Freehold Township City Zoning Code
ARTICLE XIII
Zone Regulations
§ 190-125 Rural Residential RR.
The Rural Residential RR Zone encompasses lands with a prevailing high-water table and sensitive environmental features including regional aquifer recharge areas, broad floodplains, headwaters and tributaries of major streams which are designated for future surface water reservoir use, and wetlands soils. These circumstances require differentiation of densities based upon the availability of public sanitary sewer and public water service.
A.
Permitted uses:
(1)
Farms.
(2)
Public parks and playgrounds.
(3)
Public buildings.
(4)
Single-family dwellings.
(5)
The keeping of horses or ponies subject to the following requirements:
(a)
Not more than one horse or pony shall be kept on a lot of approximately two acres in size (80,000 square feet), provided it is enclosed in a pen or corral containing at least 3,000 square feet, including a structure containing a box stall of approximately five by eight feet plus 100 square feet for feed and tack room, and further provided that such structure is not closer than 40 feet to adjacent property lines. All fencing shall be at least five feet from any property line.
(b)
Not more than three horses or ponies shall be kept on a lot of approximately three acres, provided that they are enclosed in a pen or corral containing 3,000 square feet for the first horse or pony and 2,000 square feet for each additional horse or pony, including a structure containing box stalls of approximately 100 square feet and/or straight stalls of approximately five by eight feet per horse and further provided that such structures are not closer than 40 feet to adjacent property lines. An additional acre shall be required for each additional horse.
B.
Permitted accessory uses.
(1)
Private garage with a maximum capacity for garaging no more than three automotive vehicles, whether attached and/or within a freestanding accessory building, which garaging area shall not exceed 24 feet by 36 feet and 864 square feet.
[Amended 9-24-2013 by Ord. No. O-13-30]
(2)
A single toolshed or similar storage building not exceeding 192 square feet in building area.
(3)
Private swimming pools.
(4)
Fences.
(5)
Signs.
(6)
Outdoor barbecue structures.
(7)
Shelters for domestic pets, provided that the building area does not exceed 30 square feet.
(8)
Essential utilities.
(9)
Farm storage sheds and barns.
(10)
Aboveground heating oil storage tanks.
(11)
Gazebo, pergola, arbor or similar open structure not exceeding 400 square feet in building area and not exceeding 16 feet in height.
[Added 4-28-2009 by Ord. No. O-09-10; 7-27-2021 by Ord. No. O-21-13]
C.
Uses permitted subject to issuance of a conditional use permit.
[Amended 12-27-2005 by Ord. No. O-05-48]
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-126 Rural-Environmental Zone R-E.
The Rural-Environmental R-E Zone encompasses lands within the Manasquan River, Toms River, and Metedeconk River watersheds and their tributaries in areas that are not serviced by public sewers. The R-E Zone contains lands with a prevailing high-water table, freshwater wetlands, floodplains, and other sensitive environmental features including regional aquifer recharge areas, broad floodplains and freshwater wetland areas and lands that are surrounded by or drain to these lands. The headwaters and tributary areas of the Manasquan and Metedeconk Rivers contribute to surface waters that are utilized or planned for reservoirs for surface water for potable water purposes. The R-E Zone also provides for the designation of the nationally significant historic Monmouth Battlefield State Park and maintains the historic and scenic rural roadways that traverse the Turkey Swamp area of Freehold Township.
§ 190-127 Rural Residential/Planned Adult Community (RR/PAC) Zone District.
In addition to the uses permitted in the R-R (Rural Residential) Zone District, in the RR/PAC Zone District, single-family detached residential cluster development shall be permitted, consisting of single-family detached age-restricted adult housing units and community amenities as provided for herein, subject to the following standards and requirements:
A.
General tract requirements.
(1)
The minimum gross tract area for a planned retirement community shall be 200 acres.
(2)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(3)
The density of development in the RR/PAC Zone District shall not exceed 1.5 units per gross acre.
(4)
The development shall have a minimum of two access points to a public road.
(5)
Not more than 20% of the entire tract shall be covered by buildings.
(6)
Not more than 40% of the entire tract shall be covered by impervious surface.
B.
Building requirements. Only age-restricted single-family detached dwelling units and community facilities shall be permitted and all residential lots shall conform to the following schedule:
(1)
Minimum lot area: 5,500 square feet.
(2)
Minimum lot frontage: 50 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3)
Minimum lot depth: 100 feet except 110 feet if lot will contain a rear yard drainpipe.
(4)
Minimum lot width: 55 feet at the front building setback line.
(5)
Minimum front setback line: 20 feet.
(6)
Minimum side yard: seven feet; driveways shall have a side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(7)
Minimum rear yard: 20 feet.
(8)
Maximum building height: 30 feet and two stories, the front elevation shall not give an appearance of greater than 1 1/2 stories.
(9)
Maximum impervious lot coverage: 65%.
(10)
Decks/patios: same as principal structures except rear yard setback: 10 feet.
(11)
Sheds: not permitted.
(12)
Minimum building size: 1,300 square feet of habitable floor area, with a minimum of an attached one-car garage and a minimum 80 cubic feet of storage space in addition to standard closets.
C.
Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents, in accordance with the following standards:
(1)
Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowner's association. The common open space may include man-made lakes. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.
(2)
There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 5,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building shall not exceed two stories or 35 feet in height.
(3)
Within the common open space, facilities shall be included for outdoor recreational use, storage and maintenance. These facilities shall include, as a minimum, a tennis court and an inground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, paddle boat facilities, fishing areas, shuffleboard, bocce and horseshoe courts, other racquet sport courts, chipping and putting greens, a practice golf course and other appropriate facilities.
(4)
The community clubhouse and pool shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
D.
Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, or drainage facilities and utility structures, shall be located within 50 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement.
E.
Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
F.
Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
§ 190-128 Residential Zone R-120.
A.
Purpose. The purpose of the R-120 Residential Zone is to permit low-intensity residential development within the Lake Topanemus Watershed area in order to minimize stormwater runoff and subsurface drainage pollution in accordance with the requirements of the Lake Topanemus Watershed Conservation District requirements.
B.
C.
Permitted accessory uses: same as R-R Zone.
D.
Uses permitted subject to issuance of a conditional use permit. (Reserved)
[Amended 5-13-2003 by Ord. No. O-03-11]
E.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-129 Residential Zone R-80.
A.
Permitted uses:
(1)
Farms.
(2)
Single-family dwellings.
[Amended 12-27-2005 by Ord. No. O-05-48]
(a)
On minimum lot size and yard area requirements: in accordance with Schedule C at the end of this chapter.
(3)
Public parks and playgrounds.
(4)
Public buildings.
(5)
Keeping of horses and ponies in accordance with § 190-125A(5) in the RR Zone District.
(6)
Houses of worship on principal arterial highways, minor arterial highways, major collector streets, minor collector streets and collector streets as defined and listed in the Circulation Plan Element of the Freehold Township Master Plan. Houses of worship shall be required to have a one-hundred-foot front yard setback and seventy-five-foot side yards, but otherwise shall be governed by the P-1 Zone in terms of other bulk standards, building coverage, impervious surface coverage and other site design standards.
[Added 6-17-2008 by Ord. No. O-08-11[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(6) as Subsection A(7).
(7)
Planned adult community. A planned adult community is permitted as an overlay zone on Block 96, Lots 22, 24, 25 and 26, east of Jackson Mills, north of Georgia Road, in accordance with a settlement agreement in the matter of Isaacs Estate et al. vs. Mayor and Township Committee of the Township of Freehold in accordance with the following:
(a)
General tract requirements.
[1]
The minimum gross tract area for a planned retirement community shall be 40 acres.
[2]
The development shall be serviced by public water supply and public sanitary sewer facilities.
[3]
The density of development in the PAC Overlay Zone District shall not exceed 1.9 units per gross acre and shall not exceed the following number of dwelling units: Lots 22 and 24: 75 dwelling units combined. If Lot 25 and/or Lot 26 are added to the PAC, additional PAC dwellings may be added as follows: Lot 25: 2 dwelling units, and Lot 26: 2 dwellings.
[4]
Not more than 20% of the entire tract shall be covered by buildings.
[5]
Not more than 40% of the entire tract shall be covered by impervious surface.
(b)
Building requirements. Only age-restricted single-family detached dwelling units and community facilities shall be permitted, and all residential lots shall conform to the following schedule:
[1]
Minimum lot area: 6,600 square feet.
[2]
Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
[Amended 4-24-2007 by Ord. No. O-07-9]
[3]
Minimum lot width: 55 feet at the front building setback line.
[Amended 4-24-2007 by Ord. No. O-07-9]
[4]
Minimum lot depth: 110 feet.
[5]
Minimum front setback line: 20 feet.
[6]
Minimum side yard: seven feet; driveways shall have a side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
[7]
Minimum rear yard: 20 feet. The projection of two feet or less of a fireplace or chimney shall not be deemed a violation of the rear yard requirements.
[8]
Maximum building height: 30 feet and two stories; the front elevation shall not give an appearance of greater than 1 1/2 stories.
[9]
Maximum impervious lot coverage: 60%.
[10]
Decks/patios: same as principal structures except rear yard setback: 10 feet.
[11]
Sheds: not permitted.
[12]
All PAC dwelling units shall, as a minimum, provide an attached one-car garage and a minimum 80 cubic feet of storage space in addition to standard closets.
(c)
Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational or community facilities for the exclusive use of its residents in accordance with the following standards:
[1]
Not less than 30% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowners’ association. The common open space may include man-made lakes. All critical areas on the site, including wetlands, floodplains and the like, shall be encompassed within the common open space provided.
[2]
There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building shall have a minimum floor area of at least 1,200 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building shall not exceed two stories or 35 feet in height.
[3]
Within the common open space, facilities shall be included for outdoor recreational use, storage and maintenance. These facilities shall include, as a minimum, a tennis court and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, paddle boat facilities, fishing areas, shuffleboard, bocce and horseshoe courts, other racquet sport courts, chipping and putting greens and other appropriate facilities.
[4]
The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
(d)
Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences or drainage facilities and utility structures, shall be located within 50 feet of any exterior tract boundary, and the outer 25 feet of the perimeter setback shall be designated as a landscape/conservation easement.
(e)
Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
[1]
Insure that the age restricted units qualify as “55 or Over Housing” within the meaning of the Federal Fair Housing Act (42 USC 3601 et seq.) and applicable United States Department of Housing and Urban Development Regulations. The age restrictive covenants shall be subject to review by the Township Attorney.
[2]
Garages shall not be converted to habitable space.
(f)
The PAC development shall comply with all applicable requirements of the New Jersey Residential Site Improvement Standards, the New Jersey Stormwater Management Regulations and the Americans with Disabilities Act.
(g)
The PAC development shall provide 12.5% of all units as affordable housing units in accordance with N.J.A.C. 94-1 et seq. and the provisions of Article XX, Affordable Housing.
(h)
Other ordinances. In the event of any conflict between the provisions and requirements of this subsection and the provisions and requirements of any other subsections, the provisions and requirements of this subsection shall govern.
B.
Permitted accessory uses: same as R-R Zone.
C.
Uses permitted subject to issuance of a conditional use permit:
(1)
Public schools.[2]
[Amended 1-29-2019 by Ord. No. O-19-3]
[2]
Editor's Note: Former Subsection C(1), Houses of worship, as amended 9-25-2007 by Ord. No. O-07-25, was repealed 6-17-2008 by Ord. No. O-08-11. This ordinance also renumbered former Subsection C(2) and (3) as Subsection C(1) and (2), respectively.
(2)
Accessory apartment.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-130 Residential Zone R-60.
A.
B.
Permitted accessory uses: same as for R-R Zone.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-131 Residential Zone R-40.
[Amended 5-13-2003 by Ord. No. O-03-11; 12-27-2005 by Ord. No. O-05-48; 9-25-2007 by Ord. No. O-07-25; 12-22-2009 by Ord. No. O-09-37]
A.
Purpose. The principal purpose of the R-40 Residential Zone is to permit the development of single-family housing units on individual lots, to provide for conditional uses compatible with single-family-home neighborhoods, and to permit long-term and nursing home facilities in designated R-40 Overlay Zones.
[Amended 12-22-2015 by Ord. No. O-15-25]
B.
Permitted uses:
(1)
Farms.
(2)
Single-family dwellings on minimum lot sizes in accordance with Schedule C.[1]
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
(3)
Public parks and playgrounds.
(4)
Purpose. The principal purpose of the R-40 Residential Zone is to permit the development of single family housing units on individual lots and to provide for conditional uses compatible with single family home neighborhoods.
(5)
Public buildings.
(6)
The keeping of horses or ponies (same as R-R Zone).
C.
Permitted accessory uses: same as R-R Zone.
D.
Uses permitted subject to issuance of a conditional use permit:
E.
Area, yard and building requirements for uses permitted in Subsection B above: as specified in Schedule C.[2],[3]
[Amended 12-22-2015 by Ord. No. O-15-25]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
[3]
Editor's Note: Original Subsection 18-38-2.1, Residential Zone R-40G, which immediately followed this section, was repealed by Ordinance No. O-99-6.
F.
R-40 Overlay Zone.
[Added 12-22-2015 by Ord. No. O-15-25]
(1)
Permitted uses:
(b)
Long-term-care and assisted-living residential facilities licensed by the New Jersey Department of Health in accordance with N.J.A.C. 8:39-1 et seq., Standards for Licensure of Long-Term-Care Facilities.
(c)
Nursing home facilities licensed by the New Jersey Department of Health in accordance with N.J.A.C. 8:33H-1 et seq., Certificate of Need: Policy Manual for Long-Term-Care Facilities.
(2)
Accessory uses:
(c)
Common parking areas.
(d)
Common storage structures and facilities subject to the same limitations and requirements as the principal structures.
(e)
Physical therapy facilities.
(f)
Entertainment facilities.
(g)
Libraries.
(h)
Food preparation facilities.
(i)
Dining facilities.
(j)
Linen service facilities.
(k)
Housekeeping service facilities.
(l)
Security facilities, administrative offices, ancillary office space, storage facilities, chapels, and facilities for the temporary lodging of patients or residents.
(3)
Area, yard and building requirements:
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage: 500 feet.
(c)
Minimum lot depth: 350 feet.
(d)
Maximum building height: four stories/50 feet.
(e)
Maximum building coverage: 20%.
(f)
Maximum floor area ratio: 0.35.
(g)
All buildings shall be set back a minimum of 90 feet from an existing public street right-of-way.
(h)
All buildings shall be set back a minimum of 40 feet from any property line within a residential zone.
(i)
All buildings shall be set back a minimum of 20 feet from a parking area (except for loading and unloading areas for persons and supplies).
(j)
Building height shall not exceed four stories or 50 feet.
(k)
Required planted screening. A planted screen area along the rear and side yards of the site adjacent to residential uses not less than 20 feet in width shall be provided containing evergreen and deciduous trees and shrubs planted in such a manner that will provide a visual screen throughout the entire year. Where an area required for a planted screen has existing plants and shrubs, it shall be left in its natural state to the greatest extent practicable, and existing vegetation shall be supplemented with additional plant material where deemed necessary.
(l)
Required planted screening areas shall be used for no other purpose than as a screen area. Structures which may be erected within a buffer area include fences, as elsewhere regulated in this chapter, stormwater management structures (including but not limited to basins, swales and related improvements), provided such facilities shall be suitably landscaped to be visually compatible and harmonious with the surrounding natural and/or planted screening areas. All nonpaved areas shall conform with Article XV, Fence and Buffer Regulations.
(m)
Parking spaces shall provide for a minimum of 1.25 parking spaces per peak-hour employee rates, including required handicapped parking spaces in accordance with the Americans with Disabilities Act.
§ 190-132 Residential Zone R-40/P.
§ 190-133 Residential Zone R-25.
A.
Permitted uses:
B.
Permitted accessory uses: same as for R-40 Zone.
[Amended 4-28-2009 by Ord. No. O-09-10; 12-22-2009 by Ord. No. O-09-37]
C.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-134 Residential Zone R-20.
A.
Permitted uses: same as for R-25 Zone.
B.
Permitted accessory uses: same as for R-25 Zone, except that:
[Amended 4-28-2009 by Ord. No. O-09-10; 9-24-2013 by Ord. No. O-13-30; 7-27-2021 by Ord. No. O-21-13]
(1)
Private garages shall not exceed a maximum of two automotive vehicles' capacity whether attached and/or within a freestanding building, which garaging area shall not exceed 24 feet by 24 feet or 576 square feet.
(2)
Gazebo, pergola, arbor or similar open structure shall not exceed 192 square feet in building area.
C.
Uses permitted subject to issuance of a conditional use permit: same as for R-25 Zone.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-135 Residential Zone R-15.
A.
Permitted uses: same as for R-25 Zone.
B.
Permitted accessory uses: same as for R-25 Zone, except that:
[Amended 4-28-2009 by Ord. No. O-09-10; 9-24-2013 by Ord. No. O-13-30; 7-27-2021 by Ord. No. O-21-13]
(1)
Private garages shall not exceed a maximum of two automotive vehicles' capacity whether attached and/or within a freestanding building, which garaging area shall not exceed 24 feet by 24 feet or 576 square feet.
(2)
Gazebo, pergola, arbor or similar open structure shall not exceed 192 square feet in building area.
C.
Uses permitted subject to issuance of a conditional use permit: same as for R-25 Zone.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
E.
Major subdivisions occurring after the time of adoption of this subsection and containing a total tract area of 15 acres or greater may reduce the following R-15 zoning requirements as shown in Schedule C – Area, Yard and Building Requirements:
[Added 3-29-2022 by Ord. No. O-22-4]
§ 190-136 Residential Zone R-12.
A.
Permitted uses: same as for R-25 Zone.
B.
Permitted accessory uses: same as for R-25 Zone, except that:
[Amended 4-28-2009 by Ord. No. O-09-10; 9-24-2013 by Ord. No. O-13-30; 7-27-2021 by Ord. No. O-21-13]
(1)
Private garages shall not exceed a maximum of two automotive vehicles' capacity whether attached and/or within a freestanding building, which garaging area shall not exceed 24 feet by 24 feet or 576 square feet.
(2)
Gazebo, pergola, arbor or similar open structure shall not exceed 192 square feet in building area.
C.
Uses permitted subject to issuance of a conditional use permit: same as for R-25 Zone.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-137 Residential Zone R-9.
A.
Permitted uses: same as for R-25 Zone, except mobile home parks are not permitted.
B.
Permitted accessory uses: same as for R-25 Zone, except that:
[Amended 4-28-2009 by Ord. No. O-09-10; 9-24-2013 by Ord. No. O-13-30; 7-27-2021 by Ord. No. O-21-13]
(1)
Private garages shall not exceed a maximum of two automotive vehicles' capacity whether attached and/or within a freestanding building which garaging area shall not exceed 24 feet by 24 feet or 576 square feet.
(2)
Gazebo, pergola, arbor or similar open structure shall not exceed 192 square feet in building area.
C.
Uses permitted subject to issuance of a conditional use permit: same as for R-25 Zone, except cemeteries are not permitted.
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-138 High Density Zone.
§ 190-138.1 HD-2 High Density Zone.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose. The purpose of the HD-2 High Density Zone is to provide a realistic opportunity for the construction of housing for persons and families of low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the Fair Housing Act. P.L. 1975, c. 222 (N.J.S.A. 52:270-301 et seq.) and in accordance with the settlement agreement dated November 8, 2019 in the matter of Freehold Township Docket No. MON-L-6026-08.
B.
Applicability. This zone shall apply to the "tract area" known as Block 41.01. Lot 5.03 and Block 41, Lots 5.04, 5.05 and 5.06 as shown on Sheets 13 and 14 the official Tax Map of Freehold Township.
[Amended 8-17-2021 by Ord. No. O-21-14]
C.
Resolution of conflicting provisions. Notwithstanding the provisions of any other ordinance to the contrary, the provisions of this section shall apply to development within the HD - 2 High Density Zone.
E.
Permitted accessory uses.
(1)
A single toolshed or similar storage building not exceeding 192 square feet in building area.
(4)
Outdoor barbecue structures.
(5)
Shelters for domestic pets, provided that the building area does not exceed 15 square feet.
(6)
Essential utilities.
(7)
On-site offices for leasing, management and maintenance operations.
(8)
Outdoor gathering and sitting areas, such as gazebos.
(9)
Outdoor, enclosed waste collection and recycling areas.
(10)
Services/amenity spaces for residents, including lobbies, computer rooms, recreation areas, libraries and similar types of facilities and services.
F.
Area, yard and building requirements.
(1)
Shall meet all area, yard and building requirements in Schedule C[1] for the High Density (HD) Zone with the following exceptions:
(a)
Minimum tract area: 10 acres of land.
(b)
Maximum permitted number of units: Maximum permitted number of units for the tract area is 272 units, which includes at least 30 affordable units pursuant to Subsection I.
(c)
Not less than 30% of the gross area shall be devoted to open green space.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
G.
Public utilities. The development shall have access to public utilities, including sanitary sewer and potable water facilities.
H.
Parking requirements:
(1)
Shall be in accordance with applicable N.J.A.C. 5:21 Residential Site Improvement Standards (RSIS) parking standards.
(2)
Parking shall be provided within close proximity to each building which it serves. Parking spaces shall be designated and located within a 300-foot radius of the building it serves.
(3)
Site plan submission to the Planning Board shall provide the parking area for each building.
I.
Low- and moderate-income housing requirements.
(1)
At least 30% of all new garden apartment units shall be affordable to low- and moderate-income households. At least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.
(2)
The low-, very-low- and moderate-income units may be located in existing or new buildings, at the developers' option.
(3)
All development shall comply with Article XX, Affordable Housing, et seq. at the end of this chapter.
(4)
Affordable units shall be restricted, regulated and administered consistent with the Township Affordable Housing Regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township Affordable Housing Ordinance. Units shall be income restricted for a period of at least 30 years from date of initial occupancy and controls may be extended at the sole discretion of the Township.
J.
