[Added 12-11-2017 by Ord. No. 2017-1436]
The following standards shall apply to development within the Mixed-Use Planned Unit Development District. All other provisions of Chapter
400, Zoning, of the Montvale Code shall apply to development in the M-PUD District only where specifically indicated as applicable in this section. When the standards herein conflict with other provisions of Chapter
400, the standards herein shall apply.
A. Purpose. The Mixed-Use Planned Unit Development District is intended to repurpose the former Mercedes-Benz campus by constructing a mixed-use development that simultaneously provides credits towards the Borough's affordable housing obligation. The M-PUD regulations are intended to capitalize on the district's unique location between a lifestyle retail shopping center and the Garden State Parkway.
B. Application requirements. Any application for development for any portion or the entirety of the M-PUD District shall be submitted as a planned development, in the nature of a preliminary site plan application. Such application shall describe any phasing of the proposed project, together with all on-site and off-site improvements needed to support such phases. The application for preliminary site plan approval may also include a request for final approvals with respect to such phase or phases. The following shall apply:
(1) Development within the M-PUD District shall be subject to the requirements of the district and to the mandatory findings for planned development as required by the Municipal Land Use Law, N.J.S.A. 40:55D-45.
(2) Contribution of the pro rata share of off-site improvements, including, but not limited to, required roadways, traffic signals, utilities, lighting, landscaping, sidewalk/curbs and drainage.
(a) Off-tract improvements are required whenever an application for development requires the construction of off-tract improvements that are clearly, directly and substantially related to or necessitated by the proposed development. The Planning Board, as the case may be, shall require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage and street improvements, including such easements as are necessary or as may otherwise be permitted by law.
(b) Determination of cost. When off-tract improvements are required, the Borough Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 40:55D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs of the construction of improvements. The Borough Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the board of jurisdiction and the applicant.
(c) Improvements required solely for the application's development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special benefit thereby, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements. The applicant shall elect to either install the off-tract improvements or pay the municipality for the cost of the installation of the required off-tract improvements.
(d) Improvements required for the applicant's development and benefiting others. Where the off-tract improvements would provide capacity in infrastructure in excess of the requirements in Subsection
B(2)(c) above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay the pro rata share of the cost to the Borough, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs of providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Borough Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a PUD or developer's agreement to be reviewed and approved by the Borough Attorney, who may request advice and assistance from the Planning Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed in their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus an administration fee of 2%, not to exceed $2,000, to the Borough at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Borough shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.
(e) Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and §
400-42 above.
(f) Certification of costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Borough Engineer of the actual costs of the installation. The Borough Engineer shall review the certification of costs and shall either accept them, reject them or conditionally accept them. In the review of costs, the Borough Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within 30 days of the Borough Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit others.
(g) Time limit for reimbursement. Notwithstanding any other provisions to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Borough Engineer.
(3) Any application for development within the M-PUD District shall be accompanied by an environmental impact statement that complies with §§
400-123 through
400-132 of this chapter.
C. Permitted principal uses:
(1) Within the M-PUD District parcels along Mercedes Drive (Block 2702, Lot 1, and Block 2801, Lot 2), the site plan application for development shall contain all of the following principal uses:
(a) Multifamily residential housing.
(b) Minimum of 40,000 square feet in the aggregate of professional, medical, educational and general offices.
(c) Hotel with a minimum of 150 rooms and 8,500 square feet of conference space.
(d) A retail component with a minimum of 30,000 square feet in the aggregate inclusive of one or more of the following uses:
[2] Child-care center and adult day care.
[7] Express retail store not exceeding 65,000 square feet.
(2) Within the M-PUD District parcels along Mercedes Drive (Block 2702, Lot 1, and Block 2801, Lot 2), the development may contain one or more of the following principal uses:
(b) Banks and financial institutions.
(c) Any use permitted in §
400-24 governing the OR Districts.
(3) Within the M-PUD District parcel at 1 Glenview Road (Block 3201, Lot 6), the development may contain the following principal uses:
(a) Multifamily residential housing, either rental or for sale.
(b) Any use permitted in §
400-24 governing the OR Districts.
