The purpose of the PD District is to encourage the development of certain large vacant tracts of land which are located close to state highways and existing development, which are either reasonably close to existing water and sewer service areas or are potentially suitable for on-site sewage disposal systems, and, at the same time, to provide a realistic opportunity for affordable housing to be constructed in accordance with the guidelines set forth in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (Act), and regulations N.J.A.C. 5:91-1 et seq., and 5:93-1 et seq., and which development is shown on a Concept Plan, attached to this ordinance and made a part hereof as Exhibit B,[1] which envisions the development of 260 dwelling units, including five estate houses. Special standards and procedures applicable to this district only are set forth in this article to expedite the production of affordable housing.

Recognizing that the provision of affordable housing, which is to be produced from among the 150 multifamily apartments intended to be developed, requires the elimination of provisions that are cost-generating to a developer of affordable housing and thereby inhibit its production, the Land Use Board shall process, review, and adjudicate the development applications for the property consistent with the direction of N.J.A.C. 5:93-10 et seq., which requires the municipal board to expedite review and adjudication of the application, remove unnecessary cost-generating features, and cooperate in granting reasonable variances, waivers, and exceptions. Neither the Scenic Corridor Ordinance, § 550-44, nor the Steep Slope Ordinance, § 550-109, shall apply to property in this district. Any provisions of this or any other municipal ordinance, regulation, or law, now existing and/or hereafter adopted, which are in conflict with this article, and which impose restrictions or limitations inconsistent with those of this district, shall be inapplicable to this district.

Settlement Concept Plan. The Township and the property owner have entered into a settlement agreement (agreement) which permits the developer to submit, at its sole discretion, an application for a general development plan (GDP), as defined in the Municipal Land Use Law (see N.J.S.A. 40:55D-45.1 et seq.), and which permits subsequent development applications seeking preliminary and final site plan approvals and preliminary and final subdivision approvals. The Concept Plan, Exhibit B,[2] is presented for illustrative purposes; does not reflect detailed engineering or layout/design of the development on the site; and does not account for conditions or elements that may be imposed by other governmental agencies with jurisdiction over the development of the property, including but not limited to County of Sussex authorities, the New Jersey Department of Environmental Protection, or the New Jersey Department of Transportation. The Concept Plan provides for development of up to 260 dwelling units, consisting of up to 150 multifamily apartment units; 44 townhouses, or single-family houses under an overlay zone of that townhouse area consistent with single-family standards set forth in this District; and 66 single-family houses, which include up to five large single-family lots. The agreement also provides that development of the property will yield 29 units of affordable housing. Of the 29 units, a minimum of 24 multifamily apartment units shall be built on the property and shall be affordable to low- and moderate-income households. The developer, in its sole discretion, may also choose to construct on site five additional multifamily apartment units that are restricted to households of low and moderate income, or it may provide five units off site in a group home for developmentally disabled individuals, where one credit of affordable housing is obtained for every bedroom in the home constructed offsite. In addition, the property shall be zoned for the development of at least 20,000 square feet of commercial, retail and/or office space. This nonresidential space is contemplated to be located in the area of the property abutting Route 94, and it may be located in the same building or buildings as some of the residential units and such mixed-use buildings are permitted. The nonresidential uses may exceed 20,000 square feet and may be contained in several independent structures. The townhouses may be proposed as shown on Exhibit B with the exception that the townhouses may include internal or attached garages, provided they are not "snout" designs and do not extend more than five feet in front of the remainder of the front of the townhouse.

While the standards of this article and Zoning Ordinance are designed to minimize the number and extent of variances, exceptions, and/or waivers associated with the developer's applications for the proposed dwelling units and nonresidential development set forth above, and the applicant shall, to the maximum extent practical, prepare an application and plans which do not require any variances, waivers, or exceptions, the parties recognize that upon development of a fully engineered set of plans, complete for submission to the municipal board, such applications may include variances, waivers, and exceptions, as allowed by law under the Municipal Land Use Law (MLUL). It is also understood by the parties that the Board shall have the authority to take any action authorized by law in connection with the application, variances, waivers, and exceptions. It is the intent of the governing body that the development of the property, as described above, accords with the number, type, and variety of dwelling units and nonresidential development contemplated for the property; that the above-contemplated development promotes the public health, safety, general welfare, and public good, and Fredon's zone plan.

The applicant shall submit all plans and documents to the Land Use Board for review and approval, as required by the Township Site Plan Review Ordinance.[1] The Land Use Board shall distribute the plans to those municipal departments which normally review development plans. The failure of the municipal agencies to submit a report to the Land Use Board shall not extend the time for review and action by the Land Use Board. All reviews by municipal boards, officials, and entities shall be consistent with the provisions of N.J.A.C. 5:93-10 et seq., and such reviews will be designed to expedite review; remove cost-generating standards; and cooperate reasonably to grant variances, waivers, and exceptions, as they may be requested to implement the development contemplated by the agreement and generally illustrated in the Concept Plan, and not withstanding any deviations recognized during the design process to implement the intent of the Concept Plan.

The technical advisors to the Land Use Board shall review the complete application for technical compliance and shall convey comments directly to the applicant's advisers at least five business days in advance of the public hearing so that, at the time of the public hearing, the applicant will have had sufficient opportunity to resolve any technical problems associated with the submission.

