Township of Jackson, NJ Mixed Use Neighborhood Centers

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Article XV Mixed Use Neighborhood Centers

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[Added 5-9-2017 by Ord. No. 06-17]

§ 244-239 Mixed Use Neighborhood Centers (MUNC).

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§ 244-239 Mixed Use Neighborhood Centers (MUNC).

In zones where a Mixed Use Neighborhood Center (MUNC) is a permitted principal use, the following shall apply:

General requirements. The following general requirements for a Mixed Use Neighborhood Center development shall apply:

(1)

In all zones where Mixed Use Neighborhood Centers are a permitted principal use and an applicant proposes the development of a Mixed Use Neighborhood Center or addition to same, the provisions of this section shall apply and supersede the remaining zoning provisions of the particular zone;

(2)

The minimum tract size of a Mixed Use Neighborhood Center shall be 20 contiguous acres. This subsection shall not prohibit the subdivision of property within a Mixed Use Neighborhood Center into lots less than 20 acres, subject to the minimum lot area requirements set forth in Subsection F below;

(3)

Not more than 60% of the total number of dwelling units shall be located in buildings of the same type;

(4)

Not more than 10% of the total number of dwelling units, including required affordable units, shall have three or more bedrooms;

(5)

No detached single-family dwellings shall be permitted in a Mixed Use Neighborhood Center;

(6)

No dwelling unit in the Mixed Use Neighborhood Center shall have four or more bedrooms;

(7)

The initial Mixed Use Neighborhood Center approved under this section shall provide for both a minimum of 1,365 dwelling units, of which 20% or a minimum of 273 shall be affordable family rental units, and a minimum of 273,000 square feet of required commercial space consistent with Subsection H below; and

(8)

A developer's agreement shall be required as a condition of any approval of a Mixed Use Neighborhood Center.

Permitted principal uses of buildings and structures are as follows:

(1)

Retail establishments, excluding the sale or rental of non-fossil-fueled motor vehicles;

(2)

Business offices and services, including, but not limited to, real estate and travel agencies, insurance, advertising, financial, and printing and copying;

(3)

Personal service establishments, including, but not limited to, barbershops, tailors, beauty salons, dry cleaning (with no cleaning done on premises), and pet grooming (with no boarding facilities);

(4)

Health clubs, day spas, and fitness centers;

(5)

Studios for dance, music, art, crafts, gymnastics, martial arts, and photography;

(6)

Professional offices for medical, health services, law, engineering, architecture, and accounting;

(7)

Establishments serving food or beverages (alcoholic and nonalcoholic) to the general public, such as restaurants, cafes, delicatessens, taverns, bars, pubs, microbreweries, nightclubs, confectionery and ice cream shops, excluding drive-through facilities, but including walk-up windows and outdoor dining, provided adequate pedestrian access is maintained;

(8)

Adult and child day-care facilities, and early learning centers;

(9)

Banks and financial services, excluding businesses with check cashing as primary or principal service;

(10)

Indoor commercial recreation facilities, including bowling alleys, skating rinks, swimming pools, and amusements and entertainment for children;

(11)

Bed-and-breakfast inns and homes;

(12)

Hotels, motels, and extended-stay facilities limiting stays to 45 days or less;

(13)

Private clubs and fraternal organizations;

(14)

Art galleries, museums, and theaters (motion picture and stage, but excluding adult entertainment venues);

(15)

Multifamily dwellings, including multifamily dwelling units in mixed-use buildings;

(16)

Townhouses of four or more units per building;

(17)

Live-work units and loft-style apartments in mixed-use buildings only;

(18)

Surface parking and parking structures;

(19)

Municipal, county, state, and federal offices and buildings;

(20)

Municipal, county, and state open space, parks and playgrounds;

(21)

Police, fire and emergency substations;

(22)

Transit facilities and shelters;

(23)

Private open space, parks, playgrounds, plazas, squares, courtyards, urban gardens, clubhouses, community buildings and facilities for the use of residents and visitors of the Mixed Use Neighborhood Center; and

(24)

Essential services.

Permitted temporary uses are as follows:

(1)

Outdoor art and craft shows, antique shows, flea markets or group activities in accordance with the provisions of § 244-158;

(2)

Municipally sponsored events and festivals;

(3)

Street vending and kiosks subject to the requirements of § 310-1 et seq.;

(4)

Seasonal outdoor retail sales in accordance with the provisions of § 244-158.

