[Amended 8-17-2004 by Ord. No. 23-2004; 1-17-2017 by Ord. No. 2-2017; 3-7-2017 by Ord. No. 12-2017; 8-7-2018 by Ord. No. 43-2018; 8-2-2023 by Ord. No. 19-2023]
Article VI of the Municipal Land Use Law[1] authorizes municipalities to adopt an ordinance providing
for planned developments in the form of planned commercial developments.
This form of planned development encourages and promotes flexibility
and economy in layout and design and provides for a comprehensive
development of various commercial, office and related land uses.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Planned commercial development shall be permitted in accordance
with the provisions of this article. This form of planned development
is authorized as a permitted use in the following zoning district
within the City:
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RC
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Regional Commercial District
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The following general criteria shall govern the eligibility
of an application for development of this type of planned development:
A.
A minimum of 25 acres shall be required for a planned commercial
development. The planned development shall be designed as one comprehensive
development showing how each individual element relates to the whole,
including the construction or relocation of streets to be dedicated
to public use.
B.
Municipal sewage shall be available to the project site at the time
that the application for development is filed or planned to be online
at the time of project occupancy.
C.
Municipal water shall be available to the project site at the time
that the application for development is filed or planned to be online
at the time of project occupancy.
D.
Planned commercial developments may be built in stages, provided
the applicant can demonstrate to the satisfaction of the Planning
Board the following:
(1)
The plan submitted for preliminary approval shall delineate each
phase and include an expected construction schedule.
(2)
The planned commercial development may provide for a greater or lesser
concentration of coverage within a section than the overall project
coverage, provided that it is offset by a lesser or greater coverage
in subsequent stages.
(3)
Each stage of development shall be substantially self-functioning
and self-sustaining with regard to traffic circulation and access,
utility services, off-street parking and loading and open space.
(4)
Each stage shall be properly related to every other stage of development
and the neighborhood and community as a whole and to all essential
services needed in the future to accommodate the proposed development.
The general development plan shall set forth the permitted number
of buildings and uses according to a schedule which sets forth the
timing of the various sections of the development. The general development
plan and the site plan shall conform to the following land use standards
and general design standards:
A.
Land use standards.
(1)
Permitted uses include conference and convention centers, professional
and general business offices, restaurants, including drive-through,
and retail sales and service.
(2)
Accessory uses include essential services, parking, signage and any
use usually incidental and subordinate to any permitted use.
(3)
Uses shall be arranged so that accesses, circulation, landscaping
and open space serve the entire development.
(4)
Buildings shall be arranged in large shopping centers with multiple
uses, small pad sites or large single users.
B.
Bulk, coverage and density standards.
(1)
Minimum development tract size: 25 acres.
(2)
Minimum lot size within tract: two acres.
(3)
Minimum frontage: 300 feet.
(4)
Minimum front yard: 100 feet.
(5)
Minimum side yard: 50 feet to perimeter and 0 feet between buildings.
(6)
Minimum rear yard: 50 feet.
(7)
Maximum height: 50 feet.
(8)
Maximum coverage: 75%.
C.
Circulation standards.
(1)
A traffic circulation plan for both on-site and off-site traffic
shall be submitted as part of the overall site plan. The off-site
plan shall include all roadways within one mile of the site. The plan
shall include the proposed impact on the affected roadways at the
buildout of the proposed project.
(2)
Streets contained within the development shall conform with the design
standards contained in this chapter. The City has the right to refuse
to accept streets proposed as public streets if they do not meet these
standards.
(3)
Clear site triangles shall be required where streets intersect dedicated
public streets. A distance of 300 feet shall be maintained clear of
obstructions measured from the stop signs of the streets within the
development.
(4)
Principal vehicular access points shall be designed to encourage
smooth traffic flow with controlled turning movements and minimum
hazards to vehicular and pedestrian traffic.
(5)
Curbing shall be required along all public streets within the development
in accordance with the standards contained in this chapter.
(6)
Concrete sidewalks at least five feet in width shall be required
along all public streets within the development and eight feet in
width along any facade abutting a public parking area or any facade
with a customer entrance.
(7)
Pedestrian walkways at least 12 feet in width shall be provided at
intervals of not less than 120 feet in all public parking areas. The
walkways must feature lighting, landscaping, benches and other such
materials and facilities for their entire length. The walkways must
be clearly distinguished from the driving surfaces to enhance pedestrian
safety and the attractiveness of the walkways.
(8)
One parking space shall be required per 300 square feet of gross
floor area.
(9)
There shall be no restriction on the amount of parking which shall
be permitted between the front facade of a principal building and
the primary abutting roadway.
D.
Open space standards.
(1)
A minimum of 20% of the developed area shall be utilized for landscaping.
