[Adopted 7-18-2002 by Ord. No. 2002-16 (Sec. 1.37 of the 1995 Code)]
The Township Committee hereby finds and determines
that the specifically delineated project area, as shown on the maps
attached to the Township Committee's "Cinnaminson Township Redevelopment
Plan, June, 2002" and as more specifically set forth on the attached
schedule of properties within the Redevelopment Area (Schedule A,
attached hereto, and made a part hereof), is, in fact, an area in need of redevelopment in accordance
with the criteria set forth at N.J.S.A. 40A:12A-5, and concludes that
the Township's Planning Board has met its obligation to follow the
criteria as set forth at said statute, prior to making said recommendation.
[Added 12-7-2015 by Ord.
No. 2015-22]
The provisions of this chapter, pursuant to the authority of N.J.S.A. 40A:12A-7c, shall supersede and be paramount to inconsistent or incompatible provisions of the Zoning Ordinance and other Development Regulations for property in areas declared in need of redevelopment by the governing body. The Zoning Map as described in §
525-4 is hereby amended to reflect that areas designated as in need of redevelopment shall constitute overlay zoning districts.
The Township Committee hereby adopts by reference,
and incorporates the same herein as if set forth at length, the "Cinnaminson
Township Redevelopment Plan, June, 2002." In adopting said plan, the
governing body hereby declares and determines that said plan meets
the criteria, guidelines and conditions set forth at N.J.S.A. 40A:12A-7;
provides realistic opportunities for redevelopment in said area; and
is otherwise in conformance with the provisions of the Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq. The Township Committee
further finds and determines that said Redevelopment Plan is consistent
with and conforms to the Township's Master Plan.
[Amended 8-20-2008 by Ord. No. 2008-11]
The Township Committee, as the governing body
of the Township of Cinnaminson, shall have and be entitled to, and
is hereby vested with, all powers and authority available to it in
furtherance of the goals and purposes of said Redevelopment Plan.
The Township Committee is specifically empowered with, and authorized
to undertake, all such actions, proceedings, and undertakings as set
forth at N.J.S.A. 40A:12A-1 et seq., including by way of example,
and not by way of limitation, those powers set forth at N.J.S.A. 40A:12A-8,
40A:12A-9, 40A:12A-10, 40A:12A-13, 40A:12A-22, 40A:12A-27, 40A:12A-37,
40A:12A-38, 40A:12A-39 et seq.
A. Neither the Zoning Board of Adjustment nor the Township Planning Board shall grant any deviations from the terms and requirements of the Redevelopment Plan, and the Redevelopment Ordinance, including the granting of variances under N.J.S.A. 40:55D:70(c) or (d). Waivers sought from any of the Architectural Design Standards in §
411-12 of the Redevelopment Ordinance may be granted by the governing body. Any proposed changes to the Redevelopment Plan shall be in the form of an amendment to the plan adopted by the governing body in accordance with the procedure set forth in the Local Redevelopment and Housing Law.
[Amended 12-7-2015 by Ord. No. 2015-22]
B. The Township Committee, acting as the redevelopment
entity within the Township of Cinnaminson, shall review all proposed
redevelopment projects within the redevelopment areas to ensure that
such projects are consistent with the Redevelopment Plan, redevelopment
ordinances, and relevant redeveloper agreements. Said review by the
Township Committee shall occur prior to the submission of the redevelopment
project to either the Planning Board or the Zoning Board of Adjustment.
As part of said review, the applicant may be required to submit its
plans to a technical review committee, which shall be appointed by
the Township Committee, should it so choose to do so, by resolution,
and which committee may include professionals retained by the Township
of Cinnaminson. In the event the professionals retained by the Township
are appointed to said committee, the applicant shall be required to
post an escrow to cover the costs of said fees, which escrow shall
be no less than $2,500, and shall be billed at the professional's
regular hourly rate of billings to the municipality.