Permitted accessory buildings and uses are as follows:

(1)

Fences and walls subject to the design standards in § 244-239K(9) below;

(2)

Signs subject to the design standards in § 244-239K(7) below;

(3)

Off-street parking and loading facilities in accordance with the provisions of § 244-239K(6) below;

(4)

Public restrooms;

(5)

Parks, playgrounds, recreational facilities and buildings, community buildings, and clubhouses;

(6)

Detached garages;

(7)

Production of electrical power through alternative sources, including but not limited to natural gas;

(8)

Minor solar or photovoltaic energy facilities or structures; and

(9)

Automobile electrical charging stations.

Conditional uses.

(1)

Farmers markets may be permitted as a conditional use in the Mixed Use Neighborhood Center Zone, provided that the lot, use and structures shall adhere to the minimum standards of the particular zone and the following:

(a)

No area for outdoor sales or storage shall be located within the front yard area or closer to the rear and side property lines than the required rear yard and side yard setbacks for accessory buildings for the particular zone.

(b)

The retailing of farm products raised off site and transported to the property in question for sale is permitted.

(c)

Parking shall be provided in accordance with the provisions set forth at § 244-239K(6) below.

Area, yard and building requirements for a Mixed Use Neighborhood Center (MUNC) shall be in accordance with the following table:

	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)	Minimum Front Yard Setback (feet)	Minimum Side Yard Setback (feet)	Minimum Rear Yard Setback (feet)	Maximum Building Height (feet)	Maximum Building Coverage (%)	Maximum Lot Coverage (%)
Mixed-use building lots	10,000	100	100	5	0	20	65	75	100
Multi- family residential lots	4,250	50	85	15	25	30	65	65	80
Town- house (fee simple) lots	1,800	18	90	15	0	25	40	75	85
Free- standing non- residential use lots	5,000	50	100	15	20	25	65	65	85
Free- standing large retail establish- ment lots	100,000	250	250	50	30	50	45	50	80
All other non- residential permitted use lots	5,000	50	100	15	—	25	45	60	75

Residential development linked to commercial development.

(1)

The maximum number, and the timing of the construction and occupancy, of dwelling units permitted in a Mixed Use Neighborhood Center shall be determined by the amount of qualifying commercial development, as defined and limited herein; the total number of residential units to be constructed in a Mixed Use Neighborhood Center shall not exceed 2,500 units;

(2)

"Commercial development," as defined herein, shall mean the gross floor area of a building or buildings, or portions thereof, within the Mixed Use Neighborhood Center used for nonresidential, non-tax-exempt purposes;

(3)

Except as otherwise excluded or limited herein pursuant to Subsection H below, the developer of a Mixed Use Neighborhood Center shall be permitted to develop one dwelling unit for every 200 square feet of qualifying commercial development;

(4)

The total number of dwelling units within a Mixed Use Neighborhood Center shall be determined at the time of the grant of preliminary site approval by the Planning Board based upon the amount of qualifying commercial development approved as part of the same preliminary site plan approval; however, the total number of residential units to be constructed in a Mixed Use Neighborhood Center shall not exceed 2,500 units.

Limitations and exclusions. The amount of commercial development used to determine the maximum number of dwelling units permitted (qualifying commercial development) in a Mixed Use Neighborhood Center pursuant to Subsection G(3) above shall be established based upon the following limitations and exclusions from the total amount of commercial development:

(1)

A minimum of 15% of the amount of qualifying commercial development used for determining the permitted number of dwelling units pursuant to Subsection G(3) above shall be located within mixed use buildings;

(2)

Commercial floor area for a single grocery store/food market up to 50,000 square feet shall be considered qualifying commercial development for the purposes of determining the maximum number of dwelling units permitted in the Mixed Use Neighborhood Center pursuant to Subsection G(3) above. Commercial floor area of such grocery store/food market in excess of 50,000 square feet is permitted, but shall not be considered qualifying commercial development;

(3)

The amount of qualifying commercial development used to determine the maximum number of dwelling units permitted within the Mixed Use Neighborhood Center pursuant to Subsection G(3) above may include up to two ground-level single-use buildings or users of up to 35,000 square feet each. Commercial floor area in each of the two ground-level single-use buildings or users in excess of 35,000 square feet shall be permitted, but shall not be considered qualifying commercial development;