The Land Use Board shall conduct a public hearing within the time prescribed by the MLUL on the application, with provision made for expedited review and adjudication in accord with N.J.A.C. 5:93-10. The Land Use Board shall act on the development applications for preliminary and/or final approvals, and applications made for subdivision approval(s), within the times set forth in the MLUL. Should a subsequent final approval be sought, action on the final plan shall be taken by the Board within the number of days of the complete application, as required in the MLUL or such extensions consented to by the applicant.

The development plans submitted shall contain the information required in Chapter 424, Site Plan Review, of the Fredon Code, except that the applicant will be exempted from any requirements to submit environmental statements as directed by Article V of Chapter 424. The applicant may request waivers of any other requirements for submission, subject to review and the granting of such waiver requests under applicable law by the municipal board, and such waivers shall be granted in the normal course.

Permitted uses:

Accessory uses and structures:

Conditional uses may include:

Accessory uses may include:

Development requirements.

Development areas, density and coverage.

Parking shall be provided for all residential uses in accord with the Residential Site Improvement Standards (RSIS). Parking for nonresidential users shall be in accord with applicable municipal ordinances as noted within this chapter.

Parking spaces in common parking areas for multifamily residential development shall be located within 250 feet of the dwelling units served.

All required parking for multifamily dwelling units shall be provided off street, except that nothing in this article shall be construed to prohibit required parking spaces from being placed perpendicular to a one- or a two-way local street, or at an angle on a one-way local street, provided that both the pavement width of the street and the length of each parking space meet the requirements set forth in the RSIS.

No arterial or intertract collector street shall provide direct access to an individual required parking space for a multifamily dwelling unit.

Parking for commercial, retail and/or office use shall be in accord with the standards of § 550-124 of the Fredon Code.

Intent. The intent of this article is to create a realistic opportunity for the development of the property in order to yield 29 affordable rental housing units available to the region's low- and moderate-income households, under relevant affordable housing laws. Fractions between 0.0 and 0.499 shall be rounded down. Fractions between 0.5 and 0.999 shall be rounded up.

On-site construction. At least 24 (but up to 29) affordable housing units shall be built on the property. All on-site affordable housing units shall be built within, and dispersed throughout, the intended 150 multifamily apartment units on the property. Bedroom distribution of affordable units constructed on site shall be in accord with the provisions of N.J.A.C. 5:93-7.3. The design and exterior of affordable housing units shall be comparable to market units and shall be located to have access to the property comparable to that of market units.

Off-site creation of affordable housing. Up to five affordable housing units may be created off site as a group home for the developmentally disabled, with each bedroom in such a structure counting as a unit of credit of affordable housing, in accord with N.J.A.C. 5:93-5.8. Such off-site development shall be at the sole discretion of the developer.

Construction and phasing. The 29 affordable housing units shall be completed consistent with the phasing requirements of N.J.A.C. 5:93-5.6(d) measured with respect to development of the multifamily apartment units.

Construction, marketing, pricing, occupancy, length of price restriction, etc. All affordable units shall be constructed, affirmatively marketed, priced, occupied, and restricted in pricing in compliance with the Uniform Housing Affordability Code regulations, N.J.A.C. 5:80-1 et seq. (UHAC).

Definition of affordability. Housing and income limits in relation to housing unit size and household size shall be in accord with the provisions UHAC and N.J.A.C. 5:93-7.4, and their distribution according to income strata shall be in accord with applicable affordable housing laws.

Waiver of fees. Notwithstanding any other requirement of the Township, the following fees shall be waived for every unit designated as affordable housing and only for those units designated as affordable housing:

Any portion of the property on the northwesterly side of New Jersey State Route 94 not used for lots for single-family residential dwelling units or for townhouse development, and excluding areas for roads, sidewalks serving adjacent residential units or commercial buildings, utilities, environmentally sensitive areas, and other elements customary and incidental to residential development, may, at the developer's discretion, be designated as a public use area, open space, recreation, and/or other common open space. The common open space area shall exclude private patios and yards and any area located between a building and street. In recognition that the Concept Plan has not yet been fully engineered or designed, the development shall endeavor to provide common open space in the vicinity of the buildings developed as multifamily apartments; however, common open space area shall exclude common parking areas. Open space in the southeast corner of the property may be developed for recreational uses and facilities.

All property owners and tenants in the development shall have the right to use the common open space and any recreational facilities located on the site.

Common open space may be deeded to the Township if accepted by the governing body.

All common open space not accepted by the municipality and all common elements in the development may be deeded to an open space organization established to own and maintain the common elements as provided in N.J.S.A. 40:55D-43. In such event, the open space organization documents shall be submitted to the Land Use Board attorney for review and approval.

No building or group of attached buildings shall contain more than 24 dwelling units.

No building shall exceed a length of 250 feet.

No room within a dwelling unit intended for human habitation shall be located in a cellar, basement, or attic, except that a cellar or basement may contain a family room or recreation room.

Accessory buildings shall meet the property line setbacks of the principal buildings.

The maximum height of an accessory building shall be 16 feet, except that recreational buildings and facilities shall be governed by the height limitations for principal buildings.

Garages may be built into the principal structure or separately constructed as hereafter provided. Each garage space shall be at least 10 feet wide and 20 feet in depth. Each group of attached garages shall have a joint capacity not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.

Exterior satellite and/or television antennas shall be limited to one master antenna per building, where the building does not have a flat roofline.

Laundry facilities may be provided in each building.

Screening and fencing shall be provided as needed to shield parking areas and other common facilities from the view of adjoining properties and streets.

Provisions shall be made for the preservation of existing trees and natural features to the extent possible. All disturbed areas shall be landscaped. Landscaping shall be provided as follows: