[Added 7-13-1993 by Ord. No. 93-951; amended 8-9-1994 by Ord. No. 974; 12-13-1994 by Ord. No. 94-988; 1-25-2005 by Ord. No. 2005-1130]
A. 
Permitted uses.
(1) 
Planned residential developments shall include any one or more of the following residential uses:
(a) 
Townhouses.
(b) 
Townhouse-duplex combination.
(c) 
Apartment buildings.
(2) 
Planned residential developments may also include any of the following nonresidential uses; provided, however, that the same may only be used by residents of the development and their guests and not by the general public:
(a) 
Parks and playgrounds.
(b) 
Indoor or outdoor swimming pools, clubhouses, arboretums, botanical gardens, outdoor (but not indoor) tennis courts.
B. 
Buffer areas.
(1) 
In all affordable housing zones, the applicant shall provide and maintain a buffer area, as defined in § 400-8, for a planned residential development which shall be no less than 50 feet in width from all external property lines of the site which abut any zone other than an affordable housing zone. Such buffer area shall be kept in its natural state where wooded. The landowner shall be required to provide a year-round visual screen, as determined by the Planning Board.
(2) 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board shall, upon specific findings or reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from a principal roadway and in such manner that is consistent with the definition of buffer area as set forth in § 400-8.
(3) 
The required buffer area shall be included in the area of a planned residential development for the purpose of computing compliance with the open space requirements of this chapter, as set forth herein.
C. 
Requirements for planned residential areas. The following area, yard and bulk requirements shall apply to planned residential developments:
(1) 
The minimum sizes of lots, the number and minimum sizes of yards and building bulk controls for planned residential developments shall be governed by the accompanying schedule entitled "Limiting Schedule," which, together with all explanatory matter thereon, is attached to and made part of this chapter.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
(2) 
All buildings and structures within a planned residential development shall be set back no less than 60 feet from any external street right-of-way line.
(3) 
All setbacks within the planned residential area shall be measured from the right-of-way line of the street, but if the Master Plan or Official Map of the Borough shows the location of a right-of-way line different from the existing right-of-way line, the required setbacks shall be measured from the right-of-way line as shown on the Official Map, if any, or the Master Plan.
D. 
Land use intensity, area, yard and bulk regulations; distribution of dwelling units. The following requirements as to the density, area, yard and bulk regulations and distribution of residential units shall apply to planned residential developments:
(1) 
Overall residential density. The maximum overall residential density for planned residential developments in affordable housing zones shall be limited as follows:
Zone
Maximum Density
(units per acre)
AH-6
6
AH-7
7
AH-8
8
(2) 
Area, yard and bulk requirements for AH-6, AH-7 and AH-8 Zones.[2]
(a) 
Minimum front yard setback.
[1] 
The minimum front yard setback from all external streets to the planned residential development and from all public streets within the planned residential development shall be 60 feet measured from the external property line or the edge of the public street right-of-way line.
[2] 
The minimum front yard setback from all other internal streets and roadways that are not public streets shall be 30 feet measured from the street right-of-way line or edge of pavement, whichever is greater.
(b) 
Minimum side or rear yard setback. The minimum side or rear yard setback to all external property lines of a planned residential development shall be 50 feet, except where there is a mandatory buffer requirement, then the combined width of the side or rear yard setback and the buffer shall be 75 feet.
(c) 
Building setback to an internal driveway, other than a public or private street or roadway. The minimum side yard or rear yard setback from an internal driveway that is not a street or roadway shall be 10 feet.
(d) 
Minimum distance between buildings.
Measurement
Distance
(feet)
Front to front
75
Front to side
30
Front to rear
75
Side to side
25
Side to rear
30
Rear to rear
75
(e) 
Maximum building coverage. The maximum building coverage of all principal buildings and structures in a planned residential development shall be equal to 20% of the total lot area.
(f) 
Maximum lot coverage. The maximum lot coverage of all buildings, accessory uses and man-made improvements, including parking areas, roadways, sidewalks, swimming pools and other recreational facilities and man-made aboveground retention and detention facilities, shall not exceed 60% of the total lot area.
(g) 
Maximum building height. The maximum building height in a planned residential development shall not exceed 35 feet and two stories, exclusive of basement and cellar areas that may only be used for parking, storage, utilities and the placement of mechanical equipment to service the principal building.
(h) 
Maximum length of buildings.
[1] 
The maximum length of a building group consisting of townhouses and townhouse/duplexes shall be 200 feet, which building group shall not exceed eight townhouse or townhouse/duplex dwelling units.
[2] 
For every group of townhouse buildings that exceeds 150 feet in length, there shall minimally be one additional building that is no longer than 150 feet in length and shall contain no more than six dwelling units.
[3] 
The maximum building length for apartments and apartment flats shall not exceed 160 feet in length and shall contain no more than 12 dwelling units.
