Aberdeen Township City Zoning Code

The purpose of the Freneau Redevelopment Plan (the "Redevelopment Plan") is to provide for the development of up to two hundred fifty (250) market-rate, for-sale non-age restricted residential townhouse units in two or more residential development clusters (each a "residential townhouse cluster development") on approximately 56.5 acres of land consisting of Block 151 — Lots 1, 2, 3 & 4 and Block 149 — Lot 1; as shown on the Tax Maps of Aberdeen Township (the "Freneau Redevelopment Area"). More specifically, the Redevelopment Plan provides for family housing in Aberdeen Township while at the same time preserving open space and conservation areas for future generations.

The Freneau Redevelopment Area has been the subject of litigation between the current owner and the Township of Aberdeen (the "Township"). The Township has entered into a Settlement Agreement (the "Settlement Agreement") with the current owner to settle this ongoing litigation. The Settlement Agreement has been memorialized by a Final Judgment on Consent Entered on the Basis of Settlement Agreement by the Honorable Lawrence M. Lawson; A.J.S.C. dated December 23, 2013. The Redeveloper has entered into a contract with Raritan Baykeeper, Inc. d/b/a NY/NJ Baykeeper, a New Jersey non-for profit corporation ("Baykeeper") for the sale of the property that comprises the Redevelopment Area to the Baykeeper (the "Baykeeper Contract"). In accordance with the Settlement Agreement, this Redevelopment Plan, including all zoning, bulk, and design standards and other development regulations for the Freneau Redevelopment Area set forth below in this subsection 25-6.9, shall automatically become effective, without the need for any further action by the Township, upon expiration and termination by Redeveloper of the Baykeeper Contract without the Baykeeper acquiring the Property.

Redeveloper Agreement. If the Freneau Redevelopment Area is to be developed with up to 250 market rate for sale townhome units as provided for in this Redevelopment Plan, such development must be undertaken by a redeveloper (the "Redeveloper") designated by the Township pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. ("LRHL") in accordance with an agreement to govern development in the Redevelopment Area to be approved by the Township Council pursuant to N.J.S.A. 40A:12A-8(f) ("Redeveloper Agreement"). Pursuant to the Settlement Agreement, the current owner or its designee shall be the Redeveloper. Development in the Freneau Redevelopment Area is contemplated to consist of two interrelated residential townhouse cluster developments with a total of two hundred fifty (250) market-rate, for sale non-age restricted residential townhouse units.

Non age-restricted townhouse dwelling units, not to exceed a total of 250 non-age restricted, market-rate for sale townhouse dwelling units within the entirety of the Freneau Redevelopment Area;

Elevated water storage tanks;

The "Required Recreational Facilities," set forth in subsection 25-6.9k (below);

Public parks, conservation areas, open space, common space and public purpose uses.

Common recreational facilities, recreation centers, pools, playfields and courts, clubhouses, and other similar facilities within specified open space areas.

Landscaping features including benches, trellises, gazebos and other such features customarily associated with the permitted principal uses, as the case may be.

Underground sprinkler systems within specified open space areas and within individual lots.

Fences and walls if standard for the type of development, location, and region.

Subject to the requirements of subsection 25-6.9p5(a) below, Patios and decks in the side or rear yard areas of townhouse dwelling units.

Off-street parking and private garages.

Signs.

Sheds and other accessory structures not specifically identified above are strictly prohibited.

Satellite dishes and other uses that would typically be found affixed to the residential building will be subject to the discretion of the Homeowners Association.

No building containing townhouse dwelling units shall exceed forty-eight (48) feet in height, except that chimneys shall have no height restrictions. Furthermore, no townhouse dwelling unit shall exceed three (3) stories in height. Moreover, where applicable, the height of a building shall be measured on the side facing an internal courtyard and/or on the front side of a townhouse dwelling unit. Additionally, walk-out basements are not to be calculated into the overall height of a building.

No recreation center building or clubhouse building shall exceed thirty-eight (38) feet in height and two and one-half (2 1/2) stories, except that chimneys shall have no height restrictions, and no other accessory building, as may be approved by the Planning Board, shall exceed fifteen (15) feet in height and one and one-half (1 1/2) stories.

The minimum distances shall be twenty (20) feet for the front of a building; ten (10) feet for the side of a building; and twenty (20) feet for the rear of a building;

No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building off-set more than a fifteen (15) degree angle from a line drawn parallel to another building shall be considered a side of the building and the building separation requirement shall be twenty (20) feet for townhouses; and

In any case, and notwithstanding the distances specified hereinabove, no building or structure (not including the proposed water tower, pump station and public utilities) shall be located closer than forty (40) feet to the right-of-way line of any existing public street or any tract boundary line with privately owned property, no closer than fifty (15) feet to any tract boundary line with municipally owned property, no closer than twenty (20) feet to the right-of-way line of any public or private internal street, and no closer than ten (10) feet to any off-street parking area.

The maximum building length is no greater than one hundred fifty (150) feet in length along any building façade.

All Townhouse Buildings shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one (1) foot vertical to six (6) feet horizontal, and no flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a façade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof is permitted.

The entirety of all portions of all buildings shall be provided both heat alarms and smoke alarms and, except for outside balconies and attics, all interior areas of all such buildings shall have a "wet" fire suppression sprinkler system.

Townhouses shall be provided 1.8 off-street spaces for each 1-bedroom unit, 2.3 spaces for each 2-bedroom unit, and 2.4 spaces for each 3-bedroom townhouse unit. Where the bedroom count per dwelling unit is not specified, 2.3 spaces per unit shall be provided.

For townhouses, each garage space shall be counted as 1.0 off-street parking space, regardless of the length of the driveway. Internal roadways will be a minimum of thirty (30) feet in width to provide for on-site parking.

Any recreation center or clubhouse shall be provided a minimum of 0.132 off-street parking spaces per dwelling unit.

A suitable location within the building shall be provided to accommodate trash and recycling;

If located outside the building, the trash and recyclable containers for each unit shall be stored in an area finished with materials used to construct the building(s) being served, and located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting, or combination of all three. The storage area associated with the buildings shall be attached to the building and shall observe all relevant area and bulk standards.

The dimension of any area provided for the collection and pickup of recyclable materials shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.

The area provided for the collection and pickup of recyclable materials shall be well-lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles.

The area provided for the collection and pickup of recyclable materials, and the bins or containers placed therein, shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the area provided for the collection and pickup of recyclable materials shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

One (1) ground mounted freestanding sign no larger than forty-eight (48) square feet per face and up to a 60 degree angle between sign faces shall be permitted at the entrance to each portion of the residential townhouse cluster development from an existing public street. For example if the Redeveloper undertakes to develop the Redevelopment Area, as currently contemplated, with two (2) interrelated residential townhouse cluster developments, the Redeveloper will then be permitted to place one (1) ground mounted freestanding sign no larger than forty-eight (48) square feet at each entrance to the two (2) residential townhouse cluster developments from an existing public street.

Additional signage within the interior of the site may be approved by the Planning Board for directional purposes as part of the site plan approval.

The residential townhouse cluster development shall provide active recreational facilities, including, by way of example only, recreational facilities such as the following:

The preceding listing and ratios of recreational facilities are guidelines for the Redeveloper and Planning Board in their evaluation of the adequacy of proposed recreational facilities for the residential townhouse cluster development. Alternative recreational facilities and ratios similar to those listed above may be proposed by the Redeveloper are permitted at within the Redevelopment Area and may be approved by the Board.

All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.

Lighting shall be minimal for security and safety purposes, and a lighting plan indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, and the details of the lighting poles and the luminaries shall be submitted by the Redeveloper in connection with any application for site plan approval.

The lighting is to be provided by fixtures with a mounting height not higher than eighteen (18) feet. Street lighting is intended to be provided in areas of concentrated parking, points of intersection and at terminus or angle points along the circulation roadways for public safety as may be deemed necessary and appropriate.

The lighting fixtures are to include non-glare lights with recessed lenses focused downward and with "cut-off" shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties, the safety of traffic along adjacent roadways and overhead skyglow.

The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average not less than five-tenths (0.5) footcandles at intersections and shall average not more than one (1.0) footcandle throughout any area to be illuminated. Lighting levels for pathways shall maintain an average of approximately 0.25 footcandles along the pathways to be lighted.

The lighting of any sidewalk and/or pathway, where provided, shall be via bollard lighting not more than four (4) feet in height and/or other decorative fixtures with a mounting height not higher than twelve (12) feet.

The landscaping within the residential townhouse cluster development(s) shall be conceived as a total pattern throughout the developed area, integrating the various elements of the architectural design of the buildings and creating an aesthetically pleasing environment.