(4)

Except as otherwise provided in Subsection H(2) and (3) above, commercial floor area in excess of 15,000 square feet for any ground-level single user not in a mixed-use building shall be permitted, but excluded as qualifying commercial development in determining the maximum number of dwelling units permitted pursuant to Subsection G(3) above;

(5)

The total amount of qualifying commercial development permitted pursuant to Subsection H(2) and (3) above shall not constitute more than 40% of the total amount of qualifying commercial development used in determining the maximum number of permitted dwelling units pursuant to Subsection G(3) above;

(6)

Additional dwelling units may be added to a Mixed Use Neighborhood Center at a rate of one dwelling unit per 200 square feet of additional qualifying commercial development, subject to the limitations and exclusions of this section and an amended preliminary site plan approval;

(7)

Large retail establishments and other freestanding single user commercial buildings in excess of 15,000 square feet are generally to be discouraged within the interior of Mixed Use Neighborhood Centers. Nothing in this subsection shall prohibit or discourage the development of large retail establishments and other large freestanding single-use commercial buildings in excess of 15,000 square feet along the periphery of Mixed Use Neighborhood Centers, provided such facilities have direct access to either Ocean County Routes 526 (Commodore Boulevard) or 527 (Cedar Swamp Road) and are reasonably connected to the Mixed Use Neighborhood Center, and further provided such commercial development shall not be considered qualifying commercial development unless otherwise provided pursuant to Subsection H(2), (3), or (4) above.

Phasing of residential units to commercial development required. The occupancy of residential units within a Mixed Use Neighborhood Center shall be subject to the following:

(1)

At the time of preliminary approval, the specific commercial development used to determine the total number of permitted residential units (qualifying commercial development) pursuant to Subsection G(3) above shall be clearly identified;

(2)

The issuance of certificates of occupancy (COs) for residential units in the Mixed Use Neighborhood Center shall be based upon the issuance of certificates of approval for the required commercial development in accordance with the following table:

	Certificates of Approval Issued (percent of required commercial space)	Eligible for Certificates of Occupancy (percent of approved units)
	0	35
	25	50
	50	75
	75	90
	100	100

(3)

The main civic space (Village Green) shall be complete prior to the issuance of COs for any residential units in excess of the 500^th approved dwelling unit in the Mixed Use Neighborhood Center.

Affordable housing requirements.

(1)

Every Mixed Use Neighborhood Center, or addition thereto, shall have an affordable housing set-aside requirement as determined by the Township's Housing Element and Fair Share Plan, consent order approved the Court, or in accordance with the developer agreement required as part of preliminary site plan approval;

(2)

Twenty percent of the first 1,365 dwelling units in the initial Mixed Use Neighborhood Center, or 273 shall be low- and moderate-income family rental units. A minimum of 13% of the total number of low- and moderate-income units shall be affordable to households of very low income;

(3)

Additional dwelling units beyond the first 1,365 in the initial Mixed Use Neighborhood Center, dwelling units in additional new Mixed Use Neighborhood Centers beyond the initial, and any expansion of a Mixed Use Neighborhood Center shall provide an affordable housing set-aside of 15% of the total number of dwelling units for rental units and 20% for for-sale units. A minimum of 13% of all low- and moderate-income units shall be affordable by very-low-income households;

(4)

Required affordable units shall be reasonably integrated and dispersed among the market rate rental or sale units in the Mixed Use Neighborhood Center;

(5)

All affordable units within the Mixed Use Neighborhood Center shall be built and operated in accordance with prevailing Council on Affordable Housing (COAH) regulations in effect at the time of preliminary approval and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.);

(6)

An applicant for preliminary site plan approval shall submit for approval as part of the submission for preliminary approval a project affordable housing plan demonstrating compliance with the Township's Housing Element and Fair Share Plan; prevailing COAH regulations, and the Uniform Housing Affordability Controls.

Design and improvement standards. The following design and improvement standards shall apply in a Mixed Use Neighborhood Center, notwithstanding any conflict with the design and improvement standards elsewhere in this chapter:

(1)

Pedestrian ways, road, street and block design standards.

(a)

All streets, alleys and pedestrian pathways shall connect to other streets, and connect to existing and projected streets outside the neighborhood.

(b)

Modular masonry materials, such as brick, slate, stone and concrete pavers, or cast-in-place paving materials, such as poured concrete, and exposed aggregate concrete slabs, shall be used on sidewalks, pedestrian ways, crosswalks, public or semipublic plazas, courtyards and open spaces.

(c)

No block shall have a length greater than 400 feet without an alley or pedestrian pathway providing through access to another street or alley. No block shall have a length of less than 150 feet, measured center line to center line of adjoining streets.

(d)

Curb interruptions are permitted only for alleys, driveways, barrier-free access and other parking access points specified herein.

(e)

A hierarchy of streets shall be utilized, providing for the respective needs of pedestrians, bicycles and automobiles. The street hierarchy and circulation plan developed as part of the approval of a mixed use neighborhood development shall generally follow the classifications, dimensional requirements, and design standards for same set forth in Appendix A[1] or as otherwise provided pursuant to the standards contained in N.J.A.C. 5:21-4.1 through 5:21-4.5, utilizing the cumulative average daily traffic (ADT) for both residential and nonresidential traffic volumes. A bicycle/pedestrian circulation component shall be included as part of the overall circulation plan.

[1]

Editor's Note: Appendix A is on file in the Township offices.

(f)

A Mixed Use Neighborhood Center shall have a minimum of three access roads providing separate ingress and egress on to either Ocean County Route 526 or 527. No parallel parking shall be permitted along any roadway segment ingressing a Mixed Use Neighborhood Center within 100 feet of either Ocean County Route 526 or 527.

(g)

The circulation and roadway plan for the Mixed Use Neighborhood Center shall include, to the maximum extent practicable, provisions to accommodate public transportation, including but not limited to bus stops, transit shelters, bicycle racks, taxi stops, etc.

(2)

General building design standards.

(a)

The first (i.e., closest to sidewalk grade) level residential unit shall be raised a minimum of two feet above average sidewalk grade unless handicap access to such building is required.

(b)

An encroachment of not more than eight feet may be permitted into required front or rear yard setbacks for first floor unenclosed front and rear porches, stoops, stairs, and balconies. Stairs/steps may encroach into the required front yard setback to within 12 inches of the property line. An encroachment of not more than five feet may be permitted into required setbacks for bay windows and cornices, provided the length of the encroachment comprises less than 50% of the length of the facade.

(c)

Building elements, canopies, and marquees, along streets serving predominately mixed residential and nonresidential uses, may extend into required setbacks, provided a minimum 10 feet of vertical clearance is maintained over all pedestrian ways.

(d)

All wall-mounted mechanical, electrical, communication, and service equipment, including, satellite dishes and vent pipes, shall be screened from nearby streets by parapets, walls, fences, landscaping, or other approved measures.

(e)

All rooftop mechanical equipment and other appurtenances shall be screened, to the maximum extent practicable, from the view of all adjoining properties and building floors. The following, when above the roofline, require screening: stair wells, elevator shafts, air-conditioning units, large vents, heat pumps, and mechanical equipment.

(f)

Buildings on corner lots shall be considered significant structures. If deemed appropriate by the approving board, corner buildings may be designed with additional height and architectural treatments, such as towers to emphasize their location.

(g)

Buildings located at gateways to the Village Green or a central mixed use or commercial concentration shall mark the transition to such areas using massing, additional height and/or architectural embellishments to achieve the effect of entry into the Village Green.

(3)

Commercial and mixed use building design standards.

(a)

Commercial buildings shall provide a shop front at sidewalk level along the entire length of its frontage, with the exception of lobbies and building services serving the residential component of mixed-use buildings. The shop front shall be no less than 60% glazed in clear glass and may be shaded by an awning, which may overlap the sidewalk.

(b)

Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor commercial function, which shall be a minimum of 10 feet with a maximum of 25 feet; and the uppermost story of a building, which may not exceed 16 feet. A single floor level exceeding 16 feet, or 25 feet at ground level, shall be counted as two stories. A mezzanine extending beyond 33% of the floor area shall be counted as an additional story.

(c)

Residential uses, except for lobbies, entryways and accessory uses serving the residents of the mixed-use building, such as community rooms and fitness facilities with shop front treatment on the building elevation, are not permitted on the ground floor of mixed-use buildings.