Pursuant to the authority vested in the Township
Committee by N.J.S.A. 40A:12A-42, there is hereby established and
created within the Township of Cinnaminson a Cinnaminson Township
Redevelopment Area Advisory Council to assist and advise the governing
body in various redevelopment matters. Said Council shall be an ad
hoc Council, whose members shall serve at the pleasure of the governing
body, and which Council shall have no power or authority other than
to provide advice and input to the governing body regarding redevelopment
matters. Said Advisory Council shall consist of seven individuals,
to be appointed by the Township Committee. Appointments to said Council
shall be for periods not to exceed three years each, and may be for
lesser terms at the discretion of the governing body.
Pursuant to the requirements of N.J.S.A. 40A:12A-43,
the Township shall submit an annual report to the Commissioner of
the Department of Community Affairs of the State of New Jersey indicating
the name, location, and size of all projects undertaken in the redevelopment
area. In addition, the annual report shall contain such information
as the Commissioner shall deem necessary in order to fulfill the reporting
requirements of N.J.S.A. 52:27D-3.3.
[Added 10-20-2004 by Ord. No. 2004-19]
Site plan review shall be required, as set forth
below, for any change in tenancy, use, and/or occupancy of a nonresidential
property, building or structure, or part thereof, located within the
Township's redevelopment area, where the change is from either one
permitted use to another permitted use and the actual new use is different
from the previous use (i.e., changing a restaurant to a clothing store);
or from a vacancy (where the store has been unoccupied for more than
12 consecutive months) to any occupancy. Said site plan review, however,
shall be limited to the following requirements:
A. A plan drawn by a licensed engineer or registered
architect authorized to practice in the State of New Jersey, bearing
the signature, seal, license, or registration number and address of
the professional preparing the plan, as follows:
(1) The plan shall be clearly and legibly drawn at a scale
no smaller than one inch equals 50 feet.
(2) The plan shall show the lot area and lot dimensions.
(3) The plan shall show the approximate location of existing
buildings, including individually leased spaces or stores, paved areas,
and setbacks of existing buildings from front, side and rear lot lines.
(4) The plans shall show the North arrow, key map at a
scale of one inch equals 2,000 feet and the zoning district(s) in
which the lot is located.
(5) The plan shall show the proposed buildings, building
additions facade changes and proposed use(s).
(6) The plan shall show the existing and proposed parking
areas, showing parking spaces and access drives; loading areas; on-site
vehicular circulation; site triangles; fire lanes; approximate on-site
or on-tract stormwater facilities; and water and sewer service.
(a)
A landscaping plan showing proposed buffer areas,
ground cover, fencing, signs, street furniture, recreation areas,
shrubbery, trees, and other landscaping features, including the location,
number, species and caliper of plant materials and trees to be located
on the property, and a description of the shrubbery, lawn area, ground
cover, rock formations, existing foliage, and planting of coniferous
or deciduous trees in order to maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas on the site.
(b)
A description of sidewalks and curbing to be
constructed, or if existing sidewalks and curbing are in need of repair,
then a plan for repair of same.
(c)
The size, height, location, arrangement, and
use of all proposed buildings, structures and signs, whether existing
or proposed to be renovated, altered or modified, as well as both
existing rooflines and any changes to be made regarding same, and
proof of compliance with existing requirements for same.
(d)
An analysis of the applicant's compliance with
the architectural standards and requirements for said redevelopment
area.
(e)
Where any site plan requires excavation to be
done, a rodent control and extermination program designed to prevent
or terminate rodent infestation shall be submitted, and a copy shall
also be forwarded by the applicant to the Board of Health of the Township
of Cinnaminson, said Board having exclusive control of determining
the adequacy of such a program. The Board of Health shall report to
the Planning Board its comments with regard to said rodent control
plan.
B. Any and all site plan approvals granted under this section shall be conditioned upon continued compliance by the applicant with Chapter
405, Property Maintenance, Article
I, Commercial and Residential Property, the Township's Redevelopment Plan, and any and all other applicable local ordinances.
C. Site plan applications, except to the extent provided
herein, shall be governed by the timing requirements of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.), and the general Cinnaminson
site plan regulations regarding same.