The landscaping shall be in accordance with subsection 25-5.10 of the Township's Land Development Ordinance and shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials provided, however, that street trees do not have to be planted in a linear configuration, and can be clustered in groupings so long as the total number of street trees is the same as if they had been planted in a linear configuration at forty (40) feet on center. Additionally, street trees shall have a caliper of two and one-half (2 1/2) inches.

In areas where the applicant is successful in preserving existing trees within fifteen (15) feet of the new curb of a roadway, the Planning Board may waive the otherwise applicable street tree requirements.

Lot and yard dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development in accordance with the following:

For a fee simple townhouse unit, no construction permit shall be issued for the dwelling unit, an addition thereto, or for an accessory structure unless the proposed construction is in accordance with the site plan as approved by the Planning Board.

The residential townhouse cluster development shall be planned and developed with a common architectural theme; the architectural theme shall include the appearance of buildings, signing, fencing, lighting, paving, curbing, and landscaping.

The residential development shall comply with the Township's look-alike requirements pursuant to subsections 25-5.3 and 25-5.4 except that the orientation of buildings to the natural features of the site as well as the orientation of the sun so that solar energy may be utilized, if viable, at the discretion of the developer.

The residential townhouse cluster development shall require that adequate public sewerage and potable water be provided. In the event off-site improvements for sewerage or potable water are necessitated by the proposed development, same will be addressed in the Redeveloper Agreement between the Township and the Redeveloper. Notwithstanding the foregoing, the sewerage and potable water improvements to be provided for the proposed development must be in accordance with the following general guidelines:

All residential dwelling units and buildings shall be located a minimum of thirty (30) feet from any existing or proposed detention (i.e., dry) basin, and a minimum of fifty (50) feet from any existing or proposed retention (i.e., wet) basin, measured from the 100-year water surface elevation of the basin.

All residential dwelling units and buildings shall be located a minimum of fifty (50) feet from any existing or proposed pond, lake or other naturally occurring water body or water course, as measured from the edge of the design high water level or from 100-year flood plain, whichever measurement results in the greatest setback distance, except as follows:

No additional setback for the limit of disturbance as required in subsection 25-6.8g16 shall be required from a stream corridor or other "critical area", provided that adequate measures are taken to ensure that there will be no disturbance of the subject land areas during construction.

All new residential dwelling units and buildings within the residential townhouse cluster development shall be located a minimum of one hundred (100) feet from any existing or proposed sanitary sewage treatment plant and a minimum of fifty (50) feet from any sanitary sewage pumping station.

The required buffer area width within the residential townhouse cluster development shall be forty (40) feet and shall be in accordance with the requirements of subsection 25-5.5, except as follows:

The landscaping requirements of subsection 25-5.10 shall reasonably be applied to any residential townhouse cluster development, except that the requirements of subsection 25-5.10 of the "LDO" for a Tree Removal and Replacement Plan shall not apply, provided that the removal of existing trees in the residential townhouse cluster development is the minimum necessary.

Notwithstanding any provisions of the ordinance to the contrary, an isolated area or a narrow band of steep slopes, State open waters, freshwater wetlands and wetlands transition areas may be disturbed or developed where it is determined by the Planning Board that soil erosion, land disturbance and/or other environmental concerns have been adequately addressed by the Redeveloper.

All provisions within Section 25-5 of the Land Development Ordinance (LDO) regulating improvements and design standards, which are not inconsistent with the provisions specified hereinabove, shall govern the design and construction of a residential townhouse cluster development, provided that, notwithstanding any provisions of the ordinance to the contrary, waivers may be granted by the Planning Board from the provisions in Section 25-5 for good cause shown, and provided further that the following design standards shall apply to a residential townhouse cluster development notwithstanding anything to the contrary within Section 25-5:

Any residential townhouse cluster development shall satisfactorily address and comply to the extent practicable with all applicable existing utility Master Plans and utility ordinances of Aberdeen Township. The specific nature and extent of the obligations of the Redeveloper to comply with same shall be determined in the context of the Redeveloper Agreement.

The Redeveloper's specific monetary contribution for any off-site improvements made necessary by the development will be determined in accordance with the MLUL and the Redeveloper Agreement.

Any developer of a residential townhouse cluster development shall obtain site plan approval for the development in accordance with the requirements contained in the Land Development Ordinance and the MLUL.