(d)

Restaurants, coffee houses, and other similar uses may utilize a portion of the sidewalk for outdoor dining. A minimum clearance of 60 inches shall be reserved along the outside edge of a sidewalk for pedestrian passage.

(e)

In mixed-use buildings, an architectural distinction shall be made between ground floor commercial uses and upper level commercial or apartment uses. Storefronts and other ground floor entrances shall be accentuated.

(f)

Storefronts are an integral part of a building and shall be integrally designed with the upper floors to be compatible with the overall facade character. Ground floor retail, service, and restaurant uses shall have large display windows. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.

(4)

Residential design standards.

(a)

Townhouse- or other row-type dwellings with the minimum setback shall have the front entry set to one side of the facade to preserve the possibility of retrofitting a ramp for wheelchair access.

(b)

Townhouse-type lots shall have a street screen constructed along the unbuilt parts of the frontage line. A minimum of 25% of the townhouses on any townhouse block shall have front porches. Such front porches may encroach into the front setback and shall not count against lot coverage requirements.

(c)

Townhouse-type lots shall have their rear lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least 10 feet one-way and 16 feet two-way.

(d)

Off-street parking for townhouse-type lots shall be to the rear of the building. Access shall be through a vehicular alley. Nothing herein shall prohibit parking for townhouses on-street, in off-site off-street parking lots or garages located no greater than 250 feet from the lot they are intended to serve.

(e)

Front-loaded garages and side-loaded garages requiring access in the front of the townhouse buildings they are intended to serve are prohibited.

(5)

Civic use, recreation and open space design standards.

(a)

Civic use lands shall include, but not be limited to, parks, squares, greens, plazas, greenways, and civic use lots and buildings. Large area recreational uses such as regional parks and playfields are discouraged and, if included, shall be located only on the periphery of any Mixed Use Neighborhood Center. Lands designated for civic use shall be developable for the intended uses and largely unconstrained from development.

(b)

A minimum of 5% of the gross area of the Mixed Use Neighborhood Center (excluding greenways, regional parks, playfields, environmentally constrained lands, and stormwater management facilities) or five acres (whichever is greater) shall be allocated to civic use lands. A range of civic use lands, including parks, squares, and playgrounds, shall be distributed within residential neighborhoods and areas of nonresidential and mixed use.

(c)

Each Mixed Use Neighborhood Center shall contain at least one main civic space (Village Green), to function as a focal point for civic activities, no less than 40,000 square feet and no greater than 140,000 square feet in contiguous area. No single square or park shall be more than 30% of the required civic use lands.

(d)

The remaining required civic use lands, other than the main civic space(s), shall be divided into lesser tracts and distributed such that no part of the developed Mixed Use Neighborhood Center is further than 1,200 feet from a park or square.

(e)

The Village Green, plazas, and squares shall have at least 50% of their perimeter abutting public or semipublic lands or streets.

(6)

Parking and loading design standards. The following standards shall supplement the standards set forth in §§ 244-196, 244-197 and 244-198, and in the event the standards of this subsection shall conflict, the provisions of this subsection shall supersede:

(a)

Vehicle access to a lot shall be from the rear of the property, a secondary street or alleyway wherever practical;

(b)

Shared access drives shall be required except where shared access is not available or practical, and further provided that access drives shall be provided alongside property lines to facilitate and provide shared access to adjacent properties in the event of future development;

(c)

On-street parking shall be permitted in Mixed Use Neighborhood Centers in accordance with the approved street hierarchy and circulation plan and the street design standards in Appendix A[2];

[2]

Editor's Note: Appendix A is on file in the Township offices.

