[Added 7-14-64; Amended 3-23-81 by Ord. No.
81-338; 4-11-88 by Ord. No. 88-918]
Unless specifically excluded in this section, the following
regulations shall apply to all HC-3 Districts.
A.
Food and food service establishments, including supermarkets, bakeries,
candy and nut shops, specialty foods, restaurants, sandwich shops
and snack bars.
B.
Clothing and apparel establishments, including department stores,
junior department stores, variety stores, ladies' wear, hosiery millinery,
children's wear, shoe stores, fur stores and men's wear.
C.
Furniture and home furnishings, including establishments selling
furniture, lamps, appliances, floor coverings, china and glassware,
paint and wallpaper, garden shops and hardware.
D.
Offices, including banks, savings and loan, finance companies, insurance,
brokerage, medical and dental, legal, accounting, architectural, engineering,
insurance and general.
E.
Personal service and other retail establishments, including beauty
shops, barbershops, watch repair, dry cleaning, travel agents, music
and record shops, book and stationery stores, wine stores, card and
gift shops, camera shops and similar types of stores.
F.
Fast food restaurants where the exclusive means of entry to the premises
is through an interior mall, corridor or passageway shared as the
common access to premises in the shopping center occupied by other
tenants.
G.
Mechanical amusement devices and mechanical amusement facilities as described in Chapter 135 of the Code of the Township of East Brunswick provided there are no more than three in number in any one establishment.
H.
Notwithstanding the subparagraphs of this section setting forth permitted
uses in this zone, permitted uses are subject to the conditional use
permit requirements of § 288-176, where applicable.
A.
Outside storage uses normally associated with the business of any
tenant or the shopping center, provided that these areas are fenced
and screened from adjacent business and residence districts by a dense
evergreen hedge, masonry wall or a suitable tight woven fence, not
less than six (6') feet in height.
B.
The parking of tractor trailers in shopping center parking lots for
the collection of aluminum to be recycled.
[Added 11-14-83 by Ord. No. 83-543]
[Amended 4-14-93 by Ord. No. 93-12; amended 5-10-93 by Ord. No. 93-19]
A.
Attached and freestanding fast-food
restaurants based upon the following standards:
(1)
Minimum lot size shall be 40,000 square feet.
(2)
Building coverage shall be no greater than 10% of the lot area
for freestanding restaurants.
(3)
Parking shall be provided at a rate of 1 space for every two
seats plus 10 additional spaces for employees.
(4)
Indoor seating for patrons shall be provided. Indoor public
seating areas shall be a minimum of one-third of the building area.
(5)
No other tenants shall be permitted in the freestanding building.
(6)
The side and rear yards shall be screened with a solid masonry
wall or board-on-board fence at the Board's discretion, a minimum
of six (6) feet in height.
(7)
All season planted buffer strips ten feet in width shall be
provided along the side and rear property lines. Where the property
abuts a residence or residential zone these buffers shall be increased
to twenty-five (25) feet in width. In areas with existing space constraints,
the board may reduce the width of the buffer if additional plantings,
berms, plants of greater height or other mitigating factors are required
instead.
(8)
The applicant shall submit traffic and circulation studies to
establish the nature and extent of the anticipated customer volume
and that such volume can be accommodated at the location without substantial
adverse impact.
B.
Mechanical or electrical amusement devices as an accessory use and mechanical or electrical amusement facilities as described in Chapter 135 of the Code of the Township of East Brunswick, where there are four or more such mechanical or electrical amusement devices upon the issuance of a conditional use permit based upon the following standards:
[Added 5-10-82 by Ord. No. 82-457]
1.
No place shall be located within 500 feet of a residence or residential
zone, regardless of whether or not such zone is actually developed
for residences, which distance shall be measured along a straight
line from the nearest boundary line of the lot on which the proposed
use is to be located and the nearest point of the residence or residential
zone.
2.
The proposed area shall be sufficient for the intended purpose; that
adequate parking facilities are provided; that the means of ingress
and egress are adequate to prevent traffic hazard, congestion or excessive
interference with normal traffic movement on adjacent public streets
and thoroughfares; that the buildings and use are appropriately located
with regard to fire protection; that the buildings and use will meet
a community need and will not adversely affect neighboring properties
and property values.
