this section.

Multifamily dwellings as defined in this section.

Townhouse dwellings as defined in this section.

Nonresidential uses shall be permitted in the following manner:

Principal nonresidential uses that are permitted in the EDO3 Economic Development Opportunity 3 Zone shall be provided in concentrated areas along Route 9 and the northeastern corner of the tract of land.

Shopping centers that are permitted in the C-R Regional Commercial Shopping Zone shall be provided in the southernmost portion of the tract of land along Route 9.

Light industrial uses that are permitted in the SD Special Development Zone shall be provided in the northern and northwestern portions of the tract of land that abut the existing SD Zone situated directly to the west.

Municipal and governmental uses that are permitted in the C-R Regional Commercial Shopping Zone and SD Special Development Zones.

Public transport centers, including structured and on-grade parking facilities, bus stations and transfer centers for commuters.

Permitted accessory uses:

Parking areas and lots as required by Chapter 250;

Loading areas as required by Chapter 250;

Signage as permitted by Chapter 250 and this section;

Refuse and recycling enclosures as regulated by Chapter 250;

Satellite antennas as regulated by Chapter 250;

Fences and walls as regulated by Chapter 250;

Roadways, driveways and utilities as regulated by Chapter 250;

Swimming pools, playgrounds and other recreational facilities intended to be used by the occupants of the inclusionary housing development in this zone and their guests;

Clubhouse intended to be used by the occupants of the inclusionary housing development in this zone and their guests and may include administrative offices for the housing development it serves, and may have a maximum height of three stories and 45 feet;

Leasing office;

Model apartment of multifamily dwelling and/or townhouse dwelling, which shall not be used for residential occupancy;

Property management office; and

(13)

Private garages, attached or detached, to be used by occupants of the inclusionary housing development in this zone.

Conditionally permitted uses. The land uses that are conditionally permitted in the Route 9 MU-IH Mixed Use-Inclusionary Housing Zone [as established by the North American Industrial Classification System (NAICS)] are set forth hereinbelow, except as otherwise indicated:

All conditionally permitted uses in the EDO3 Economic Development Opportunity 3 Zone shall be permitted, with the following exceptions:

Gasoline stations, including gasoline station with convenience store or mini mart and convenience store serving gasoline, shall have a minimum lot size of two acres. All other conditional requirements shall be met.

Hospitals and nursing homes as conditionally permitted in § 250-41F.

Tract requirements.

Minimum tract area shall be 342 acres.

Maximum gross residential density for tract shall be 6.3 dwelling units per acre, and the maximum amount of total dwelling units shall not exceed 2,148 dwelling units.

Minimum amount of nonresidential gross floor area shall be 1,000,000 square feet.

Minimum landscape buffer provided along the tract boundary shall be 50 feet, except a landscape buffer of at least 10 feet shall be required for nonresidential uses in this zone that adjoin residential uses on neighboring properties.

Maximum tract coverage shall be 50%.

Minimum open space, recreation and landscape ratio, inclusive of wetland areas and wetland buffers, shall be 40%.

Bulk, area, yard and height requirements.

Residential uses.

Detached single-family dwellings shall comply with the bulk, area, yard and height requirements of the R-9 Medium High Density Residential Zone.

Assisted-living dwellings and independent-living dwellings.

Minimum lot area shall be 10 acres.

Minimum lot width shall be 250 feet.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 20 feet.

Maximum lot coverage shall be 50%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 20 feet.

Minimum landscape ratio shall be 0.30.

Maximum height for principal structures shall be five stories or 65 feet.

Maximum height for accessory structures shall be three stories or 45 feet.

Maximum gross floor area of accessory buildings shall be 10,000 square feet.

[10]

Minimum open space and recreation area shall be 25% of the lot area.

Multifamily dwellings.

Minimum lot area shall be three acres.

Minimum lot width shall be 100 feet.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 25 feet.

Maximum lot coverage shall be 50%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 20 feet.

Minimum landscape ratio shall be 0.30.

Maximum height for principal structures shall be five stories or 65 feet.

Maximum height for accessory structures shall be three stories or 45 feet.

Maximum gross floor area of accessory buildings shall be 10,000 square feet.

[10]

Minimum open space and recreation area shall be 25% of the lot area.

Townhouse dwellings.

Minimum lot area shall be five acres for condominium form of ownership and 1,500 square feet for individual lots for fee simple ownership.

Minimum lot width shall be 200 feet for condominium form of ownership and 20 feet for individual lots for fee simple ownership.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses in the condominium form of ownership shall be 50 feet, and for individual lots for fee simple ownership shall be 25 feet for front yard, 10 for end units to side yard, zero feet for interior units for side yard and 20 feet for rear yard.