(4) Nothing in this chapter specifies or restricts the choice by the developer as to the timing or sequence of construction of the various permitted uses in the M-PUD District. The general development plan may include either the Block 2702, Lot 1, Block 2801, Lot 2 and/or Block 3201, Lot 6, properties. Nothing contained herein shall require the general development plan to include all of these properties.
D. Permitted accessory uses.
(1) Off-street parking and loading.
(2) Freestanding parking garages, limited to two levels above grade-surface parking, only on Block 2702, Lot 1, and Block 2801, Lot 2.
(3) Parking incorporated into the building design.
(5) Street furniture, planters, approved public art elements, gazebos, information kiosks, water features, waste/recycle receptacles, vehicle charging stations and bicycle racks in accordance with the requirements of §
400-38C.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6) Parks and open space facilities, including, but not limited to, walkways, bikeways, courtyards, plazas and gardens.
(7) Fences and walls, including retaining walls, subject to the requirements of §
400-42H(1)(i) below.
(8) Landscaping and buffering in accordance with the requirements of §
400-42H(1)(e) below.
(9) Stormwater detention facilities.
(10) Management office for development.
(12) Automated teller machines, incorporated into a building's design.
(13) Outdoor dining, outside of the public right-of-way.
E. Prohibited uses.
(1) Any use not specifically permitted shall be prohibited.
(3) Any drive-through or drive-in use or service, whether principal or accessory, other than in connection with a pharmacy use or a bank with no more than two drive-through lanes.
(5) Discount/dollar stores, except express retail stores as permitted herein.
(7) Nail salons and massage parlors, unless included as part of a day spa or full-service hair salon.
F. Bulk, area and other dimensional standards.
(1) General standards for principal and accessory uses in the M-PUD District:
Standard | Requirement |
|---|
Minimums | |
| Lot area | 32 acres |
| Lot frontage | 600 feet |
| Front yard setback (from center line of street) | 60 feet |
| Side and rear yard setbacks | 50 feet |
| Setback between building facades | 60 feet |
Maximums | |
| Building height | 4 stories and 65 feet. For purposes of this section, all cellars and/or basements and levels used, in whole or in part, for parking shall not be considered stories. Any level that contains residential shall be counted as a story. |
| Floor area ratio | 65% |
| Building coverage | 30% |
| Lot coverage (impervious surfaces) | 50% |
| Lot coverage (including pervious surfaces) | 65% |
(2) Standards for Block 3201, Lot 6:
Standard | Requirement |
|---|
Minimums | |
| Lot area | 2 acres |
| Front yard setback (from center line of street) | 60 feet |
| Side and rear yard setback | 30 feet |
Maximums | |
| Building height | 3 stories and 45 feet |
| Building coverage | 35% |
| Lot coverage | 60% |
(3) Contiguous lots separated by public streets or rights-of-way, other than divided highways, may be combined for the purpose of calculating lot area. Land dedicated to wetlands, wetland buffers, streams, riparian zones, floodways, flood hazard areas, or similar purposes shall be included in all calculations.
G. Multifamily residential standards.
(1) General standards.
(a) A maximum of 350 multifamily residential units are permitted on Block 2702, Lot 1, and Block 2801, Lot 2, and Block 3201, Lot 6. Of these, an aggregate minimum of 15% shall be low- and moderate-income housing units. For example, if 350 total units are constructed, 53 of those units shall be low- and moderate-income housing units.
(b) A maximum of 310 multifamily residential units are permitted on Block 2702, Lot 1, and Block 2801, Lot 2.
(2) Market-rate residential unit standards.
(a) Residential units located on Block 2702, Lot 1, and Block 2801, Lot 2, shall have the following minimum unit sizes:
[1] One-bedroom: 700 square feet.
[2] Two-bedroom: 850 square feet.
[3] Three-bedroom: 1,100 square feet.
(b) A maximum of 10% of the market-rate units on Block 2702, Lot 1, and Block 2801, Lot 2, may be three-bedroom units.
(3) Affordable housing unit requirements.