D. Notwithstanding any to the contrary herein contained,
in the event that the Planning Board determines that the proposed
site plan does not meet current requirements with regard to the items
set forth above, and that the failure to meet said requirements poses
a direct threat to the public health, safety and welfare, is inconsistent
with and/or negatively impacts the goals and purposes of the Redevelopment
Plan then the Planning Board shall so advise the application of those
provisions of the Site Plan Ordinance and Redevelopment Plan which must be met, and any and
all approvals shall be withheld until proof of conformity with same
is satisfied by the applicant.
[Added 10-20-2004 by Ord. No. 2004-19]
A. Principal permitted uses.
(1) In all redevelopment sections in the BD Business Development
District, the following uses (and no others) of lands and buildings
are permitted:
(a)
General corporate, administrative and professional
offices.
(b)
Banks and other financial institutions.
(c)
Assisted living, rest and convalescent homes.
(d)
Restaurants and catering establishments where
refreshments and meals may be obtained by the public for consumption
on the premises within the building housing the restaurants and at
tables provided for the public by the owners or management of the
establishment.
(e)
Shopping centers and/or major retail establishments
for the sale of goods and services of certain types and descriptions
that are not prohibited, provided that:
[1]
The parcel of ground in question is under single
ownership, has an area of not less than 15 acres, has a frontage of
not less than 750 feet on a major street and contains an establishment
or establishments having a gross floor area of not less than 100,000
square feet.
[2]
The number; size and manner of the ingress and
egress to and from said streets shall be subject to the approval of
the reviewing board or agency.
[3]
Shopping centers are further subject to the requirements of §
525-107.
(f)
Planned business development parks consisting of one or more of the permitted uses in the BD District as permitted under §
525-65 and in accordance with the regulations for a planned business development park established by ordinance.
(g)
Age-restricted housing units. Age-restricted
housing units, where use and occupancy of said units are limited to
individuals or families where at least one permanent household resident
is 55 years of age or older, and total occupancy is limited to three
persons with none under 18 years of age, shall be permitted on any
parcel(s) of ground under single ownership having not less than 14
acres in size. Any age-restricted housing development with 50 or more
units shall provide a clubhouse or meetings facility for its members
to gather and congregate and to partake in senior-oriented activities.
[Added 8-16-2006 by Ord. No. 2006-25]
(h) Health club/fitness center.
[Added 12-2-2009 by Ord. No. 2009-15]
(i) Drive-through restaurants
[Added 12-2-2009 by Ord. No. 2009-15]
(j)
Convenience stores with motor fuel dispensing, as hereafter
defined and subject to the conditions of this subsection. A convenience
store with motor fuel dispensing is a retail establishment offering
for sale prepackaged food products, household items, newspapers and
magazines, sandwiches and other freshly prepared foods, such as salads,
for off-site consumption and includes facilities for dispensing motor
fuels. The standards and conditions set forth below shall apply:
[Added 11-15-2010 by Ord.
No. 2010-13; amended 12-7-2015 by Ord. No. 2015-22]
[1]
Minimum lot size: 1.75 acres.
[2]
Maximum building size: 6,000 square feet.
[3]
Maximum number of fueling stations: eight dispensers with two
nozzles/hoses each.
[4]
Maximum number of stories: one, exclusive of towers, cupolas
or other architectural elements.
[5]
Maximum height for principal building: 30 feet, exclusive of
towers, cupolas or other architectural features.
[6]
Maximum height of towers, cupolas or other architectural features:
45 feet.
[7]
Maximum height for fuel canopy: 25 feet.
[8]
Parking: one space per employee on the most-heavily-staffed
shift plus a minimum of one space for each 300 square feet of footprint
of the principal building. Additional parking may be provided to enhance
internal circulation or where otherwise indicated by sound planning
principles.
[9]
Traffic study: A traffic impact study prepared by a licensed
professional traffic engineer shall be submitted by the applicant.