Municipal cooperation. Freehold Township, and its various departments and professional staff, shall consider an application to the Township Planning Board in a manner that eliminates unnecessary cost generating features, consistent with N.J.A.C. 5:93-10.1 and 10.2. However, in no respects shall a burden of a private development be placed upon the taxpayers for legitimate features that are necessary to the health, safety and welfare of the public, as a result of this development.
§ 190-139 PC Planned Community.
The provisions of this section shall apply to those premises upon which preliminary site plan approval has been granted, i.e., a certain planned adult community development known as "Wemrock Farms."
A.
Permitted uses:
(1)
Townhouses, which may be on lots to be held in fee simple ownership in accordance with the requirements hereinafter set forth.
(2)
Patio homes, which may be on lots to be held in fee simple ownership in accordance with the requirements hereinafter set forth.
(3)
Condominiums.
(4)
Recreation centers and facilities.
(5)
Multifamily units.
(6)
Golf courses.
C.
D.
Development standards.
(1)
No building, structure or parking area shall be located closer than 100 feet from any exterior boundary line of the tract.
(2)
All streets, driveways and parking facilities shall be constructed in accordance with the standards set forth in this chapter with the following exceptions:
(a)
Collector streets shall be constructed with a base of bituminous concrete stabilized base mix SMI to a minimum thickness of five inches; collector streets shall have a surface course of FABC-1 bituminous concrete Mix #5 to a minimum thickness of two inches; further, the Township Engineer may determine that in specific locations a subcourse of Type 5 Class A road stone is required due to unsuitable subbase conditions. In those instances, said stone shall be installed at the locations and to the depths required by the Township Engineer.
(b)
All other streets, driveways and parking facilities shall be constructed in the following manner: A base of bituminous concrete stabilized base Mix SM-1 to a minimum thickness of four inches; a surface course of FABC-1 bituminous concrete Mix #5 to a minimum thickness of 1 1/2; further, the Township Engineer may determine that in specific locations a subcourse of Type 5 Class A road stone is required due to unsuitable subbase conditions. In those instances, said stone shall be installed at the locations and to the depths required by the Township Engineer.
(3)
There shall be no less than two square feet of floor space per dwelling unit provided in community recreational buildings. Such facilities shall be designated and equipped to meet the social and recreational needs of the anticipated residents.
(4)
Adequate landscaping shall be provided with the site plan and a landscaping plan shall be provided for each section and approved prior to construction.
(5)
Not less than 5% of the gross area of the tract shall be set aside and developed for outdoor recreation which land shall be computed as part of the open green area. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts or other appropriate facilities.
(6)
There shall be provided a safe and convenient system of walks between all sections accessible to all occupants.
(7)
Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas sufficient for the safety and convenience of the residents and shall be approved prior to construction.
(8)
Not less than 30% of the gross shall be devoted to open green area.
(9)
All utility services within the territorial area shall be underground in proper conduits or ducts insofar as possible and shall, where, applicable, be in accordance with the standards, terms, and conditions incorporated as part of the utilities tariff as the same are then on file with the New Jersey Board of Public Utilities; and shall, where applicable, comply with the latest regulations, standards and specifications established by any statute or ordinance of any state, local department or bureau applicable thereto. Written evidence of compliance with the above shall be submitted for each service utility.
E.
Approval procedure. Application and approval shall be by the site plan regulations contained in this chapter; provided, however, that where the developer proposes to construct townhouses or patio homes on individual lots to be held in fee simple ownership as permitted in this chapter, the developer shall also follow the procedures set forth in the chapter pertaining to approval of major subdivisions. The developer shall not be required to submit different maps or plats in order to secure such approval, provided that any maps submitted shall comply with the requirements of the ordinance pertaining to major subdivisions and the requirements of the New Jersey Map Filing Law.
F.
Building requirements.
(1)
Individually secured storage space for the occupant's use and storage space for equipment and supplies for the project operation and maintenance shall be provided in suitable locations within the project. Not less than 250 cubic feet shall be provided for each dwelling unit.
(2)
All buildings shall be provided with adequate heating and cooling systems to comply with state codes currently in effect.
(3)
Dwelling units may be one- and two-bedroom units. One-bedroom units shall have a minimum gross habitable floor area of 750 square feet and two-bedroom units shall have a minimum gross habitable floor area of 900 square feet.
(4)
Each dwelling unit shall have bath facilities, including as a minimum a lavatory, toilet, and bathtub or stall shower. The floor finish shall be impervious to water, have nonslip characteristics and slope inward. The threshold shall be flush with the floor.
(5)
Stall showers may include a built-in seat or bench or room enough for a bath stool.
(6)
Openable windows operated from across the bathtub will not be permitted.
(7)
All dwelling units shall contain heat and smoke detector units of a type and in accordance with the applicable Township ordinances.
(8)
Ventilation fans must be so controlled that they can be operated independently from the lighting. Convenient outlets in bedrooms shall be integrated with electric wall fixtures. No other convenient outlets will be permitted in the bathroom.
(9)
If heating, cooking or any other facility or equipment are to use any source of heat or energy other than electricity, then the distribution thereof shall be made from a common storage area through pipes; the storage and pipes shall be underground. There shall be separate meters for each dwelling unit and for each separate use of the common storage facility.
(10)
Small infirmaries, medical and first aid rooms to provide observation, minor treatment and short term nursing care of project residents and their guests may be built.
(11)
Where practical, self-service laundry facilities for the common use of the residents may be provided in a convenient location or locations.
G.
Other provisions and requirements.
(1)
Streets, driveways and parking areas shall be plowed free of snow for their full width or dimensions within six hours after the cessation of snowfall.
(2)
All water and sanitary systems and facilities shall be constructed and operated in accordance with Township ordinances and applicable rules and regulations of the Township Board of Health or the New Jersey Department of Health, whichever shall have jurisdiction. No individual wells or sewer disposal systems shall be permitted, and each building shall be serviced with utilities by a central supply or disposal system approved by the appropriate agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed. Separate water services and metering shall be provided for each dwelling unit.
(3)
As far as is practical, development of nonresidential uses and facilities shall proceed at the same rate as the dwelling units.
(4)
Other standards and conditions relating to the uses permitted and required in any building, structure or any area of the planned adult community facilities and services may be required as standards and conditions by the Planning Board, provided such conditions and standards further the purpose of this chapter and promote the health, safety or welfare of the residents of the Township, whether resident with the planned adult community, or not.
(5)
No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.
H.
Technical subdivisions permitted.
(1)
While subdivisions are not necessarily required for multiple family residence developments, it is recognized that the project to be developed pursuant to this subsection may be of such size as to make sectionalization by subdivision and different forms of ownership a practical necessity. The Township recognizes that technical subdivisions for such a project may be required for marketing and/or financing purposes. It is further recognized that the size of the development referred to in this subsection, as a practical necessity, may require the creation of recreational facilities for use of all of the unit owners with such owners owning their unit under different forms of ownership, thus further indicating the likelihood of a technical subdivision to meet such practical needs.
(2)
While the Township recognizes that any technical subdivision shall require the approval of the Planning Board, it also appears that any such subdivision will not modify or impact on the integrity of the development plan, and the Township hereby desires to state its intent that such subdivision be deemed "technical" in nature.
(3)
Accordingly, subdivisions of lands which are either to be conveyed to a homeowners' association and/or a community homeowners' association within the project referred to in this subsection or which consists of recreational facilities which, prior to the completion of the project, will be constructed or completed by developer and thereafter conveyed to a homeowners' association and/or a community homeowners' association, shall be permitted upon application being made therefor by the owner.
§ 190-140 PUD Planned Unit Development.
The intent of this zone is to regulate development in a planned unit development but to permit flexibility in design standards in order to promote creative design concepts for the development. It is further intended to provide a higher level of amenities and to provide for protected natural open spaces of the site.
A.
General location criteria. Any tract proposed to be developed as a planned unit development shall have the following locational characteristics and qualifications.
(1)
It shall have direct access and a minimum frontage of 400 feet on a major collector or a secondary arterial road as designated on the Township Master Plan of roads.
(2)
The amount of frontage on major roads shall be sufficient to provide not less than two distinct and direct means of access to the entire tract.
B.
Minimum size of development. The following tract size of a planned unit development shall be 75 acres and shall include the total land area within the boundaries designated for residential use, commercial and office use, open spaces, parking and driveways.
C.
Permitted uses. The following types of land uses are permitted within the planned unit development zone.
(1)
Semiattached single-family units (patio homes, duplex units) and townhouses.
(2)
Neighborhood commercial. General business activities, including such activities as retail sales, offices and banks, eating and drinking establishments and personal services.
(3)
Recreational facilities for the PUD residents, such as tennis courts, swimming pool, shuffle board and clubhouse.
D.
Open space. The minimum amount of open space to be designated within a planned unit development community shall be at least 20% of the gross acreage of the project.
E.
Area, height and setback requirements (semiattached single-family units and townhouses):
(1)
Lot size. A lot shall have a minimum area of 3,500 square feet with a minimum width of 20 feet at setback line and depth of 90 feet.
(2)
Height. No unit shall exceed 2 1/2 stories in height or 35 feet.
(a)
Front yard. Units shall have a minimum front yard requirement of 20 feet from the front property line.
(b)
Side yard. All units shall have a minimum side yard requirement of zero feet on one side and six feet on the other side, except that these requirements shall not apply to on-grade patios and fences.
(c)
Rear yard. All units shall have a minimum rear yard of 20 feet.
(3)
Minimum unit size. One- or two-bedroom units shall have a minimum gross habitable floor area of 1,000 square feet, and three-bedroom units shall have a minimum gross habitable floor area of 1,100 square feet.
F.
Development standards.
(1)
No residential building or structure shall be located closer than 50 feet from any exterior boundary line of the tract nor closer than 25 feet from any public road right-of-way or 30 feet from any internal collector road.
(2)
Off-street parking facilities shall be provided for all units and shall have a minimum of 2.0 spaces per dwelling unit, one of which may be enclosed as a garage. Visitor parking shall have a minimum of 0.5 spaces per dwelling unit. No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.
(3)
A community building shall be provided for social and recreational use of the residents and shall have floor space of no less than four square feet per dwelling unit.
(4)
Landscaping plans shall be provided at time of submission of preliminary plans.
(5)
Not less than 5% of the gross area of the tract shall be set aside and developed for outdoor recreation which land shall be included as part of the open green area, including but not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
§ 190-140.1 PUD-1 Planned Unit Development-1 Zone.
[Added 12-23-2014 by Ord. No. O-14-19; amended 8-17-2021 by Ord. No. O-21-14]
Purpose: The purpose of the Planned Unit Development-1 Zone is to provide a range of commercial, retail and multifamily and single-family residential uses to be designed for a single tract in accordance with a comprehensive plan with regard to the location of uses, buildings, parking, open space, vehicular and pedestrian circulation networks and related site improvements, including affordable housing to assist the Township in satisfaction of its third-round affordable housing obligation.
A.
Permitted uses.
(1)
Retail sales, pharmacies, and service stores, and garden centers, with and without drive-through facilities.
(2)
Retail stack/storage, wholesale clubs and garden centers, with and without drive-through facilities.
(3)
Personal service establishments.
(4)
Supermarkets, specialty food and food markets with seating areas for on-premises consumption and grocery stores, with and without drive-through facilities.
(5)
Restaurants, including fast food, drive-through restaurants, walk-up window and outside seating.
(6)
Office buildings for professional, executive or administrative purposes, and related business support services.
(7)
Medical offices, walk-in medical centers, diagnostic and testing facilities, physical therapy offices, and veterinary hospitals and offices.
(8)
Hotels and conference centers, which shall contain a minimum of 100 guest rooms, and which may also include ancillary restaurant, meeting, banquet, fitness and guest service and similar facilities.
(9)
Municipal and other governmental facilities.
(10)
Public utility installations and structures.
(11)
Banks, with or without drive-through facilities, financial institutions, insurance and real estate businesses.
(12)
Theaters, assembly halls, bowling alleys, sporting arenas, fitness, yoga and physical therapy centers, martial arts and dance studios, and other similar public recreation and entertainment facilities.
(13)
Child-care centers in accordance with N.J.S.A. 40:55D-66.6.
(14)
Gasoline filling stations, with and without convenience stores and/or drive-through facilities, which shall be permitted to operate on a twenty-four-hour basis.
(15)
Multifamily residential dwellings in residential or mixed-use buildings.
(16)
Single-family residential dwellings.
(17)
Townhouses.
B.
Permitted accessory uses in the PUD-1 Zone; same as for RMZ-1, § 190-158B, and including:
(1)
Gasoline filling stations as an accessory use to § 190-140.1A(2), provided that no repair work shall be permitted.
(2)
Leasing offices, clubhouses, and amenities, including, but not limited to, pools, maintenance sheds, cabanas, tot-lots, dog parks, basements, including storage, offices, amenity space, and utility rooms.
(3)
Electric vehicle charging stations.
(4)
Propane tank storage and exchange stations.
(5)
Solar facilities and/or panels.
(7)
Any other uses which are subordinate and customarily incidental to a permitted use, including leasing/sale centers, construction trailers and model homes.
C.
Required components of site plan application. A planned unit development shall include the extension of Trotter's Way from the Freehold Raceway Mall access at County Route 537 through the planned unit development to Route 9 southbound.
D.
General development plan.
(1)
Any developer seeking approval for a planned unit development shall submit a general development plan to the Planning Board, and the Planning Board shall approve such plan prior to, or simultaneously with, approving any preliminary subdivision or preliminary site plan.
(2)
Findings for planned unit development. Prior to approving a planned unit development, the Planning Board shall render the following findings and conclusions pursuant to N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65;
(b)
That the proposals for maintenance and conservation of the common open space, and the amount, location and purpose of such open space, are adequate;
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(3)
A general development plan shall include the following:
(a)
A general land use plan indicating the tract area and locations of the land uses to be included in the planned unit development. The total number of dwelling units and amount of nonresidential gross floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;
(b)
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned unit development and any proposed improvements to the existing transportation system outside the planned unit development;
(c)
An open space plan showing the proposed land area and location of land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of such lands;
(d)
A utility plan indicating the proposed location of sewage and water lines and setting forth the proposed method of controlling and managing stormwater on the site;
(e)
A stormwater management plan shall be provided in accordance with the current NJDEP rules and regulations, including the requirement for green infrastructure;
(f)
An environmental inventory, a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;
(g)
A community facility plan indicating the scope and type of supporting community facilities;
(h)
A housing plan outlining the number of housing units to be provided and the extent to which any affordable housing obligation assigned to the municipality pursuant to the New Jersey Fair Housing Act of 1985 (as amended) will be fulfilled by the development;
(i)
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;
(j)
A fiscal report describing the anticipated demand on municipal services and the school district to be generated by the planned unit development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection D(3)(k) below, and following the completion of the development in its entirety;
(k)
A proposed timing schedule in the case of a planned unit development whose construction is contemplated over a period of years, including the number of dwelling units and amount of nonresidential gross floor area to be included in each development phase, and any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and
(l)
A written agreement between the developer and the Township relating to the planned unit development.
(4)
Effect and duration of approval.
(a)
The planned unit development may be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or of any ordinance or regulation adopted pursuant thereto after the effective date of the approval. The general terms and conditions upon which the general development plan was granted may not be changed, unless application for modification is made by the developer and approved by the Planning Board pursuant to the requirements of this section.
(b)
The term of the effect of the general development plan approval may be determined by the Planning Board using the guidelines set forth in Subsection D(4)(c) below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned unit development.
(c)
In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
(5)
Modification of proposed schedule. In the event that the developer seeks to modify the proposed timing schedule (i.e., the term of the general development plan approval), such modification may require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(6)
Variations in location of land uses or increase in density or floor area ratio.
(a)
Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned unit development.
(b)
Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.
(7)
Amendment or revision of general development plan; allowable reductions within original approval.
(a)
Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approval by the Planning Board.
(b)
A developer, without violating the terms of the general development plan approval may, in undertaking any section of the planned unit development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%, without prior municipal approval.
(8)
Termination of approval upon completion of development. In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
E.
Development standards as applied to the entire planned unit development.
(1)
Individual lots may be developed without frontage on a public street, provided such lot has access to a public street by means of an improved roadway and that there exists a perpetual right of ingress and egress over said improved roadway in the form of a recorded permanent easement granting such access. The easement shall be reviewed and approved by the Planning Board Attorney and Township Engineer to insure there is adequate provision for future maintenance of such roadway, and that such roadway can accommodate fire trucks and other emergency vehicles.
(2)
There shall be a minimum 50-foot landscaped buffer separating commercial and residential uses on the same side of Trotter's Way. This separation does not apply between and among multifamily, commercial and/or mixed-use buildings, townhouses or perimeter of the development. Detention and retention basins as well as stormwater management structures shall be permitted in the landscape buffer.
(3)
The maximum impervious surface coverage within the planned unit development shall be 75% in the aggregate.
(4)
Nothing contained herein shall preclude and/or require the phasing of any section of the planned unit development subject to the discretion of the developer, provided it is otherwise consistent with the general development plan approved by the Planning Board.
(5)
The provisions set forth herein are applicable to the planned unit development. All other provisions of Chapter 190, Land Use, of the Freehold Township Code shall apply where specifically indicated as applicable herein. To the extent any ordinance standards conflict with the standards set forth herein, the standards herein shall govern. The following sections of the chapter are not applicable: § 190-160, SC Scenic Roadway Corridor Overlay Zone, § 190-189, Apartments, § 190-166, Landscaping and Buffer Regulations.
F.
Nonresidential development standards.
(1)
Maximum yield and use/size limitations. The total floor area of nonresidential development shall not exceed 375,000 square feet exclusive of any floor area devoted to hotel use.
(2)
Principal building setbacks.
(4)
Buffer requirements.
(a)
A minimum of ten-foot landscaped buffer shall be provided along the County Route 537, U.S. State Route 33, and Trotter's Way and extension rights-of-way, and may include a sidewalk and/or pedestrian path within the buffer.
(b)
A minimum of five-foot landscaped buffer shall be provided along Route 9, and may include a sidewalk and/or pedestrian path within the buffer.
(c)
A minimum ten-foot landscaped buffer shall be provided along any other property line along the perimeter of the planned unit development, and may include a sidewalk and/or pedestrian path within the buffer.
(d)
Buffer areas shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year. The Planning Board shall determine the interval of spacing between plants based upon the species of tree or shrub. In no event shall the species chosen take longer than five years to provide a continuous visual screen.
(e)
Evergreen and deciduous shrubs shall have a minimum height of three feet when planted.
(f)
The height of shrubs planted in a buffer area shall be measured from the ground level around the base of the shrub to the topmost part of the shrub, once the shrub has been properly planted in the ground.
(g)
Where an area required for a buffer is already wooded, it shall be suitably supplemented with trees, shrubs, grass and other landscaping materials to meet the intent of this section.
(5)
Off-street parking.
(a)
The minimum number of off-street parking spaces shall be as follows:
[1]
Retail sales and service stores, personal service establishments and wholesale clubs, office buildings, medical offices and medical uses, banks with or without a drive-through, fitness, yoga and physical therapy centers, martial arts and dance studios: 4.5 spaces per 1,000 square feet of floor area.
[2]
Supermarkets/specialty food stores: five spaces per 1,000 square feet of floor area.
[3]
Gasoline filling station with convenience store: one space for each 100 square feet of floor area devoted to the convenience store.
(b)
Residential uses in accordance with RSIS for individual residential uses except that driveways may be utilized for guest parking requirements;
(c)
Shared parking facilities. Shared parking spaces utilized by more than one user, which allows parking facilities to be used more efficiently, is encouraged. Shared parking may be applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas that vary by time of day, day of week, and/or season of the year.
[1]
Intent. The intent of shared parking facilities is to encourage the development of shared parking facilities and access in appropriate areas.
[2]
Application. Factors evaluated to establish shared parking arrangements should include operating hours, seasonal/daily peaks in parking demand, the site's orientation, location of access driveways, transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces and cooperation of adjacent owners. The feasibility of shared parking arrangements shall be considered for the following:
[3]
Parking calculation. The minimum number of parking spaces where shared parking strategies are proposed shall be determined by § 190-163 or a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. Where an applicant can demonstrate that fewer parking spaces would be necessary, a lower number may be allowed, provided that the applicant shows on the approved site plan how the required additional spaces could be added if necessary, without violating the impervious surface coverage requirements of this section.
[a]
Step 1. Determine the number of parking spaces that should be provided for each land use separately, in accordance with § 190-163, then add the parking spaces for the uses.
[b]
Step 2. Based on the hourly variation in parking demand, determine the average peak parking demand for the combined demand of all the uses in the development. Standardized data such as from the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved standards should be used to estimate hourly variations. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. This analysis may be needed for both weekdays and weekends, depending on the type of uses involved, and may need to consider seasonal peak periods. After determining the combined average peak parking demand using shared analysis, add 5% to the total.
[c]
Step 3. Compare the calculations of the two steps above, and the lesser of the two peak parking demands shall be used as the minimum number of parking spaces that need to be provided.
(e)
Parking spaces shall be a minimum of 9 1/2 feet by 19 feet and shall be striped with four-inch striping.
(f)
Aisles providing direct access to commercial use parking shall have a minimum twenty-five-foot-wide drive aisle.
(6)
Loading areas.
(a)
Every building erected for commercial purposes or any other use involved in the receipt or distribution of merchandise, materials, or supplies shall provide suitable off-street loading and unloading areas for the building. These do not apply to such activities as personal service establishments, professional offices, business offices and similar uses, provided that these activities and uses can demonstrate that they do not normally send or receive any materials or supplies by means of large trucks or by tractor-trailer.
(b)
No loading shall face any public street or internal access road (exclusive of on-site service roads) unless it is shielded, bermed, or otherwise four-season-buffered from view from such street/road.
(c)
Sufficient loading space shall be provided for a mixed-use, restaurant pads, and retail building at the side or rear of the building. A space shall measure at least 15 feet in width and 45 feet in length and a vertical clearance of at least 14 feet in height.
(d)
Wherever possible, access to truck loading spaces shall be separated from access automobile parking areas, particularly for any uses which require large volumes of trucking traffic.