(2)
There shall be a minimum of 30 feet landscaped buffer around the
entire perimeter of the property.
(3)
Undeveloped areas shall be seeded, mowed and maintained.
(4)
Significant trees and significant vegetation natural to the site
shall be maintained to the greatest extent feasible.
E.
Local service and utility standards.
(1)
The development shall be serviced by the municipal wastewater collection
and treatment system. The developer shall design and construct a common
system on site to tie into the municipal system.
(2)
The development shall be serviced by the municipal water system.
The developer shall design and construct a common system on site to
tie into the municipal system.
(3)
All electric, telephone, television and other communication facilities,
both main and service lines, shall be provided by underground wiring
within easements or dedicated public right-of-way and installed in
accordance with the prevailing standards and practices of the utility
or other companies providing such services. Overhead lines may be
permitted as an exception by the Planning Board in areas of severe
geological conditions. The placement and alignment of the poles shall
be designed to lessen the visual impact of overhead lines.
(4)
The developer shall provide adequate and efficient methods for handling
solid waste disposal, including materials that are required to be
recycled pursuant to municipal ordinance.
F.
Stormwater management standards.
(1)
Stormwater management systems shall emphasize a natural drainage
strategy as opposed to an engineered drainage strategy. The applicability
of a natural drainage strategy depends on such factors as site storage
capacity, open channel hydraulic capacity and maintenance needs and
resources.
(2)
Where natural drainage strategies are inadequate to accommodate stormwater
management for the site, detention facilities and other stormwater
facilities shall be designed and engineered according to the best
available technology.
(3)
When the site contains or is adjacent to natural lakes, ponds, rivers,
streams or wetlands, the runoff collection system shall be designed
to prevent watershed runoff into these areas to the greatest extent
feasible.
(4)
A stormwater management system shall be designed and engineered to
prevent an increase in nonpoint pollution to the greatest extent feasible.
G.
Environmental and visual standards.
(1)
The design and placement of lots and structures shall be made in
a manner to integrate the development attractively and harmoniously
with its surroundings to enhance the natural features of the site.
(2)
Careful attention shall be given to the design and quality of all
structures and site amenities so that they are compatible within the
development and compatible with the natural landscape.
(3)
Grading and construction plans shall comply with applicable soil
erosion and sediment control regulations.
(4)
Adequate and functional lighting shall be located so as to provide
maximum aesthetics and safety while minimizing glare off site.
(5)
All delivery areas are to be located at nonpublic entrances to the
structures.
(6)
Trash collection areas are to be adequately screened by berms, plantings
or fencing.
(7)
Outdoor storage of materials or equipment shall be prohibited without
the granting of a site plan waiver by the Planning Board.
H.
Architectural criteria and building design.
(1)
Entrances. Each principal building shall have a clearly defined and
highly visible customer entrance.
(2)
Facades. No uninterrupted facades in excess of 100 feet shall be
permitted. Facades greater than 100 feet must incorporate recesses
and projections along at least 20% of the facade length.
(3)
Materials and colors. Exterior building material shall be of attractive
and durable materials such as brick, textured concrete, masonry, stone,
stucco, glass or finished wood. Unfinished concrete block and prefabricated
metal panels shall be prohibited. Facade colors shall be of low reflectance
and use neutral or earth tones. Building trim may utilize brighter
shade for enhancement of the structures.
(4)
Rooflines. Rooflines must use parapet walls to conceal rooftop equipment
and utilize eves or different roof slopes to minimize the appearance
of a continuous roof plane.
I.
Signage.
(1)
Freestanding signs. One for every 100 feet of frontage on an arterial
road with a maximum height of 50 feet and area of 50 square feet for
every 50,000 square feet of floor area or part thereof.
(2)
Facade signage. Signage for principal uses up to 200 square feet
on the front facade and up to 50% of front facade along a side. Signage
for individual use a designated area along the facade with a maximum
of three square feet per store frontage.
A.
The developer shall provide for an organization to own and maintain
the common open space for the benefit of the owners and tenants of
the development.
B.
The applicant shall provide copies of the articles of incorporation,
bylaws, deeds with convenants, deeds with easement, deeds of trust
and the management agreement which provides for the ownership and
maintenance of the common open space.
The Planning Board may grant a waiver or an adjustment to a
particular design or performance standard contained in this article
if the Board finds that the use of a more flexible design or performance
standard will achieve or enhance the benefit intended by this chapter.
No design or performance standard contained in this chapter shall
be waived where it adversely affects the public health, safety or
general welfare.
Where improvements outside the boundaries of the planned commercial
development are necessary to insure adequate access or provision of
necessary facilities or utilities such as drainage, street, sewer
and water, plans for such off-tract improvements shall accompany the
preliminary plan.[1]