The study shall include but not be limited to estimates of the number
of vehicles utilizing the fuel dispensers and store facility, on-site
circulation, maximum size of trucks that can safely maneuver on site,
ingress, egress and the impact of the traffic on the traffic patterns
of adjacent roads.
[10]
Landscaping and buffering.
[a] Minimum front and side yard buffer not adjacent
to any residential zone: seven feet, as measured from the property
line.
[Amended 4-4-2016 by Ord.
No. 2016-5]
[b] Minimum landscaping strip and separation between
driveways and streets not adjacent to any residential zone: seven
feet.
[Amended 4-4-2016 by Ord.
No. 2016-5]
[c] Landscaping shall be in accordance with the design standards of this Chapter
411.
[11]
Signs.
[a]
One freestanding sign is permitted for each nonresidential street
frontage with fuel pricing. Maximum height for a pylon sign is 20
feet, and the minimum setback shall be five feet from the right-of-way
of any street. There shall be a required minimum distance of 10 feet
measured from the ground up to the bottom of a pylon sign. The surface
area of the sign shall be a maximum of 50 square feet for each side
of a double-faced sign.
A "monument" sign shall conform to the requirements of §
411-12, except that the setback may be five feet.
[b] One facade sign is permitted on the principal building
facade. The sign shall be limited in size to two square feet in size
for each one foot of principal facade width. Facade signs shall have
a maximum vertical height of five feet, be at least 10 feet off of
the ground, project no more than 12 inches from the vertical wall
and be no larger than 200 square feet in total size.
[c] Window signs shall be limited to 10% of the window
area on the principal building facade.
[d] Canopy signs. A maximum of two canopy spanner signs
shall be permitted under the canopy, with a maximum height of two
feet and a maximum area of 40 square feet each.
[12]
Development adjacent to residential zones. Where the proposed development is adjacent to a residential zone, the provisions of §
525-67 of this Code shall apply.
[Amended 4-4-2016 by Ord.
No. 2016-05]
(k)
Hotel and conference centers, which shall mean and require the
following components:
[Added 6-1-2015 by Ord.
No. 2015-4]
[1]
The hotel shall have a minimum of 100 rooms for transient guests;
[2]
The hotel shall have a conference center which shall be intended
to serve, at least in part, the principal permitted use of a hotel.
The hotel and conference center shall obtain site plan approval consistent
with the general design standards of the redevelopment ordinance of
the Township of Cinnaminson. The conference center shall be used for
conferences and seminars and shall have accommodations for food preparation
and eating, recreation, entertainment, resource facilities and meeting
rooms. The conference center shall, in total, have not less than 6,000
square feet of meeting and/or conference space. No one event or training
session undertaken in the conference center shall operate for more
than 30 consecutive days in any one calendar year.
[3]
The hotel and conference center shall provide the following
off-street parking facilities: a) one space per guest room; plus b)
one space for each employee of the facility on the shift having the
most employees; plus c) one space for each three seats in any restaurant,
lounge or bar area; plus d) one space for each two seats in conference
facilities, or, if the number of seats is undetermined, one space
for every 75 square feet of assemblage area.
[4]
For all buildings, setbacks shall be provided as follows: a)
front yard: 75 feet; b) side yards: 30 feet; and c) rear yard: 30
feet. No parking facilities shall be located within 30 feet of the
front lot line or within the side or rear setbacks. Notwithstanding
the foregoing, a porte cochere may project to within 40 feet of the
front lot line.
(l)
Car washes, provided that:
[Added 10-19-2015 by Ord.
No. 2015-19; amended 12-7-2015 by Ord. No. 2015-23]
[1]
No self-service car washes are permitted:
[2]
The car wash shall have at least one attendant present on site
and one manager on call and available during all hours that the car
wash is open for business; and
[3]
The car wash shall be on or immediately adjacent to a lot utilized
as an automobile service station, automotive repair shop or convenience
store permitted under the provisions of this chapter.
[4]
Car washes shall comply with standards applicable in the redevelopment
area zone with particular attention to noise regulation adjacent to
residential uses.