(a) Fifteen percent of the total residential units shall be reserved for, and affordable to, low- and moderate-income households. For example, if 350 total units are constructed, 53 of those units shall be low- and moderate-income housing units (27 affordable to low-income households (seven of which shall be affordable to very-low-income households) and 26 affordable to moderate-income households). The units shall meet the low-/moderate-income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units.
(b) The affordable units shall have a minimum thirty-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the court, and other applicable laws.
(c) The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.
(d) The units shall meet the low-/moderate-income split required by the Uniform Housing Affordability Controls and provide at least 13% of the units as very-low-income units as mandated by the Fair Housing Act. The distribution of the affordable housing units shall be in compliance with COAH's Round Two substantive regulations, N.J.A.C. 5:93.
(e) The developer shall be responsible for retaining a qualified administrative agent at the developer's sole cost and expense.
(f) The affordable units shall be family affordable units.
(g) The developer shall be responsible for paying the required development fees as outlined by the Statewide Non-Residential Development Fee Act applicable to the nonresidential portion of the development.
H. Site standards.
(1) Site standards for Block 2702, Lot 1, and Block 2801, Lot 2.
(a) Circulation.
[1] Sidewalks shall be provided along all public street frontages. In addition, sidewalks and/or walkways shall link all buildings within the development to the sidewalks of all adjoining public streets.
[2] Where sections of sidewalks branch off or join up, a decorative marker, signpost, or circle is recommended. Where sidewalks traverse vehicular driveways, crosswalks shall be provided and marked with textured paving in a contrasting material and color.
[3] All sidewalks shall have a minimum clear paved walking width of at least five feet; however, sidewalks in front of all commercial storefronts and in other areas with high pedestrian traffic shall have a minimum clear paved walking width of at least seven feet and shall include decorative paving materials, rather than plain concrete.
[4] Sidewalks adjacent to streets or circulation drives shall also include a landscape strip with street trees, grass and low plantings that serve as water storage and infiltration. Where street trees are thus required, they shall be planted no more than 40 feet apart, on center, on average, with variation permitted for curb cuts, utility vaults and other site conditions.
[5] Benches are encouraged to be located throughout the development along the pedestrian sidewalk network.
[6] Bike racks shall be provided in clear view of storefront entrances, with at least one bike space for every 5,000 square feet of nonresidential gross floor area. Said racks shall be served with night lighting.
(b) Off-street parking.
[1] The standards in §
400-54 (except for Subsections
B,
E,
F,
K,
I and
T) of Chapter
400 shall apply. The Planning Board may require compliance with §
400-54I for hotel, or stand-alone office or retail pads. Rooftop parking shall be prohibited unless it is adequately screened from view from adjacent properties and streets.
[2] Off-street parking spaces between the building facade and Grand Avenue shall be limited to no more than 15% of the total parking spaces.
[3] The following parking ratios shall apply to development within the M-PUD Zone:
Use | Number of Parking Spaces |
|---|
Banks and financial institutions | 1 per 300 square feet |
Professional, medical, educational, and general offices | 1 per 300 square feet |
Restaurants | 1 per 3 seats, plus 1 per 2 employees (peak) |
Lifestyle retail uses | 1 per 250 square feet |
Child-care center and adult day care | 1 per 300 square feet |
Instructional uses | 1 per 120 square feet |
Hotels | Greater of: 1 per room or 0.75 per room, plus 1 per 3 conference seats |
Dinner theater | 1 per 3 seats, plus 1 per 2 employees (peak) |
Multifamily residential | As per RSIS |
[4] Where uses share access and parking spaces, the required ratios above shall be lowered by the Planning Board, based upon a shared parking analysis, which demonstrates, to the reasonable satisfaction of the Planning Board, that the combined peak parking demand can be satisfied for those shared parking facilities at a lower combined ratio.
[5] All surface parking shall be in common except for visitor and handicapped parking spaces.
(c) Loading.
[2] Truck loading, service bays and service areas shall be located on the side or rear facade. No truck loading, service bay or service area shall be visible from a municipal or county right-of-way. Landscaping, fencing and other site design mechanisms may be utilized in order to provide appropriate screening.
