[Added 12-22-2016 by Ord. No. 2016-09[1]]
[1]
Editor's Note: By Ord. No. 2017-08, adopted 7-27-2017, "Planning
Board" was changed to "Land Use Board" throughout this article.
A.
The purpose of the PD District is to encourage the development of
certain large vacant tracts of land which are located close to state
highways and existing development, which are either reasonably close
to existing water and sewer service areas or are potentially suitable
for on-site sewage disposal systems, and, at the same time, to provide
a realistic opportunity for affordable housing to be constructed in
accordance with the guidelines set forth in the Fair Housing Act,
N.J.S.A. 52:27D-301 et seq. (Act), and regulations N.J.A.C. 5:91-1
et seq., and 5:93-1 et seq., and which development is shown on a Concept
Plan, attached to this ordinance and made a part hereof as Exhibit
B,[1] which envisions the development of 260 dwelling units,
including five estate houses. Special standards and procedures applicable
to this district only are set forth in this article to expedite the
production of affordable housing.
[1]
Editor's Note: Exhibit B is on file in the Township offices.
B.
Recognizing that the provision of affordable housing, which is to be produced from among the 150 multifamily apartments intended to be developed, requires the elimination of provisions that are cost-generating to a developer of affordable housing and thereby inhibit its production, the Land Use Board shall process, review, and adjudicate the development applications for the property consistent with the direction of N.J.A.C. 5:93-10 et seq., which requires the municipal board to expedite review and adjudication of the application, remove unnecessary cost-generating features, and cooperate in granting reasonable variances, waivers, and exceptions. Neither the Scenic Corridor Ordinance, § 550-44, nor the Steep Slope Ordinance, § 550-109, shall apply to property in this district. Any provisions of this or any other municipal ordinance, regulation, or law, now existing and/or hereafter adopted, which are in conflict with this article, and which impose restrictions or limitations inconsistent with those of this district, shall be inapplicable to this district.
C.
Settlement Concept Plan. The Township and the property owner have
entered into a settlement agreement (agreement) which permits the
developer to submit, at its sole discretion, an application for a
general development plan (GDP), as defined in the Municipal Land Use
Law (see N.J.S.A. 40:55D-45.1 et seq.), and which permits subsequent
development applications seeking preliminary and final site plan approvals
and preliminary and final subdivision approvals. The Concept Plan,
Exhibit B,[2] is presented for illustrative purposes; does not reflect
detailed engineering or layout/design of the development on the site;
and does not account for conditions or elements that may be imposed
by other governmental agencies with jurisdiction over the development
of the property, including but not limited to County of Sussex authorities,
the New Jersey Department of Environmental Protection, or the New
Jersey Department of Transportation. The Concept Plan provides for
development of up to 260 dwelling units, consisting of up to 150 multifamily
apartment units; 44 townhouses, or single-family houses under an overlay
zone of that townhouse area consistent with single-family standards
set forth in this District; and 66 single-family houses, which include
up to five large single-family lots. The agreement also provides that
development of the property will yield 29 units of affordable housing.
Of the 29 units, a minimum of 24 multifamily apartment units shall
be built on the property and shall be affordable to low- and moderate-income
households. The developer, in its sole discretion, may also choose
to construct on site five additional multifamily apartment units that
are restricted to households of low and moderate income, or it may
provide five units off site in a group home for developmentally disabled
individuals, where one credit of affordable housing is obtained for
every bedroom in the home constructed offsite. In addition, the property
shall be zoned for the development of at least 20,000 square feet
of commercial, retail and/or office space. This nonresidential space
is contemplated to be located in the area of the property abutting
Route 94, and it may be located in the same building or buildings
as some of the residential units and such mixed-use buildings are
permitted. The nonresidential uses may exceed 20,000 square feet and
may be contained in several independent structures. The townhouses
may be proposed as shown on Exhibit B with the exception that the
townhouses may include internal or attached garages, provided they
are not "snout" designs and do not extend more than five feet in front
of the remainder of the front of the townhouse.