[4] 
No building group of townhouses, townhouse/duplexes, apartments or flats shall contain two dwelling units back to back wherein two dwellings abut one another without two or more sides of the dwelling unit providing cross ventilation of windows and all entrances to dwelling units facing or having direct access to a street or a roadway and also having direct access for emergency services.
[2]
Editor's Note: See also § 400-32, AH-8A Affordable Housing District.
E. 
Open space requirements for planned residential development. The following requirements as to open space shall apply to a planned residential development:
(1) 
At least 35% of the total land area of any planned residential development shall be designed for and devoted to open space. In computing such thirty-five-percent requirement, common recreation areas accessory to the residential use and required buffer areas shall be included as open space.
F. 
Maintenance of open space areas within a planned residential development. Any common open space proposed as part of a planned residential development shall comply with the maintenance requirements provided by the Municipal Land Use Law.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 7-13-1993 by Ord. No. 93-951]
A. 
In any planned residential development, all off-street parking and loading facilities shall comply with the provisions of Article XII, Site Plan Review. Within a planned residential development, a minimum of 2.25 parking spaces per dwelling unit shall be provided. The development shall provide a minimum of 0.4 parking space per dwelling unit, which spaces shall be made available for visitor parking and parking for common use. Said standard of 0.4 space need not be in addition to the overall standard for the development. Garages and driveway aprons of at least 25 feet shall count as parking spaces.
B. 
Any such planned residential development shall also comply with the following requirements with respect to streets, utilities, environmental standards and staging of development:
(1) 
Streets.
(a) 
The right-of-way and pavement widths of all internal streets, roads and vehicular traveled ways shall be determined by the Planning Board, based upon sound planning and engineering standards in conformity with the estimated needs of the fully proposed development and the traffic to be generated thereby. They shall be adequate in size, loading and design to accommodate the maximum traffic, parking and loading needs and access for firefighting, police and other emergency vehicles.
(b) 
All private residential roads and streets shall contain a minimum pavement width of 24 feet for two-way travel and 20 feet for one-way travel. No on-street parking of any type shall be permitted on roadways with a two-way pavement width of 24 feet or a one-way pavement width of 20 feet.
(c) 
All common areas or visitor parking shall be located within 250 feet of the designated residential housing it is designed to serve.
(d) 
All streets and roads, whether dedicated or privately owned and maintained, or any combination thereof, shall comply with all Borough ordinances as well as the laws of the State of New Jersey with regard to construction and safety.
(e) 
Where an official map or master plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Planning Board or governing body, as provided by law.
(2) 
Utility improvements.
(a) 
Every planned residential development shall be serviced by a centralized water and sanitary sewer.
(b) 
All utility improvements, including storm drainage systems, sanitary sewage collection and disposal, garbage collection and recycling and water supply systems, shall be in accordance with standards and procedures as established by local, county and state regulations. Such improvements shall be subject to review and approval by the Borough Engineer and the Board of Health, as well as appropriate county and state agencies. Water supply facilities shall be subject to review and approval by the Borough Engineer and Fire Department.
(3) 
Electric, gas, cable and telephone service. Electric, gas, cable and telephone service lines shall be installed by the developer in concert with the appropriate public utilities providing such service. All such utility lines shall be installed underground.
(4) 
Street improvements. Monuments, street names, traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall comply with all applicable provisions of the Borough of Montvale and shall meet with the approval of the Borough Engineer.
(5) 
Environmental standards. Any planned residential development shall comply with all environmental standards as provided herein and all other provisions of the Borough of Montvale, the state and federal governments. Any new building or structure to be erected, any existing building or structure to be moved, enlarged, altered or added to and any land within such planned residential development shall also comply with the following requirements:
[Amended 8-9-1994 by Ord. No. 94-974]
(a) 
There shall be no increase in the rate of runoff of any adjoining or nearby stream or watercourse. Zero percent increase in runoff shall be maintained for the site in consideration of a 100-year storm.
(b) 
All principal buildings shall be set back a minimum of 15 feet from the 100-year flood line of any stream or watercourse. All stream and watercourse corridors within this fifteen-foot distance shall remain in their natural state, except where necessary to provide utility easements or connecting roadways. The Planning Board shall, in addition, require the applicant to dedicate to the public an easement of not less than 10 feet width along each side or edge of such body of water. The foregoing requirements shall be considered design standards, deviation from which shall require a waiver from the Planning Board.
(c) 
No portion of the sanitary sewer system servicing the development may be located within 100 feet of any groundwater source in any area of fractured bedrock.
(d) 
No portion or feature of any planned residential development shall impede any existing waterways or streams or substantially alter the hydrology of the area.
(e) 
In any planned residential development, no structure shall be permitted in any area of the development having a topographic slope of 15% or greater.
(f) 
Any application for a planned residential development shall include an environmental impact statement, in accordance with the standards and procedures established herein.
