To provide approximately 65,000 square feet of new retail development to be concentrated south of Willows Road, as well as to encourage existing retail to be incorporated into the overall plan design, where appropriate.

To provide a public plaza in a central location adjacent to new retail development off of Route 94 and Willows Road, with the intention of creating a central gathering place for the community for the use during community events such as farmer's markets and public ceremonies.

To provide detached single-family dwelling units or attached two-family dwellings in areas proximate to existing single-family dwelling units; specifically, these areas include the western edge of the MUMD Zone, and the area to the east of Route 94 and north of Willows Road.

To provide townhouse units in appropriate areas throughout the MUMD Zone; specifically, these areas include the northwestern corner of the zone, the area along the west side of Route 94 in the southern portion of the zone, the area south of the new retail development to be provided to the east of Route 94 and south of Willows Road, and the area along the east side of Route 94 to the north of Willows Road, as delineated on the concept plan.

To provide for a 38,000 square foot, sixty-five-unit assisted-living facility along the western edge of the MUMD Zone to serve the community's senior population, as delineated on the concept plan.

To provide a 20% set-aside for affordable housing within all of the MUMD Zone's residential developments, consistent with the Township's Housing Element and Fair Share Plan and the Council on Affordable Housing's (COAH) third round rules.

To provide a pedestrian passive recreation trail system along the Paulins Kill (a Category 1 stream that parallels Route 94 to the west) which connects existing parks, open space and residential development with the new retail and residential developments to be provided on both sides of Route 94 in the MUMD Zone. The trails are to be incorporated throughout the MUMD as delineated on the concept plan.

To establish pocket parks in the unconstrained areas along the pedestrian trail system in order to provide active and passive recreational opportunities for the residents of the MUMD Zone.

To protect and preserve the environmentally sensitive features of the MUMD Zone through careful land use planning and tract development consistent with a four-step design process.

The minimum land area required for a planned unit development shall be 20 contiguous acres. For the purpose of this requirement, streets shall not be deemed to divide acreage.

Notwithstanding the above provisions, all retail businesses located in the MUMD Zone that exist as of the date of this chapter shall be permitted to expand or make alterations consistent with the TC Town Center zone district regulations that applied prior to the date of this chapter, as set forth in § 550-81F.

Retail stores, provided, however, that single occupancy stores shall be limited to 20,000 square feet or less.

Personal service establishments.

Banks.

Post offices.

Restaurants, eating and drinking establishments.

Instructional studio spaces, including dance, artist, martial art, music, and related studios.

Museums, art galleries and libraries.

Funeral homes and mortuaries.

Hotels and motels.

Indoor theaters, bowling alleys, and health and fitness facilities.

Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.

Adult day-care facilities.

Professional, financial and medical offices above at-grade retail or other principal permitted uses set forth in Subsections A through H above.

Assisted-living residences.

Residential dwelling units, including:

Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to the standards for detached single-family residential dwellings.

Trails designed in accordance with § 550-45.

Public or institutional uses, subject to the conditions listed in § 550-50A.

Public utility uses, subject to the conditions listed in § 550-50B.

A cannabis cultivator with ancillary manufacturer shall meet the following conditions when permitted as a conditional use.

Off-street parking and loading designed in accordance with § 424-32 of Chapter 424, Site Plan Review.

Outdoor cafes associated with and on the same lot as indoor eating facilities such as coffee shops, restaurants, ice cream parlors, bakeries, and cafes. Outdoor cafes shall be designed in accordance with § 550-39.

Windmills in accordance with the provisions of § 550-40.

