[Amended 8-23-2022 by Ord. No. 5739; 2-28-2023 by Ord. No. 5757]
A.
Purpose. The purpose of this article is to permit large-scale commercial
uses along the highway corridors of Union Township. These businesses
are auto-dependent and typically serve the region.
C.
Area, yard and bulk standards. Refer to the Schedule of Zoning Requirements
(Attachment 5) for area, yard and bulk standards.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Purpose. The purpose of this section is to permit large lots and
buildings for the operations of industrial, office, warehousing, distribution,
manufacturing, and similar businesses that generate considerable vehicle
traffic, require large indoor spaces, and/or produce otherwise undesirable
externalities.
C.
Area, yard and bulk standards. Refer to the Schedule of Zoning Requirements
(Attachment 5) for area, yard and bulk standards.
E.
Performance standards.
(2)
Manufacturing processes shall be conducted entirely within the
confines of a building; shall be confined to the making of finished
products or parts thereof from component parts and semifinished products;
shall not involve the reduction, conversion or manufacturing of primary
raw materials, except for drugs and pharmaceuticals; and shall not
involve the production of nuclear or toxic chemical materials or wastes
of any kind.
(3)
Research laboratories shall be located within completely enclosed buildings and shall not produce noticeable noise, vibration, smoke, dust, odors, heat or glare outside of the buildings and shall not involve any of the processes prohibited in § 170-902E(2) above.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Purpose. The purpose of the planned development option is to provide
for the reuse of underutilized industrially zoned lands while protecting
adjacent areas. The provisions and regulations set forth herein provide
for commercial development, in accordance with an alternative zone
plan to be approved by the Planning Board.
B.
Standards for type, density or intensity of use.
(1)
The option may be exercised for any properties in the areas
designated C/I.
(2)
Principal, accessory and conditional land uses shall be limited
to the enumerated optional zones.
(3)
The plan shall provide for a tract area of not less than five
acres of land, wholly or partially within the C/I District, to be
developed as a single entity.
(4)
Gross density/intensity shall be limited to the maximums stated
below, provided that the entire area of the tract is improvable and
shall be reduced where said area is found to be less.
(5)
The plan shall provide that the floor area ratio shall not exceed
0.75:1 for all buildings and structures as determined by the sum of
all building floors, including garages, divided by the gross tract
area.
(6)
The plan shall provide that the aggregate floor area of all
buildings, excluding garages, within the planned development shall
not exceed 0.5 square foot of floor area per square foot of gross
tract area.
C.
Deviations within planned developments. Within a planned development,
areas may be delineated and classified for development on the land
use map in accordance with the following standards:
(1)
Any combination of the optional zones enumerated, provided that:
(a)
Commercial traffic can be reasonably linked to the regional
roadway system without traffic hazards or congestion.
(b)
Commercial traffic can be reasonably linked to the regional
roadway system without exposure to industrial fire or explosion risks.
(c)
Commercial land uses can be reasonably buffered from exposure
to industrial fire or explosion risks.
(2)
The optional districts for which C/I District lands may be mapped
shall be as follows: CC or C/I.
(3)
Bulk standards. The standards for the design, bulk and location
of buildings shall be in accordance with the bulk standards for the
optional zones delineated and classified for development on the land
use map for the planned development.
D.
Approval process. The Planning Board is authorized to approve planned
developments in order to promote flexibility in the arrangement of
land uses in accordance with this article and pursuant to the provisions
of N.J.S.A. 40:55D-39 and to grant approvals to general development
plans consistent with the provisions of N.J.S.A. 40:55D-45.
(1)
Prior to granting approval to any planned development, the Planning
Board shall find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(c)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate.