B. Permitted accessory uses:
(1) Restaurant or cafeteria primarily for supplying meals
only to employees and guests of the principal use; and newsstand,
post office, automated banking facility and similar conveniences serving
primarily employees and guests of the principal use, provided that
there shall be no external evidence of such use.
(2) Assembly halls for meetings incidental to the business
of the principal use.
(3) Maintenance, utility and storage facilities incidental
to the principal use.
(4) Sales of products incidental or accessory to the principal
use.
C. Prohibited uses. In all redevelopment sections in
the BD Business Development District, the following uses of lands
and buildings are prohibited:
[Amended 3-21-2007 by Ord. No. 2007-9]
(1) Adult entertainment (bookstores, video stores, adult
novelty stores, theaters, exotic dancing). Within this subsection,
the following terms shall have the following meanings:
[Amended 8-15-2007 by Ord. No. 2007-20]
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which has as a significant or
substantial portion of its stock-in-trade, or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising or maintains
a substantial section of its sales or display space for the sale or
rental, for any form of consideration, of any one or more of the following:
(a)
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes, compact
discs, slides, DVDs or other visual representations which are characterized
by their emphasis on the exhibition or display of “specified
sexual activities” or “specified anatomical areas,”
as those terms are defined at N.J.S.A. 2C:34-6.
(b)
Instruments, devices or paraphernalia which
is designed for use or marketed primarily for stimulation of human
genital organs or for pseudo masochistic use or abuse of the user
or others.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or
semi-nude, or live performances which are characterized by the exposure
of “specified anatomical areas” or “specified sexual
activities” as said terms are defined in N.J.S.A. 2C:34-6.
(2) Amusement centers. An "amusement center" is defined as the operation of a business wherein the proprietor, owner, or tenant provides three or more amusement machines to be played by the public, whether or not said machines are coin-operated; except, however, that where said games or amusement machines are contained and/or operated within a restaurant or catering establishment, which is otherwise permitted under §
411-8A(1)(d) above, so long as the area of the restaurant or catering establishment, which is dedicated to the games and amusement machines, does not exceed 10% of the restaurant/catering facility’s floor space.
[Amended 8-5-2009 by Ord. No. 2009-8]
(3) Bars (excluding those associated with restaurants);
(7) Correctional/detention facilities;
(9) Workers compensation offices;
(11)
Janitorial supplies/services;
(14)
Laundry/dry cleaners (with plants on premises);
(15)
Low-scale beauty supply stores;
(16)
Mental health facilities;
(20)
Plant nursery (except florists);
(21)
Rehabilitation facilities;
(22)
Rental offices (car, furniture, etc.);
(27)
Tools and heavy equipment sales;
(31) Self-service
car washes.
[Added 12-2-2009 by Ord.
No. 2009-15; amended 10-19-2015 by Ord. No. 2015-19; 12-7-2015 by Ord. No. 2015-23]
(32) Temporary storage containers, as defined in §
443-2 of the Code, and as further permitted as an accessory use in BD Districts under §
525-65B(5), are specifically prohibited in the BD District within the redevelopment area whether the same are temporary or permanent in nature;
[Added 12-16-2009 by Ord. No. 2009-17]
(33)
All other uses currently not permitted in the
zone; and nothing herein contained shall be construed to now permit
uses not expressly provided herein. Instead, all uses previously prohibited
in that they were not specifically permitted shall continued to be
prohibited, notwithstanding their omission from this list.
[Adopted 12-17-2003 by Ord. No. 2003-22 (Sec. 1.38 of the 1995 Code)]
[Amended 6-4-2012 by Ord. No. 2012-10]
The performance and design standards described
in this article shall be used as the Township's presumptive minimum
requirements for subdivision and site plan development and as criteria
for evaluating the plan and design of such development or redevelopment
plans. However, the guidelines and standards are not intended to restrict
creativity, and an applicant may request that the performance and
design standards be modified or waived. To gain approval of such modification
or waiver, the applicant shall demonstrate to the Planning Board the
criteria for waivers established under N.J.S.A. 40:55D-51.