(7)
Supplemental regulations for gasoline filling stations with convenience stores and drive-through facilities shall meet the following:
(a)
No pits, racks, or lifts shall be permitted out of doors, nor shall any repair work be performed out of doors.
(b)
Gasoline pumps shall be located at least 50 feet from any property line.
(c)
All fuel, oil, or similar volatile substances shall be stored as per National Fire Prevention Association standards.
(d)
Driveways shall be located a minimum of 50 feet from unsignalized street intersections (as measured between the driveway radius and the intersection radius) and a minimum of 100 feet from signalized street intersections. Driveways on the same side of a roadway shall be located a minimum of 25 feet apart as measured between each driveway's radius at point of tangency with the roadway. If a driveway is signalized, the distance to the nearest driveway (unsignalized) shall be 100 feet. Distance provided between a signalized driveway and street intersection(s) requires traffic analysis and shall conform to traffic engineering design standards. Driveways on opposite sides of a roadway shall be aligned where possible or, if offset, a minimum spacing of 100 feet shall be provided between driveway intersections or as determined by traffic study to include analysis of queuing and conflicting movements.
(e)
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
(f)
No building shall be erected nearer than 50 feet to any street line, and no structure including canopies shall be erected nearer than 50 feet to any front, side or rear property line.
(g)
Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
(h)
The sale, rental or lease of new or used vehicles shall be prohibited.
(i)
Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store or gas station building.
(j)
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
(k)
Convenience stores shall be permitted, provided that:
(l)
Any gasoline filling station, gasoline service station, gasoline filling stations with convenience stores dispensing gasoline and diesel fuel to the public shall have an appropriately sized emergency standby generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signs in the event of power outage for at least 18 hours. Separate convenience store facilities need not have an emergency standby generator system, to the extent that the facilities set forth herein have such a system.
G.
Residential development standards.
(1)
Maximum yield and size limitations.
(a)
The maximum number of residential dwelling units shall be 660. The following shall be the minimum and maximum number of units per residential type: maximum number of single-family residential dwelling units shall not exceed 90 with a minimum of 75 dwelling units; the maximum number of townhouses shall not exceed 260 with a minimum number of 200; the maximum number of multifamily units shall not exceed 400 with a minimum number of 300 units.
(b)
A total of 100 residential dwelling units shall be set aside and made available to the region's very-low-, low- and moderate-income households, (the "affordable units").
[1]
All affordable units shall be non-age-restricted family units and, except as specified herein, shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC'), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning less than 30% of the median income.
[2]
Further, the affordable units shall be subject to affordability controls of at least 30 years and affordable deed restrictions as provided for by UHAC, which may be extended by the Township.
[3]
The affordable units shall be reasonably integrated with the market units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) from the market units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market units.
[4]
The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the market units.
[5]
Construction of the affordable units shall be phased in compliance with N.J.A.C. 5:93-5.6(d).
(2)
Principal building setbacks.
(a)
From County Route 537 right-of-way: 50 feet.
(b)
From U.S. Route 9 right-of-way: 50 feet.
(c)
From State Route 33 right-of-way: 20 feet.
(d)
From right-of-way of Trotter's Way extension, including access ramps/jughandles: 25 feet.
(e)
From any other property line along the perimeter of the planned unit development: 20 feet.
(3)
Principal building height. The maximum height of any multifamily residential building shall be four stories and 65 feet, excluding architectural features.
(4)
Buffer requirements.
(a)
A minimum of ten-foot landscaped buffer shall be provided along the County Route 537, U.S. State Route 33, and Trotter's Way and extension rights-of-way, and may include a sidewalk and/or pedestrian path within the buffer.
(b)
A minimum of five-foot landscaped buffer shall be provided along Route 9, and may include a sidewalk and/or pedestrian path within the buffer.
(c)
A minimum ten-foot landscaped buffer shall be provided along any other property line along the perimeter of the planned unit development; a maximum eight-foot solid fence shall be provided along any other property line along the perimeter of the development.
(d)
Buffer areas shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year. The Planning Board shall determine the interval of spacing between plants based upon the species of tree or shrub. In no event shall the species chosen take longer than five years to provide a continuous visual screen.
(e)
Evergreen and deciduous shrubs shall have a minimum height of three feet when planted.
(f)
The height of shrubs planted in a buffer area shall be measured from the ground level around the base of the shrub to the topmost part of the shrub, once the shrub has been properly planted in the ground.
(g)
Where an area required for a buffer is already wooded, it shall be suitably supplemented with trees, shrubs, grass and other landscaping materials to meet the intent of this section.
(5)
Miscellaneous requirements for multifamily residential development.
(a)
An accessory parking structure may be permitted to serve the residential component of the planned unit development. Said structure shall not exceed 50 feet in height and shall be designed such that it is substantially wrapped by residential development to screen it from the remainder of the planned unit development and public viewshed. Such accessory parking structure shall provide multiple convenient access locations to the adjacent residential building(s).
(b)
Outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.
(c)
Single-story accessory garage structures shall be permitted, provided they are located a minimum 20 feet from any property line.
(d)
Multifamily buildings shall provide the opportunity for in individual on-site secured storage within the building.
(6)
Architectural design requirements for multifamily residential and mixed-use buildings.
(a)
Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the facade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roofline via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed-use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multifaceted roof shapes where appropriate to break up the roofline.
(b)
Building facade detailing.
[1]
Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless wall shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the facade area within multifamily residential buildings and shall occupy at least 25% of the facade area within mixed-use buildings.
[2]
Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a pasted-on appearance. Where buildings have tuck-under parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the facade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same facade materials and articulation as the multifamily residential buildings.
[3]
All major mechanical equipment located on the roof of a building shall be screened from view of all vantage points with a material harmonious to that used in the facade of the building.
(7)
Section 190-113, Appearance of buildings, shall apply.
(8)
Signs. All signs shall be permitted in accordance with Article XVII, Signs, except as modified herein.
(a)
Signs for retail, commercial and/or mixed-use buildings shall comply with the sign regulations in § 190-179C.
(b)
Each commercial use may have wall signs on the side and rear facade at 50% of the front facade wall sign if immediately adjacent to a public and private right-of-way and/or street.
(c)
The PUD may utilize on-site sales, marketing, leasing, decorative, informational signage pursuant to the requirements of § 190-179C(3).
(d)
No signs shall be permitted at the rear of the mixed-use building.
(9)
Single-family residential bulk standards.
(a)
Minimum lot area: 5,000 square feet (see Footnote 1 - Schedule C).
(b)
Minimum lot width at building line: 50 feet.
(c)
Minimum lot frontage: 50 feet.
(d)
Minimum lot depth: 100 feet.
(e)
Maximum lot coverage (all buildings): 40%.
(f)
Maximum lot coverage, accessory buildings: 10%.
(g)
Maximum lot coverage, all impervious surfaces: 65%.
(h)
Maximum building height: 35 feet.
(i)
Maximum building height story: 2 1/2.
(l)
Maximum size, accessory structures: 100 square feet.
§ 190-140.2 Planned Adult Community-3 (PAC-3).
[Added 4-23-2013 by Ord. No. O-13-15]
Purpose: The PAC-3 Planned Adult Community Zone is established in accordance with a settlement agreement in the matter of Land Bank-Freehold, Inc., v. the Township of Freehold Docket No.: MON-L-6026-08 of the Superior Court of New Jersey Law Division: Monmouth County.
The PAC-3 Zone shall permit only age-restricted housing units consisting of single-family detached, duplex, attached single-family and multifamily attached housing units and community amenities as provided for herein, subject to the following standards and requirements:
A.
General tract requirements.
(1)
The minimum gross tract area for a planned adult community shall be 33 acres.
(2)
The maximum gross density for the residentially zoned PAC-3 tract area is 6.0 dwelling units per acre.
(3)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(4)
The development shall have primary access and egress from U.S. Route 9. Such access may be supplemented by one or more controlled and limited emergency accessways from U.S. Route 9.
(5)
Not more than 25% of the entire tract shall be covered by buildings.
(6)
Not more than 40% of the entire tract shall be covered by impervious surface.
(7)
Residential units shall be age-restricted in accordance with the requirements of this section.
B.
Permitted uses:
(1)
Single-family detached age-restricted housing units.
(2)
Single-family attached age-restricted housing units.
(3)
Duplex age-restricted housing units.
(4)
Multifamily age-restricted housing units.
(5)
Recreation buildings and facilities for residents of the PAC.
(6)
Maintenance building and equipment storage yard for PAC-related services.
C.
Single-family detached lot requirements. Single-family lots shall conform to the following requirements:
(1)
Minimum lot area: 5,500 square feet.
(2)
Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3)
Minimum lot width: 55 feet at the front building setback line.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(7)
Minimum rear yard: 20 feet.
(8)
Maximum building height: 30 feet and two stories.
(9)
Maximum impervious lot coverage: 65%.
(10)
Decks/patios: same as principal structures, except rear yard setback: 10 feet. Sheds are permitted to be not greater than 80 square feet.
(11)
Single-family detached housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
D.
Single-family attached and duplex housing unit lot requirements. Single-family attached and duplex housing unit lots shall conform to the following requirements:
(1)
Minimum combined lot area: 9,000 square feet.
(2)
Minimum lot frontage: 90 feet for combined housing units and 45 feet for individual housing units; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3)
Minimum lot width: 90 feet for combined and 45 feet for individual housing units at the front building setback line.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line. Attached and duplex housing unit lots shall have a zero-foot shared lot line between the combined units.
(7)
Minimum rear yard: 20 feet.
(8)
Maximum building height: 35 feet and 2 1/2 stories.
(9)
Maximum impervious lot coverage: 65%.
(10)
Decks/patios: same as principal structures, except rear yard setback: 10 feet.
(11)
Sheds are permitted to be not greater than 80 square feet.
(12)
Single-family attached and duplex housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
E.
Multifamily building requirements. Multifamily buildings shall conform to the following schedule:
(1)
There shall be no more than six dwelling units in one building or structure.
(2)
No single building or structure shall exceed 210 feet in length along a linear plane.
(3)
Setback requirements:
(a)
Side to side: 15 feet.
(b)
Side to front: 15 feet.
(c)
Rear to rear: 25 feet.
(d)
Corner to corner: 20 feet.
(e)
Building to roadway: 15 feet.
(f)
Building to parking area: 10 feet.
(g)
Building to boundary of tract: 50 feet, except abutting existing single-family residential development, where a minimum of 75 feet shall be required.
(4)
Maximum building height: 40 feet and three stories, except buildings abutting existing single-family residential development, where a maximum of 35 feet and two stories shall be permitted.
(5)
Multifamily housing unit buildings abutting existing residential housing units shall provide a fifty-foot planted buffer/screening area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and the planted buffer/screening area to be maintained by the condominium homeowners' association or by the apartment owner/management company as applicable. The planted buffer area may be a separate lot or lots. The buildings in affected portions of the site plan abutting existing single-family residential uses shall be a minimum of 75 feet from the adjacent residential boundary, of which 25 feet shall be planted or visually screened from the adjacent single-family-home residential area.
F.
Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational and community facilities for the exclusive use of its residents, in accordance with the following standards:
(1)
Not less than 25% of the gross tract area shall be devoted to common open space, and such common open space shall be restricted, owned and maintained by a homeowners' association or, if rental units, by the apartment owner/management company. The common open space may include man-made ponds. All critical areas on the site, including wetlands, wetland transitional areas, floodplains and the like, shall be encompassed within the common open space provided.
(2)
There shall be not less than 10 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building or buildings shall have a minimum total floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the development residents. This facility or facilities may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall, rooms providing support facilities for outdoor recreation facilities or other similar facilities, as required to meet the needs of persons 55 years of age and older. The building(s) shall not exceed two stories or 35 feet in height. The building(s) shall meet the required off-street parking standards in accordance with this chapter.
(3)
Within the common open space, facilities shall be included for outdoor recreational use. These facilities shall include, as a minimum, a tennis court or a Bocce court and an in-ground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, shuffleboard and horseshoe courts and similar types of facilities.
(4)
The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
(5)
A homeowners' association administrative area within the community clubhouse or within a separate building shall be permitted.
(6)
A community maintenance and storage facilities shall be permitted. Such facilities shall be landscaped. Outdoor storage areas shall be fenced and visually screened with trees and shrubs.
(7)
Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, drainage facilities, utility structures and residential decks and/or patios with at least one wall contiguous with the principal building shall be located within 50 feet of any exterior tract boundary, and the outer 20 feet of the perimeter setback shall be designated as a landscape/conservation easement. Where the outer 20 feet of the nonroadway perimeter setback is landscaped with deciduous trees, evergreen trees and evergreen shrubs to effectively create a landscape visual screen/buffer to the adjoining properties, the fifty-foot perimeter setback may be reduced to 40 feet. If the contiguous property along the nonroadway perimeter boundary line is an environmentally sensitive area containing freshwater wetlands, streams, ponds, or floodplains that are deed restricted for conservation or open space purposes, the perimeter setback may be reduced one foot for every two feet of restricted area on the contiguous property; provided, however, that setback shall not be less than the required rear yard setback.
G.
Affordable housing units. Approval of a planned adult community shall be conditioned upon the provision of a twenty-percent inclusionary component of affordable low- and moderate-income housing units to be located on site. The development shall provide a minimum of 50% low-income and a maximum of 50% moderate-income housing units. Affordable housing units shall be distributed equitably throughout the development in accordance with the following:
(1)
When the PAC-3 is composed of one type of multifamily housing throughout the development, the affordable housing units shall be distributed equitably throughout the entire development.
(2)
When the PAC-3 is composed of a mix of single-family and multifamily housing, the affordable housing units may be located within the multifamily housing building, provided that not more than 40% of any one building shall contain affordable housing units.
(3)
When the PAC-3 is composed of single-family detached dwelling units, the developer may request that affordable housing units be located within single-family attached or duplex buildings comprising not more than two units. Such units shall be distributed equitably throughout the development.
H.
An application for a PAC-3 development shall include a plan showing the location and type of affordable housing units, including whether such housing unit is a low-income or moderate-income housing unit.
I.
Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
J.
Solar facilities. Rooftop solar facilities shall be permitted and shall conform with the requirements of Chapter 153, Laws of 2007, and Chapter 33, Laws of 2009,[1] pertaining to provision of solar facilities for residential developments, or other such state-wide standards as may be applicable at the time of the application for development.
[1]
Editor's Note: See N.J.S.A. 45:22A-48.2 and 52:27D-141.1 et seq., respectively.
K.
Sidewalks. Sidewalks shall be provided along U.S. Route 9. A sidewalk system within the PAC development shall be designed to interconnect residential housing units with internal recreation and other PAC community service facilities. The sidewalk system shall also provide access to the commercial/office development along the frontage of U.S. Route 9.
L.
Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
§ 190-140.2.1 PAC-3A Planned Adult Community-3A.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose: The PAC-3A Planned Adult Community-3A Zone is established in accordance with an amended settlement agreement in the matter of Land Bank Freehold, L.L.C., v. the Township of Freehold Docket No,: MON-L-6026-08 of the Superior Court of New Jersey Law Division: Monmouth County. The PAC-3A Zone applies to the rear portion of Block 71, Lot 8 (rear portion) as stipulated in the first amendment to settlement agreement dated November 8, 2019, and shall be for the "Plan B" option as stipulated in the agreement. The PAC-3A Zone shall permit only age-restricted housing units consisting of multifamily attached housing units and community amenities as provided for herein, subject to the following standards and requirements which shall expire one year from the date of the adoption of this section.
B.
General tract requirements.
(1)
The minimum gross tract area for a planned adult community shall be five acres.
(2)
The maximum gross density for the residentially zoned PAC-3A tract area is 20.0 dwelling units per acre.
(3)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(4)
The development shall have primary access and egress from U.S. Route 9 via easement, right-of-way or access drive. Such access may be supplemented by one or more controlled and limited emergency accessways from U.S. Route 9.
(5)
Not more than 30% of the entire tract shall be covered by buildings.
(6)
Not more than 70% of the entire tract shall be covered by impervious surface.
(7)
Residential units shall be age-restricted in accordance with the requirements of this section.
D.
Multifamily building requirements. Multifamily buildings shall conform to the following schedule:
(2)
Maximum building height: 40 feet and three stories.
(3)
Multifamily housing unit buildings abutting existing residential housing units shall provide a twenty-five-foot planted buffer/screening area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and the planted buffer/screening area shall be maintained by the condominium homeowners' association or by the apartment owner/management company as applicable. The planted buffer area may be a separate lot or lots.
E.
Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational and community facilities for the exclusive use of its residents, in accordance with the following standards:
(1)
Not less than 25% of the gross tract area shall be devoted to common open space. and such common open space shall be restricted, owned and maintained by a homeowners' association or, if rental units, by the apartment owner/management company. The common open space may include man-made ponds. All critical areas on the site, including wetlands, wetland transitional areas, floodplains and the like, shall be encompassed within the common open space provided.
(2)
Within the common open space, facilities shall be included for outdoor recreational use. These facilities shall include, as a minimum, a tennis court or a bocce court and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas and, walking, jogging and bicycle paths, shuffleboard and horseshoe courts and similar types of facilities. Such facilities within the common open space shall not be included in the impervious surface calculation.
(3)
A homeowners' association administrative area or leasing office within the community clubhouse or within a separate building shall be permitted.
(4)
A community maintenance and storage facilities shall be permitted. Such facilities shall be landscaped. Outdoor storage areas shall be fenced and visually screened with trees and shrubs.
(5)
Perimeter setback requirements. No buildings or structures, other than roadways, access drives, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, drainage facilities, utility structures and residential decks and/or patios with at least one wall contiguous with the principal building shall be located within 50 feet of any exterior tract boundary, and the outer 20 feet of the perimeter setback shall be designated as a landscape/conservation easement. Where the outer 20 feet of the nonroadway perimeter setback is landscaped with deciduous trees, evergreen trees and evergreen shrubs to effectively create a landscape visual screen/buffer to the adjoining properties, the fifty-foot perimeter setback may be reduced to 40 feet. If the contiguous property along the nonroadway perimeter boundary line is an environmentally sensitive area containing freshwater wetlands, streams, ponds, or floodplains that are deed restricted for conservation or open space purposes, the perimeter setback may be reduced one foot for every two feet of restricted area on the contiguous property; pro vided, however, that setback shall not be less than the required rear yard setback.
F.
Affordable housing units. Approval of a planned adult community shall be conditioned upon the provision of a 20% inclusionary component with a minimum of 23 affordable units distributed equitably throughout the development. Affordable units shall comply with UHAC, applicable affordable housing regulations (N.J.A.C. 5:93-1.1 et. seq.), any applicable order of the Court, and other applicable laws, including providing at least 13% of the units as very-low-income, as that term is defined by the New Jersey Fair Housing Act, P.L. 1975 c. 222 (N.J.S.A. 52:270-301 et seq.). This obligation includes, but is not limited to, developer obligations to comply with income split requirements, pricing requirements, candidate qualification and screening requirements and deed restriction and monitoring requirements.
G.
An application for a PAC-3A Zone development shall include a plan showing the location and type of affordable housing units, including whether such housing unit is a low-income, very-low-income, or moderate-income housing unit.
H.
Deed restrictions. Approval of a planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to ensure that the age-restricted units qualify as "55 or over housing" within the meaning of the Federal Fair Housing Act. The age-restrictive covenants shall be subject to review by the Township Attorney.
I.
Solar facilities. Rooftop solar facilities shall be permitted and shall conform with the requirements of N.J.S.A. 45:22A-43 et seq. and N.J.S.A. 52:27D-141.1 pertaining to provision of solar facilities for residential developments, or other such state-wide standards as may be applicable at the time of the application for development.
J.
Sidewalks. Sidewalks shall be provided along U.S. Route 9. A sidewalk system within the PAC development shall be designed to interconnect residential housing units with internal recreation and other PAC community service facilities. The sidewalk system shall also provide access to the commercial/office development along the frontage of U.S. Route 9.
K.
Roadway access. Roadway access shall be provided through a direct interconnection or via an easement, ROW, etc. to U.S. Route 9.
L.
Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
§ 190-140.3 Planned Adult Community-4 (PAC-4).
[Added 12-22-2015 by Ord. No. O-15-24]
Purpose: The Planned Adult Community-4 PAC-4 Zone is designed to permit a planned adult, age-restricted development consisting of single-family detached housing units and community amenities as provided herein, subject to the following standards and requirements:
A.
General tract requirements.
(1)
The minimum gross tract area for a planned adult community shall be 40 acres.
(2)
The maximum gross density for the residentially zoned PAC-4 tract area is 3.0 dwelling units per acre.
(3)
The development shall be serviced by public water supply and public sanitary sewer facilities.
(4)
The development shall have primary access and egress in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
(5)
Residential units shall be age restricted in accordance with the requirements of this section.
(6)
Not more than 20% of the entire tract shall be covered by buildings.
(7)
Not more than 40% of the entire tract shall be covered by impervious surface.
B.
Permitted uses:
(1)
Single-family detached age-restricted housing units.
(2)
Attached single-family and duplex age-restricted affordable housing units.
(3)
Recreation buildings and facilities for residents of the PAC-4.
(4)
Maintenance building and equipment storage yard for PAC-4 related services, including pump stations.
C.
Single-family detached lot requirements. Single-family lots shall conform to the following requirements:
(1)
Minimum lot area: 6,600 square feet.
(2)
Minimum lot frontage: 55 feet; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3)
Minimum lot width: 55 feet at the front building setback line.
(4)
Minimum lot depth: 120 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line.
(7)
Minimum rear yard: 20 feet unencumbered by deed-restricted conservation or planted buffer.
(8)
Maximum building height: 30 feet and two stories.
(9)
Maximum lot impervious coverage: 65%.
(10)
Decks/patios: same as principal structures, except rear yard setback: 10 feet.
(11)
Single-family detached housing unit lots abutting existing off-tract residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer, and the screening area shall be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If included within single-family lots, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted as a planted buffer.
D.
Single-family attached and duplex housing unit lot requirements for affordable housing units. Single-family attached and duplex affordable housing unit lots shall conform to the following requirements:
(1)
Minimum combined lot area: 9,000 square feet.
(2)
Minimum lot frontage: 90 feet for combined housing units and 45 feet for individual housing units; except that on a cul-de-sac or street with a curved alignment having an outside radius of 500 feet or less, lot frontage shall not be less than 75% of the required lot frontage. For corner lots, the smaller of the two lot lines coexistent with the street line shall be considered the lot frontage.
(3)
Minimum lot width: 90 feet for combined and 45 feet for individual housing units at the front building setback line.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front yard setback: 20 feet.
(6)
Minimum side yard: seven feet; driveways shall have a minimum side yard setback of five feet, except that on a cul-de-sac or street with a curved alignment, the side yard setback for the driveway may be reduced to two feet at the front lot line. Attached and duplex housing unit lots shall have a zero-foot shared lot line between the combined units.
(7)
Minimum rear yard: 20 feet.
(8)
Maximum building height: 35 feet and 2 1/2 stories.
(9)
Maximum impervious lot coverage: 65%.
(10)
Decks/patios: same as principal structures except rear yard setback: 10 feet.
(11)
Single-family attached and duplex housing unit lots abutting existing residential housing units shall provide a twenty-five-foot planted buffer area along the property abutting the existing residential housing units. The planted buffer shall be deed restricted as a planted buffer and screening area to be maintained by the homeowners' association and/or property owner. The planted buffer area may be a separate lot or lots. If attached to the single-family detached housing lot, the affected lots shall be a minimum of 125 feet in depth, of which 25 feet shall be deed restricted.
E.
Recreation and common elements. A planned adult community shall provide developed and undeveloped open space and common recreational and community facilities for the exclusive use of its residents, in accordance with the following standards:
(1)
Not less than 25% of the gross tract area shall be devoted to common open space. Common open space shall be deed restricted or owned by and shall be maintained by a homeowners' association. The common open space may include man-made ponds and existing ponds. All critical areas on the site, including freshwater wetlands, wetland transition areas, floodplains and slopes of 15% or greater shall be encompassed within either designated common open space areas or subject to a conservation easement preserving the critical area.
(2)
There shall be not less than 15 square feet of floor space per dwelling unit provided in a community or clubhouse building, which building or buildings shall have a minimum total floor area of at least 3,000 square feet. Such facility shall be designed and equipped to meet the social and recreational needs of the development residents. The facility or facilities may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, kitchen, social hall and rooms providing support facilities for outdoor recreation facilities or other similar facilities to meet the needs of adult residents. The community or clubhouse building(s) shall not exceed two stories or 35 feet in height. The building(s) shall meet the required off-street parking standard of one space per 350 square feet.
(3)
Within the common open space, facilities shall be included for outdoor recreational use. These facilities may include, as a minimum, a tennis court or a Bocce court and an in-ground swimming pool and their related improvements, such as parking, lighting and ancillary buildings, and may also include, by way of illustration and not limitation, picnic areas, walking, jogging and bicycle paths, shuffleboard and horseshoe courts and similar types of facilities.
(4)
The community clubhouse shall be operational on or prior to the issuance of certificates of occupancy for 50% of the approved residential units.
(5)
A homeowners' association administrative area and sales office within the community clubhouse or within a separate building shall be permitted.
(6)
Community maintenance and storage facilities shall be permitted. Such facilities shall be landscaped. Outdoor storage areas shall be fenced and visually screened with trees and shrubs.
(7)
Sidewalks. A sidewalk system within the PAC-4 development shall be provided and designed to interconnect residential housing units with internal recreation and other on-site community service facilities. The sidewalk system shall also provide access to the frontage of NJSH Route 33.
(8)
Perimeter setback requirements. No buildings or structures, other than roadways, access drives, entrance sign, walking, jogging and bicycle paths, walkways, entrance gatehouses, walls, fences, drainage facilities, utility structures and residential decks and/or patios with at least one wall contiguous with the principal building shall be located within 50 feet of any exterior tract boundary, except when the lot fronts on a cul-de-sac bulb or eyebrow bulb, the setback may be reduced to 25 feet. The outer 20 feet of the perimeter setback shall be designated as a landscape/conservation easement and may be included within the single lot area. Where the outer 20 feet of the nonroadway perimeter setback is existing preserved landscaping or is landscaped with deciduous trees, evergreen trees and evergreen shrubs to effectively create a landscape visual screen/buffer to the adjoining properties, the fifty-foot perimeter setback may be reduced to 40 feet. If the contiguous property along the nonroadway perimeter boundary line is an environmentally sensitive area containing freshwater wetlands, streams, ponds, or floodplains that are deed restricted for conservation or open space purposes, the perimeter setback may be reduced one foot for every two feet of restricted area on the contiguous property; provided, however, that setback shall not be less than the required rear yard setback.
F.
Deed restrictions. Approval of a PAC-4 planned adult community shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of the tract so developed to:
G.
Solar facilities. Rooftop solar facilities shall be permitted and shall conform to the requirements of N.J.S.A. 45:22A-48.2 and N.J.S.A. 52:27D-141.1 et seq., pertaining to provision of solar facilities for residential developments, or other such state-wide solar or alternative energy standards as may be applicable at the time of the application for development.
H.
On-site affordable housing units. Approval of a planned adult community shall be conditioned upon the provision of an inclusionary component of 15% affordable low- and moderate-income housing units to be located on site or off site as set forth above and/or in accordance with affordable housing requirements in effect through regulations adopted by the New Jersey Council on Affordable Housing (COAH), regulations established by statutory provisions and/or in accordance with a housing plan and affordable housing regulations approved by order of the Superior Court. On-site affordable housing development shall provide a minimum of 50% low-income and a maximum of 50% moderate-income housing units. Affordable housing units built on site shall be distributed equitably throughout the development. The developer may request that affordable housing units be located within single-family attached buildings comprising not more than two housing units. Such units shall be designed to be similar architecturally and compatible with nonaffordable housing units and shall be distributed equitably throughout the development. On-site affordable housing units shall be shown on a plan clearly identifying the location and type of on-site affordable housing units, including whether such housing unit is a low-income or moderate-income housing unit.
I.
Off-tract affordable housing.
(1)
A developer of age-restricted housing units may satisfy all or a portion of the applicable affordable housing obligation for the development through the purchase of an existing off-tract market-rate housing units at another location in Freehold Township and the conversion of such units to deed-restricted low- and moderate-income housing units in accordance with all of the relevant criteria set forth in the New Jersey Department of Community Affairs Uniform Housing Affordability Controls (U.H.A.C.) at N.J.A.C. 5:80-26.1 et seq. criteria, and all other regulations and policies controlling the creditworthiness of such units on the effective date of the final site plan approval. Such conversion can be accomplished through reconstruction, and/or a "buy-down/write-down program" controlling the creditworthiness of such units against the Township affordable housing obligation, provided that any affordable housing units so provided are deemed creditworthy against the Township obligation to provide additional affordable housing by a court of competent jurisdiction or by a state agency designated by law to do so. Any development in a planned adult community shall be in accordance with all applicable elements of applicable current laws, including, but not limited to, requirements regarding a phasing schedule, controls on affordability, low/moderate-income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution and affirmative marketing. An applicant shall only be entitled to satisfy its affordable housing obligation via one or more of the alternative off-tract mechanisms set forth above if the applicant first secures the written authorization of the Township Committee.
(2)
Before the execution of the final subdivision plat, the developer must submit to the Township of Freehold its plan as to the manner in which alternative mechanism(s) will be used to achieve the creation of the off-tract affordable residential units. The developer's proposal shall be in accordance with court. COAH or other designated state agency and New Jersey Department of Community Affairs Uniform Housing Affordability Controls (U.H.A.C.) at N.J.A.C. 5:80-26.1 et seq. criteria, regulations and policies or participation.
(3)
If the developer elects to provide affordable housing units off tract, certificates of occupancy for such housing units shall be issued within 10 years from the date of an approved developer's agreement.
(4)
The developer shall enter into a developer's agreement with the Township of Freehold and the Township Planning Board and shall post a performance bond or letter of credit as a guaranty for the provision of the off-tract affordable units off tract. The bond or letter of credit shall be posted prior to the recording of the subdivision plat or site plan for the development.
(5)
Full and complete satisfaction of all relevant affordable housing requirements of the development shall be a specific, automatic, essential and nonseverable condition of the land use approvals. Pursuant to this condition, the developer must demonstrate that it has satisfied the Planning or Zoning Board conditions of approval for affordable housing prior to obtaining the first building permit, and compliance with the affordable housing requirements shall be a continuing condition of all Planning or Zoning Board approvals for the development.
J.
Other ordinances. In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other subsections, the provisions and requirements of this section shall govern.
§ 190-140.4 Planned Adult Community-Affordable Housing Overlay (PAC-AHO).
[Added 1-24-2017 by Ord. No. O-17-1]
Purpose: The Planned Adult Community-Affordable Housing Overlay Zone is designed to permit a planned adult, age-restricted, affordable housing development consisting of multifamily housing units as an affordable housing development option on Lot 23 in Block 69.01, subject to the following standards and requirements:
A.
Permitted uses.
(1)
All uses permitted in the R-80 Zone.
(2)
Multifamily age-restricted affordable rental housing for those persons 55 years of age or older as permitted by the Federal Fair Housing Act of 1968[1] and Housing for Older Persons Act of 1995.
(a)
"Age-restricted housing" means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that:
[1]
All the residents of the development where the unit is situated are 62 years or older;
[2]
At least 80% of the units are occupied by one person that is 55 years or older; or
[3]
The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. §§ 3607.
(b)
Multifamily units shall be subject to the following development provisions:
[1]
The minimum gross tract area for a planned adult affordable housing community shall be seven acres.
[2]
The maximum gross density shall be 11 dwelling units per acre.
[Amended 12-19-2017 by Ord. No. O-17-17]
[3]
Minimum lot and yard dimensions.
[5]
Maximum floor area ratio: 0.60.
[8]
Off-street parking requirements.
[a]
Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls in accordance with N.J.A.C. 5:21, Residential Site Improvement Standards. Parking spaces for people with disabilities shall be in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) or the Americans with Disabilities Act,[2] as applicable.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[b]
As senior rental apartments are not a specific type listed within N.J.A.C. 5:21, Residential Site Improvement Standards ("RSIS") and as Table 4.4 (Parking Requirements) of the RSIS permits parking requirements which are commensurate with similar uses to be used, a minimum standard of one parking space per unit shall be required.
[c]
No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area or shall be included in the calculation of the number of parking spaces as described herein.
[9]
Signage. The setback for identification signs shall be 10 feet from the property line, and said identification signs may be double-sided, meaning the permissible square footage of signage shall be permitted for each side of the sign. Signage must be outside the sight triangle area as determined utilizing AASHTO guidelines.
[10]
Open space and recreational area requirement. Not less than 30% of the project site shall be devoted to private passive open space as defined in this chapter. Senior rental projects shall provide indoor common meeting rooms, exercise rooms and outside seating areas for the residents of the project.
[11]
A resident superintendent, although allowed, shall not be required for the development.
[12]
Apartments shall conform with New Jersey Housing Mortgage Finance Agency guidelines for closet and cabinet space.
[13]
The development shall be serviced by public water supply and public sanitary sewer facilities.
[14]
The development shall have primary access and egress in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B.
Permitted accessory uses.
(1)
On-site offices for leasing, management and maintenance operations.
(2)
Essential utilities.
(3)
Outdoor gathering and sitting areas, such as gazebos.
(4)
Maintenance and equipment sheds.
(7)
Outdoor waste collection and recycling areas enclosed and constructed of materials similar to the facade of the building.
(8)
Services for residents, including computer room, library, indoor common meeting rooms, exercise rooms, outside seating areas, office for visiting physician/professional and similar types of facilities and services.
E.
Other requirements. All housing units shall be age-restricted, to those persons 55 years of age or older as permitted by the Federal Fair Housing Act and the Housing for Older Persons Act of 1995 (HOPA). All development shall comply with the New Jersey Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq.; the applicable affordable housing requirements of the New Jersey Housing and Mortgage Finance Agency and Section 42 of the Low Income Housing Tax Credit regulations, provided, however, that all units shall be deed restricted as age-restricted affordable housing for a period of not less than 30 years.
F.
Notwithstanding the existing Township ordinances regarding site plan submissions and submission requirements, applications for site plan approval in the Planned Development — Affordable Housing Overlay Zone shall be permitted to submit the following items as a condition of final site plan submission rather than as part of the preliminary site plan submission:
(1)
Providing exterior material sample board for proposed buildings.
(2)
Environmental impact statement for projects in this zone shall be deemed satisfied by a summary letter from an environmental engineer detailing the general environmental conditions of the property, provided a valid wetlands letter of interpretation from the New Jersey Department of Environmental Protection is submitted along with either a preliminary assessment or Phase 1.
(3)
Application for sign permit.
(4)
Proof of application to the Monmouth County Planning Board.
(5)
Proof of application to the Freehold Soil Conservation District.
(6)
Proof of application to the New Jersey Department of Transportation.
(7)
Proof of application to the New Jersey Department of Environmental Protection for either stream encroachment permit or letter of interpretation.
(8)
Tree save and tree clearing plan per § 336-10. However, a heritage tree survey will be required as part of any preliminary application.
(9)
Proof of application to the Freehold Township Historic Preservation Committee.
(10)
Off-site drainage and utility plans.
(11)
Center line profiles of streets bordering the site, if required by the Township Engineer.
(12)
Full soil boring logs. Test pits shall be sufficient for preliminary applications.
(13)
Landscape plans. Applicants shall be required to provide preliminary landscaping plans as part of any preliminary application, which shall include the various species and the general planting locations; however, the full landscape plans, including final plant counts, shall not be required until submission of the final site plan application.
(14)
Tree removal permit. While projects for low- and moderate-income senior rental apartments shall be required to provide and apply for tree removal permits as part of their final submission, it is agreed, due to the nature of those developments, said projects shall be limited to a permit fee of $500 and not be required to make any restitution or repayments for the value of trees being removed, except as to heritage trees for which there will be a cap of $30,000.
G.
Governmental subsidies. The Township shall take such steps as are, in its reasonable opinion, reasonably necessary to assist the developer in obtaining state and/or federal subsidies for low- and moderate-income housing when such subsidies are sought by the applicant as a means to provide such housing. Nothing herein shall require the Township to expend any funds, other than funds it would typically incur in its ordinary course of business, to promote, support or provide any subsidies.
H.
Elimination of cost-generating features. It is further acknowledged that Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost-generating features from municipal land use ordinances. Accordingly, Freehold Township will eliminate development standards that are not essential in its reasonable opinion to protect the public welfare and to reasonably expedite or fast-track municipal approvals/denials on certain affordable housing developments.
§ 190-141 Mount Laurel Contribution Zone MLC-6.
A.
Developers of property in the MLC-6 Zone may develop the permitted use conditioned upon making a contribution to the Freehold Township Affordable Housing Fund pursuant to § 190-224; provided, however, that the minimum contribution shall not be less than the total contribution which would be generated from a development developed at a net density of six dwelling units per acre.
(1)
Single-family detached court dwellings.
B.
Development of the foregoing uses may be accompanied by the permitted accessory uses allowed in the ML-8 and ML-7 Zones.
C.
Development of townhouses, garden apartments and flats shall be in accordance with the following standards:
(1)
Maximum density: six dwelling units per developable acre. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2)
Minimum and maximum lot acres: same as for ML-8 and ML-7 Zones.
(3)
Minimum lot frontage on a public street: same as for ML-8 and ML-7 Zones.
(4)
Maximum lot: same as for ML-8 and ML-7 Zones.
(5)
Area, yard and building requirements: same as for ML-8 and ML-7 Zones. See Schedule C at the end of this chapter.
(6)
Maximum height: height in feet, 30; stories: two.
(7)
Off-street parking requirements: same as for ML-8 and ML-7 Zones.
(8)
Open space and recreational area requirements: same as for ML-8 and ML-7 Zones.
(9)
Required storage area or garage: same as for ML-8 and ML-7 Zones.
D.
Development of single-family detached court dwellings shall be arranged in groups around a common court and shall be in accordance with the following standards:
(1)
Maximum density: 4.0 dwelling units per developable acre. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2)
Minimum tract area proposed for development: 20 acres of developable land.
(3)
Maximum tract proposed for development: 100 acres of developable land.
(4)
Minimum tract frontage on a public street: 200 feet with a minimum of two access points from a public road.
(6)
Maximum lot impervious coverage: 40% except that an additional 3 1/2% shall be permitted solely for the installation of permitted patios and sheds.
(7)
Minimum lot frontage on a court: 20 feet.
(8)
Minimum lot frontage on the residential access street for a corner court lot: 70 feet.
(11)
Maximum building height: 28 feet.
(12)
Maximum building stories: two.
(13)
Minimum front yard depth from a court lot line: 20 feet.
(14)
Minimum front yard depth from a residential access street on a corner lot: 20 feet.
(15)
Minimum side yard: 10 feet, provided that a zero lot line setback will be permitted from one side line of an interior court lot so long as a maintenance easement, five feet in width, is provided on the adjoining lot to ensure access.
(16)
Minimum rear yard: 25 feet with this distance to be established and maintained from any one of the property lines that does not intersect a front property line on a residential access street or a court.
(17)
Maximum number of bedrooms: No dwelling unit shall contain more than three bedrooms. Dens, offices, or other spaces which can be utilized as bedrooms shall be counted as bedrooms.
(18)
Minimum pavement width of a court: 25 feet.
(19)
Access arrangement. Vehicular access to each dwelling unit shall be from a court, as shown in the diagram entitled "Residential Court Cluster," which provides access to a residential street improved to Township standards for local streets.[1] Residential driveways shall not outlet directly to the residential street and not more than five dwellings shall be grouped around and have access to a court. The area of the court shall be a common element of the development to be owned and maintained by the association established by the developer.
[1]
Editor's Note: The diagram is on file in the Clerk's office.
(21)
Required garage. Each dwelling unit shall have an attached two-car garage and driveway fronting upon the court. The driveway shall maintain a minimum paved width of 18 feet.
(22)
Open space and recreational area requirements. Common open space and recreation areas shall be established as required in the ML-8 and ML-7 Zone Districts. Recreation facilities shall include a minimum of 450 square feet of developable area (not to include wetlands, wetlands transition areas, floodplain, open space between buildings, buffer or conservation areas) per dwelling unit and shall include tot-lots and other active recreation conveniently located within the development and arranged to be easily accessible by residents.
(23)
Required perimeter buffer. A landscaped buffer shall be established around the perimeter of the tract to be developed. The buffer shall maintain a minimum width of 80 feet, and no residential building lot shall encroach into the buffer area. Open space and detention areas may be located within the buffer.
(24)
Block length. A block between interior residential access streets shall not exceed 1,200 feet in length without providing a cross street for vehicular and pedestrian movement.
(25)
Homeowners' association. The proposed homeowners association bylaws shall be submitted for review by the board in conjunction with the application for development, including common courts, drainage, detention basins, conservation areas, buffer areas, recreation areas, and other components of the cluster court development.
(26)
An open and unroofed patio not more than eight inches above ground level may extend into a required side or rear yard to within five feet of a side or rear property line. Such patios, if more than eight inches above ground level may extend to within 10 feet of a side or rear property line.
§ 190-141.1 ML-3 - Moderate- and Low-Income Housing Zone - 3 DU/Acre.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose. The purpose of this zoning district is to provide a realistic opportunity for the construction of housing for persons and families of low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:270-301 et seq.) and in accordance with the settlement agreement dated November 8, 2019 in the matter of Freehold Township Docket No. MON-L-6026-08.
B.
Permitted uses.
(1)
Dwelling, one-family.
(2)
Dwelling, two-family (or duplex), meaning a building designed for or occupied exclusively by two families living independently of each other. Two-family dwellings are to be constructed only for the purpose of providing a home for individuals or families that qualify for moderate-, low-, or very-low-income residences, in accordance with the current income limits established in conjunction with the Fair Housing Act.
C.
Permitted accessory uses.
(1)
A single toolshed or similar storage building not exceeding 150 square feet in building area.
(2)
Private swimming pools.
(3)
Playground equipment.
(6)
Outdoor barbecue structures.
(7)
Shelters for domestic pets, provided that the building area does not exceed 15 square feet.
(8)
Essential utilities.
D.
General tract requirements.
(1)
Maximum tract density: three dwelling units per gross acre of total tract area prior to subdivision and development, inclusive of areas to be dedicated as future open space, however, no more than 51 market-rate one-family dwellings and at least 12 affordable units in two-family dwellings shall be permitted.
(2)
Minimum tract area: 20 acres.
(3)
Minimum tract frontage on a public street: 500 feet with a minimum of two access points from public roads.
(4)
Not more than 65% of the entire tract shall be covered by impervious surface.
E.
Area, yard and building requirements.
(1)
Single-family dwellings.
(a)
Minimum lot size: 4.730 square feet.
(b)
Lot frontage (minimum): 43 feet.
(c)
Lot width at building line (minimum): 35 feet.
(d)
Lot depth (minimum): 110 feet.
(e)
Front yard setback (minimum): 25 feet.
(f)
Rear yard setback (minimum): 20 feet.
(g)
Side yard setback (minimum): 6.5 feet.
(h)
Accessory structure (side and rear yard) (minimum): three feet.
(i)
Building coverage (maximum): 45%.
(j)
Impervious coverage (maximum): 65%.
(k)
Accessory building coverage (maximum): 4%.
(l)
Principal building height (maximum): 2.5 stories/35 feet.
(2)
Dwelling, two-family.
(a)
Minimum combined lot size: 6,800 square feet in total for two units (one duplex structure).
(b)
Lot frontage (minimum): 30 feet.
(c)
Lot width at building line (minimum): 30 feet.
(d)
Lot depth (minimum): 110 feet.
(e)
Front yard setback (minimum): 25 feet.
(f)
Rear yard setback (minimum): 20 feet.
(g)
Side yard setback: zero feet (at common wall) and 6.5 feet.
(h)
Accessory structure (side and rear yard) (minimum): three feet.
(i)
Building coverage (maximum): 45%.
(j)
Impervious coverage (maximum): 65%.
(k)
Accessory building coverage (maximum): 3% (each unit).
(l)
Principal building height (maximum): 2.5 stories/35 feet.
F.
Public utilities. The development shall have access to public utilities, including sanitary sewer and potable water facilities.
G.
Parking and other site improvement requirements shall be governed by N.J.A.C. 5:21, Residential Site Improvement Standards (RSIS) parking standards.
H.
Open space requirement. Not less than the 20% of the gross tract area property shall be devoted to open space as defined in this chapter. All, or a portion, of the open space may be offered to Freehold Township for public ownership as part of the subdivision and approval process. Such dedication of open space shall be at the discretion of the governing body to decide if it is willing to accept said conveyance of open space for public use or conservation.
I.
Municipal cooperation. Freehold Township, and its various departments and professional staff, shall consider an application to the Township Planning Board in a manner that eliminates unnecessary cost generating features, consistent with N.J.A.C. 5:93-10.1 and 10.2, provided same features are not necessary to the health, safety and welfare of the public.
J.
The affordable housing units shall comply with the Township's Affordable Housing Ordinance, Except, that the settlement agreement concerning the Three Brooks Inclusionary Development ("the agreement") and this chapter shall control where a conflict exists with Article XX, Affordable Housing, § 190-217, et seq. of this chapter. The affordable units shall also comply with the New Jersey Fair Housing Act, COAH regulations and UHAC, except that the agreement shall control where a conflict exists.
§ 190-142 ML-8 and ML-7 Moderate- and Low-Income Housing Zones.
A.
Purpose. The purpose of the Moderate- and Low-Income Housing Zones is to provide a realistic opportunity for the construction of housing for persons and families of low and moderate incomes as required by the New Jersey Supreme Court in Southern Burlington County NAACP v. Twp. of Mt. Laurel, 92 N.J. 158 (1983) (Mount Laurel II) and by the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:27D-301 et seq.).
B.
Resolution of conflicting provisions. Notwithstanding the provisions of any other ordinance to the contrary, the provisions of this section shall apply to development within the Moderate- and Low-Income Housing Zones.
D.
Permitted accessory uses.
(1)
Outdoor barbecue structures.
(2)
Essential utilities.
(3)
Parks and playgrounds.
(4)
Maintenance and equipment sheds.
(7)
Outdoor waste collection and recycling areas enclosed and constructed of materials similar to the facade of the building.
[Added 3-25-2003 by Ord. No. O-03-3]
(8)
In senior apartment developments, services for residents including beauty salon and barbershop, gift and personal goods shop, computer room, library, and similar types of facilities and services.
[Added 3-25-2003 by Ord. No. O-03-3]
E.
Area, yard and building requirements.
[Amended 3-25-2003 by Ord. No. O-03-3; 5-25-2004 by Ord. No. O-04-16]
(1)
Maximum density. Seven dwelling units per developable acre within the ML-7 Zoning District and eight dwelling units per developable acre within the ML-8 Zoning District for townhouses and garden apartments and 15 dwelling units per acre in a ML-8 Zoning District for senior rental apartments. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2)
(3)
Minimum lot frontage on a public street: 200 feet with a minimum of two access points from public roads, one of which may be an emergency access road.
(4)
Maximum lot coverage: 40%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection E(1) above and not on the basis of individual buildings upon individual lots, e.g. townhouses.
(5)
Area, yard and building requirements.
(a)
Townhouses.
[1]
Front yard setbacks: 15 feet. Structure setbacks shall be measured from the property or lot lines, or from the sidewalk or curbline if there is no property or lot line.
[2]
Rear yard setback: 15 feet but not less than 50 feet between structures parallel to having window-to-window exposure.
[5]
Maximum number of townhouse units in one building or structure: 8.
(b)
Multifamily apartments.
[1]
No structure shall have more than 16 dwelling units.
[2]
No structure building shall exceed:
[a]
One hundred eighty feet in length along one linear plane;
[b]
Three hundred feet in length on two linear planes one of which shall not exceed 180 feet with an angle of 90° to 135°; and
[c]
Four hundred fifty feet in length on three linear planes two angles along the center line, provided that no single plane shall exceed 180 feet.
[3]
Setback requirements to roadways and parking areas.
[a]
Building to interior roadways: 15 feet or 75% of the height of the structure, whichever is greater.
[b]
Building to parking area: 10 feet or 50% of the height of the structure, whichever is greater.
[c]
Building to public exterior roadway: 50 feet or two times the height of the structure whichever is greater.
[d]
Building to perimeter tract boundary: 50 feet.
[4]
Minimum property standards for rear and side yards as established by U.S. Department of Housing and Urban Development within the project area. Lot lines shall be 1/2 the distance between structures for purposes of this section.
[a]
Yard space between exterior building walls and the adjacent lot line shall be measured perpendicular to the lot line opposite the building wall at all points. The minimum distance from the wall to the lot line is determined by the height of the wall in stories; the horizontal length of the wall from corner to corner; the type of wall.
[i]
The primary wall is that wall which contains the principal window(s) in a habitable room, except bedrooms and kitchen; and/or the main entrance to the dwelling when it directly faces a primary wall or another dwelling.
[ii]
The secondary wall is that wall which contains the window(s) of rooms for other than a primary wall as defined above.
[iii]
A windowless wall is that wall which contains no windows.
[b]
Minimum distance from building wall to lot line:
[i]
Primary wall: six feet plus two feet for each story (S) in height plus one foot for each 10 feet of length (L).
D = 6 + 2S + L/10 |
[ii]
Secondary wall: two feet plus one foot for each story (S) in height plus one foot for each 10 feet of length (L), minimum distance 5 feet.
D = 2 + S + L/10 |
[iii]
Windowless wall. Yard depth for a wall containing no windows, or only windows which do not involve loss of privacy for required interior space, shall be determined by individual design analysis.
[iv]
Retaining wall. The distance between a building wall with habitable room windows and a retaining wall with the top above the midpoint of the vertical height of the lowest window shall be a minimum of the appropriate primary and secondary wall distance (see above) treating the retaining wall as a lot line.
[c]
Vertical setback. Where the length of a wall is angled or set back six feet or more, the length (L) of each segment or plane is measured separately in determining the required yard depth.
[d]
Irregular wall. The length (L) of a curved or irregularly shaped wall is the shortest distance between the wall's end corners.
(7)
Off-street parking requirements.
(a)
Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls.
(b)
The minimum number of parking spaces shall be in accordance with the N.J.A.C. 5:21, Residential Site Improvement Standards. Parking for senior rental apartments may conform to the minimum standards of 0.5 parking spaces per unit as required for assisted living housing units.
(c)
No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.
(8)
Open space and recreational area requirement. Not less than the 30% of the project site shall be devoted to open space as defined in this chapter. Not less than 10% of a townhouse or multifamily housing site shall be designated for active recreation space such as swimming pool; club house; court sports; softball, baseball or field sports areas; tot-lots; picnic areas; and exercise areas. Senior rental projects shall provide indoor common meeting rooms, exercise rooms and indoor recreation areas and picnic, shuffleboard and other facilities suitable for the residents of the project. Parking areas for recreational areas shall be provided based upon the size of the facilities provided.
(9)
Governmental subsidies. Freehold Township shall take such steps as are necessary to assist the developer in obtaining state and/or federal subsidies for low- and moderate-income housing when such subsidies are sought by the applicant as a means to provide such housing.
(10)
Provisions specifically waived or modified within the moderate- and low-income housing zones.
(11)
Required storage area or garage. Each housing unit shall provide individual and secured storage facilities containing not less than 200 cubic feet. A private garage containing not less than 180 square feet may be substituted for the storage area requirement and would count as 1/2 parking space. Senior rental apartments shall conform with New Jersey Housing Mortgage Finance Agency guidelines for closet and cabinet space.
G.
Provisions for modified regulations for the ML 7 Moderate- and Low-Income Zone at Block 49 Lots 39 and 40.01 and a portion of Lot 42 in accordance with a consent order entered January 11, 1999, by the Superior Court of New Jersey, Law Division, Monmouth County and filed on January 14, 1999, applicable only to Planning Application 445-4-98 (known as "Avalon Manor") as follows: Lofts shall be permitted in up to 28% of the total number of dwelling units within the housing units approved by the Planning Board, but in no case more than 80 units. For purposes of this provision, a "loft" shall be defined as an intermediate-level floor between the floor and the ceiling of any story, provided that the aggregate floor area of the loft floor shall not exceed 1/3 of the total floor area of the room in which the loft is located. A loft a) shall be enclosed on no more than three sides with one side fully open to the room below; b) be prohibited from use as a bedroom; and c) shall be prohibited from use as a bathroom nor be permitted to have any installation of plumbing. An applicant seeking permission to construct a loft shall be required to provide in the written lease or deed of conveyance, as the case may be, for all units with lofts, provisions specifically prohibiting the use of the loft space as a bedroom, a bath or other use requiring plumbing, and enclosing more than three sides of the loft and further provided that such written lease or deed of conveyance, as the case may be, that a unit with a loft shall be subject to reasonable inspection from time to time by the Construction Code Official or Zoning Officer of the Township of Freehold to ensure full compliance with the provisions contained herein. A copy (or copies) of the deed restriction(s) shall be filed with the Planning Board and Township Attorney for their approval. A copy of the approved lease or deed of conveyance shall be filed with the Construction Code Official and Zoning Officer for every residential unit containing a loft.
§ 190-142.1 ML-10 - Moderate- and Low-Income Housing Zone - 10,000 Square Feet.
[Added 3-10-2020 by Ord. No. O-20-7; amended 4-25-2023 by Ord. No. O-23-7]
A.
Purpose. The purpose of this zoning district is to provide a realistic opportunity for the construction of family housing units (non-age-restricted) for persons and families of low-, very-low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the New Jersey Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:270-301 et seq.).
B.
Permitted uses.
(1)
Dwelling, one-family.
(2)
Dwelling, two-family (or duplex), meaning a building designed for or occupied exclusively by two families living independently of each other. Two-family dwellings are to be constructed only for the purpose of providing a home for individuals or families that qualify for moderate- or low-income residences, in accordance with the current income limits established in conjunction with the New Jersey Fair Housing Act.
C.
Permitted accessory uses.
(1)
A single toolshed or similar storage building not exceeding 150 square feet in building area.
(2)
Private swimming pools.
(3)
Playground equipment.
(6)
Outdoor barbecue structures.
(7)
Shelters for domestic pets, provided that the building area does not exceed 15 square feet.
(8)
Essential utilities.
D.
General tract requirements.
(1)
Maximum units: No more than 128 market-rate one-family dwellings and at least 32 affordable units in two-family dwellings shall be permitted.
(2)
Minimum tract area: 100 acres.
(3)
Minimum tract frontage on a public street: 500 feet with a minimum of two access points from public roads.
(4)
Not more than 65% of the entire tract shall be covered by impervious surface.
(5)
New building lots shall be set back a minimum of 35 feet from existing roadways.
(6)
New building lots shall be no closer than 15 feet from adjoining properties.
E.
Area, yard and building requirements.
(1)
Single-family dwellings.
(a)
Minimum lot size: 10,000 square feet.
(c)
Lot width at building line (minimum): 84 feet.
(d)
Lot depth (minimum): 120 feet.
(e)
Front yard setback (minimum): 25 feet.
(f)
Rear yard setback (minimum): 20 feet.
(g)
Side yard setback (minimum): 6.5 feet.
(h)
Accessory structure (side and rear yard) (minimum): three feet.
(i)
Building coverage (maximum): 45%.
(j)
Impervious coverage (maximum): 65%.
(k)
Accessory building coverage (maximum): 4%.
(2)
Principal building height (maximum): 2.5 stories/35 feet.
(3)
Dwelling, two-family.
(a)
Minimum combined lot size: 7,800 square feet in total for two units (one duplex structure).
(b)
Lot frontage (minimum): 32.5 feet.
(c)
Lot width at building line (minimum): 32.5 feet.
(d)
Lot depth (minimum): 120 feet.
(e)
Front yard setback (minimum): 25 feet.
(f)
Rear yard setback (minimum): 20 feet.
(g)
Side yard setback: Zero feet (at common wall) and 6.5 feet.
(h)
Accessory structure (side and rear yard) (minimum): three feet.
(i)
Building coverage (maximum): 45%.
(j)
Impervious coverage (maximum): 65%.
(k)
Accessory building coverage (maximum): 3% (each unit).
(l)
Principal building height (maximum): 2.5 stories/35 feet.
F.
Public utilities. The development shall have access to public utilities, including sanitary sewer and potable water facilities.
G.
Parking and other site improvement requirements shall be governed by N.J.A.C. 5:21, Residential Site Improvement Standards (RSIS).
H.
Open space requirement. Not less than the 20% of the gross tract area property shall be devoted to open space as defined in this chapter. All, or a portion, of the open space may be offered to Freehold Township for public ownership as part of the subdivision and approval process. Such dedication of open space shall be at the discretion of the governing body to decide if it is willing to accept said conveyance of open space for public use or conservation.
I.
Municipal cooperation. Freehold Township, and its various departments and professional staff, shall consider an application to the Township Planning Board in a manner that eliminates unnecessary cost generating features, consistent with NJAC 5:93-10.1 and 10.2, provided same features are not necessary to the health, safety and welfare of the public.
J.
Affordable units shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township's Affordable Housing Ordinance. Units shall be income restricted for a period of at least 30 years from date of initial occupancy and controls may be extended at the sole discretion of the Township.
K.
Scenic Corridor. Development within the zone shall be designed in a manner that does not require direct access to a designated scenic corridor, where practicable, and to otherwise mitigate impact on the Scenic Roadway Corridor Overlay Zone.
§ 190-142.2 MU-1 Mixed Use Overlay-1.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
The purpose of the MU-1 Mixed Use Overlay-1 is to provide for a mix of commercial and multifamily residential uses and provide for a realistic opportunity for the construction of housing for persons and families of low, very-low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1(2015)("Mount Laurel IV"), and in accordance with the Fair Housing Act, P.L. 1975, c. 222(N.J.S.A. 52:270-301 et seq.) and in accordance with the settlement agreement dated November 8, 2019 in the matter of Freehold Township Docket No. MON-L-6026-08. Nothing in this § 190-142.2 shall be construed to prohibit any use permitted by the underlying zone districts. The MU-1 Mixed Use Overlay-1 will allow the existing uses to continue as well as the current zoning standards should the property owners seek to utilize such provisions. However, in order to develop market-rate residential development, affordable housing must be created.
B.
Applicability. The MU-1 Mixed Use Overlay-1 shall apply to the tract area known as Block 80, Lots 4, 5, 6 and 7 as shown on the official Tax Map of Freehold Township. In addition to the underlying zoning district regulations of the tract area the MU-1 Mixed Use Overlay-1 regulations pursuant to this section shall also apply.
C.
Minimum tract size: five acres for development that includes mixed-use and/or multifamily residential buildings.
D.
Permitted principal uses.
(1)
Retail sales and service stores.
(2)
Restaurants, including fast-food restaurants and drive-through restaurants.
(3)
Specialty food and food markets with seating areas for on-premises consumption as provided herein.
(4)
Offices for professional, executive or administrative purposes, and related business support services.
(5)
Banks, financial institutions, insurance and real estate businesses.
(6)
Multifamily residential buildings.
(7)
Mixed-use buildings as permitted herein.
(8)
Child-care centers in accordance with N.J.S.A. 40:55D — 66.6.
E.
Permitted accessory uses.
(2)
Fences.
(3)
Parking, including for multifamily residential dwellings as provided herein.
(4)
Garbage storage and recycling enclosures.
(5)
Active and passive recreational facilities for residents, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, fitness and exercise areas and bicycle/walking paths.
(6)
Management office(s) for multifamily residential use.
(7)
Any other uses which are subordinate and customarily incidental to a permitted use.
F.
Location criteria.
(1)
No multifamily residential building shall be located within a distance of 200 feet from the rights-of-way of U.S. Route 9.
G.
Development standards.
(1)
The ground floor of any mixed-use building shall be used for any permitted principal use other than multifamily residential dwellings. No permitted principal use other than multifamily residential dwellings shall be located above the ground floor of any mixed-use building.
(2)
Food and specialty food markets shall have a minimum gross floor area of 8,000 square feet and shall provide a minimum of 25 seats for on-premises consumption.
(3)
The maximum permitted residential density, inclusive of any multifamily dwelling units that are within mixed-use buildings, shall be 12 units per acre as applied to the total tract area.
(4)
The maximum floor area ratio for all nonresidential uses, inclusive of any nonresidential floor area within mixed-use buildings, shall be shall be 0.10.
(5)
The maximum height of any building shall be three stories and 45 feet.
(6)
The maximum number of multifamily residential dwelling units in any single building shall not exceed 60. No multifamily residential or mixed-use buildings shall be more than 270 feet in length.
(7)
The maximum building coverage shall be 20%.
(8)
The maximum impervious coverage shall be 60%.
(9)
The minimum building setbacks shall be as follows:
(a)
From a state right-of-way: 100 feet.
(b)
From any abutting nonresidentially zoned property: 50 feet.
(c)
From any abutting residentially zoned property to multifamily residential development: 75 feet, except that said requirement shall be 50 feet from a detached single-story residential garage structure.
(d)
From any abutting residentially zoned property to nonresidential development: 150 feet.
(10)
The minimum number of off-street parking spaces for retail sales and service stores shall be four spaces per 1,000 square feet of floor area. For all other uses, the standards set forth in § 190-163 or as otherwise established in this section shall apply.
(11)
Any outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.
(12)
A minimum twenty-five-foot-wide landscape buffer strip shall be provided where multifamily residential development abuts a residential zone. A minimum seventy-five-foot-wide landscaped buffer strip shall be provided where nonresidential development abuts a residential zone. Said buffer zone shall comply with the standards set forth in § 190-166 and shall be permanently maintained along the property line abutting the residential zone.
(13)
Multiple uses and buildings are permitted within the development tract.
H.
Miscellaneous requirements for multifamily residential development.
(1)
Multifamily residential and mixed-use buildings shall contain one- or two-bedroom units only, except that a percentage of the affordable units shall be three bedrooms to comply with applicable regulations as referenced herein and in accordance with COAH and UHAC regulations.
[Amended 8-17-2021 by Ord. No. O-21-14]
(2)
Multifamily residential and mixed-use buildings shall provide indoor trash disposal and storage facilities.
(3)
The following recreational and related amenities shall be provided for residents: swimming pool, clubhouse, fitness center, lounge, media and game room and business center. Additional active and/or passive recreational facilities, including, but not limited to tennis courts, fitness and exercise areas and bicycle/walking paths may be required at the discretion of the Planning Board based upon the number of multifamily residential dwelling units proposed.
(4)
Parking for multifamily residential dwellings may be provided by means of any or all of the following: at-grade surface spaces; tuck under, below building spaces; spaces in detached, single-story garage structures.
(5)
No parking space intended to satisfy the off-street parking requirement for multifamily residential use within either a multifamily residential or mixed-use building shall be located more than 125 feet from said building.
(6)
Affordable housing requirements.
(a)
A minimum of 20% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for sale.
(b)
A minimum of 15% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for rent.
(c)
A minimum of 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.
(d)
The low-, very-low- and moderate-income units shall be constructed on site.
(e)
Affordable units shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township's Affordable Housing Ordinance. Units shall be income restricted for a period of at least 30 years from date of initial occupancy and controls may be extended at the sole discretion of the Township.
I.
Architectural design requirements for multifamily residential and mixed-use buildings.
(1)
Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the facade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roofline via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed-use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multifaceted roof shapes where appropriate to break up the roofline.
(2)
Building facade detailing.
(a)
Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless wall shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the facade area within multifamily residential buildings and shall occupy at least 25% of the facade area within mixed-use buildings.
(b)
Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a "pasted on" appearance. Where buildings have "tuck under" parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the facade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same facade materials and articulation as the multifamily residential buildings.
(c)
All major mechanical equipment located on the roof of a building shall be screened from view of all vantage points with a material harmonious to that used in the facade of the building.
§ 190-142.3 MU-2 Mixed Use Overlay-2.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose. The purpose of the MU-2 Mixed Use Overlay-2 is to provide a realistic opportunity for the construction of housing for persons and families of low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the New Jersey Fair Housing Act (N.J.S.A. 52:270-301 et seq.) and in accordance with the settlement agreement dated November 8, 2019 in the matter of Freehold Township Docket No. MON-L-6026-08. Nothing in this § 190-142.3 shall be construed to prohibit any use permitted by the underlying zone districts. The MU-2 Mixed Use Overlay-2 will allow the existing uses to continue as well as the current zoning standards should the property owners seek to utilize such provisions. However, in order to develop market rate residential development, affordable housing must be created.
B.
Applicability. The MU-2 Mixed Use Overlay-2 shall apply to the tract area known as Block 70.05, Lot 10 as shown on the official Tax Map of Freehold Township. In addition to the underlying zoning district regulations of the tract area the MU Mixed Use Overlay Zone-2 regulations pursuant to this section shall also apply.
C.
Minimum tract size: five acres for development that includes mixed-use and/or multifamily residential buildings.
D.
Permitted principal uses.
(1)
Retail sales and service stores.
(2)
Restaurants, including fast-food restaurants and drive-through restaurants.
(3)
Specialty food and food markets with seating areas for on-premises consumption as provided herein.
(4)
Offices for professional, executive or administrative purposes, and related business support services.
(5)
Banks, financial institutions, insurance and real estate businesses.
(6)
Multifamily residential buildings.
(7)
Mixed-use buildings as permitted herein.
(8)
Child-care centers in accordance with N.J.S.A. 40:55D — 66.6. Permitted accessory uses.
E.
Permitted accessory uses.
(2)
Fences.
(3)
Parking, including for multifamily residential dwellings as provided herein.
(4)
Garbage storage and recycling enclosures.
(5)
Active and passive recreational facilities for residents, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, fitness and exercise areas and bicycle/walking paths.
(6)
Management office(s) for multifamily residential use.
(7)
Any other uses which are subordinate and customarily incidental to a permitted use.
F.
Location criteria.
(1)
No multifamily residential building shall be located within a distance of 200 feet from any roadway.
G.
Development standards.
(1)
The ground floor of any mixed-use building shall be used for any permitted principal use other than multifamily residential dwellings. No permitted principal use other than multifamily residential dwellings shall be located above the ground floor of any mixed-use building.
(2)
Food and specialty food markets shall have a minimum gross floor area of 8,000 square feet and shall provide a minimum of 25 seats for on-premises consumption.
(3)
The maximum permitted residential density, inclusive of any multifamily dwelling units that are within mixed-use buildings, shall be 12 units per acre as applied to the total tract area.
(4)
The maximum floor area ratio for all nonresidential uses, inclusive of any nonresidential floor area within mixed-use buildings, shall be shall be 0.10.
(5)
The maximum height of any building shall be three stories and 45 feet.
(6)
The maximum number of multifamily residential dwelling units in any single building shall not exceed 60. No multifamily residential or mixed-use buildings shall be more than 270 feet in length.
(7)
The maximum building coverage shall be 20%.
(8)
The maximum impervious coverage shall be 60%.
(9)
The minimum building setbacks shall be as follows:
(a)
Front yard setback: 100 feet.
(b)
From any abutting nonresidentially zoned property: 50 feet.
(c)
From any abutting residentially zoned property to multifamily residential development: 75 feet, except that said requirement shall be 50 feet from a detached single-story residential garage structure.
(d)
From any abutting residentially zoned property to nonresidential development: 150 feet.
(10)
The minimum number of off-street parking spaces for retail sales and service stores shall be four spaces per 1,000 square feet of floor area. For all other uses, the standards set forth in § 190-163 or as otherwise established in this section shall apply.
(11)
Any outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.
(12)
A minimum twenty-five-foot-wide landscape buffer strip shall be provided where multifamily residential development abuts a residential zone. A minimum seventy-five-foot-wide landscaped buffer strip shall be provided where nonresidential development abuts a residential zone. Said buffer zone shall comply with the standards set forth in § 190-166 and shall be permanently maintained along the property line abutting the residential zone.
(13)
Multiple uses and buildings are permitted within the development tract.
H.
Miscellaneous requirements for multifamily residential development.
(1)
Multifamily residential and mixed-use buildings shall contain one- or two-bedroom units only, except that a percentage of the affordable units shall be three bedrooms to comply with applicable regulations as referenced herein and in accordance with COAH and UHAC regulations.
[Amended 8-17-2021 by Ord. No. O-21-14]
(2)
Multifamily residential and mixed-use buildings shall provide indoor trash disposal and storage facilities.
(3)
The following recreational and related amenities shall be provided for residents: swimming pool, clubhouse, fitness center, lounge, media and game room and business center. Additional active and/or passive recreational facilities, including, but not limited to tennis courts, fitness and exercise areas and bicycle/walking paths may be required at the discretion of the Planning Board based upon the number of multifamily residential dwelling units proposed.
(4)
Parking for multifamily residential dwellings may be provided by means of any or all of the following: at-grade surface spaces; tuck under, below building spaces; spaces in detached, single-story garage structures.
(5)
No parking space intended to satisfy the off-street parking requirement for multifamily residential use within either a multifamily residential or mixed-use building shall be located more than 125 feet from said building.
(6)
Affordable housing requirements.
(a)
A minimum of 20% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for sale.
(b)
A minimum of 15% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for rent.
(c)
A minimum of 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.
(d)
The low-, very-low- and moderate-income units shall be constructed on site.
(e)
All development shall comply with Article XX, Affordable Housing, et seq. at the end of this chapter.
(f)
Affordable units shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township's Affordable Housing Ordinance. Units shall be income restricted for a period of at least 30 years from date of initial occupancy and controls may be extended at the sole discretion of the Township.
I.
Architectural design requirements for multifamily residential and mixed-use buildings.
(1)
Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the facade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roofline via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed-use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multifaceted roof shapes where appropriate to break up the roofline.
(2)
Building facade detailing.
(a)
Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless wall shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the facade area within multifamily residential buildings and shall occupy at least 25% of the facade area within mixed-use buildings.
(b)
Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a "pasted on" appearance. Where buildings have "tuck under" parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the facade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same facade materials and articulation as the multifamily residential buildings.
(c)
All major mechanical equipment located on the roof of a building shall be screened from view of all vantage points with a material harmonious to that used in the facade of the building.
§ 190-142.4 MU-3 Mixed Use Overlay-3.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose. The purpose of the MU-3 Mixed Use Overlay-3 is to provide a realistic opportunity for the construction of housing for persons and families of low- and moderate-incomes as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:270-301 et seq.) and in accordance with the settlement agreement dated November 8, 2019 in the matter of Freehold Township Docket No. MON-L-6026-08. Nothing in this § 190-142.4 shall be construed to prohibit any use permitted by the underlying zone districts. The MU-3 Mixed Use Overlay-3 will allow the existing uses to continue as well as the current zoning standards should the property owners seek to utilize such provisions. However, in order to develop market-rate residential development, affordable housing must be created.
B.
Applicability. The mixed use overlay zone shall apply to the tract area known as Block 65.01, Lot 16 (part) and 17 as shown on the official Tax Map of Freehold Township. In addition to the underlying zoning district regulations of the tract area the MU 3 Mixed Use Overlay-3 regulations pursuant to this section shall also apply.
C.
Permitted principal uses.
(1)
Retail sales and service stores.
(2)
Restaurants, including fast-food restaurants and drive-through restaurants.
(3)
Specialty food and food markets with seating areas for on-premises consumption as provided herein.
(4)
Offices for professional, executive or administrative purposes, and related business support services.
(5)
Banks, financial institutions, insurance and real estate businesses.
(6)
Multifamily residential buildings.
(7)
Mixed-use buildings as permitted herein.
(8)
Child-care centers in accordance with N.J.S.A. 40:55D — 66.6.
D.
Permitted accessory uses.
(2)
Fences.
(3)
Parking, including for multifamily residential dwellings as provided herein.
(4)
Garbage storage and recycling enclosures.
(5)
Active and passive recreational facilities for residents, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, fitness and exercise areas and bicycle/walking paths.
(6)
Management office(s) for multifamily residential use.
(7)
Any other uses which are subordinate and customarily incidental to a permitted use.
E.
Location criteria.
(1)
No multifamily residential building shall be located within a distance of 200 feet from the rights-of-way of U.S. Route 9.
F.
Development standards.
(1)
The ground floor of any mixed-use building shall be used for any permitted principal use other than multifamily residential dwellings. No permitted principal use other than multifamily residential dwellings shall be located above the ground floor of any mixed-use building.
(2)
Food and specialty food markets shall have a minimum gross floor area of 8,000 square feet and shall provide a minimum of 25 seats for on-premises consumption.
(3)
The maximum permitted residential density, inclusive of any multifamily dwelling units that are within mixed-use buildings, shall be 12 units per acre as applied to the total tract area.
(4)
The maximum floor area ratio for all nonresidential uses, inclusive of any nonresidential floor area within mixed-use buildings, shall be shall be 0.10.
(5)
The maximum height of any building shall be three stories and 45 feet.
(6)
The maximum number of multifamily residential dwelling units in any single building shall not exceed 60. No multifamily residential or mixed-use buildings shall be more than 270 feet in length.
(7)
The maximum building coverage shall be 20%.
(8)
The maximum impervious coverage shall be 60%.
(10)
The minimum number of off-street parking spaces for retail sales and service stores shall be four spaces per 1,000 square feet of floor area. For all other uses, the standards set forth in § 190-163 or as otherwise established in this section shall apply.
(11)
Any outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.
(12)
A minimum twenty-five-foot-wide landscape buffer strip shall be provided where multifamily residential development abuts a residential zone. A minimum seventy-five-foot-wide landscaped buffer strip shall be provided where nonresidential development abuts a residential zone. Said buffer zone shall comply with the standards set forth in § 190- 166 and shall be permanently maintained along the property line abutting the residential zone.
(13)
Multiple uses and buildings are permitted within the development tract.
G.
Miscellaneous requirements for multifamily residential development.
(1)
Multifamily residential and mixed-use buildings shall contain one- or two-bedroom units only, except that a percentage of the affordable units shall be three bedrooms to comply with applicable regulations as referenced herein and in accordance with COAH and UHAC regulations.
[Amended 8-17-2021 by Ord. No. O-21-14]
(2)
Multifamily residential and mixed-use buildings shall provide indoor trash disposal and storage facilities.
(3)
The following recreational and related amenities shall be provided for residents: swimming pool, clubhouse, fitness center, lounge, media and game room and business center. Additional active and/or passive recreational facilities, including, but not limited to tennis courts, fitness and exercise areas and bicycle/walking paths may be required at the discretion of the Planning Board based upon the number of multifamily residential dwelling units proposed.
(4)
Parking for multifamily residential dwellings may be provided by means of any or all of the following: at-grade surface spaces; tuck under, below building spaces; spaces in detached, single-story garage structures.
(5)
No parking space intended to satisfy the off-street parking requirement for multifamily residential use within either a multifamily residential or mixed-use building shall be located more than 125 feet from said building.
(6)
Affordable housing requirements.
(a)
A minimum of 20% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for sale.
(b)
A minimum of 15% of the total residential units shall be reserved for affordable housing, if the affordable housing units are for rent.
(c)
A minimum of 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.
(d)
The low-, very-low- and moderate-income units shall be constructed on site.
(e)
Affordable units shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township's Affordable Housing Ordinance. Units shall be income restricted for a period of at least 30 years from date of initial occupancy and controls may be extended at the sole discretion of the Township.
H.
Architectural design requirements for multifamily residential and mixed-use buildings.
(1)
Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the facade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roofline via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed-use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multifaceted roof shapes where appropriate to break up the roofline.
(2)
Building facade detailing.
(a)
Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless wall shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the facade area within multifamily residential buildings and shall occupy at least 25% of the facade area within mixed-use buildings.
(b)
Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a "pasted on" appearance. Where buildings have "tuck under" parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the facade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same facade materials and articulation as the multifamily residential buildings.
(c)
All major mechanical equipment located on the roof of a building shall be screened from view of all vantage points with a material harmonious to that used in the facade of the building.
§ 190-142.5 ML-9 Moderate- and Low-Income Housing Zone.
[Added 4-27-2021 by Ord. No. O-21-9]
The following standards shall apply to development within the ML-9 Zone District. All other provisions of Chapter 190, Land Use, of the Freehold Township Code shall apply to development in the ML-9 Zone only where specifically indicated as applicable herein.
A.
Purpose. The purpose of the ML-9 Moderate- and Low-Income Housing Zone is to provide a realistic opportunity for the construction of housing for persons and families of low and moderate incomes as part of a mixed-income development, as required by the New Jersey Supreme Court in Southern Burlington County NAACP v. Twp. of Mt. Laurel, 92 N.J. 158 (1983) (Mount Laurel II) and by the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:27D-301 et seq.). and as required by the New Jersey Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV"), and in accordance with the Fair Housing Act, P.L. 1975, c. 222 (N.J.S.A. 52:270-301 et seq.).
B.
Permitted uses. In the ML-9 Zone, the following uses shall be permitted:
(2)
Permitted accessory uses. The following may be permitted as an accessory use:
(a)
Community building with offices for leasing, management and maintenance operations;
(b)
Outdoor barbecue structure, gathering and sitting areas;
(c)
Essential utilities;
(d)
Parks and playgrounds and shade structures (such as gazebos);
(e)
Maintenance and equipment sheds;
(g)
Signs, in accordance with the provisions set forth herein;
(h)
Outdoor waste collection and recycling areas enclosed and constructed of materials similar to the facade of the building;
(i)
Any use customary and incidental to a permitted principal use.
C.
Area, yard and building requirements.
(1)
Maximum density: Eight dwelling units per developable acre and a maximum of 60 units for townhouses and multifamily housing developments. Developable acres shall be determined consistent with requirements of Schedule C at the end of this chapter and footnotes thereto. See § 190-101.
(2)
Minimum lot area: Minimum lot area for townhouses and multifamily housing developments: Eight acres of developable land.
(3)
Minimum lot frontage on public street: 300 feet, with a minimum of two access points from public roads, one of which may be an emergency access road.
(4)
Maximum lot coverage: 50%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection C(1) above and not on the basis of individual buildings upon individual lots, e.g., townhouses. There shall be no maximum floor area ratio applicable to properties within the ML-9 Zone.
(5)
Setback to property or lot lines for buildings: 50 feet.
(6)
Scenic corridor buffer: 35 feet.
(7)
Additional area, yard and building requirements:
(a)
(b)
(c)
Notwithstanding anything to the contrary contained herein, parking, interior roadways, stormwater facilities and permitted accessory uses shall be permitted within required setbacks.
(9)
Off-street parking requirements:
(a)
Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls in accordance with N.J.A.C. 5:21, Residential Site Improvement Standards. Parking spaces for persons with disabilities shall be in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) or the Americans with Disabilities Act, as applicable.
(b)
No structure or portion of a structure constructed as a private garage or storage area shall be converted into living area.
(10)
Open space requirement. Not less than 30% of the development site shall be devoted to open space (as defined in this chapter). Notwithstanding the foregoing, any outdoor recreational space proposed as part of a residential development shall be counted towards the open space requirement.
(11)
Provisions specifically waived or modified within the ML-9 Zone.
(a)
The provisions of Article XVIII, § 190-189 et seq., are waived or modified as follows: Subsections A, B and E are waived. Subsection D is modified to permit the following minimum gross habitable floor areas as provided for in the New Jersey Housing and Mortgage Finance Agency's Selection, Underwriting and Financing Guidelines and Policy for new construction:
(c)
Rental unit registration. Chapter 257 shall not apply to any dwelling units developed pursuant to this section. Such dwelling units and the owners thereof shall not be subject to the fees pursuant to § 150-22. Notwithstanding the foregoing, upon issuance of a certificate of occupancy, each dwelling unit shall be registered with the Township, which registration shall be updated annually thereafter.
D.
Affordable housing requirements.
(1)
Except as otherwise specified in this section, developer or applicant shall comply with the Township's Affordable Housing Ordinances. Developer shall satisfy the affordable housing obligation required in connection with the project by setting aside at least 50% of all residential units developed for very-low-, low- and moderate-income households as described herein (the "affordable units").
(2)
All affordable units shall be non-age-restricted family rental units and shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC") and Section 42 of the Internal Revenue Code relative to Federal Low-Income Housing Tax Credits ("Section 42"), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning less than 30% of the median income. In the event of any conflict between the requirements of UHAC and Section 42, Section 42 shall control. The project, including the affordable units, shall substantially conform to the following bedroom distribution:
Income Level | Number of Units | ||
|---|---|---|---|
1 Bedroom | 2 Bedroom | 3 Bedroom | |
Very low income (811) | 5 | 0 | 0 |
Very low income (30% AMI) | 1 | 2 | 2 |
Low income (50% AMI) | 1 | 4 | 3 |
Moderate income (60% AMI) | 1 | 6 | 5 |
Market rate | 5 | 13 | 12 |
Total | 13 | 25 | 22 |
(3)
Further, the affordable units shall be subject to affordability controls of at least 30 years and affordable deed restrictions as provided for by UHAC, which may be extended pursuant to recorded deed of easement and restrictive covenant.
(4)
The affordable units shall be integrated with the market units to the extent possible, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) from the market units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market units. The residents of the affordable units shall have full and equal access to all the amenities, common areas, and recreation areas and facilities as the market units.
E.
Permitted signage. The following signs shall be permitted within the ML-9 Zone:
(1)
One freestanding, ground lit illuminated, double-sided sign, advertising the name and/or address of the residential development. The freestanding sign may not exceed 32 square feet in area and shall not exceed a height of eight feet from ground level. All freestanding signs shall be at least 25 feet from all buildings, and shall be setback at least 15 feet from any lot line. Signage must be outside the sight triangle area as determined utilizing AASHTO guidelines.
(2)
Two single-faced, freestanding, nonilluminated, temporary real estate signs of not more than 32 square feet for each sign; or, in lieu thereof, one double-faced sign of not more than 16 square feet of surface area for each face. Such sign or signs shall be permitted only in the case where it pertains to the lease or rental of the property on which it is located. No such sign shall be closer than 15 feet to any lot line. The overall height of each such sign shall not exceed a height of eight feet from ground level. Each such sign shall be removed upon the leasing or rental of the property.
(3)
Wayfinding signs, building identification signs, parking restriction and other community restriction signs shall be permitted throughout the ML-9 Zone.
F.
Application requirements.
(1)
Any application for development for any portion of the ML-9 Zone shall be submitted in accordance with the site plan submission requirements of Chapter 190, except as hereinafter set forth.
(2)
Notwithstanding other provisions of the Township Code regarding site plan submissions and submission requirements, applications for site plan approval in the ML-9 Zone shall be permitted to submit the following items as a condition of final site plan submission rather than as part of the preliminary site plan submission:
(a)
Providing exterior material sample board for proposed buildings.
(b)
Environmental impact statement for projects in this zone shall be deemed satisfied by a summary letter from an environmental engineer detailing the general environmental conditions of the property, provided a valid wetlands letter of interpretation from the New Jersey Department of Environmental Protection is submitted along with either a preliminary assessment or Phase 1.
(c)
Application for sign permit.
(d)
Proof of application to the Monmouth County Planning Board.
(e)
Proof of application to the Freehold Soil Conservation District.
(f)
Proof of application to the New Jersey Department of Transportation.
(g)
Proof of application to the New Jersey Department of Environmental Protection for either flood hazard area or freshwater wetlands permit or letter of interpretation.
(h)
Tree save and tree clearing plan per § 336-10. However, a heritage tree survey will be required as part of any preliminary application.
(i)
Proof of application to the Freehold Township Historic Preservation Committee.
(j)
Off-site drainage and utility plans.
(k)
Centerline profiles of streets bordering the site, if required by the Township Engineer.
(l)
Full soil boring logs. Test pits shall be sufficient for preliminary applications.
(m)
Landscape plans. Applicants shall be required to provide preliminary landscaping plans as part of any preliminary application, which shall include the various species and the general planting locations; however, the full landscape plans, including final plant counts, shall not be required until submission of the final site plan application.
(n)
Tree removal permit. While projects for low- and moderate-income rental apartments shall be required to provide and apply for tree removal permits as part of their final site plan application submission, it is agreed, due to the nature of those developments, said projects shall be limited to a permit fee of $500 and not be required to make any restitution or repayments for the value of trees being removed, except as to heritage trees for which there will be a cap of $30,000.
G.
Governmental subsidies. Freehold Township shall take such steps as are necessary to assist the developer in obtaining state and/or federal subsidies for low- and moderate-income housing when such subsidies are sought by the applicant as a means to provide such housing.
H.
Elimination of cost generating features. It is further acknowledged that Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from municipal land use ordinances. Accordingly, Freehold Township will eliminate development standards that are not essential in its reasonable opinion to protect the public welfare and to reasonably expedite or fast-track municipal approvals/denials on certain affordable housing developments.
§ 190-143 LTW Lake Topanemus Watershed District.
A.
Purpose. The purpose of the LTW Lake Topanemus Watershed District is to establish land use and development controls to maintain low density residential development and environmental controls within the watershed area in order to prevent pollution of surface drainage and subsurface water resources and to comply with Stipulation of Settlement in the matter of Joel Opatut Family Trust, Opatut L.P., H Plus E, L.L.C., and Broadway Estates v. Township of Freehold and Township Committee of the Township of Freehold, Docket No. MON-L-5766-97.
B.
Special requirements and best management practices for land development within the Lake Topanemus Watershed District. Development within the Lake Topanemus Watershed District requires special setbacks from tributaries and intermittent streams draining to McGellaird's Brook and Lake Topanemus for septic systems, structures and impervious surfaces from streams, intermittent streams, soils with a shallow depth to water table slopes of 10% or greater, and soils with rapid percolation and drainage. Development within this district is required to utilize best management practices in terms of grading and development to maintain and enhance surface and subsurface drainage and water quality, protection of natural stream and intermittent stream corridors and drainageways through planting and reforestation with native vegetation and design of development to minimize adverse impacts on the streams and intermittent streams within and adjacent to the district.
[Added 3-25-2003 by Ord. No. O-03-5]
C.
Permitted uses: single-family dwellings.
D.
Permitted accessory uses: same as R-R except farm storage sheds and barns.
E.
Area, yard and building requirements: as specified for the R-25 Zone in Schedule C at the end of this chapter.
F.
Stipulation of settlement requirements for properties included in the Matter of Opatut et al. cited in Subsection A above.
(1)
Maximum number of building lots. The maximum number of building lots shall not exceed 165 single-family detached building lots in accordance with the Stipulation of Settlement in the matter of Joel Opatut Family Trust, et al., v. Township of Freehold, Docket No. MON-L-5766-97.
(2)
Development option. Single-family detached residential development in this district may develop in accordance with the area, yard and building requirements of the R-25 Residential Zone as contained in Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter, provided the development is developed in accordance with the Stipulation of Settlement and does not exceed the number of lots permitted in the Stipulation of Settlement. The Planning Board shall have the fight to grant variable lot provisions to a subdivision in this district. Development within this district shall be designed to protect and enhance the surface and subsurface water quality of streams and tributaries and intermittent streams in accordance with best management practices for stormwater and drainage design and in accordance with subdivision design standards promulgated by the New Jersey Residential Site Design Standards (N.J.A.C. 5:21 et seq.)
§ 190-144 Commercial Zone B-2.
A.
Permitted uses:
(1)
General business activities, including such activities as retail sales, offices and banks, eating and drinking establishments and personal services.
(2)
Building material supply and sales, including such activities as lumber yards, mason materials, storage and sales, plumbing and electrical service and sales and similar storage and wholesale and retail sales designed to supply and service construction and building activities.
(3)
Contractors' shops and offices.
(4)
Small repair and machine shops generally employing fewer than 10 persons; and custom shops primarily engaged in the production of articles or products to be sold at retail on the premises.
(5)
Commercial laundries and dry cleaners, provided that any commercial laundry shall be connected with a public sewage disposal system.
(6)
Extension and commercial schools.
(7)
Animal hospitals and shelters.