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(2)
Site plans for planned developments shall conform to the requirements
for conventional site plans as well as to the requirements for planned
developments. In the event of a conflict, the planned development
requirements shall supersede site plan requirements. The following
additional requirements shall be satisfied prior to final approval:
(a)
The staging proposals for any planned development shall ensure
that each stage shall encompass a balanced mix of land uses in proportion
to the mix for the entire development and that each stage shall provide
for completion of all streets, utilities and services necessary for
the section whether located within or outside the section.
(b)
The Planning Board may authorize a greater concentration of
density or intensity within a stage but only where offset by a lesser
concentration in any completed prior stages or offset by an appropriate
reservation of open space on the remaining land by grant of easement
or covenant in favor of the municipality.
(c)
The legal documents proposed to provide for deed restrictions,
cross access agreements and cross maintenance agreements have been
submitted and found to satisfactorily provide for the public's interests.
(d)
All open space created shall be set aside as a separate parcel
and maintained for the benefit of the owners and/or residents of the
development in accordance with N.J.S.A. 40:55D-43.
(e)
Subdivision plats for planned developments shall conform to
the requirements for conventional subdivision plats as well as to
the requirements for planned developments. In the event of a conflict,
the planned development requirements shall supersede subdivision plat
requirements. The following additional requirements shall be satisfied
prior to preliminary approval:
[1]
The staging proposals for any planned development shall ensure
that each stage shall encompass a balanced mix of land uses in proportion
to the mix for the entire development and that each stage shall provide
for completion of all streets, utilities and services necessary for
the section whether located within or outside the section.
[2]
The Planning Board may authorize a greater concentration of
density or intensity within a stage but only where offset by a lesser
concentration in any completed prior stages or offset by an appropriate
reservation of open space on the remaining land by grant of easement
or covenant in favor of the municipality.
[3]
The legal documents proposed to provide for deed restrictions,
cross access agreements and cross maintenance agreements have been
submitted and found to satisfactorily provide for the public's interests.
[4]
All open space created shall be set aside as a separate parcel
and maintained for the benefit of the owners and/or occupants of the
development in accordance with N.J.S.A. 40:55D-43.
[5]
The Planning Board shall determine the appropriateness of proposed
dedications of open space prior to granting subdivision approval.
Unless dedicated for public use, organizations shall be established
for the ownership and maintenance of all open space parcels.
[a]
The developer shall provide for an organization
pursuant to N.J.S.A. 40:55D-43 for the ownership and maintenance of
open space created under a planned development.
[b]
Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the municipality.
[c]
All owners of property within a planned development
shall be required to become members of the owners' association charged
with ownership and maintenance of open space and other common facilities.
All properties shall include a provision in their deeds requiring
membership in the homeowners' association. This requirement shall
pass from owner to owner as a deed restriction.
[d]
The legal documents proposed in the establishment
of the required owners' association shall have been submitted and
found to conform with the objectives of the plans and proposals for
the planned development and the intent of this article.
[e]
The plat shall contain specifics of the enabling
declaration dealing with the title to the common property, the granting
of easements of enjoyment, an indication as to whether the designated
areas are dedicated for use by the general public or they are, or
are intended to be, conveyed to an association.
E.
Alternatives to conventional development. As an alternative to conventional
development, the Planning Board may authorize planned developments
for areas designated PD in accordance with plans and proposals which
conform to the requirements of this section. The standards herein
establish the limits of discretionary action which may be taken by
the approving authority administering these provisions. No deviation
from these standards may be granted pursuant to N.J.S.A. 40:55D-70.
(1)
Standards for type, density or intensity of use. Planned developments
may be approved by the Planning Board in conformity with the standards
governing the type and density or intensity of use set forth by this
subsection and those set forth for each PD designated area.
(a)
The minimum tract size shall be five acres.
(b)
All lands remaining outside of public streets, building lots
and any other parcels approved for special purposes shall be set aside
as open space. The boundaries of any open space parcels shall be designed
to coincide with adjoining open space parcels, whether existing or
proposed, so as to extend and expand upon an overall open space network.