[2]
Editor's Note: Exhibit B is on file in the Township offices.
D.
While the standards of this article and Zoning Ordinance are designed
to minimize the number and extent of variances, exceptions, and/or
waivers associated with the developer's applications for the proposed
dwelling units and nonresidential development set forth above, and
the applicant shall, to the maximum extent practical, prepare an application
and plans which do not require any variances, waivers, or exceptions,
the parties recognize that upon development of a fully engineered
set of plans, complete for submission to the municipal board, such
applications may include variances, waivers, and exceptions, as allowed
by law under the Municipal Land Use Law (MLUL). It is also understood
by the parties that the Board shall have the authority to take any
action authorized by law in connection with the application, variances,
waivers, and exceptions. It is the intent of the governing body that
the development of the property, as described above, accords with
the number, type, and variety of dwelling units and nonresidential
development contemplated for the property; that the above-contemplated
development promotes the public health, safety, general welfare, and
public good, and Fredon's zone plan.
A.
The applicant shall submit all plans and documents to the Land Use
Board for review and approval, as required by the Township Site Plan
Review Ordinance.[1] The Land Use Board shall distribute the plans to those
municipal departments which normally review development plans. The
failure of the municipal agencies to submit a report to the Land Use
Board shall not extend the time for review and action by the Land
Use Board. All reviews by municipal boards, officials, and entities
shall be consistent with the provisions of N.J.A.C. 5:93-10 et seq.,
and such reviews will be designed to expedite review; remove cost-generating
standards; and cooperate reasonably to grant variances, waivers, and
exceptions, as they may be requested to implement the development
contemplated by the agreement and generally illustrated in the Concept
Plan, and not withstanding any deviations recognized during the design
process to implement the intent of the Concept Plan.
B.
The technical advisors to the Land Use Board shall review the complete
application for technical compliance and shall convey comments directly
to the applicant's advisers at least five business days in advance
of the public hearing so that, at the time of the public hearing,
the applicant will have had sufficient opportunity to resolve any
technical problems associated with the submission.
C.
The Land Use Board shall conduct a public hearing within the time
prescribed by the MLUL on the application, with provision made for
expedited review and adjudication in accord with N.J.A.C. 5:93-10.
The Land Use Board shall act on the development applications for preliminary
and/or final approvals, and applications made for subdivision approval(s),
within the times set forth in the MLUL. Should a subsequent final
approval be sought, action on the final plan shall be taken by the
Board within the number of days of the complete application, as required
in the MLUL or such extensions consented to by the applicant.
D.
The development plans submitted shall contain the information required in Chapter 424, Site Plan Review, of the Fredon Code, except that the applicant will be exempted from any requirements to submit environmental statements as directed by Article V of Chapter 424. The applicant may request waivers of any other requirements for submission, subject to review and the granting of such waiver requests under applicable law by the municipal board, and such waivers shall be granted in the normal course.
Planned developments include the following uses:
A.
Permitted uses:
(1)
Single-family residential dwellings.
(2)
Garden apartments.
(3)
Townhouses.
(4)
Assisted-living or continuing-care facilities.
(5)
Community residences for the developmentally disabled and community
shelters for victims of domestic violence, subject to the standards
for detached single-family residential dwellings.
(6)
Public or private schools and day-care facilities.
(7)
Office and/or retail sales and services in the area east of
State Route 94; office and/or retail sales and services and the same
mixed-use buildings with housing units in the area shown for commercial
buildings in the area east of State Route 94. The office and retail
uses may include the following:
(a)
Retail stores.
(b)
Personal-service establishments.
(c)
Banks.
(d)
Post offices.
(e)
Restaurants/takeout restaurants.
(f)
Instructional studio spaces, including dance, artist, martial
arts, music, and related studios.
(g)
Museums, art galleries, and libraries.
(h)
Child-care facilities under N.J.S.A. 40:55D-66.6.
(i)
Adult day-care facilities.
(j)
Professional, financial, and medical offices in a single-use
or mixed-use building.
(k)
Health, fitness and physical therapy facilities.