(d) Parks and open space.
[1] Parks or plazas shall be provided that, in the aggregate, are at least 11,500 square feet and open to the public, subject to the rules of the property owner. Chairs, tables, benches and a water feature are encouraged.
[2] If there is a retention/detention basin, a walking path may be provided around it that is linked to the greater development.
(e) Landscaping.
[1] The plant palette from the Shoppes at DePiero Farm (AH-PUD District) should be implemented and enhanced within the M-PUD.
[3] The standards in §§
400-8 and
400-50 of Chapter
400, concerning berms, shall apply.
(f) Architecture.
[1] The building material design palette shall be compatible with the approved Shoppes at DePiero Farm (AH-PUD District), but not necessarily of a farm/equestrian vernacular.
[2] Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[3] The maximum spacing between building wall offsets shall be 60 feet.
[4] The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
[5] The maximum spacing between roof offsets shall be 60 feet.
[6] The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building facing a public street shall be architecturally designed to be consistent with regard to style, materials, colors and details.
[7] Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
[8] All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
[9] All ground-level retail and service uses that face a public space shall have clear glass on at least 60% of their facades between three and eight feet above grade.
[10] Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties. Section
400-49, regarding satellite antennas, shall apply.
[11] All rooftop mechanical equipment shall be screened from view from all vantage points at or below the level of the roof.
[12] Placement of any packaged terminal air conditioner units within the facade is prohibited.
[13] Balconies are prohibited, except for internal balconies not visible from the boundaries of the property which shall be permitted.
(g) Building design for commercial/office pads.
[1] A maximum of two freestanding commercial/office pads are permitted. The maximum building size of each such pad shall be 15,000 square feet per floor plate.
[2] Offices are encouraged to be located on the upper floors of the freestanding commercial pads.
[3] The maximum building height/stories shall be four stories and 65 feet.
(h) Trash. All trash/recycling storage areas shall be enclosed on all four sides and screened using wood fencing or other attractive material. Trash may be stored inside the buildings.
(i) Fences and walls.
[1] To the extent possible, the use of retaining walls should be used in the form of terraces to accommodate severe grade changes, rather than single tall retaining walls. However, no retaining walls shall exceed a height of 15 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing.
[2] Ornamental walls utilizing loose laid stone may be provided throughout the site as appropriate, up to a height of four feet.
[3] Fences shall be installed along the tops of all retaining walls that exceed a height of three feet. Chain-link fencing, including vinyl-coated chain-link fencing, is prohibited.
[4] No fence on the site may exceed a height of four feet, except for fences for the screening of loading areas, utility enclosures and dumpsters.
(j) Lighting.
[1] Light-emitting diode (LED) light of the soft white category shall be incorporated into site, service and parking lot lighting.
[2] All exterior lights shall be designed so as to reduce glare, lower energy usage and direct lights only to where they are needed.
(k) Signage.
[2] Signs permitted within the development shall be only those specified in the table below.
Type | Location | Maximum Number | Total Area (square feet) | Maximum Area of Any 1 Sign (square feet) | Maximum Height (feet) | Required Setback From Property Line (feet) | Maximum Letter Height (feet) |
|---|
Primary monument | Intersection of Mercedes Dr./Grand Avenue | 1 | 100 | — | 12 | 10 | — |
Entrance monument | Mercedes Dr. entrance | 2 | 36 | — | 6 | 5 | — |
Wall* | — | 1 | 36** | — | — | — | 3 |
Wall* (over 10,000 square feet tenant) | — | 2 | 36 per sign, 60 combined** | — | — | — | 3 |
Window | — | — | 20% of the aggregate window area | — | — | — | — |
Pedestrian- way-finding directory | Key pedestrian- ways, public activity areas | 4 | 60 | 12 | 6 | 100 | — |
* | One additional projecting sign per tenant may be permitted but shall not exceed five square feet in size. If a projecting sign is utilized, then both a wall and a projecting sign may be allowed on the same facade. Otherwise, no tenant may locate two wall signs on the same facade. |
** | Per tenant. |
[3] Only external illumination shall be permitted for all non-wall-mounted signage. Wall-mounted signs may be individual, channel-cut letters with internal illumination or through LED backlighting of letters.