(8)
Public utility garages and storage facilities.
(9)
Printing shops.
(10)
Public utility installations.
(11)
Automotive repair and maintenance (NAICS 8111).
[Added 12-27-2011 by Ord. No. O-11-32]
C.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
D.
Uses permitted subject to issuance of a conditional use permit:
§ 190-145 Commercial Zone B-10 Highway Development.
[Amended 6-17-2008 by Ord. No. O-08-11; 9-9-2014 by Ord. No. O-14-12; 1-29-2019 by Ord. No. O-19-3; 4-8-2025 by Ord. No. O-25-11]
A.
Permitted uses:
(1)
Office buildings for professional, executive, engineering or administrative purposes, including medical uses not otherwise prohibited.
(2)
Banks, retail stores and shops, provided that no exterior storage or sales of building materials shall be permitted.
(3)
Personal service establishments.
(4)
Restaurants, cafes and coffee shops. Fast-food restaurants shall not be located nearer than 3,000 feet from one another, except that this provision shall not apply to fast-food restaurants located within shopping centers. Family-style restaurants without liquor licenses with video interactive games and/or child entertainment centers with or without video interactive games shall be permitted subject to the following design standards:
(a)
Minimum floor area devoted to an individual family style restaurant or child entertainment center use: 2,500 square feet.
(b)
Minimum floor area for each restaurant where two or more family-style restaurants are located in the same building: 2,500 square feet.
(c)
Minimum number of seats is 125.
(d)
No separate take-out service area is permitted.
(e)
No drive-up windows are permitted.
(f)
Video interactive devices, video games, and children entertainment uses in conformance with Chapter 75, Article II, § 75-19, provided that the area used for such uses shall not reduce the minimum required restaurant floor area and shall not exceed 25% or 1,000 square feet of the total floor area of a family-style restaurant, whichever is less.
(g)
In any child entertainment center the area which contains video interactive games shall not exceed 7,500 square feet and the total area devoted to food service and party rooms shall not exceed 20% of the total floor area of the child entertainment center.
(5)
Shopping centers comprised only of uses permitted in this zone.
(6)
Wholesale business and distributors.
(7)
Passenger bus stations.
(8)
Research laboratories and light industries for the manufacture of products which may be produced without the creation of objectionable or detrimental effects on any other properties, subject to the performance requirements and specifications as hereinafter set forth in this chapter.
(9)
Horse racetracks, horse racecourses, and premises wherein pari-mutuel wagering is permitted by the state.
(10)
Municipal facilities.
(11)
Extension and commercial schools.
(12)
Public utility installations.
(13)
Fitness and recreational sports centers (NAICS 713940).
(14)
Bowling centers (NAICS 713950).
(15)
Other indoor recreational facilities including dancing schools, gymnastic and cheerleading centers, miniature golf, target golf, archery centers, skateboard parks and similar types of indoor recreational activities and/or instruction.
B.
Permitted accessory uses:
(1)
Storage buildings and garages, provided that it can be demonstrated to the satisfaction of the reviewing board that such accessory buildings are necessary to the successful operation of the principal use on the premises, and that a definite economic hardship or a health or safety hazard would be created if such accessory building were not permitted; and further provided that no accessory building be used for sale purposes of any nature.
(2)
Signs.
(3)
Fences.
(4)
Dance halls only as an accessory to premises licensed to dispense alcoholic beverages for on-premises consumption.
D.
Area, yard and building requirements.
(1)
As specified in Schedule C at the end of this chapter provided; however, that for shopping centers containing 200,000 square feet or more of contiguous gross leasable floor area located on a site of not less than 10 acres for which preliminary and final site plan approval for the overall development has been obtained from the municipal agency, the approved site plan parcel of property may be subdivided into lots having minimum dimensions as follows and subject to the conditions contained herein:
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot dimensions, lot width and depth: 100 feet each.
(c)
Maximum lot coverage: up to 100% total of principal and accessory buildings combined.
(d)
Minimum yard depths: zero feet for principal and accessory buildings.
(e)
Minimum width , buffer zone: 25 feet.
(f)
Minimum size of principal building in square feet: 80,000 square feet total.
(2)
The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:
(a)
All requirements of the preliminary and final site plan approval other than as provided for above shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided; and
(b)
Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.
(c)
All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the subdivided parcel shall continue to apply; and so long as common usage easements or agreements that will be recorded are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.
(d)
All off-street parking, loading and unloading requirements that apply to the unsubdivided parcel's approved final site plan pursuant to Article XIV, § 190-162 et seq., of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as common usage easements or agreements that will be recorded are made a condition of approval.
§ 190-146 Corporate Multi-Use Development Zones CMX-10, CMX-4, CMX-3 and CMX-2.
[Amended 9-25-2007by Ord. No. O-07-2511-20-2007 by Ord. No. O-07-29; 6-17-2008 by Ord. No. O-08-11; 12-16-2008 by Ord. No. O-08-33; 3-17-2009 by Ord. No. O-09-3; 6-29-2010 by Ord. No. O-10-11; 6-26-2012 by Ord. No. O-12-15; 3-24-2015 by Ord. No. O-15-4; 3-10-2020 by Ord. No. O-20-7; 4-8-2025 by Ord. No. O-25-11]
A.
Purpose. The CMX Zones are intended to establish areas favorable to the location of businesses, offices and ancillary business service uses within planned development environments with compatible building designs and architectural facades and materials, efficient lot layout and circulation systems, and aesthetically coordinated and well designed site and landscape features.
B.
Permitted uses. Permitted uses are limited to those included in the North American Industrial Classification System (NAICS) group or classification indicated. NAICS codes are based on North American Industrial Classification Manual of 1997 approved by the United States Office of Management and Budget:
(1)
Finance and insurance offices (NAICS 52).
(2)
Real estate (NAICS 531) except lessors of mini-warehouses and self-storage units (NAICS 53113).
(3)
Cable and other pay television services (NAICS 51322) but not including wireless telecommunications towers and antennas.
(4)
Professional, scientific, and technical services (NAICS Sector 54), including medical uses not otherwise prohibited.
(5)
Business services limited to:
(a)
Professional, scientific, and technical services (NAICS 54).
(b)
Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (NAICS 5222).
(c)
Personnel supply services (NAICS 446).
(d)
Information services and data processing services (NAICS 514).
(e)
Office administrative services (NAICS 5611).
(f)
Facilities support services (NAICS 5612).
(g)
Employment services (NAICS 5613).
(h)
Business support services (5614).
(i)
Travel arrangement and reservation services (5615).
(j)
Detective agencies and protective services (NAICS 56161 except "armored car service" and "dogs, rental of" for protective services).
(6)
Health services limited to:
(a)
Offices of physicians (NAICS 6211).
(b)
Offices of dentists (NAICS 6212).
(c)
Offices of other health practitioners (NAICS 6213).
(d)
Medical and diagnostic laboratories (NAICS 6215).
(e)
Within the CMX-2 Zone only, nursing care facilities (NAICS 623110).
(f)
Within the CMX-2 Zone only, services for the elderly and persons with disabilities, including adult day-care facilities (NAICS 624120).
(g)
Other outpatient care centers (NAICS 621498).
(9)
Within the CMX-3/A Zone only, new car dealers (NAICS 441110). No more than 30% of a new car dealer’s displayed inventory may consist of secondhand or used automobiles.
(11)
Conference and convention centers.
(12)
Within the CMX-3/A Zone only, motor vehicle showrooms, offices and mechanical repair and maintenance service facilities.
(14)
Within the CMX-2 and CMX-3, only permitted uses shall also include houses of worship provided that the front yard setback shall be a minimum of 100 feet and the side yards shall be a minimum of 75 feet.
(15)
Within the CMX-3 Zone, integrated limited business and support services. In addition to the permitted uses in the CMX-3 Zone listed above, integrated limited business and support services may be permitted as an office/commercial planned development option within the CMX-3 Zone in accordance with the provisions of N.J.S.A. 40:55D-65c as part of a planned development to include uses permitted under § 190-146B(1) through (11) and uses permitted within Subsection B(15)(a) of this section [§ 190-146B(15)(a)] and conditional uses permitted under § 190-146C in accordance with the following:
(a)
Permitted uses within an integrated limited business and support services planned development.
[1]
Business equipment, supplies, services, training, and repair and maintenance.
[a]
Computer and software stores (NAICS 443120).
[b]
Office supplies (NAICS 424120).
[c]
Office furniture stores (NAICS 442110).
[d]
Communication equipment repair and maintenance (NAICS 811213).
[e]
Business service centers, including copy and duplicating centers, mailbox rental and mailing and duplicating shops (NAICS 561439).
[f]
Business schools and computer and management training (NAICS 6114).
[2]
Food services.
[a]
Restaurants of not less than 1,250 square feet floor area, and not less than 40 seats (NAICS 722110).
[b]
Limited-service eating places (NAICS 72221).
[c]
Delicatessens (NAICS 722211).
[d]
Cafeterias (NAICS 722212).
[e]
Snack and nonalcoholic beverage bars (including sandwich, bagel and/or coffee shops, ice cream and yogurt stores and ethnic food specialty stores) where take-out service is permitted, but drive-through service is not permitted (NAICS 722213).
[f]
Baked goods stores (NAICS 445291).
[g]
Confectionery and nut stores (NAICS 44292).
[3]
Office park employee personal sales and service establishments.
[a]
Health and personal care stores (including pharmacies, drug stores, cosmetic and beauty supply stores, optical goods and other health and personal care stores) (NAICS 4461).
[b]
Book, periodical and music stores (NAICS 4512).
[c]
Dry cleaner and laundry dropoff and pickup with no coin-operated equipment and no cleaning processing equipment on site (NAICS 812320).
[d]
Barbershops, hair, beauty and nail salons (NAICS 812111, 812112 and 812113).
[e]
Home health equipment rental (NAICS 532291).
[f]
Convenience stores not exceeding 2,500 square feet of floor area with no drive-through service, gasoline or motor vehicle service permitted (NAICS 445120).
[g]
Fitness and recreational sports centers and spas not over 5,000 square feet in size, with operating hours not earlier than 6:00 a.m. and not later than 11:00 p.m. (NAICS 713940).
[4]
Similar business services, educational and training facilities where retail sales of products related to the business or service are ancillary to the service provided.
(b)
Bulk, architectural and tract area requirements for:
[1]
A planned development must comprise a minimum tract area of 10 acres.
[2]
An integrated limited business and support services planned development must contain a minimum of 35,000 square feet of gross leasable floor area.
[3]
The floor area approved for an integrated limited business and support services planned development comprised of non-office uses shall not exceed 30% of the total approved floor area. Permitted uses in Subsection B(1) through (14) and permitted conditional uses shall not be classified as non-office uses for purposes of this calculation.
[4]
Applicants for integrated business and support services planned developments shall submit a schedule of development providing a phasing plan of permitted uses, conditional uses, office and non-office uses based upon the gross leasable floor areas for each category of use. Non-office uses as calculated in Subsection B(15)(b)[3] shall not exceed 65% of any construction phase within an approved limited business and support services planned development.
[5]
The floor area ratio for one-story developments shall not exceed 0.15. The floor area ratio for two-story mixed use (office and non-office uses) shall not exceed 0.20.
[6]
Buildings approved within an integrated limited business and support services planned development in the CMX-3 Zones shall maintain the following setbacks and buffer requirements adjacent to residential zones; provided, however, that existing wooded areas on site or adjacent to the site that are classified and delineated as freshwater wetlands and /or delineated wetlands transition areas may be included as planted buffers areas subject to supplemental plantings to form a planted screen from the residential buildings:
[7]
Specified non-office uses shall not exceed 15,000 square feet in an individual building and no single non-office use shall exceed 5,000 square feet of gross floor area, other than a conditional use restaurant.
[8]
Each building within an integrated limited business and support services planned development that contains non-office uses shall contain not less than two and not more than four attached non-office uses.
[9]
An integrated limited business and support services planned development must be designed with an overall architectural theme consistent with the requirements of § 190-114, Architectural design requirements for commercial, office and industrial development, in a manner which will not result in an appearance of a linear or strip shopping center.
[10]
Integrated limited business and support services planned developments shall provide cross-access easements and shared parking between contiguous properties within CMX and B (Business) Zones to the greatest extent feasible to minimize ingress and egress vehicular movements on Route 9, Route 537 and other arterial and collector roadways. The cross-access easements and any shared parking areas shall be readily visible and clearly signed on both properties.
(16)
Fitness and recreational sports centers (NAICS 713940).
(17)
Permitted additional uses that will be planned and designed in accordance with the overall concept design for the CMX-3 Zone for the "front tract" as identified in the first amendment to settlement agreement in "Complaint for Declaratory Relief," Docket No. L-6026-08 and all matters consolidated therewith. The application for development of the area shall be contiguous to and directly accessible from State Highway Route 9 and shall include the front tract portion of Block 71, Lot 8 as shown on the Tax Map of the Township of Freehold.
C.
Uses permitted subject to the issuance of a conditional use permit:
(1)
Hotels and motels.
(2)
Day-care facilities.
(3)
(Reserved)
(4)
Cemeteries.
(5)
Pool or billiard parlors.
(6)
Historic commercial projects.
(7)
Restaurants.
(8)
Congregate care and assisted living residential facilities. Permitted only within the CMX-2 Zone and CMX-3 Zones.
(9)
Self-storage warehousing (NAICS 531130).
(10)
Car wash facilities. Permitted only within the CMX-3 Zone.
D.
Permitted accessory uses:
E.
Area, yard and building requirements. Specified in Schedule C at the end of this chapter.
F.
Lot and building arrangement in CMX-2, CMX-3, CMX-3/A, CMX-4 and CMX-10 Zones.
(1)
All principal and accessory buildings shall be designed and located upon the site with the intent to minimize the disturbance of existing land forms, water features, and areas of significant vegetation.
(2)
Roadway layout and lot configuration shall be designed to permit flexibility of building placement to accommodate passive and/or active solar heating.
(3)
All buildings shall be sited to assure minimal interference with the solar access of adjacent land uses and to create windbreakers minimizing winter heat loss potential.
(4)
Access roadways, signage and landscaping shall be the only permitted uses within the front yard area. All parking must be located to the side or rear of the building and screened from view from the roadway by the use of landscaping, berming, or decorative fence or wall.
(5)
Buildings located within 200 feet of a residence or residential zone shall not exceed 2 1/2 stories in height or 35 feet, and shall be designed so as to be harmonious with neighboring residences.
(6)
All buildings within the CMX-2, CMX-3, CMX-3/A, CMX-4 and CMX-10 zoning districts shall be compatible in architectural design in accordance with the requirements of § 190-114. All buildings shall be finished on the front and sides with face brick, its equivalent or better. All roof-mounted appurtenances must be screened from view.
(7)
Application for development within the CMX-4 Zone shall be made as a planned commercial development and, where applicable, in accordance with the general development plan review procedures contained in § 190-36. In the event the statute providing for planned developments, N.J.S.A. 40:55D-45.3 should be interpreted as inapplicable to a parcel 100 acres or less, then the development shall be considered by the Planning Board as a conventional development, subject, however, to all other provisions, including phasing, of any consent order and stipulation of settlement to which the property to be developed is subject.
§ 190-147 Highway Mixed Use Development Zone.
[Added 12-23-2014 by Ord. No. O-14-18;[1] amended 8-9-2016 by Ord. No. O-16-10; 4-8-2025 by Ord. No. O-25-11]
Purpose: The purpose of the Highway Mixed Use Development Zone is to provide for a mix of commercial and multifamily residential uses within development tracts whereby the former can be concentrated along Route 9, County Route 524 and County Route 23 while the latter can serve as an appropriate transition to adjacent zones.
A.
Minimum tract size: 20 acres for development that includes mixed-use and/or multifamily residential buildings and 10 acres for development that includes permitted principal uses other than mixed-use and multifamily residential buildings.
B.
Permitted principal uses.
(1)
Retail sales and service stores.
(2)
Restaurants, including fast-food restaurants and drive-through restaurants.
(3)
Specialty food and food markets with seating areas for on-premises consumption as provided herein.
(4)
Offices for professional, executive or administrative purposes, and related business support services, including medical uses not otherwise prohibited.
(5)
Banks, financial institutions, insurance and real estate businesses.
(6)
Multifamily residential buildings.
(7)
Mixed-use buildings as permitted herein.
(8)
Child-care centers in accordance with N.J.S.A. 40:55D—66.6.
(9)
Gasoline filling stations with convenience stores provided they meet the following:
(a)
The convenience store contains a minimum of 4,000 square feet of floor area.
(b)
No automotive repair work shall be permitted
(c)
There shall be no drive-through facilities associated with the convenience store.
(d)
Outdoor solid waste disposal containers shall be contained within masonry structures with the same fascia material as the convenience store.
(e)
Parking spaces shall be provided for each 150 square feet of floor area devoted to the convenience store.
(f)
The location and access to the convenience store shall not impede or interfere with vehicular and pedestrian circulation to and from fuel pumps.
(g)
Fuel dispensers and/or overhead canopies shall only be permitted in the front yard and shall be set back a minimum of 50 feet from the right-of-way of U.S. Route 9.
(h)
Gasoline filling stations shall only be permitted in tracts where they provide direct access to a state highway.
C.
Permitted accessory uses.
(2)
Fences.
(3)
Parking, including for multifamily residential dwellings as provided herein.
(4)
Garbage storage and recycling enclosures.
(5)
Active and passive recreational facilities for residents, which may include, but not be limited to, a clubhouse, swimming pool, tennis courts, fitness and exercise areas and bicycle/walking paths.
(6)
Management office(s) for multifamily residential use.
(7)
Any other uses which are subordinate and customarily incidental to a permitted use.
D.
Location criteria.
(1)
No multifamily residential building shall be located within a distance of 300 feet from the rights-of-way of U.S. Route 9 and County Route 23, exclusive of any portion of the existing jug-handle.
(2)
No building accommodating any permitted principal use(s) other than a multifamily residential building shall be located a distance of more than 400 feet from the rights-of-way of U.S. Route 9 and County Route 23, exclusive of any portion of the existing jug-handle.
E.
Development standards.
(1)
The ground floor of any mixed-use building shall be used for any permitted principal use other than multifamily residential dwellings. No permitted principal use other than multifamily residential dwellings shall be located above the ground floor of any mixed-use building.
(2)
Food and specialty food markets shall have a minimum gross floor area of 8,000 square feet and shall provide a minimum of 25 seats for on-premises consumption.
(3)
The maximum permitted residential density, inclusive of any multifamily dwelling units that are within mixed-use buildings, shall be 10 units per acre as applied to the total tract area.
(4)
The maximum floor area ratio for all nonresidential uses, inclusive of any nonresidential floor area within mixed-use buildings, shall be 0.05 as applied to development tracts of 20 acres or more. The maximum floor area ratio shall be 0.10 as applied to all other development tracts.
(5)
The maximum height of any building other than a multifamily residential building shall be three stories and 45 feet.
(6)
The maximum height of any multifamily residential building shall be four stories and 55 feet.
(7)
The maximum number of multifamily residential dwelling units in any buildings shall not exceed 52. No multifamily residential or mixed-use buildings shall be more than 270 feet in length.
(8)
The maximum building coverage shall be 20%.
(9)
The maximum impervious coverage shall be 60%.
(10)
The minimum building setbacks shall be as follows:
(a)
From a state right-of-way exclusive of any portion of an existing jug-handle: 100 feet.
(b)
From a county right-of-way exclusive of any portion of an existing jug-handle: 100 feet.
(c)
From any abutting nonresidentially zoned property: 50 feet.
(d)
From any abutting residentially zoned property to multifamily residential development: 75 feet, except that said requirement shall be 50 feet from a detached single-story residential garage structure.
(e)
From any abutting residentially zoned property to nonresidential development: 150 feet.
(11)
The minimum number of off-street parking spaces for retail sales and service stores shall be four spaces per 1,000 square feet of floor area. For all other uses, the standards set forth in § 190-163 or as otherwise established in this section shall apply.
(12)
Any outdoor refuse and recycling storage areas shall be appropriately screened by a wall enclosure constructed of materials similar to the facades of the buildings and with appropriate landscaping as required by the Planning Board.
(13)
A minimum twenty-five-foot-wide landscape buffer strip shall be provided where multifamily residential development abuts a residential zone. A minimum seventy-five foot-wide landscaped buffer strip shall be provided where nonresidential development abuts a residential zone. Said buffer zone shall comply with the standards set forth in § 190-166 and shall be permanently maintained along the property line abutting the residential zone.
(14)
Multiple uses and buildings are permitted within the development tract.
F.
Miscellaneous requirements for multifamily residential development.
(1)
Multifamily residential and mixed-use buildings shall contain one- or two-bedroom units only, except that a percentage of the affordable units may be three bedrooms to comply with applicable regulations as referenced herein.
(2)
Multifamily residential and mixed-use buildings shall provide elevator access to upper floors.
(3)
Multifamily residential and mixed-use buildings shall provide indoor trash disposal and storage facilities.
(4)
The following recreational and related amenities shall be provided for residents: swimming pool, clubhouse, fitness center, lounge, media and game room and business center. Additional active and/or passive recreational facilities, including, but not limited to tennis courts, fitness and exercise areas and bicycle/walking paths may be required at the discretion of the Planning Board based upon the number of multifamily residential dwelling units proposed.
(5)
Parking for multifamily residential dwellings may be provided by means of any or all of the following: at-grade surface spaces; tuck under, below building spaces; spaces in detached, single-story garage structures.
(6)
No parking space intended to satisfy the off-street parking requirement for multifamily residential use within either a multifamily residential or mixed-use building shall be located more than 125 feet from said building.
(7)
A minimum of 10% of all multifamily dwelling units constructed within the development tract shall be set aside for low- and moderate-income households. Affordable units shall be integrated throughout the development tract and shall comply with applicable regulations of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls.
G.
Architectural design requirements for multifamily residential and mixed-use buildings.