(l)
Self-storage facilities.
|
Development of nonresidential uses may not impede, diminish,
or be at the expense of development of the contemplated up to 150
apartment units, including the 29 units of affordable housing.
|
B.
Accessory uses and structures:
(1)
Garages and off-street parking facilities.
(2)
Public or private parks and playgrounds.
(3)
Public or private recreation buildings and facilities.
(4)
Storage and maintenance buildings.
(5)
Customary accessory structures approved as part of the site
plan for the development, including fences, walls, lampposts, trellises,
and other similar structures.
(8)
Water, sewer, and other infrastructure-related structures and
elements, including but not limited to roads, towers, pipes, basins,
customary and incidental to the provision of utility services.
D.
Accessory uses may include:
(2)
Outdoor cafes associated with it on the same lot as indoor eating facilities such as coffee shops, restaurants, ice cream parlors, bakeries and cafes. Outdoor cafes shall be designed in accord with § 550-39.
(5)
Other accessory buildings or uses customarily incidental to
the principal permitted uses as defined within this zone district.
A.
Development requirements.
(1)
Development in the district may be served by public water and
sewage systems, where available, but may be served by on-site water
and/or sewer treatment facilities. Single-family detached residences
on individual lot of 1.5 acres or larger need not be served by these
water and sewage facilities. The development shall have a common architectural
and design theme throughout the multifamily apartment structures.
(2)
In recognition that the Concept Plan has not yet been fully
engineered or designed, the development shall endeavor to provide
for pedestrian passive recreational trails along Paulins Kill and
for pocket parks along pedestrian trails, in order to provide active
and passive recreational opportunities for the residents of the development,
with the intent to connect to future and existing walkways and parks
and open space in the proposed residential and nonresidential development.
The trails, their design, and their linkage to other sites within
the development shall be guided by the Township's Master Plan.
B.
Development areas, density and coverage.
(1)
The areas of development shall be substantially consistent with
the Concept Plan, with recognition that the Concept Plan has not been
fully engineered and designed and may be subject to conditions and
elements as a result of further engineering, design and review by
other agencies and entities with jurisdiction over the development.
Notwithstanding such further engineering, design, and review, residential
development of the property, as depicted on the Concept Plan, shall
not exceed 260 dwelling units, consisting of no more than 150 apartment
units, 66 single-family dwelling units which may include up to five
single-family large lots, and either 44 townhouses, or single-family
dwelling units in the area designated for such townhouses. The maximum
coverage by buildings for the entire property shall not exceed 25%.
The maximum coverage for the entire property by all impervious surfaces,
including buildings, shall not exceed 50%.
(2)
Bulk requirements: apartments.
(a)
There shall be the following minimum distances between buildings
containing apartments. The Land Use Board may reduce the below distances
by not more than 1/3 if there is an angle of 20° or more between
buildings and sufficient landscaping or buffers are placed between
buildings.
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Window wall to window wall: 20 feet.
[3]
Window wall to windowless wall: 20 feet.
[5]
Rear to rear: 30 feet.
[6]
End to end: 30 feet.
[7]
Any building face, except garage face to common
parking area or street: 12 feet.
[8]
Garage face to common parking area: five feet.
(b)
Buffer areas. The building or associated parking area(s) shall
be located within 30 feet of any tract boundary line.
(c)
Building height.
[1]
No building shall exceed 35 feet in height and
2 1/2 stories, except that:
[a]
A minority of buildings containing multifamily
units, excluding townhouses, may be three stories;
[b]
Multifamily units, excluding townhouses, shall
not exceed 40 feet in height, (i.e., the vertical distance from the
finished grade plane to the average height of the highest roof surface,
with the average height to be determined by adding the heights of
the highest roof surface at its lowest point and its highest point
and dividing by two), excluding chimneys, parapets, cupolas, and the
like, which may be no higher than four feet from the highest point
on the roof of the building;
[c]
No commercial building shall exceed 40 feet in
height; and
[d]
For a water tower to be located in the southeast
corner of the property, accessible by road, whose height shall be
permitted to an elevation above ground demonstrated to be necessary
to adequately serve water and fire protection for the development
of the property via a gravity force-fed system.
[2]
No other provisions in the Fredon Code, whether
or not respecting height of building, shall apply to alter this standard
for building height.
(3)
Bulk requirements: townhouses.
(a)
Front yard setback: minimum 20 feet.
(b)
Rear yard setback: minimum three feet.
(c)
Units per building: maximum eight units.
(d)
Side of building to side of building: minimum 20 feet.
(e)
Side by side setback differential for abutting units within
building: minimum two feet.
(f)
Side yard: minimum five feet.
(4)
Bulk requirements: single-family residential dwellings.
(a)
Lot area. No individual lot shall contain less than 8,400 square
feet or have a lot width of less than 70 feet and a lot depth of less
than 120 feet.
(c)
Where individual lots are not being subdivided, yards shall
be created for each building such that a subdivision could occur and
all lots and buildings would conform to the area setback requirements
set forth in this section.
(d)
Corner lots/yards: a corner lot's bulk requirements, relative
to lot width, lot depth, and/or front yard setback, may be reduced
by up to 20% without need of variance relief.
(6)
Maximum building coverage: 30%.
(7)
Maximum impervious lot coverage: 45%.
A.
Parking shall be provided for all residential uses in accord with
the Residential Site Improvement Standards (RSIS). Parking for nonresidential
users shall be in accord with applicable municipal ordinances as noted
within this chapter.
B.
Parking spaces in common parking areas for multifamily residential
development shall be located within 250 feet of the dwelling units
served.
C.
All required parking for multifamily dwelling units shall be provided
off street, except that nothing in this article shall be construed
to prohibit required parking spaces from being placed perpendicular
to a one- or a two-way local street, or at an angle on a one-way local
street, provided that both the pavement width of the street and the
length of each parking space meet the requirements set forth in the
RSIS.
D.
No arterial or intertract collector street shall provide direct access
to an individual required parking space for a multifamily dwelling
unit.
A.
Intent. The intent of this article is to create a realistic opportunity
for the development of the property in order to yield 29 affordable
rental housing units available to the region's low- and moderate-income
households, under relevant affordable housing laws. Fractions between
0.0 and 0.499 shall be rounded down. Fractions between 0.5 and 0.999
shall be rounded up.
B.
On-site construction. At least 24 (but up to 29) affordable housing
units shall be built on the property. All on-site affordable housing
units shall be built within, and dispersed throughout, the intended
150 multifamily apartment units on the property. Bedroom distribution
of affordable units constructed on site shall be in accord with the
provisions of N.J.A.C. 5:93-7.3. The design and exterior of affordable
housing units shall be comparable to market units and shall be located
to have access to the property comparable to that of market units.
C.
Off-site creation of affordable housing. Up to five affordable housing
units may be created off site as a group home for the developmentally
disabled, with each bedroom in such a structure counting as a unit
of credit of affordable housing, in accord with N.J.A.C. 5:93-5.8.
Such off-site development shall be at the sole discretion of the developer.
D.
Construction and phasing. The 29 affordable housing units shall be
completed consistent with the phasing requirements of N.J.A.C. 5:93-5.6(d)
measured with respect to development of the multifamily apartment
units.
E.
Construction, marketing, pricing, occupancy, length of price restriction,
etc. All affordable units shall be constructed, affirmatively marketed,
priced, occupied, and restricted in pricing in compliance with the
Uniform Housing Affordability Code regulations, N.J.A.C. 5:80-1 et
seq. (UHAC).
F.
Definition of affordability. Housing and income limits in relation
to housing unit size and household size shall be in accord with the
provisions UHAC and N.J.A.C. 5:93-7.4, and their distribution according
to income strata shall be in accord with applicable affordable housing
laws.
G.
Waiver of fees. Notwithstanding any other requirement of the Township,
the following fees shall be waived for every unit designated as affordable
housing and only for those units designated as affordable housing:
(1)
Subdivision and site plan application fees applicable to affordable
housing units;
(2)
Building permit fees, except state and third-party fees, applicable
to affordable housing units;
(3)
Certificate of occupancy fees applicable to affordable housing
units. The Township shall not oppose an application to the Board of
Public Utility Commissioners for waiver of water connection fees or
to the applicable municipal utilities authority for sewer connection
fees, for affordable housing units.
A.
Any portion of the property on the northwesterly side of New Jersey
State Route 94 not used for lots for single-family residential dwelling
units or for townhouse development, and excluding areas for roads,
sidewalks serving adjacent residential units or commercial buildings,
utilities, environmentally sensitive areas, and other elements customary
and incidental to residential development, may, at the developer's
discretion, be designated as a public use area, open space, recreation,
and/or other common open space. The common open space area shall exclude
private patios and yards and any area located between a building and
street. In recognition that the Concept Plan has not yet been fully
engineered or designed, the development shall endeavor to provide
common open space in the vicinity of the buildings developed as multifamily
apartments; however, common open space area shall exclude common parking
areas. Open space in the southeast corner of the property may be developed
for recreational uses and facilities.
B.
All property owners and tenants in the development shall have the
right to use the common open space and any recreational facilities
located on the site.
C.
Common open space may be deeded to the Township if accepted by the
governing body.
D.
All common open space not accepted by the municipality and all common
elements in the development may be deeded to an open space organization
established to own and maintain the common elements as provided in
N.J.S.A. 40:55D-43. In such event, the open space organization documents
shall be submitted to the Land Use Board attorney for review and approval.
Drainage, lighting, and road construction standards shall be
governed by those set forth in the Residential Site Improvement Standards
(RSIS), subject to the elimination of cost-generating requirements,
as directed by N.J.A.C. 5:93-10 et seq.
A.
No building or group of attached buildings shall contain more than
24 dwelling units.
B.
No building shall exceed a length of 250 feet.
C.
No room within a dwelling unit intended for human habitation shall
be located in a cellar, basement, or attic, except that a cellar or
basement may contain a family room or recreation room.
D.
Accessory buildings shall meet the property line setbacks of the
principal buildings.
E.
The maximum height of an accessory building shall be 16 feet, except
that recreational buildings and facilities shall be governed by the
height limitations for principal buildings.
F.
Garages may be built into the principal structure or separately constructed
as hereafter provided. Each garage space shall be at least 10 feet
wide and 20 feet in depth. Each group of attached garages shall have
a joint capacity not more than 12 automobiles arranged in a row, and
there shall be a minimum distance of 10 feet between structures.
G.
Exterior satellite and/or television antennas shall be limited to
one master antenna per building, where the building does not have
a flat roofline.
H.
Laundry facilities may be provided in each building.
I.
Screening and fencing shall be provided as needed to shield parking
areas and other common facilities from the view of adjoining properties
and streets.
J.
Provisions shall be made for the preservation of existing trees and
natural features to the extent possible. All disturbed areas shall
be landscaped. Landscaping shall be provided as follows:
(1)
Shade trees shall be planted along all streets and in the common
parking areas. Such trees shall be 1 1/2 to two inches in caliper
at the time of planting and shall be planted a minimum of 50 feet
on center along both sides of all streets in common parking areas.
The Land Use Board shall approve the choice of planting and may rely
upon recommendations of a municipal shade tree commission.
(2)
Common areas and yards shall be planted with one conifer, six
to eight feet high at the time of planting, for each dwelling unit;
one deciduous tree, 1 1/2 to two inches in caliper, for every
two dwelling units; and 10 shrubs, 15 to 18 inches high at time of
planting, for each dwelling unit.
(3)
Buffer areas shall be left in a natural state wherever they
are outside the limits of disturbance. Otherwise, buffer areas shall
be planted with mixed conifers, six to eight feet in height at time
of planting, and planted eight feet on center.
(4)
All disturbed areas shall be planted in grass or ground cover.
(5)
All plantings shall be of nursery stock, balled and burlapped,
and shall be healthy, free of disease, and guaranteed for two years.