[1]Small solar systems limited to the lesser of 15 kilowatts (15 kw) or 110% of the average of the three prior years’ electrical energy consumption. Solar panels and solar arrays may be rooftop mounted or ground mounted in the rear yard area only, at the applicant’s discretion. Ground-mounted solar panel arrays shall be prohibited from being located within the front yard area. In the event that an applicant proposes to locate ground-mounted solar panel arrays in the side yard area, application shall be made to the Zoning Officer for the grant of a waiver. In order to receive such waiver, the applicant shall demonstrate to the Zoning Officer that the location of the solar panel arrays on the roof of the residence (or other structure on the lot) or in the rear yard area is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. In the event that the Zoning Officer has doubt or difficulty with making a determination as to the granting of such waiver or in the event that the Zoning Officer denies such waiver, application shall be made to the Land Use Board for the grant of such waiver, which shall be treated as an exception pursuant to N.J.S.A. 40:55D-51. All ground-mounted small solar systems will be located upon the lot in closer proximity to the principal residence thereon than to any neighboring homes or building envelopes on adjoining properties that are unimproved. Ground-mounted solar arrays permitted by the Land Use Board, upon proper application, to be located within the side yard setback area shall be effectively screened from view from the street and adjacent properties by evergreen plantings having a minimum planted height of 48 inches and a maximum on-center planting spacing of 10 feet to create a continuous visual buffer. After completion of installation, the applicant shall provide written notice of the existence of such small solar energy system to the emergency service providers (Fredon Township Fire Department and Fredon Emergency Medical Services) identifying the subject property by block and lot, street address and a graphic plan or narrative identifying the location of the electrical service disconnect for the solar energy system.

Outdoor furnaces in accordance with the provisions of § 550-42.

Fences and walls designed in accordance with § 550-28.

Signs designed in accordance with § 550-138.

Other accessory buildings or uses customarily incidental to the principal permitted use in the zone.

A minimum of 25% of the gross area of the planned unit development shall be set aside for common open spaces, which may include parks, preserves, active and passive recreation areas, lakes, ponds, playgrounds, tennis courts, swimming facilities, drainage, and other similar uses, along with structures and accessory features appurtenant thereto.

Unless permitted by the Land Use Board, the following shall not be calculated into the open space percentages: flood hazard areas, bodies of water and/or retention basins, wetlands, slopes greater than 15%, streets, driveways, paved parking areas, sidewalks, private yards, and other similar areas. The Land Use Board may, however, require such areas to be considered part of common open space for maintenance purposes.

Where the planned unit development contains land area within 300 feet of the Paulins Kill Category 1 stream, the required common open space area shall include trail segments contributing to a zone-wide pedestrian trail system. The trail system is intended to extend along the stream and ultimately connect the new commercial uses and residential development in the MUMD Zone with Lodestar Park to the south and the nature conservancy lands to the northeast. Where feasible, pockets for active recreation facilities shall be constructed along the trail system.

Where the planned unit development contains nonresidential development totaling 10,000 square feet or more of gross floor area, the required common open space area shall include a public plaza. Such plaza shall be provided at a minimum ratio of 50 square feet per 1,000 square feet of gross floor area. The plaza shall include, at a minimum, landscaping walkways and benches.

The requirements set forth in §§ 550-106 through 550-108, with respect to the protection, ownership and maintenance of common open space which is to be set aside as herein provided, shall be applicable to a planned unit development.

Affordable housing requirement.

Location of nonresidential uses.

Ratio of nonresidential and residential uses.

Maximum densities.

Area, yard and bulk requirements.

Requirements for preexisting retail businesses.

Section 550-101C(2) requires that a minimum of 60% of the total tract area be conserved, and that the required conserved land area consist of the totality of the primary conservation areas. However, planned unit developments in the MUMD Zone shall not be subject to these requirements and instead shall be subject to the common open space requirements set forth in § 550-80 above.

Section 550-101C(3) requires that dwellings be located no closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas. Furthermore, this section requires that the location of streets and trails be designated after the location of dwellings has been determined. However, planned unit developments in the MUMD shall not be subject to these requirements. Instead, setbacks shall be consistent with sound planning principles and streets, plazas, and trails shall be located first, with buildings and structures located thereafter.