[Added 2-4-1985]
This zone has been created in order to comply
with court order resulting from settlement of litigation known as
the "Urban League of Greater New Brunswick et al. vs. the Township
of North Brunswick." Permitted uses, residential densities and various
other development standards incorporated in this section have been
developed in accordance with said court order.
This zone shall encompass the four-hundred-four-acre
tract known as the "Manor Realty Tract," designed as Block 148, Lot
111.01.
The following uses shall be permitted in the
PUD-II Zone.
A.
Principal uses.
[Amended 8-1-1994]
(1)
Single-family dwellings, duplexes, two-family
dwellings, townhouses, garden apartments and other attached housing
types such as low-rise and mid-rise structures.
(2)
Office/professional use.
(3)
Public utilities.
(4)
Hotel/convention facilities developed as one
facility, including convenience commercial uses and restaurants which
are related to a hotel convention facility.
(5)
Commercial uses, with the exception of theaters,
which commercial uses shall be limited to 33% of the nonresidential
floor space.
[Amended 4-29-1996 by Ord. No. 96-10]
(6)
Flex space buildings consisting of a mix of
warehouse and office use.
(7)
Freestanding restaurants.
C.
Permitted accessory uses.
(1)
Any accessory use permitted in existing residential,
commercial, office and industrial zones, provided that the use can
be demonstrated to be ancillary to a principal use on the site.[1]
[1]
Editor's Note: Former Subsection C(2), Warehousing,
which immediately followed this subsection, was repealed 8-1-1994.
E.
Prohibited uses. Any nonresidential use which will
result in a hazardous, noxious or offensive condition beyond the confines
of the building.
Development standards shall be as follows:
A.
Residential development.
(1)
Residential acreage and number of residential
units. The approximate acreage allocated to residential use, net of
roads, parks and wetlands shall be 146 acres. With one exception,
the number of residential units shall not exceed 1,975 units, resulting
in a gross density of approximately 13.5 units per acre. The only
exception that would allow the maximum number of units to exceed 1,975
units would occur only if the properties identified as Block 148.11,
Lot 1.01 and Lot 1.02, are developed as housing for residents 55 years
of age or older in accordance with the Housing Element and Fair Share
Plan adopted by the Planning Board on June 23, 2016. The developer
shall have the option to develop up to 420 age-restricted units on
land located on said property.
[Amended 8-1-1994; 7-25-2016 by Ord. No. 16-12; 8-1-2022 by Ord. No. 22-15]
(2)
Residential mix and densities.
(a)
Residential areas shall be designated on a general
development plan in accordance with the density classifications of
this subsection. Permitted housing types and density ranges within
these classifications are also specified herein:
|
Low Density - LD
| |||
|
Density range:
|
5 to 10 dwelling units per acre
| ||
|
Permitted dwelling units:
|
Single-family detached Zero-lot-line Duplex
Two-family Townhouse Multiplex
| ||
|
Low-Medium Density - LMD
| |||
|
Density range:
|
10 to 20 dwelling units per acre
| ||
|
Permitted dwelling units:
|
Duplex Townhouse Multiplex
| ||
|
Medium Density - MD
| |||
|
Density range:
|
15 to 25 dwelling units per acre
| ||
|
Permitted dwelling units:
|
Townhouse Multiplex Low-rise
| ||
|
Medium-High Density - MHD[1]
| |||
|
Density range:
|
20 to 35 dwelling units per acre
| ||
|
Permitted dwelling units:
|
Townhouse Multiplex Low-rise Mid-rise
| ||
[1]
Editor's Note: The former High Density - HD
classification, which immediately followed this classification, was
repealed 8-1-1994.
(b)
While individual areas may exceed the density
established herein, the average density for each specific density
classification shall not exceed the maximum permitted.
(3)
Affordable housing requirement.
[Amended 8-1-1994]
(a)
Three hundred forty-eight of the dwelling units
approved for construction in this zone shall be marketed at a sales
price or rent which makes them affordable to lower-income families
in accordance with the regulations of the Township of North Brunswick
Affordable Housing Ordinance,[2] unless the Township receives approval to transfer some
of these units to a receiving municipality through a regional contribution
agreement. In such case, each lower-income unit transferred shall
be replaced with a market priced unit.
(b)
Ten percent of the age-restricted units identified in § 205-87.4A(1) shall be affordable units as follows: 13% shall be very low income; 47% low income; and 40% moderate income.
[Amended 7-25-2016 by Ord. No. 16-12]
(4)
Designated lower-income units shall be subject
to price, rental, occupancy and resale controls as established by
the Township of North Brunswick Affordable Housing Ordinance.
(5)
Construction phasing, location and affirmative
marketing requirements. All low- and moderate-income units are subject
to the requirements of § 205-45.2B through E.
(6)
Minimum setback distances from roadways, parking
areas, the railroad and nonresidential uses. All residential structures
shall comply with the following minimum setback requirements:
[Amended 8-1-1994]
(a)
Fifty feet from the railroad.
(b)
Fifty feet from U.S. Route 130.
(c)
Thirty-five feet from existing and proposed
Township roads.
(d)
Twenty feet from private internal roads; except
at intersections, where the setback shall be 35 feet, said setback
measured from the edge of the cartway to the building.
(e)
Ten feet from off-street parking areas. However,
a driveway which leads to an individual unit shall be exempt from
this setback.
(f)
Fifty feet from adjacent property either developed
or zoned for nonresidential use.
(7)
Residential housing mix. No more than 33 1/3%
of the total units shall be constructed in structures exceeding three
stories.
[Amended 8-1-1994]
(8)
Lot configuration. Lot sizes and dimensions
may be freely disposed and arranged in conformity with the overall
density standards herein. However, said design shall be in accordance
with good planning practices and shall be subject to Board approval.
(9)
Buffer requirements. A fifty-foot buffer strip, designed in accordance with the requirements of Article XXVI, shall be required between proposed residential uses and all existing nonresidential uses on adjacent properties, as well as along U.S. Route 130 and the railroad. Roads and parking access roads may cross a setback or buffer area.
(10)
Minimum distance between buildings: 30 feet between structures
which exceed two stories; 20 feet between all other attached structures.
Detached single-family residential structures, except zero-lot-line
units, shall have a minimum side and rear yard of five feet. Zero-lot-line
units shall have a minimum side yard of 10 feet on one side and five
feet in the rear yard.
[Amended 5-17-2021 by Ord. No. 21-09]
(11)
Maximum residential building height.
[Amended 8-1-1994]
(a)
Residential building heights shall conform to
the following schedule:
|
Building Type
|
Maximum Height
(feet)
|
|---|---|
|
Mid-rise
|
55
|
|
Low-rise
|
50
|
|
All other residential
|
40
|
(12)
Maximum number of units per structure: 30 units
for two-story buildings; 40 units for three-story buildings excluding
low-rise buildings; 75 units for low-rise buildings; and 150 units
for mid-rise buildings.
(13)
Variation in setback. Front building elevations
shall have a minimum four-foot variation in the front building line
every four horizontal units; and rear building lines shall vary four
feet every six horizontal units.
(14)
Signs. Each individual residential and nonresidential
section of a development shall be permitted one identification sign
along each access road into the development. The design for said sign,
including material and construction, must be submitted to the Planning
Board for review and approval prior to final site plan approval and
shall not exceed 100 square feet in area. However, if more than one
development is located off a road, the total square footage of all
signs shall not exceed 200 square feet.
[Amended 8-1-1994]
(15)
Required number of off-street parking spaces.
Off-street parking shall be provided in accordance with the following:
1 1/4 spaces for all efficiency and one-bedroom units; 1 3/4
spaces for all two-bedroom units; and two spaces for all units with
three or more bedrooms.
B.
Nonresidential development.
(1)
Acreage and minimum floor space of nonresidential
development. The approximate acreage allocated to nonresidential use,
net of roads, parks and wetlands shall be 138 acres. This development
shall result in a minimum of one and 1,500,000 square feet of nonresidential
space.