(d)

"Parking space," within a Mixed Use Neighborhood Center, shall mean a storage area for the parking of a motor vehicle;

(e)

Parking areas shall be interconnected, wherever practical, by cross-access drives which promote fluid access to parking areas on adjoining properties;

(f)

Wherever practical, each lot shall provide cross-access easements for its parking areas and access drives guaranteeing access to adjacent lots. Interconnections shall be strategically placed and easily identifiable to ensure safe and convenient traffic flow between parking areas. In the event a property is proposed for development, provisions for cross-access drives shall be established with appropriate easements to facilitate interconnections as adjacent properties develop;

(g)

With the exception of properties fronting on, and with direct access to, Ocean County Routes 526 or 527, parking shall be located on-street, in public parking areas, or in designated parking areas to the rear of buildings, wherever practical. All parking areas shall be adequately screened and landscaped per Subsection K(6)(o) below;

(h)

With the exception of properties fronting on, and with direct access to, County Routes 526 or 527, parking shall not be located between the street right-of-way and the front facade of buildings;

(i)

Provision of safe pedestrian access to and through parking lots and connections to other pedestrian links shall be required, including striping, enhanced pavement markings, lighting and traffic calming features;

(j)

Parking structures (garages) shall be visually screened from all rights-of-way, public open space areas, and residential uses. Such screening shall include a liner building for a minimum of the first floor. Screening of upper floors may include landscaping, walls, liner buildings, other architectural elements or decorative features;

(k)

Principal use parking structures shall be architecturally integrated into surrounding development consistent with the overall design and character of the immediate neighborhood within which it is situated;

(l)

Shared parking shall be encouraged. Nothing herein shall prohibit the reservation of a limited number of parking spaces for particular residential or nonresidential users or the restriction of the hours of certain parking spaces for particular residential or nonresidential users;

(m)

Each application involving nonresidential development in excess of 5,000 square feet shall submit a parking study to support the proposed on-street and off-street parking required to accommodate the development proposed. The parking study shall contain, as a minimum, the following:

[1]

A projection of peak parking demand utilizing the methodology and factors provided in the most current edition of the report entitled "Parking Generation," an information report published by the Institute of Transportation Engineers (ITE). In calculating peak parking demand, an applicant may exclude nonresidential space within liner buildings with perpendicular depth of 30 feet or less and individual retail users with unshared street access of 500 square feet or less;

[2]

A calculation of the number of parking spaces needed by expanding the peak parking demand by 10% to assure a reasonable number of vacant parking spaces to permit adequate turnover of parking spaces;

[3]

An identification of how the proposed parking is to remain available to future occupants and users;

[4]

The required number of parking spaces may be reduced by up to 100% in the event of one, or a combination of, the following:

[a]

The proposed use is within 400 feet of an available parking facility;

[b]

Sufficient on-street parking is available within a fifty-foot radius of the property;

[c]

Nonresidential space within liner buildings with perpendicular depth of 30 feet or less and individual retail uses of 500 square feet or less with direct street access shall have no parking requirement; and

[d]

The shared parking analysis in accordance with Subsection K(6)(m)[5] below substantiates a reduction.

[5]

If shared parking is proposed, the applicant shall submit a shared parking study documenting how adequate parking is to be provided and maintained to satisfy the identified parking demands. The study shall be prepared in accordance with the procedures and methodology set forth in the most current edition of a report entitled "Shared Parking," published by the Urban Land Institute, or the most current shared parking methodology published by either the Urban Land Institute or the Institute of Transportation Engineers. The shared parking study may also adjust projected parking demand based upon an analysis of captured parking utilizing the procedures provided in the most current edition of the publication entitled "Trip Generation Handbook," prepared by the Institute of Transportation Engineers. The captured and shared parking study shall include, as a minimum, the following:

[a]

A calculation of the projected peak parking demand for each use that will be sharing available parking supply;

[b]

A calculation of the extent to which parking demand is to be mitigated on site as a result of trips captured from adjoining land uses and therefore occurring without the use of a vehicle;

[c]

A calculation of the peak parking demand for the proposed development utilizing shared parking procedures;

[d]

An expansion of the peak parking demand by 10% to assure an adequate number of spaces for the turnover of parking spaces;

[e]

A determination of the number of on-site parking spaces to be provided; and

[f]

A determination of the number of on-street parking spaces that are available to the proposed development in accordance with the standards of this section.

(n)

The following minimum parking area setback requirements shall be provided:

[1]

Minimum setback from right-of-way: 10 feet;

[2]

Minimum setback from residential use side property line: 20 feet;

[3]

Minimum setback from nonresidential use side property line: five feet;

[4]

Minimum setback from Ocean County Route 526 and Route 527: 30 feet; and

[5]

Parking lot setbacks for lots having five or fewer spaces shall be subject to Planning Board approval.