Maximum lot coverage shall be 50% for condominium form of ownership and no requirement for individual lots for fee simple ownership.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 50 feet. Individual lots for fee simple ownership shall not have a landscape buffer requirement.

Minimum landscape ratio shall be 0.04.

Maximum height for principal structures shall be three stories or 40 feet.

Maximum height for accessory structures shall be 1-1/2 stories or 20 feet.

Maximum gross floor area of accessory buildings shall be 2,000 square feet.

[10]

Minimum open space and recreation area shall be 40% of the lot area.

Nonresidential uses.

Principal nonresidential uses that are permitted in the EDO3 Economic Development Opportunity 3 Zone shall comply with bulk, area, yard and height requirements of the EDO3 Zone.

Shopping centers that are permitted in the C-R Regional Commercial Shopping Zone shall comply with bulk, area, yard and height requirements of the C-R Zone.

Light industrial uses that are permitted in the SD Special Development Zone shall comply with bulk, area, yard and height requirements of the SD Zone.

Municipal and governmental uses that are permitted in the C-R Regional Commercial Shopping Zone and SD Special Development Zones.

Minimum lot area shall be four acres.

Minimum lot width shall be 200 feet.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 25 feet.

Maximum lot coverage shall be 80%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 15 feet.

Minimum landscape ratio shall be 0.20.

Maximum height for principal structures shall be three stories or 40 feet.

Maximum height for accessory structures shall be 1-1/2 stories or 20 feet.

Public transport centers, including structured and on-grade parking facilities, bus stations and transfer centers for commuters.

Minimum lot area shall be three acres.

Minimum lot width shall be 100 feet.

Minimum front, rear and side yards from the lot boundary line for permitted principal and accessory uses shall be 25 feet.

Maximum lot coverage shall be 75%.

Minimum landscape buffer, which shall be provided in accordance with this chapter, from any lot boundary line shall be 15 feet.

Minimum landscape ratio shall be 0.20.

Maximum height for principal structures shall be five stories or 65 feet.

Maximum height for accessory structures shall be two stories or 35 feet.

Minimum open space shall be 20% of the lot area.

Residential building requirements.

Maximum number of dwellings unit per building.

Senior assisted-living and independent-living buildings shall not exceed 200 dwelling units.

Multifamily buildings shall not exceed 480 dwelling units.

Townhouse buildings shall not exceed eight dwelling units.

Maximum length of buildings.

The maximum length of assisted-living, independent-living and multifamily buildings shall not exceed 150 feet without an offset or facade articulation or feature, with consideration given to the number of dwelling units in the building, the height of the building and the building's scale and proportion relative to adjacent buildings.

Townhouse buildings shall not exceed 200 feet in length.

Minimum building facade articulation.

The minimum building facade articulation for assisted-living, independent-living and multifamily buildings shall be designed to maximize use of architectural features, window patterns, and off-sets to minimize excessive long, blank walls, with consideration given to the number of dwelling units in the building, the height of the building and the building's scale and proportion relative to adjacent buildings.

Townhouse buildings shall provide an offset of two feet for every four dwelling units.

Minimum separation between buildings.

Building window wall to building window wall.

Assisted-living, independent-living and multifamily buildings shall be separated by at least 30 feet.

Townhouse buildings shall be separated by at least 25 feet.

Building window wall for assisted-living, independent-living, multifamily and townhouse buildings to end wall or building corner for multifamily and townhouse buildings shall be 20 feet.

Building window wall for assisted-living, independent-living, multifamily and townhouse buildings to window or end wall of clubhouse shall be 25 feet.

Building wall for assisted-living, independent-living, multifamily and townhouse buildings to wall of freestanding accessory buildings and structures shall be 20 feet.

Minimum building setbacks from curb faces, parking spaces, driveways and internal streets that are private shall be 10 feet.

Nonresidential building requirements.

Principal nonresidential uses that are permitted in the EDO3 Economic Development Opportunity 3 Zone shall comply with building requirements of the EDO3 Zone.

Shopping centers that are permitted in the C-R Regional Commercial Shopping Zone shall comply with building requirements of the C-R Zone.

Light industrial uses that are permitted in the SD Special Development Zone shall comply with building requirements of the SD Zone.

Inclusionary housing requirements.

Market-rate dwelling units shall total no more than 1,718, of which no more than 1,026 shall be market-rate family dwelling units and at least 692 shall be age-restricted dwelling units.

Affordable dwelling units, which are defined by state statute, shall total at least 430 dwelling units, which is 20% of the overall total dwelling units consisting of 2,148. The affordable dwelling units shall consist of 299 family rental units and 131 age-restricted rental units.