C.
Drive-thru facilities at attached and freestanding fast-food restaurants
subject to the following standards:
[Added 4-14-93 by Ord. No. 93-12; amended 5-10-93 by Ord. No. 93-19]
1.
A separate delineated drive-thru lane shall be provided.
2.
Queue storage that minimizes interference with pedestrian and vehicular
movements.
3.
The proposed drive-thru facility shall be implemented without posing
a safety hazard to pedestrian and vehicular traffic.
4.
Reserve parking spaces shall be provided between the drive-thru area
and the facilities exit. Such parking spaces are intended for use
by any drive-thru vehicles awaiting delivery of a delayed order.
5.
Drive-thru facilities shall operate only when the dining room is
open to the public.
6.
The drive-thru facility shall be designed for and utilized by motorized
vehicles only.
7.
A bail-out lane shall be provided so that cars in queue can leave
the queue safely.
8.
A canopy or cover shall be provided over the window.
9.
No loudspeaker shall be permitted at properties that abut a residential
zone or residential property line.
10.
Drive-thru windows proposed to be located within 150 feet of
a residential building shall be closed at 11:00 p.m., subject to the
following:
[Amended 5-10-93 by Ord. No. 93-19]
(a)
After the fast food restaurant is open and the drive-thru window
is in full operation, the applicant may seek modification of site
plan approval by returning to the Board which granted site plan approval.
Such modification may include a later closing time of the drive-thru
window(s). The applicant for such modification shall conduct noise
meter tests between 10:00 p.m. and 11:00 p.m. for seven (7) consecutive
nights and shall submit the test results to the appropriate board.
The board shall conduct a public hearing and will determine whether
the noise meter results comply with Township noise standards and whether
such later closing time of the drive-thru window(s) is consistent
with the health, safety and welfare of the adjacent residents.
[Amended 10-27-97 by Ord. No. 97-22]
[Amended 12-27-93 by Ord. No. 93-73]
A.
Maximum lot coverage: Seventy-five (75%) percent.
B.
No building shall be located within 100 feet of any property line
or within 100 feet of the right-of-way of any street or road.
C.
Minimum lot area: five (5) acres.
D.
No building shall exceed thirty-five (35') feet in height or 2 1/2
stories.
E.
Minimum lot width: 500 feet.
F.
All buildings shall have a unified architectural treatment whether
constructed as new or as an additional structure physically and aesthetically
integrated with the existing structure. The Planning Board shall consider
in its architectural review items such as materials, colors, building
setbacks, facade treatments and building height and shall encourage
the revitalization of existing structures to insure compatibility
with proposed building additions.
G.
The front facades of at least forty (40%) percent but no greater
than sixty (60%) percent of a structure having a single linear plane
shall be set back not less than twenty (20') feet behind the facades
of the remaining units in such structure.
H.
To promote a desirable visual environment and to insure good civic
design the Planning Board in its review shall consider, but not be
limited in its consideration of, visual impacts of the proposed development,
including views and view interference, shadow effects and solar orientation
and design compatibility with surrounding land uses.
I.
On site parking shall be provided at a rate of 5.5 spaces per 1,000
square feet of gross leasable floor area.
J.
Parking areas shall be designed to minimize pedestrian and moving
vehicle conflicts. Pedestrian walkways, parking lot islands, signage
and pavement texture differentiation shall be required by the Planning
Board where appropriate to ensure the safe movement of pedestrians.
K.
No parking area or off street loading space shall be located closer
than thirty (30') feet to any lot line. A thirty (30') foot landscaped
buffer shall be required to shield adjacent roadways and properties
from parking lot illumination, headlight glare and fumes. Where the
lot line of any lot in the C 5 district is boundary line of a residential
zone the parking setbacks shall be increased by an additional twenty-five
(25') feet which shall contain a planted buffer area of massed evergreens
of a species approved by the Planning Board.
L.