(6) 
Comprehensive Plan. As part of any application for a planned residential development, the applicant shall submit a Comprehensive Plan for the development of all property under the applicant's ownership and control and as to which the proposed planned residential development is a part. Such Comprehensive Plan shall comply with all applicable provisions of Chapter 350, Subdivision of Land, and Article XII, Site Plan Review, of this chapter of the Borough of Montvale.
(7) 
Required construction of low- and moderate-income units. Upon approval by the Planning Board of a planned residential development, an appropriate developer's agreement shall be entered into among the applicant, the Planning Board and the Borough, by which the applicant shall be required to construct the low- and moderate-income housing units proposed for the development, regardless of the sale or ownership of any or all of the market-rate residential units. This obligation shall be binding upon the applicant's heirs, successors and assigns.
(8) 
Staging. As permitted by N.J.S.A. 40:55D-39C(6), any planned residential development may be developed in stages. No proposed sequence of stages submitted by the applicant shall be approved unless the Planning Board finds and determines as follows:
(a) 
That each stage is substantially self-functioning with regard to access, utility services, parking, open space and other similar physical features and that such stage can be separately occupied, operated and maintained upon completion of construction and development.
(b) 
That each stage is properly related to every other segment of the planned residential development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the development in the future.
(c) 
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.
(d) 
That the landowner will provide a balanced distribution for development in each stage. Such disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
(9) 
Procedures.
(a) 
Notification requirements. Each owner and/or developer of a site or sites for which a planned residential development is permitted (hereinafter "eligible applicant") shall be notified that such eligible applicant has the right under this chapter to develop as a planned residential development. The Council on Affordable Housing or a court of competent jurisdiction shall be notified within 10 days of submission of each application for development to the Planning Board by an eligible applicant so that the Council on Affordable Housing or the court, as the case may be, may monitor the provision of low- and moderate-income units necessary to complete the fair share obligation. In addition, a copy of each resolution granting approval for development to an eligible applicant shall be forwarded to the Council or the court within 10 days of each approval.
[Amended 8-9-1994 by Ord. No. 94-974]
[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:
[1] 
Restaurants.
[2] 
Child-care center and adult day care.
[3] 
Lifestyle retail uses as set forth in § 400-37C(2)(b).
[4] 
Instructional uses.
[5] 
Pharmacy.
[6] 
Fitness uses.
[7] 
Express retail store not exceeding 65,000 square feet.
[8] 
Grocery stores.
(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:
(a) 
Dinner theater.
(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.
(4) 
Signs, subject to the requirements of § 400-42H(1)(k) below.
(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.
(11) 
Lighting fixtures in accordance with the requirements of § 400-42H(1)(j) below.
(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.
(2) 
Gas stations.
(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.
(4) 
Adult stores.
(5) 
Discount/dollar stores, except express retail stores as permitted herein.
(6) 
Tattoo parlors.
(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[1]. 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)[2]
65%
[1]
The building height measurement shall be measured from the proposed/final average grade, not the existing average grade. Where a building is situated on a slope, the highest two building corners (which are the uphill corners) shall be used to determine the final average grade of the building. Except as previously set forth, building height shall be measured in accordance with the definition of "building height" set forth in § 400-8. No fully subterranean level shall include any use other than parking or storage.
[2]
The maximum impervious lot coverage shall be 50% utilizing standard impervious parking techniques for all paved surfaces. However, alternative porous paving system and vegetative green roof areas may be used to attain total lot coverage of 65%, with no more than 50% of the lot coverage being impervious surface and up to an additional 15% of the lot coverage being pervious paving surfaces and green roof areas. Pavers over pervious base or turf blocks shall only be utilized for pedestrian and biking surfaces, overflow parking areas or emergency-only access driveways. Porous pavement, suitable for more general and heavier-use vehicular surface applications, is also acceptable. Upon approval, an approved, bonded maintenance plan incorporating best management practices shall be required for all pervious paving surface areas to minimize siltation of porous paving areas.
(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[3]. The distribution of the affordable housing units shall be in compliance with COAH's Round Two substantive regulations, N.J.A.C. 5:93.[4]
[3]
Editor's Note: See N.J.S.A. 55:14a-7.5
[4]
Editor's Note: The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
(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[5] applicable to the nonresidential portion of the development.
[5]
Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.
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.
[1] 
The standards in § 400-60 of Chapter 400 shall apply.
[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.
[2] 
The standards in § 400-38C(8) shall apply.
[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.
[1] 
Sections 400-62 through 400-65 shall apply. The standards in §§ 400-69 through 400-76 of Chapter 400 shall also apply, except that § 400-70A(6), F, and G shall not apply.
[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.
(1) 
Section 400-10, Enforcing official.
(2) 
Section 400-7, Interpretation.
(3) 
Section 400-13, Violations and penalties.
(4) 
Section 400-4, Severability.
(5) 
Section 400-6, When effective.
(6) 
Section 400-11, Site work permit.