(c)
Variations of standards. The type and density or intensity shall
be varied from that otherwise permitted within a planned development
in consideration of the amount, location and proposed use of common
open space; the location and physical characteristics of the site;
and the location, design and type of dwelling units and other uses
as set forth by this subsection.
[1]
Gross density/intensity shall be reduced in direct proportion
to the extent that the improvable area of the tract is less than the
minimum established for the PD designated area.
[2]
Gross density shall be reduced in direct proportion to the extent
that the site is to be developed for nonresidential uses, other than
open space, for each PD designated area.
(2)
Deviations within planned developments. Within planned developments,
deviations in the standards for type, density or intensity of use
may be authorized by the Planning Board by designating areas to be
developed under different standards in accordance with the limitations
set forth by this subsection and those set forth for each PD designated
area.
(a)
A land use map delineating and classifying areas for each variation
shall be established for all planned developments. Land use maps shall
be approved where the Planning Board finds the following requirements
to be satisfied:
[1]
The land use proposals are consistent with the policies articulated
in the adopted Master Plan as relates to land use, community facilities
and housing.
[2]
The open space proposals protect any special environmental features
by preserving land in an open undeveloped state and create suitable
areas for organized outdoor recreation and are consistent with the
policies articulated in the adopted Master Plan as relates to open
space and environmental features.
[3]
The circulation proposals provide for a closed traffic circulation
system, provide a pedestrian path network linking all parts of the
development and are consistent with the policies articulated in the
circulation element of the adopted Master Plan.
[4]
The utilities proposals are consistent with the policies articulated
in the adopted Master Plan as relates to stormwater management, utilities,
local services and fiscal impact on the county, municipality and special
districts, including the local school district.
[5]
The overall proposals are consistent, inasmuch as is reasonably
practicable, with other existing, planned or potential developments.
(b)
Classifications for land use areas shall correspond with the
optional zone classifications enumerated for each PD designated area.
Substitute classifications may be approved by the Planning Board to
accommodate substitute bulk standards and shall be consistent with
this section as follows:
[1]
Substitute classifications shall provide for the type, density
or intensity of use.
[2]
Substitute classifications shall provide uniform standards which
are of equal stringency for the type, density or intensity of use.
[3]
Substitute classifications shall provide standards which are
consistent with the limitations established for the PD designated
area.
(c)
Bulk standards.
[1]
The standards for the design, bulk and location of buildings
for planned developments shall be evaluated by the Planning Board
and approved where they are found to be in conformity with the regulations
set forth by this subsection and those set forth for each PD designated
area.
[2]
The standards employed shall be those standards for the zones
which correspond to the land use classifications established for each
delineated land use area. The Planning Board may approve substitute
bulk standards as follows:
[a]
Substitute bulk standards shall provide for minimum
lot area, width and depth; minimum setbacks along streets and other
lot lines; maximum lot coverage; maximum floor area ratio; minimum
improvable tract area and general design standards for multifamily
residential development; exceptions for accessory buildings; requirements
for parking, landscaping, lighting and other improvements.
[b]
Substitute bulk standards shall provide standards
which are of equal or greater stringency to the corresponding zones
with respect to minimum lot area; maximum building height measured
in feet and stories; maximum floor area ratio; and minimum improvable
tract area for multifamily residential development.
[c]
The Planning Board notify the governing body and
Tax Assessor, by adopted resolution, within five days of approval,
of the approval of substitute bulk standards for any planned development.
(d)
Zoning. Changes in zoning effectuated through the planned development
approval shall be recorded on the Zoning Map.
[1]
Upon approval, the area comprising an approved planned development
shall be delineated along with the name and date of approval of the
proposed planned development on the Zoning Map.
[2]
The zoning standards shall be recorded through deed restrictions
upon final approval, and the Zoning Map shall be periodically amended
to reflect the completion of sections of a planned development.
(e)
Plans. Development shall be in conformity with site plans, subdivisions
and any general development plan as approved by the Planning Board.