[Amended 8-1-1994]
(2)
Maximum floor area ratio. Total nonresidential
development shall not exceed a floor area ratio of 0.3. However, individual
nonresidential areas may achieve a floor area ratio of 0.4.
[Amended 8-1-1994]
(3)
Location requirement. While the location of
residential and nonresidential development within the zone is not
prescribed in this section, the appropriateness of proposed locations
and transitions between nonresidential and residential land uses shall
be in accordance with good planning practices and shall be subject
to Board approval.
(4)
Flexible development regulations. Lot sizes
and dimensions, building heights and other bulk requirements are not
specified herein. However, said design shall be in accordance with
good planning practices and shall be subject to Board approval.
(5)
Construction phasing. Nonresidential development
shall proceed in accordance with the schedule established by court
order.
(6)
Maximum nonresidential building height: 100
feet.
A.
General. A general development plan application consisting
of details specified in this section may be submitted for approval
at the discretion of the applicant. Approval of a general development
plan, which specifies land use types, density ranges and other pertinent
site data for the entire 404 acres, confers upon the applicant and
the Township such rights as set forth in N.J.S.A. 40:55D-49 for a
period of 20 years, with the following provisions:
(1)
The approved general development plan shall
not be changed with regard to the maximum total dwelling units, density
ranges and the uses of the various project areas. The plan shall not
be significantly changed with regard to the general location and size
of the various parcels. Modifications shall be permitted to allow
development flexibility.
(2)
The general location and specifications for
the approved major collector roads shall not be changed.
(3)
Sections may be subdivided from property receiving
general development plan approval without regard to setback, side
yard, area or other applicable standards for the purpose of selling
to a builder, homeowners' association or utility.
B.
Submission requirements. The following information
shall be submitted with the general development plan application.
The information need not be shown on separate sheets, but may be combined
at the applicant's discretion.
(1)
Title sheet. A title sheet shall be submitted
containing the following information:
(a)
Name of the project.
(b)
Existing lot and block numbers of the project
site.
(c)
Name and address of the owner.
(d)
Name and address of the applicant.
(e)
Key map showing the entire tract and its relationship
to the surrounding area, at a scale of one inch equals 2,000 feet.
(f)
Date of the original submission and each subsequent
revision thereof.
(g)
Total tract area.
(i)
Name, address and telephone number of the professional(s)
preparing the submission.
(2)
Land use plan. Prepared at a scale of not smaller
than one inch equals 200 feet, the land use plan shall contain the
overall tract and demonstrate:
(3)
Circulation plan. Prepared at a scale of not
smaller than one inch equals 200 feet, the circulation plan shall
show:
(4)
Utility plan. Prepared at a scale of not smaller
than one inch equals 200 feet, the utility plan shall show:
(5)
Drainage plan. Prepared at a scale of not smaller
than one inch equals 200 feet, the drainage plan shall contain:
(6)
Open space plan. Prepared at a scale of not
smaller than one inch equals 200 feet, the open space plan shall indicate:
C.
Review process.
(1)
Submission. An application for general development
plan approval shall be submitted to the Board at an agenda session
of the Board. Fifteen completed copies of the plan and application
shall be filed with the Secretary of the Board, who shall distribute
the copies to the appropriate people or agencies.
(2)
Public hearing. At the public hearing, the applicant
shall present factual evidence and expert opinion in the form of maps,
charts, reports, models and other tangible materials presented by
attorneys, architects, landscape architects, engineers, realtors and
planners as will clearly state for the record the nature and extent
of the proposed development.
(3)
Approval time period. General development plan
approval shall be granted or denied within 95 days of submission of
a complete application.
(4)
Informal review permitted. Prior to submitting
a general development plan, an applicant may confer with the Board
and submit a conceptual plan for review and discussion in order to
obtain initial opinions. No application fee shall be charged. However,
necessary escrow funds shall be deposited.
No environmental impact assessment shall be
required to be submitted prior to granting of general development
plan approval or tentative plan approval, unless the Board determines
that an environmentally sensitive area may be negatively impacted
by the proposed development. This section in no way limits the Board's
ability to require an assessment of traffic conditions and the adequacy
of existing and proposed utilities.
