The purpose of this district is to encourage
appropriate development in the traditional core village area in the
Malaga section of the Township, which is concentrated around the Delsea
Drive/Harding Highway/West Boulevard intersection and extending to
Grubb Road. This is an area subject to high volumes of pass-through
traffic, yet includes concentrations of higher density residential
development. Commercial and office uses are encouraged to minimize
the visual and functional conflicts between residential and nonresidential
uses within and adjacent to the district; encourage shared parking
and shared driveways; and encourage pedestrian activity and uses that
minimize noise and congestion. The Malaga area once contained the
largest collection of significant historic structures in the Township,
many of which have been demolished. This area is the most cohesive
of all of the village communities in the Township.
Permitted uses shall be as follows. All commercial
uses require frontage on Delsea Drive or Harding Highway.
A. Principal uses.
(3) Personal service establishments.
(5) Banks, savings and loans, credit unions and similar
institutions.
(6) Convenience retail including convenience retail with
fueling stations.
(7) Studios for artists, craftsmen, photography, dance
or music.
(8) Restaurants and cafes, including restaurants with
drive-through windows.
(10)
Clubs, lodges or fraternal organizations.
(12)
Mass transit stations and depots.
(13)
Existing retail stores and shops.
(16)
Public utilities and public utility substations.
(17)
Bed-and-breakfast establishments.
(18)
Single-family detached housing.
(19)
Assisted living centers, convalescent centers
and nursing homes served by public sewer or on-site wastewater treatment
system.
(20)
Age restricted single-family detached, semidetached
and apartment housing (apartment housing to be served by public sewer
or on-site wastewater treatment system).
(21)
Duplex conversions in single-family houses with
gross floor area in excess of 3,000 square feet, with the following
restriction: minimum lot size requirement: (two acres).
B. Accessory uses.
(1) Accessory buildings or structures supportive of the
permitted principal use, such as garage, storage shed, trash enclosure,
etc.
(4)
Accessory solar energy systems
[Added 8-9-2022 by Ord. No. O-18-22]
C. Conditional uses.
(1) Automotive fueling stations including automotive service
stations with convenience retail, as part of a planned development,
except truck stops which are prohibited.
Area and bulk requirements shall be as follows:
A. Maximum building height.
(1) Principal building: 2.5 stories or 35 feet.
(2) Accessory building/structure: 1.5 stories or 15 feet.
B. Minimum lot area: one acre.
C. Minimum lot frontage: 150 feet for commercial uses;
125 feet for single-family residential.
D. Maximum impermeable surface: 50%, except that coverage
may be increased to 65%, provided that the applicant demonstrates
to the satisfaction of the approving authority that there will be
no net increase over preconstruction conditions in the volume and
rate of stormwater runoff.
E. Minimum yard setbacks.
(3) Minimum parking setbacks.
(b)
Side: five feet minimum, 10 feet when adjacent to a residential district or use, unless the parking area is part of a shared parking scheme pursuant to §
253-92J.
(c)
Rear: five feet minimum, 10 feet when adjacent to a residential district or use, unless the parking area is part of a shared parking scheme pursuant to §
253-92J.
F. Landscaping.
(1) Minimum landscaped area: 25%.
(a)
Commercial development shall comply with standards included in §
253-50A(22).
(2) Buffers:
(a)
Commercial development adjacent to a residential use shall provide a buffer area as required by §
253-102 of this chapter.
G. General design standards for buildings and site improvements.
All commercial uses occupying existing structures in the Malaga Village
District shall retain any significant existing architectural facade
characteristics, such as but not limited to porches, railings, window
size and pattern, etc., of the building to the maximum extent practicable
and architecturally relate to the characteristics of the surrounding
area. New commercial structures shall be designed to complement the
architectural characteristics of existing structures considered common
to the area, and particularly any structures designated as historically
significant that are present in the district. Site improvements such
as, but not limited to, sidewalks, fences, etc., shall be consistent
with the characteristics of the surrounding area.
H. Design standards. All new developments shall be designed with a common architectural theme and shall adhere to the following design standards, landscaping standards, and signage controls as per §§
253-50 and
253-178.
(1)
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.
(2)
Entrances: Each principal building shall have
a clearly defined, highly visible customer entrance.
(3)
Rooflines: Rooflines must use parapet walls
to conceal rooftop equipment and utilize eaves or different roof slopes
to minimize the appearance of a continuous roof plane.
(4)
Materials and colors: Exterior building material
shall be of attractive and durable materials such as textured concrete,
masonry, stone, brick, 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 shades for enhancement of
the structures.
(5)
Dominant exterior building materials may not
include:
(d)
Glass, highly reflective, mirrored.
(6)
The applicant shall be required to present architectural
plans to the Architectural and Landscape Advisory Board prior to submission
to the Board.
I. A traffic study is to be submitted in conjunction
with any commercial development proposal, adequately demonstrating
the amount of traffic to be generated and capacity of the existing
roadway network to absorb expected traffic volume. Such study must
clearly demonstrate a finding of no significant impact, or provide
measures to be taken to alleviate expected traffic impact, which measures
must be acceptable to the reviewing board.
J. Environmental requirements.
(1)
The applicant shall submit a completed New Jersey
Department of Environmental Protection Permit Identification Form
as part of the application. Proof of submittal to the NJDEP shall
also be provided.
(2)
The applicant will provide a complete listing
of all notices of environmental violations issued by the NJDEP, EPA,
OSHA, county and municipal entities for the subject property and for
the applicant for a period of 10 years immediately preceding the filing
of the development application.
(3)
The applicant shall provide a list of all NJDEP
required permits related to land use management; air quality permits;
water supply permits; water quality; and all other required permits.
(4)
The applicant shall provide a copy of all required
permits as a condition of signing the final site plan.