Fifty-six very-low-income affordable rental dwelling units, which is 13% of the 430 affordable dwelling units, shall be provided. Seventeen age-restricted affordable dwelling units shall be provided for very-low-income households, of which nine shall be provided among the age-restricted affordable multifamily dwelling units, five shall be provided among the age-restricted affordable independent-living dwelling units and three shall be provided among the age-restricted affordable assisted-living dwelling units. Thirty-nine affordable family dwelling units shall be provided to very-low-income households.

Residential and nonresidential construction phasing.

Maximum Market-Rate Dwelling Units Completed	Minimum Nonresidential Gross Floor Area Completed (square feet)
320	No requirement
230/550 cumulative	100,000
450/1,000 cumulative	125,000/225,000 cumulative
450/1,450 cumulative	125,000/350,000 cumulative
278/1,718 cumulative	150,000/500,000 cumulative

After receipt of the 320th certificate of occupancy ("CO") for market-rate dwelling units, the developer shall be permitted to receive building permits for an additional 230 market-rate dwelling units, but shall not receive COs for the additional 230 market-rate dwelling units until it has received a CO for 100,000 square feet of nonresidential space (shell only, fit out when tenants identified). Thereafter, the developer shall be permitted to receive building permits for an additional 450 market-rate dwelling units, but shall not receive COs for the additional 450 market-rate dwellings until it has received a CO for an additional 125,000 square feet of nonresidential space (shell only, fit out when tenants identified). Thereafter, the developer shall be permitted to receive building permits for an additional 450 market-rate dwelling units, but shall not receive COs for the additional 450 market-rate dwellings until it has received a CO for an additional 125,000 square feet of nonresidential space (shell only, fit out when tenants identified). Thereafter, the developer shall be permitted to receive building permits for an additional 278 market-rate dwelling units, but shall not receive COs for the additional 278 market-rate dwellings until it has received a CO for an additional 150,000 square feet of nonresidential space (shell only, fit out when tenants identified). Upon receipt of COs for the cumulative 550,000 square feet of nonresidential space, the developer shall be permitted to apply for COs for the remaining 278 market-rate dwelling units, and there shall be no further restriction on the completion of the market-rate residential units related to the completion of nonresidential space.

Signage. Signage shall comply with § 250-52D of the Land Development Ordinance, with the following exception:

Freestanding signs located along Route 9 shall be the monument type with a masonry base that is complemented with landscaping, shall not exceed 30 feet in height, shall not exceed 300 square feet in area for each side of the sign that is limited to two sides on which information is provided.

Freestanding signs located along internal roads of the tract of land to be developed shall be the monument type with a masonry base that is complemented with landscaping, shall not exceed 12 feet in height, shall not exceed 144 square feet in area for each side of the sign that is limited to two sides on which information is provided, except for shopping center signage along internal roads, which signage shall not exceed 25 feet in height and shall not exceed 250 square feet in area for each side of the sign.

Design standards.

Orientation and spacing of buildings.

The longer of the front facades of commercial buildings shall be oriented, as reasonably as possible, to be parallel to adjoining highways, roads and commercial streets.

The front facades of commercial buildings shall be aligned, as reasonably as possible, to one another.

Commercial buildings shall be oriented toward adjoining public rights-of-way of highways and roads as reasonably as possible.

Site lighting. Site lighting shall comply with § 250-75 of the Land Development Ordinance, with the following exceptions:

All street lamps shall be of an antique style as depicted in the illustration entitled, "Street Lamp Detail, No. TCD 19" of the Town Centre District. Box-type and cobra-head-type shall be prohibited.

Pedestrian lighting shall have a maximum height of eight feet.

Buffers and landscaping.

Buffers shall comply with § 250-54 of the Land Development Ordinance.

Landscaping shall comply with § 250-74 of the Land Development Ordinance.

Street furniture.

Benches, trash receptacles and planters shall be provided in common sitting areas and, when provided, at bus stops.

Bicycle parking spaces for bicycle racks shall be provided at the following rates: minimum one space per 7,500 square feet of gross floor area for nonresidential uses.

Sidewalk, street, parking and commercial building relationship.

Sidewalks, which are at least five feet wide, shall be integrated, connecting all parking areas throughout the site.

Sidewalks, which are at least five feet wide, shall be provided along both sides of all commercial streets and commercial buildings.

Sidewalks, which are at least six feet wide, shall be provided along the frontage of the site along Route 9.

Parking areas and commercial buildings shall be separated by a minimum distance of 12 feet.