[4] The primary monument sign shall be limited to the name of the development and three tenants who each occupy a minimum of 10,000 square feet of space. The entrance monument sign shall be limited to the name of the development. All other signs, including wall signs, shall be limited to the identification of the tenant only and may include corporate or brand name logos.
[5] No individual sign may exceed three colors. If white or black is used in the sign it shall not be counted as a color. The color limitation does not apply to projecting signs.
[6] Awnings are permitted, but shall not be used for signage purposes nor contain any letters, numbers, logos or the like. No vinyl or white awning shall be permitted; their design shall be consistent with the overall design of the development. Awning panels shall be flat or sloped, but shall not be fluted or curved.
[7] Monument signs shall utilize materials which closely resemble those materials used for the Shoppes at DePiero's Farm (AH-PUD) monument signs. A solid base surrounded by appropriate ornamental plantings shall be provided. No monument sign shall be located in a sight triangle.
[8] In addition to the signs above, a tenant may also be permitted to install a sign or signs, limited to demonstrate or evidence membership in a retail or professional organization or credit card or credit association or required licenses, which signs shall be permitted to be attached to windows on the interior of the business use, provided that the aggregate area employed for such purpose shall not exceed 5% of the total window area. A tenant may also be permitted to install window signs indicating sales, promotions and the like, provided that the aggregate area employed for such purpose shall not exceed 15% of the total window area.
(2) Site standards for Block 3201, Lot 6.
(a) Circulation.
[1] Sidewalks shall be provided to link all building entries through the site to the public street. Sidewalks shall also be provided along the public right-of-way.
(b) Off-street parking.
[1] The standards in §
400-54 (except for Subsections
B,
E,
F and
K) of Chapter
400 shall apply.
[2] Off-street parking for residential uses shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(c) Landscaping.
[1] A mix of deciduous and evergreen trees and low ground cover landscaping shall be planted along the entire site perimeter in order to form an effective year-round screening. Tree spacing shall be 40 feet on center, or closer. In addition, where a row of parking stalls runs in a straight line for more than 20 spaces, landscaped islands shall be provided between every 15 parking spaces, planted with trees and low ground cover.
[2] The perimeter of the building(s) shall be surrounded on all sides by a landscaped, planted strip at least four feet in width. Paved walkways leading to pedestrian entrances may cross this landscape strip in a perpendicular fashion.
[3] The standards in §§
400-8 and
400-50 of Chapter
400, concerning berms, shall apply.
(d) Architecture.
[1] Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
[2] The maximum spacing between building wall offsets shall be 40 feet.
[3] The minimum projection or depth of any individual vertical offset shall be 1.5 feet.
[4] The maximum spacing between roof offsets shall be 40 feet.
[5] The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.
[6] Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.
[7] All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
[8] Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties. Section
400-49, regarding satellite antennas, shall apply.
[9] All rooftop mechanical equipment shall be screened from view from all vantage points at or below the level of the roof.
[10] Placement of any packaged terminal air-conditioner units within the facade is prohibited.
[11] Balconies are prohibited, except for internal balconies not visible from the boundaries of the property, which shall be permitted.
(e) Trash. All trash/recycling storage areas shall be enclosed on all four sides and screened using wood fencing or other attractive material. Trash may be stored inside the buildings.
(f) Lighting.
[1] Light-emitting diode (LED) lighting of the soft white category shall be incorporated into site, service and parking lot lighting.
[2] All exterior lights shall be designed so as to reduce glare, lower energy usage and direct lights only to where they are needed.
[3] Signage. The standards in §
400-66 and §§ 400.62 through 400-65 of Chapter
400 shall apply. The standards in §§
400-69 through
400-76 of Chapter
400 shall also apply.
I. Additional applicable provisions to the M-PUD District. The following sections of Chapter
400, Zoning, of the Montvale Code shall apply to development in the M-PUD District.
(3) Section
400-13, Violations and penalties.