(o)

Parking lot layout, landscaping, buffering and screening shall be provided to minimize direct view of vehicles from streets, and sidewalks, avoid spillover light, glare, or noise onto adjoining properties and provide shading upon tree maturity.

[1]

Parking lots exposed to views from streets and sidewalks shall be screened by a minimum four-foot high, four-season landscape hedge or screen or three-foot-high wall. Such screen, hedge or wall shall not obstruct the visibility of pedestrians or motor vehicles.

[2]

All surface parking lots of 20 spaces or more shall provide shade trees, with a caliper of a minimum of 2.5 inches, at a rate of one shade tree per 10 spaces.

[3]

Surface parking lots shall incorporate landscaping strips to separate parking rows wherever practical.

(p)

Loading area and loading area operational requirements shall be subject to Planning Board approval and, as a minimum, include the following:

[1]

No delivery, loading, trash removal or compaction or other such operations shall be permitted between the hours of 9:00 p.m. and 6:00 a.m. unless an applicant shall provide evidence that barriers to sound are to be provided to effectively limit noise levels to 45 dBA or less as measured at any adjoining property line.

[2]

Service and loading areas shall be located at the rear of buildings. Loading docks shall not be located along primary street frontages.

[3]

Screening and landscaping shall be required to minimize direct views of loading areas from adjacent properties or public rights-of-way. Screening and buffering shall be provided via walls, fences and landscaping. Building recesses and depressed ramps may be used as screening measures.

(q)

Lighting standards - building exterior and street.

[1]

All building exterior and street lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways shall be clearly marked and well lighted for security and identification without significant negative spillover to adjacent properties. The height of lighting fixtures shall be a maximum of 16 feet for parking areas and drives and 12 feet for pedestrian walkways.

[2]

Streetlights and alley lights shall be decorative and match or compliment the overall architectural style of the Mixed Use Neighborhood Center of the immediate neighborhood of which it is a part.

[3]

Decorative street lights, a maximum of 12 feet in height, shall be provided at regular intervals along all nonresidential and mixed use streets, parking areas, sidewalks, walkways, courtyards, civic use areas, and interior open space areas. Street lighting on residential streets shall be spaced no greater than 150 feet apart per side and located at all intersections.

[4]

The use of minimum wattage metal-halide or color-corrected sodium or mercury vapor light sources is encouraged. The use of lower wattage streetlights, more closely spaced, rather than higher wattage street lighting, more widely spaced, shall be encouraged. Noncolor-corrected low-pressure sodium lighting is prohibited.

[5]

For alleyways and pedestrian walkways between buildings, lighted bollards shall be strongly encouraged.

[6]

Light fixtures attached to the exterior of buildings shall be architecturally compatible with the style, materials, colors, and details of the building.

[7]

The color spectrum and character of the light produced by the lighting used should be consistent and compatible throughout the Mixed Use Neighborhood Center, including the exterior of lighted buildings, streets, signs, parking areas, pedestrian walkways, and other areas. Residential side shielding shall be provided where abutting residential uses. The use of low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, shall be prohibited.

[8]

Building facades shall be lighted from the exterior, and in general, the light source should be concealed through shielding or recessed behind architectural features. Mounting brackets and associated hardware should be inconspicuous.

[9]

Porch and yard post lighting is encouraged to augment and complement street lighting design.

[10]

Garages along streets or alleys shall provide building-mounted lighting facing the alley or street, unless streetlights are provided along the street or alley.

(7)

Sign design standards.

(a)

Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.

(b)

Building-mounted signs shall be located in architecturally appropriate sign bands or other similar facade features, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade. Whenever possible, signs located on buildings within the same block shall be placed at the same height in order to create a unified sign band. Signs shall be mounted so that the method of installation is concealed.

(c)

Wood and metal, painted with a durable high-quality finish, are the preferred materials for signs. Flat signs should be framed with raised edges. Wood signs shall be fabricated from high-quality exterior grade wood with suitable grade finishes. Sign colors should be compatible with the colors of the building facade.

(d)

Signs mounted perpendicular to, and projecting from, a building wall of a mixed-use or commercial building shall be permitted, provided the following standards are met: the signboard does not exceed six square feet; a minimum of 10 feet of vertical clearance is provided from the ground or sidewalk to the lower edge of the signboard; the top of the signboard shall not extend above the height of the first floor of the building; the maximum distance from the building to the signboard shall not exceed six inches nor shall the signboard extend more than four feet from the building; the height of the lettering, numbers or graphics on the signboard shall not exceed eight inches; there shall be a limit of one projecting, perpendicularly mounted signboard per business and shall not be used in conjunction with wall-mounted or freestanding signs.