The procedures and approvals provided herein
for tentative and final approval of a planned unit development, and
application for such tentative and final approval, shall be in accordance
with the following:
A.
Preapplication procedures. Prior to submitting a formal
application for tentative approval of a planned unit development,
an applicant may confer with the Planning Board and submit an outline
development plan to obtain initial opinions on the acceptability of
the proposal.
B.
Application for tentative approval.
(1)
Submission of application. Any landowner desiring
to establish a planned unit development hereunder shall first submit
an application for tentative approval to the Planning Board at a regular
meeting. Such application shall be filed by the landowner or other
entity having a cognizable interest in the land. Fifteen completed
copies of the plan and application shall be filed with the Secretary
of the Planning Board, who shall distribute the copies as follows:
(a)
One copy to each member of the Planning Board.
(b)
Two copies to the Director of the Department
of Planning and Development.
(c)
One copy to the Township Engineer.
(d)
One copy to the Township Public Works and Utilities
Department.
(f)
One copy to the Middlesex County Planning Board.
(g)
One copy to the New Jersey Division of State
and Regional Planning in the Department of Community Affairs.
(h)
One copy to the Planning Board Attorney.
(i)
Three copies filed with the Secretary of the
Planning Board.
(2)
Application for a planned unit development shall be
made in duplicate on the form provided by the Township, which shall
be considered an application for tentative approval.
(3)
The fee for such application shall be $20 per dwelling
unit plus $50 per acre of land designated for nonresidential uses.
(4)
Such an application shall indicate:
(a)
The name of the applicant.
(b)
The location of the land proposed to be developed.
(c)
The nature of the applicant's interest in the
land.
(d)
The density of land use to be allocated to various
parts of the site.
(e)
The location and size of any common open space.
(f)
The firm or organization proposed to own and
maintain common open space.
(g)
The use, approximate height, bulk and location
of buildings or other structures.
(h)
The proposed provision for disposition of storm
and sanitary water.
(i)
The substance of any covenants, grants, easements
or any other restrictions proposed to be imposed upon the land or
buildings, including easements for public utilities.
(j)
Proposed provisions for parking.
(k)
Locations and widths of streets and ways.
(l)
Modifications from the existing ordinances governing
streets or ways or land use being requested.
(m)
The projected schedule for development and the
approximate times when final approvals would be requested.
(n)
A statement of why the public interest would
be served by the proposed development and wherein the proposed development
would meet the objectives of this chapter.
A.
Public hearings for tentative approval for a PUD plan
shall be held and conducted in accordance with the described procedure,
conditions and regulations as specified in the Municipal Land Use
Law (1975).
B.
A transcript of the hearing shall be caused to be
made by the Planning Board, the cost of which shall be paid by the
applicant. Copies shall be made available at cost to any party to
the proceeding, and all exhibits accepted in evidence shall be properly
identified and the reason for the exclusion clearly noted in the record.
A report on the proposed planned unit development by the Department
of Planning and Development shall be prepared and filed with the Planning
Board not less than five days before the public hearing and shall
be available for public inspection during reasonable hours.
C.
The Planning Board may continue the hearing from time
to time, and the Planning Board may refer the matter back to the Department
of Planning and Development for a further report, a copy of which
shall be filed for record without delay.
D.
Presentation of evidence.
(1)
At the public hearing, the applicant shall present
evidence as to the planned unit development's:
(a)
General character and substance.
(b)
Objectives and purposes to be served.
(c)
Adequacy and completeness of standards.
(d)
Satisfactory application for standards in specific
details of design and organization of elements and plans.
(e)
Environmental impact, if the Natural Resource
Inventory or Master Plan notes that the area is characterized by sensitive
environmental features.
(f)
Time factors and sequential development potentials.
(g)
Conformity with comprehensive plans for Township
development.
(2)
To this end, factual evidence and expert opinion shall
be submitted by the developers in the form of such necessary maps,
charts, reports, models and other tangible materials presented by
attorneys, architects, engineers, realtors, professional planners
and economists as will clearly state for the record the full nature
and extent of the proposal.