As used in this article, the following terms
shall have the meanings indicated:
ARCADE
An area contiguous to a street or plaza that is open and
unobstructed, and that is accessible to the public at all times. Arcades
may include building columns, landscaping, statuary and fountains.
Arcades do not include off-street loading/unloading areas, driveways
or parking areas.
ARTICULATE
To give emphasis to or distinctly identify a particular element.
An articulated facade would be the emphasis of elements on the face
of a wall including a change in setback, materials, roof pitch or
height.
AS-OF-RIGHT ZONING
Uses and development standards that are determined in advance
and specifically authorized by the zoning regulations (e.g., a single-family
zone would allow single-family housing as of right so long as site
development standards are met). This type of zoning is in contrast
to cumulative or "pyramidal" zoning.
BERM
An earthen mound designed to provide visual interest on a
site, screen undesirable views, reduce noise or provide a buffer from
adjoining uses.
BREEZEWAY
A structure for the principal purpose of connecting a main
building or structure on a property with other buildings.
BUFFER
See also "screen." An area provided to reduce the conflict
between two different land uses. Buffers are intended to mitigate
undesired views, noise and glare, effectively providing greater privacy
to neighboring land uses. Typical buffers consist of materials that
serve this purpose and include, but are not limited to, plant materials,
walls, fences and/or significant land area to separate the uses.
BUFFER STRIP
A portion of a lot or property used to visually separate
one use from another through the use of vegetation, distance or other
approved method.
BUILDING FACE, FRONT
Any building face, which can be touched by a line, drawn
perpendicular to street (public or private).
BUILDING FACE, PUBLIC
Any building side that is visible from public or private
rights-of-way and/or the faces that contain public entry.
BUILDING MASS
The building's expanse or bulk and is typically used in reference
to structures of considerable size.
DESIGN GUIDELINES
Statements and graphics intended to direct the planning and
development of the built environment in a particular manner or style
so that the end result contributes positively to the overall development.
DORMER
A window set vertically in a gable projecting from a sloping
roof.
FACADE
The portion of any exterior elevation on the building extending
from grade to the top of the parapet, wall or eaves and extending
the entire length of the building.
GABLE
A triangular wall section at the end of a pitched roof, bounded
by the two roof slopes.
PARAPET
The portion of a wall that extends above the roofline.
PLANNED COMMERCIAL DEVELOPMENT
A contiguous or noncontiguous land area with a minimum specified
land area developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial and/or office uses.
PEDESTRIAN-ORIENTED DEVELOPMENT
Development designed with an emphasis primarily on the street
sidewalk and on pedestrian access to the site and buildings/structures
rather than on auto access. The buildings/structures are generally
located close to the public or private right-of-way and the main entrance(s)
is oriented to the street sidewalk. There are generally windows or
display cases along building facades. Although parking is provided,
it is generally limited in size and location.
PEDESTRIAN WALKWAY
A surfaced walkway, separate from the traveled portion of
a public or private right-of-way or parking lot/driving aisle.
PORTICO
A porch or walkway with a roof supported by columns, often
leading to the entrance to a building.
PUBLIC/PRIVATE RIGHT-OF-WAY
Any public or private road, access easement intended to provide
public access to any lot/development, but excluding any service road
or internal driving aisles (i.e., within parking lots).
SCREEN
See also "buffer." The sole purpose of a screen is to block
views. A screen should be constructed of opaque materials and whose
height will be effective in obstructing unwanted views.
SETBACK
A prescribed distance or an area between one element and
another (i.e., a building and the road right-of-way). Within these
guidelines, the term also refers to:
A.
The minimum distance and the area measured from
the property line to the interior of a parcel where buildings may
be constructed.
B.
The required distance and the area between the
edge of the parking lot pavement/curb and the property line or buildings/structures.
C.
Placing a building face on a line to the rear
of another building line.
STREETSCAPE
All elements of a development or area that are in view from
other points along a street.