(e)

Painted glass window and door signs shall be permitted subject to the following standards:

[1]

The painted sign area shall not exceed the lesser of 10% of the window or door glass or four square feet;

[2]

The sign shall be hand or silk screen painted;

[3]

The height of the lettering shall not exceed four inches;

[4]

There shall be one painted window or door sign per business; and

[5]

A painted window or door sign may be used in conjunction with one additional sign from the following: a wall-mounted sign, an applied letter sign, a projecting sign or an awning sign.

(f)

Awning signs for first floor businesses shall be permitted, subject to the following standards:

[1]

If the awning sign is the primary sign, it shall not exceed 10 square feet and shall not be in addition to a wall-mounted sign, and lettering height shall be no greater than nine inches;

[2]

If the awning sign is a secondary sign, lettering shall be located on the valance only, and lettering height shall be limited to six inches or less; and

[3]

No business shall have more than one awning sign.

(g)

Businesses located in corner buildings are permitted signage as permitted by this subsection on both street frontages.

(h)

Signs shall be either spotlit or backlit with a diffused light source. Spotlighting shall require complete shielding of all light sources. Light shall not significantly spill over to other portions of the building or site. Backlighting shall illuminate the letters, characters, or graphics on the sign. Warm fluorescent bulbs may be used to illuminate the interior of display windows. Neon signs placed inside the display windows shall ensure low-intensity colors.

(i)

Temporary civic, cultural, and public service window posters, promotional or other special event (e.g., sale) inside of first floor commercial uses, shall be permitted, provided they do not individually or in the aggregate exceed the lesser of 25% of the total area of the window or six square feet and any such sign shall not be posted for more than 90 days.

(8)

Refuse and recycling design standards.

(a)

Shared refuse and recycling facilities shall be utilized wherever available or practical.

(b)

The storage of refuse and recyclables shall be provided inside of buildings or within an outdoor area in the rear of the property, screened around the perimeter by wood enclosures with a roof or by brick/masonry walls with cap, with a minimum height of seven feet on three sides, and door or gate on the remaining side which visually screens the inside of the storage area.

(c)

A minimum five-foot-wide landscape area shall be provided along the walls of the outdoor storage enclosure.

(9)

Fence and wall design standards.

(a)

Fencing shall be constructed of vinyl, masonry, aluminum, wrought iron or combinations thereof;

(b)

No fencing located in any front yard area between the front building line and street line shall exceed three feet in height nor contain any solid section or component, except for masonry pillars/columns. Such masonry pillars/columns shall not exceed 18 inches in width and shall maintain a minimum of six feet between any such pillars/columns, excepting pillars/columns forming walkways or gates.

(c)

Solid masonry walls, not to exceed six feet in height, may be utilized for screening purposes in side and rear yard areas.

(10)

Landscaping and buffer design standards.

(a)

Notwithstanding the provisions of § 244-193B and C, the Planning Board may approve reduced buffers consistent with the overall concept of the Mixed Use Neighborhood Centers to provide more compact mixed-use development. This may include the elimination or reduction of buffers and screening separating residential and nonresidential uses, where appropriate, as determined by the Board.

(b)

In addition to the street tree species permitted pursuant to § 244-193A(2)(b), the following may also be utilized within a Mixed Use Neighborhood Center:

[1]

London plane (Platanus acerifolia).

[2]

American sycamore (Platanus occidentalis).

[3]

Swamp white oak (Quercus bicolor).

[4]

American hornbeam (Carpinus caroliniana).

(c)

Notwithstanding the provisions of § 244-193, street trees within a Mixed Use Neighborhood Center may be planted between the curb and sidewalk in locations and spaced in accordance with the design standards for the respective street types set forth in Appendix A[3]. Street trees planted between the curb and sidewalk shall also meet the species and planting strip/grate sizing requirements set forth in the most current edition of the publication entitled "Trees for New Jersey Streets," prepared by the Shade Tree Federation of New Jersey.

[3]

Editor's Note: Appendix A is on file in the Township offices.