E.
The Planning Board shall decide upon the tentative
PUD application in accord with procedure, conditions and regulations
as specified in the Municipal Land Use Law (1975).
F.
The grant or denial of tentative approval shall be
by written resolution, including but not limited to findings of fact
and conclusions setting forth in what respects the plan would or would
not be in the public interest and:
(1)
In what respects the plan is or is not consistent
with the statement of objectives of a planned unit development.
(2)
The extent to which the plan departs from zoning and
subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk and use and the reasons
why such departures are or are not deemed to be in the public interest.
(3)
The purpose, location and amount of the common open
space in the planned unit development, the reliability of the proposals
for maintenance and conservation of the common open space and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of development.
(4)
The physical design of the plan and the manner in
which said design does or does not make adequate provision for public
services, provide adequate control over vehicular traffic and further
the amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed
planned unit development to the neighborhood in which it is proposed
to be established.
(6)
In the case of a plan which proposes development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents and owners
of the planned unit development in the integrity of the plan.
(7)
That the plan is in conformity with the provisions
of the Municipal Land Use Law (1975) and the Master Plan of the Township
of North Brunswick.
G.
Status of plan after tentative approval. Upon receipt
of preliminary approval, the developer shall possess such rights as
set forth in N.J.S.A. 40:55D-49d.
A.
The application for final approval of all or a section
of an approved tentative PUD plan shall be made to the appropriate
administrative officer. The Planning Board shall act upon the application
in accordance with procedures and conditions and standards as specified
in the Municipal Land Use Law (1975).
B.
At the time of filing for final PUD plan approval,
the applicant shall pay to the Township of North Brunswick a fee equal
to 1/2 the amount of the tentative application fee.
Before final approval of a planned unit development,
the Planning Board may require, in accordance with the standards of
this chapter, the installation, or the furnishing of a performance
guaranty in lieu thereof, of all or any of the following improvements
it may deem to be necessary or appropriate: street grading, pavement,
gutters, curbs, sidewalks, streetlighting, shade trees, surveyors'
monuments, water mains, culverts, bridges, storm sewers, sanitary
sewers or other means of sewage disposal, drainage facilities or structures
and other improvements as the Planning Board may require or deem necessary
in the public interest.
Upon receipt of a conceptual development plan,
or an application for general development plan approval, for tentative
plan approval and for final plan approval for a planned unit development
in either the PUD, PUD-II or TMU Zones, the Secretary of the Planning
Board shall send a copy of the application and a set of all maps and
reports to the Board Attorney and Board Planner. Within 10 days of
receipt, the Board Attorney and Board Planner shall submit to the
Secretary of the Planning Board an estimate of funds sufficient in
amount to undertake technical reviews, prepare reports, conduct site
inspections and to attend meetings. Said funds shall be required to
be placed in an escrow account by the Township Treasurer to be used
as follows:
A.
The Board professional staff and clerical staff shall
submit vouchers for all necessary fees for attendance at meetings
and examination, inspection and review of the planned unit development,
which fees shall be paid in the ordinary manner. Said vouchers shall
be based upon hourly fees for necessary man-hours expended.
B.
Any of the aforesaid moneys left in the escrow account
upon completion of the project or phase of the application procedure,
as the case may be, shall be returned to the applicant as soon as
it is practically possible.
C.
Should additional funds be required after the original
funds are exhausted, such funds as shall, in the judgment of the Planning
Board, be necessary shall be paid in the appropriate account or accounts.
D.
The Planning Board shall notify the professional staff
that all appropriate examinations, inspections and reviews shall be
undertaken.
E.
The Planning Board shall take no formal action on
any specific phase of a planned unit development unless all application
fees and escrow funds have been paid.
F.
In addition to the examination, inspection and review
of the planned unit development by Professional Staff, the Planning
Board may hire a consulting engineer to study and review the planned
unit development. The findings of the consulting engineer shall be
made in a written report to the Planning Board and given in testimony
as part of the public hearing. The cost of such services shall be
paid by the applicant to the Township Treasurer and placed in the
appropriate account.