Impervious parking surface coverage shall be limited, to the extent
possible, by the use of parking in or under buildings, the elimination
of excess paving and the use of permeable surfaces for paving where
appropriate.
M.
One off street loading space shall be provided or maintained for
each 50,000 sq. ft. of gross leasable floor area, unless waived by
the Board because of special reasons shown by the applicant. All off
street loading areas shall be separate from shopper vehicular and
pedestrian traffic and shall be screened to the satisfaction of the
Planning Board from the view of shoppers, those traveling on adjacent
roadways, and surrounding property owners.
N.
Refuse collection areas shall be provided and shall be located for
the convenience of the occupants. Also, the areas shall be screened
with an enclosed masonry structure of a compatible style with the
proposed principal structure of at least six (6') feet in height on
three sides with a solid gate enclosing the fourth side. Exterior
and interior refuse receptacles, aesthetically designed, shall be
provided for shopper convenience.
O.
All land not covered by buildings, storage areas, parking, driveways
and loading areas shall be landscaped in accordance with a landscaping
plan approved by the Planning Board.
P.
Shopping centers shall provide weather protection for its customers
either by enclosed shopping area, canopies or other means.
Q.
Lighting.
1.
All outdoor lighting shall be high pressure sodium or mercury vapor
fixtures or other similar energy savings fixtures. Sharp cut off luminaries
shall be utilized where appropriate to reduce glare and direct lighting
where intended.
2.
Mounting heights of fixtures shall not exceed the height of the building
or thirty (30') feet whichever is less.
3.
All lighting shall be designed to provide a minimum of .25 footcandles
and an average of .75 footcandles throughout all parking areas and
access driveways.
4.
All lighting shall be stanchion mounted and serviced underground.
R.
All buildings, structures and paved surfaces shall be set back a
minimum of fifty (50') feet from any stream course or natural drainageway
unless floodplain information indicates that a greater setback is
appropriate. Natural surface drainage structures shall be utilized
wherever possible. Nonpoint source pollutants shall be handled by
use of drainage swales in combination with retention facilities, in
an attempt to reduce the amount of potential pollutants entering into
the aquifer. Such swales shall be seeded with appropriate vegetative
materials that are satisfactory to the Planning Board to filter silt
and other potential pollutants to the surface and underground water
supply systems.
S.
All existing trees over six (6") inches in caliper shall be shown
on the development plan and shall be preserved, whenever possible,
by methods approved by the Planning Board.
T.
Buildings shall be oriented, to the extent feasible, in order to
maximize the potential for the use of solar energy for heating, cooling
and energy conservation.
U.
The layout of the shopping center shall consider access from all
stores to all other stores in the same center for a maximum pedestrian
distance of 700 feet. The location of store entrances and orientation
of buildings shall minimize distances for pedestrians to walk from
one store to another.
V.
Signs.
[Deleted 12-27-93 by Ord. No. 93-73]
[Amended 4-20-09 by Ord. No. 09-11]
A.
The Planning Board may require the applicant to submit a market analysis
showing the need for the center. The market analysis shall include
the following items unless waived by the Planning Board:
1.
Delineation of the trade area of the proposed center.
2.
The existing and projected population of the trade area.
3.
Determination of effective buying power in the trade area.
4.
The amount and percentage of buying power in the trade area allocated
to the proposed shopping center.
5.
The amount and percentage of buying power in the proposed trade area
which will be expended in existing commercial area.
B.
The Planning Board may require the applicant to submit a time schedule
indicating when the various stages of construction will be initiated
after final approval.
C.
The Planning Board may require the applicant to submit a traffic
study prepared by a qualified professional indicating the impact which
the center will have on surrounding roads. It shall include the following
elements:
1.
Estimated peak hourly traffic to be generated by the center.
2.
Assignment of estimated peak hourly traffic by percentage and volume
to surrounding roads.
3.
Determination of unused capacity of surrounding roads during peak
hours.
4.
Recommendations for necessary road improvements such as acceleration
and deceleration lanes and traffic control devices recommended for
public roads or highways surrounding the site.