(1)
Building articulation and massing. Multifamily residential and mixed-use building bulk shall be broken down vertically and differentiated horizontally to avoid monotonous and repetitive facades through any or all of the following: vertical changes in the façade plane; changes in material, color, pattern and/or texture; use of columns, pilasters, balustrades or similar ornamental features; changes in the size and rhythm of fenestration; use of design features such as balconies and terraces, changes in the roofline via coping, parapet, cornice or similar ornamental features. The base of mixed-use buildings in particular shall be highlighted architecturally and differentiated from upper floors in order to visually ground the building. Detailing and materials at the base of mixed-use buildings shall be richer than on upper floors and may include features such as horizontal banding, variation in window pattern and proportioning (i.e., larger window openings), as well as signage and lighting. The top and roof of multifamily residential buildings shall be defined and differentiated with multifaceted roof shapes where appropriate to break up the roofline.
(2)
Building façade detailing.
(a)
Pedestrian building entries shall be clearly visible and highlighted within facades. Continuous expanses of windowless wall shall be prohibited at all levels. A change in plane and variation in materials and/or detailing shall be provided for any windowless wall in excess of 20 feet in length. Windows shall occupy at least 20% of the façade area within multifamily residential buildings and shall occupy at least 25% of the façade area within mixed-use buildings.
(b)
Preferred materials for facades shall be brick, cultivated stone or other masonry facing and vinyl or fiber cement siding or backboard. No more than three different materials shall be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and pattern may be employed to create further distinctions. The level of materials, detailing and articulation shall be consistent along all facades. Materials shall be extended around corners and extensions in order to avoid a "pasted on" appearance. Where buildings have "tuck under" parking at the ground level of multifamily buildings or where there are detached freestanding garages, garage doors shall be richer in color as compared to the remainder of the façade. Such doors shall further incorporate changes in texture and/or include ornamental framing/features as part of the design. Detached freestanding garages shall employ the same façade materials and articulation as the multifamily residential buildings.
(c)
All major mechanical equipment located on the roof of a building shall be screened from view of all vantage points with a material harmonious to that used in the façade of the building.
[1]
Editor's Note: Former § 190-147, Corporate Multi-Use Development Zones CMX-3/B, as amended, was repealed 8-28-2012 by Ord. No. O-12-18.
§ 190-148 Historical Commercial Zone HC.
A.
All buildings and uses including single-family residences and farm structures shall be constructed, designed and developed in a manner consistent with and designed to complement the Battleground State Park and the aesthetic and Colonial and Early American architectural design and character of the Colonial and Revolutionary War period.
C.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-149 Hospital Zone H-1.
[Amended 12-8-2009 by Ord. No. O-09-32]
A.
Permitted uses:
(1)
Hospitals and hospital-related facilities licensed by the State of New Jersey.
(2)
Outpatient clinics, medical laboratories, professional medical offices which are part of or a subsidiary of a hospital located on the same lot as the hospital or on separate lots.
(3)
Assisted-living and senior residential facilities licensed by or requiring a certificate of need from the New Jersey Department of Health or Department of Community Affairs.
(4)
Nursing homes, intermediate-care and long-term-care facilities licensed by the New Jersey Department of Health.
(5)
Special-needs housing.
(6)
Medical cannabis dispensary as defined in N.J.S. A. 24:61-3 with or without an indoor medical consumption area on premises. Any indoor on-premises consumption area shall comply with N.J.S.A. 24:61-21. No outdoor on-site consumption area shall be permitted.
[Added 5-25-2021 by Ord. No. O-21-11]
B.
Accessory uses:
(3)
Dormitories in conjunction with a general hospital and providing living quarters for doctors, interns, nurses and others employed by, or studying at, the hospital.
(4)
Common parking areas.
(5)
Common storage structures and facilities subject to the same limitations and requirements as the principal structures.
(6)
Common open space and outdoor and indoor recreational facilities and structures subject to the same limitations and requirements as the principal structures.
(7)
Physical therapy facilities.
(8)
Entertainment facilities.
(9)
Libraries.
(10)
Food preparation facilities.
(11)
Dining facilities.
(12)
Linen service facilities.
(13)
Housekeeping service.
(14)
Security facilities, administrative offices, ancillary office space, storage facilities, chapels, and facilities for the temporary lodging of guests of patients or residents.
C.
Area, yard and building requirements:
(1)
A hospital licensed by the State of New Jersey as specified in Schedule C, Area, Yard and Building Requirements, at the end of this chapter for the H-1 Zone.
(2)
Outpatient clinics, medical laboratories, and professional medical offices, not on the same lot as a hospital as specified in Schedule C,[1] Area, Yard and Building Requirements, for the P-1 Zone.
[1]
Editor's Note: Schedule C is included at the end of this chapter.
(3)
Special-needs housing shall be subject to the following:
(a)
Special-needs housing developments shall conform with the requirements of the H-1 Hospital Zone as contained in the Schedule of Area, Yard and Building Requirements[2], except as follows:
[1]
Maximum density shall not exceed 12 dwelling units per acre;
[2]
Maximum floor area ratio (FAR) shall not exceed 1.00 for principal and accessory buildings;
[3]
All buildings shall be set back a minimum of 100 feet from an existing accessible public street and 65 feet from a nonaccessible or limited access street or portion thereof;
[4]
All buildings shall be set back a minimum of 20 feet from an internal access drive or parking area (except for loading and unloading areas for persons and supplies);
[5]
All buildings shall be set back a minimum of 65 feet from any property line within a residential zone and a minimum of 50 feet from any nonresidential property line;
[6]
All building and impervious surfaces shall be set back a minimum of 15 feet from any wetlands transition area in accordance with an approved letter of interpretation from the NJDEP;
[7]
Requirement of buffer area. Where an area required for a buffer is already wooded, it shall be left in its natural state, and the existing growth shall be supplemented with additional plant material where necessary. Buffer areas adjacent to residential zones shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year;
[8]
Required buffers shall be used for no other purpose than as a buffer and as part of the required open space of the tract. The only structures which may be erected within a buffer area are fences as elsewhere regulated in this chapter; provided further, however, that stormwater management structures (including but not limited to basins and related improvements) may be permitted within a required buffer area, provided such facilities shall be suitably landscaped around their perimeters in order to be visually compatible and harmonious with the surrounding natural and or planted buffer areas. All nonpaved areas shall conform with Article XV, Fence and Buffer Regulations.
[2]
Editor's Note: See Schedule C at the end of this chapter.
(b)
Parking shall provide for a minimum of 1.25 parking spaces per dwelling unit including required handicapped parking spaces in accordance with the Americans with Disabilities Act.
(c)
All proposed restrictive covenants, deed restrictions, articles of incorporation or other documents related to the creation of a homeowners' association, trust documents or other deeds or documents to provide for ownership, age restrictions for rental units, and maintenance of common property and facilities shall be submitted to the Township for review by the Planning Board and Township Attorneys prior to final approval of any site plan.
(d)
Affordable housing requirement. The provisions of this section shall be subject to the provisions of Article XX, Affordable Housing, § 190-217 et seq. Special-needs housing units shall be affordable to low- and moderate-income households; provided, however, that special needs housing may include a permanent caretaker residence that is not required to be a low- or moderate-income person or household. Of the low- and moderate-income housing units 13% shall be affordable for very-low-income residents in accordance with N.J.S.A. 52:27D-329.1, pursuant to Chapter 46 Laws of 2008. The operator of a special-needs housing facility shall be responsible for the administrative and reporting requirements and costs associated therewith in accordance with the New Jersey Council on Affordable Housing regulations for special-needs housing (N.J.A.C. 5:97, and with the New Jersey Housing and Mortgage Finance Agency requirements for special-needs housing, N.J.S.A. 5:80 et seq.)
§ 190-150 Professional Zone P-1.
[Amended 8-24-2004 by Ord. No. O-04-35]
The Professional Zone P-1 is generally intended to be utilized as a buffer zone between residential zones and more intensive nonresidential zones, and as such, each use within this zone shall be designed, constructed and operated in such a manner as to create the least possible disruption to adjacent residential properties. The P-1 Zone on Route 537 east of Gravel Hill Road is intended to provide for office uses related to and in support of the existing hospital and medical offices that serve Freehold and the western Monmouth region.
A.
Permitted uses:
(1)
Office buildings for professional, executive, engineering or administrative purposes including and similar to uses identified in the North American Industry Classification System (2002), where noted, as follows:
(a)
Professional, scientific, and technical services (NAICS 54).
(b)
Internet service providers, web search portals, and data processing services (NAICS 518).
(c)
Office administrative services (NAICS 5611).
(d)
Facilities support services (NAICS 5612).
(e)
Employment services (NAICS 5613).
(f)
Business support services (NAICS 5614).
(4)
Banks and financial institutions.
(5)
Municipal facilities.
(6)
Child-care centers in accordance with N.J.S.A. 40:55D-66.6.
(7)
Planned medical center support service development. In addition to the permitted uses in the P-1 Zone listed above, planned medical center support service developments shall be a permitted in the P-1 Zone on C.R. 537 and Gravel Hill Road in accordance with the provisions of N.J.S.A. 40:55D-65c for planned developments on one tract or on contiguous properties totaling 20 or more acres within the P-1 Zone in accordance with the following provisions.
[Amended 12-23-2014 by Ord. No. O-14-21]
(a)
Permitted uses and structures:
[1]
Offices of physicians (NAICS 6211), dentists and orthodontists (NAICS 6212) and optometrists and other health practitioners (NAICS 6213) used solely by those medical professionals who regularly occupy and conduct their medical practice from these offices.
[2]
Pharmacies and drugstores (NAICS 44610) and other retail establishments for the sale or lease of medical/surgical supplies, orthopedic braces, prosthetic appliances, and other medically related equipment, clothes, shoes or supplies used by health care professional or patients.
[3]
Nursing homes, extended care, assisted living and other similar long-term in-patient residential living and/or long-term physical and mental health rehabilitation facilities.
[4]
Hotels.
[5]
Restaurants, banquet facilities, conference centers, auditoriums, spas only in included within a hotel.
[6]
Schools and other educational institutions related to the practice of medicine, nursing, medical technician, or medical, hospital and physician health care provision, clerical, billing and administrative services, and related advanced or continuing education programs.
[7]
Dormitories or other housing facilities for students registered in educational programs related to the practice of medicine, nursing, medical technician or medical and hospital physician care.
[Amended 1-29-2019 by Ord. No. O-19-2]
[8]
Adult day-care centers and child day-care centers.
[9]
Opticians and other optical-related businesses; hearing aid centers; dental laboratories; and blood or specimen collection sites.
[10]
Uses set forth in § 190-150A(1) through (6) above.
(b)
Accessory permitted uses including public utilities, off-street parking lots and garages, loading facilities, fences, signs, and temporary structures such as tents and trailers for special events lasting no more than five days.
(c)
Buildings and structures shall contain no more than three aboveground occupiable floors or be more than 45 feet in height from average adjacent ground levels within 25 feet from the structure.
(d)
HVAC and other similar building equipment if installed on roofs shall be screened through the use of parapets and screening walls on all four sides, so that the roof equipment is not visible from Route 537 or 10 feet above ground level at the nearest structure of the CentraState Medical Center building complex. The parapets and screen walls shall not be used to compute building structure maximum height.
(e)
All buildings, parking lots and structures shall have access to an internal road system that will ultimately link the Medical Center Support Service structures to each other and be located so that they may in the future connect to CentraState Medical Center roadways to minimize traffic flow on Monmouth County Route 537.
(f)
Floor area ratio (FAR) shall not exceed 0.25.
(g)
Within the development area, impervious coverage shall not exceed 60%.
(8)
Houses of worship, provided that the front yard setback shall be a minimum of 100 feet and side yards shall be a minimum of 75 feet.
[Added 6-17-2008 by Ord. No. O-08-11]
C.
Area, space and bulk requirements.
(1)
Minimum lot size shall be two acres.
(2)
All areas other than parking areas shall be planted with grass and other adequate landscaping. Parking shall not be allowed within the front yard setback area required for a principal building fronting on a public road. The facades of proposed structures shall be designed to complement the adjoining residential properties and, where applicable, the CentraState Medical Center.
§ 190-151 Professional Zone P-2.
The Profession Zone P-2 is intended to provide for small offices in areas which were once residential in character and which retained the lot patterns and building characteristics of a residential area with converted structures for office uses. This zone also is a transition zone from residential zones to high-traffic roadways. Professional office uses shall provide coordinated driveways with adjacent office properties to the greatest extent practicable in order to limit the number of driveway cuts on arterial roadways. Driveways to side roads shall be utilized whenever practicable.
§ 190-152 Light Industrial Zone LI.
A.
Permitted uses:
(1)
Research laboratories and light industries for the manufacture of products which may be produced without the creation of objectionable or detrimental effects on any other properties, subject to the performance requirements and specifications as set forth in this chapter.
(2)
Warehouses.
(3)
Office buildings for professional, executive engineering, or administrative purposes.
(4)
Wholesale business and distributors.
(5)
Municipal facilities.
(6)
Public utility installations.
C.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-153 Light Industrial Zone LI-3.
§ 190-153.1 FSX Flex Space Zone.
[Added 3-10-2020 by Ord. No. O-20-7]
A.
Purpose. The FSX Flex Space Zone is intended to permit flex space facilities on properties containing buildings that can easily be adapted to different uses including a mix of both warehouse and office space. The Flex Space Zone includes standards for areas suitable for wholesaling and storage activities, to avoid incompatible land uses, to serve the areas with adequate access facilities, and to mitigate incompatibilities with adjacent properties.
B.
Applicability. The zone shall apply to the tract area for "Plan B Option" known as Block 71, Lot 8 (rear portion) as shown on the official Tax Map of Freehold Township and as further defined in the first amendment to settlement agreement dated November 8, 2019 between Land Bank Freehold, LLC and the Township of Freehold and shall expire one year from the date of the adoption of this section.
C.
Permitted uses:
(1)
Offices for professional, scientific, executive or administrative purposes, and related business support services.
(2)
Self-storage warehousing (2017 NAICS - 531130).
(3)
Merchant wholesalers, Durable Goods (2017 NAICS - 423).
(4)
Specialty trade contractors (2017 NAICS - 238).
(5)
Showrooms enclosed within a building used for the display of wholesale or durable goods.
(6)
Light manufacturing: assembly, fabrication and processing of products inside an enclosed building except hazardous or combustible materials and subject to the performance requirements as set forth in this chapter.
(7)
Research laboratories.
(8)
Municipal facilities.
(9)
Public utility installations.
(10)
Fitness and recreational sports centers (2017 NAICS 713940).
D.
Permitted accessory uses:
(1)
Parking.
(3)
Fences in accordance with this chapter.
(4)
Loading.
(5)
Trash enclosures in accordance with this chapter.
(6)
Retail sales associated with a permitted use, provided that the retail sales operation occurs within the same building as the associated permitted use, is consistent with the principal use of the building, and the retail operation occupies no more than 10% of the gross floor area in that building.
(7)
Operations manager's office for self-storage warehouse use.
F.
The site containing such a use shall have direct access to a principal arterial roadway, or access via an easement, right of way or access drive through an adjoining tract with frontage along a principal arterial roadway.
G.
No retail sales shall be conducted on the premises as a principal use.
H.
Site plan approval shall be required and any development shall also be subject to the following supplemental zoning regulations:
(1)
Maximum building size shall be not greater than 30,000 square feet.
(2)
The maximum building length shall be 250 feet.
(3)
The minimum front yard setback abutting a public street shall be 75 feet.
(4)
The minimum building setback adjacent to any residentially zoned or developed property shall be 100 feet. All other setbacks shall be a minimum of 50 feet.
(5)
The minimum distance between interior buildings shall be 25 feet.
(6)
The facades of all structures visible from public streets and residentially zoned or developed property shall be constructed of materials which are wood, brick, masonry, or other material finished to be compatible with the uses in the area in which the facility is located. Self-storage unit doors shall not face existing or proposed residential properties unless adequate buffer is provided pursuant to Subsection H(9) below.
(7)
No single structure shall exceed two stories, 32 feet in height, including all roof equipment attached thereto. Structures with roof equipment shall provide roof screening to prevent its visibility from all sides of the building.
(8)
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be of sufficient intensity to discourage vandalism and theft. It shall be directed, shaded and focused away from all adjoining property.
(9)
A minimum of a twenty-five-foot continuous planted buffer in accordance with this chapter shall be provided along all property lines adjacent to other nonresidentially zoned sites. If a site is adjacent to a residentially zoned or residentially developed property, the minimum planted buffer shall be 50 feet. Consistent with the above, all yards adjacent to a residential zone or developed property shall be landscaped to provide appropriate visual screening and/or buffering. The visual screening may include masonry walls, decorative fencing and/or planted screening. The continuous planted buffer for the principal uses shall include a twenty-five-foot-wide staggered row of evergreen trees 10 feet on center and other plant materials and decorative fencing to provide a visual screen from residential properties and public streets and roads consistent with the buffer requirements. Where existing heritage trees or other mature vegetation occurs, such existing plants shall be retained within the required buffer area and supplemented with suitable plant materials as needed to affect a visual screen in lieu of the required twenty-five-foot-wide evergreen screen.
(10)
Internal driveway aisles for self-storage warehousing shall be a minimum of 24 feet in width. Driveway aisles where self-storage warehousing units are only on one side may be a minimum of 20 feet in width.
(12)
Parking areas shall be provided adjacent to or in close proximity to each use.
(13)
Off-street loading requirements for all uses other than self-store warehousing in accordance with § 190-164.
(14)
No outdoor storage of goods or materials shall be permitted, including the storage of vehicles and boats.
§ 190-154 Industrial Zone M-1.
A.
Permitted uses. Permitted uses based on the North American Industry Classification System include the NAICS classification and the sector or industry classification.
[Amended 8-7-2012 by Ord. No. O-12-16; 1-29-2019 by Ord. No. O-19-3]
NAICS Classification | Sector 2 Digit | Industry 3-6 Digit | ||||
|---|---|---|---|---|---|---|
(1) | Construction | 23 | ||||
(2) | Manufacturing: | |||||
Chocolate and confectionery manufacturing | 31120, 311330, 11340 | |||||
Bakeries and tortilla manufacturing | 3118 | |||||
Snack food, roasted nuts and peanut butter manufacturing | 31191 | |||||
Coffee and tea manufacturing | 311912 | |||||
Seasoning and dressing manufacturing | 31194 | |||||
Beverage manufacturing | 3121 | |||||
Apparel manufacturing | 315 | |||||
Leather and allied product manufacturing, including footwear and luggage | 316 | |||||
Millwork (wood) | 32191 | |||||
Printing and related support activities | 323 | |||||
Plastics product manufacturing | 3261 | |||||
Cutlery and handtool manufacturing | 3322 | |||||
Computer and electronic product manufacturing | 334 | |||||
Electrical equipment, appliance, and component manufacturing | 335 | |||||
Furniture and related product manufacturing | 337 | |||||
Medical equipment and supplies | 3391 | |||||
Jewelry and silverware manufacturing | 3399 | |||||
Wholesale trade, durable goods | 421 | |||||
Wholesale trade, nondurable goods | 422 | |||||
(3) | General freight trucking (and terminals) | 4841 | ||||
(4) | Warehousing and storage | 493 | ||||
(5) | Information: | |||||
Publishing industries | 511 | |||||
Motion picture and sound recording industries | 512 | |||||
Broadcasting and telecommunications | 513 | |||||
Information and data processing services | 514 | |||||
(6) | Professional, scientific and technical services | 54 | ||||
(7) | Administrative and support services | 561 | ||||
(8) | Solid waste collection and solid waste transfers, including collecting and/or hauling of hazardous waste materials not stored or processed on site | 562111 | ||||
(9) | (Reserved) | |||||
(10) | Hotels | 7211 | ||||
(11) | Automotive body, paint, interior and glass repair, but not including "other automotive repair and maintenance" (NAICS 81119) such as oil change and lubrication shops, rustproofing and undercoating shops, car washes, tire repair shops and air-conditioning repair shops | 81112 | ||||
(12) | Public administration | 81112 | ||||
(13) | Corporate office uses, including or similar to permitted uses listed in § 190-146B(1) through (8), provided that 50,000 square feet or more of the "Industrial" uses of the corporate entity are located in the M-1 Zone in close proximity to the corporate offices | |||||
(14) | Other permitted uses: farms | 92 | ||||
C.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
D.
Uses permitted subject to issuance of a conditional use permit:
(1)
Adult bookstores, adult motion-picture theaters, artist's body painting studios, cabarets, massage shops, modeling studios and tattoo shops.
(2)
Cemeteries.
(3)
Commercial and television antennas.
(4)
Electrical cogeneration facilities.
(5)
Pool or billiard parlor.
(6)
Bulk document storage facilities.
(7)
Automobile dealership repair and maintenance facilities. The purpose of this use is to allow automotive dealerships located in Freehold Township to store and provide sales preparation of automotive vehicles on site but offered for sale and/or sold off site. (See § 190-3, definition of "automobile dealership repair and maintenance facilities.")
(8)
Wireless telecommunications towers and antennas.
(9)
Alternative motor vehicle fueling station.
[Added 5-28-2013 by Ord. No. O-13-16]
(10)
Public, private or parochial schools.
[Added 1-29-2019 by Ord. No. O-19-3]
§ 190-155 Industrial Zone M-2.
§ 190-156 ROL Research, Office and Laboratory Zone.
[Amended 8-24-2004 by Ord. No. O-04-35]
A.
Purpose. The ROL Zone is intended to provide an environment for and conducive to the development and protection of modern, large-scale, low-intensity corporate administrative and executive offices, research, laboratory, educational and/or telecommunication facilities which will be compatible with and retain amenities of the site and adjacent lands.
B.
Permitted uses. Permitted uses shall be limited to those uses included in the North American Standard Industrial Classification System (NAICS) as indicated:
D.
Area, yard and building requirements: as specified in Schedule C at the end of this chapter.
§ 190-157 Recreational Zone RC.
A.
Regulations. Recreational Zone regulations are applicable in accordance with the provisions of this section in those areas specified on the Zoning Map.
B.
Permitted uses. Permitted uses in the Recreational Zone shall include buildings, open air areas and other facilities for recreational purposes, including parks, clubhouses, playgrounds, swimming pools, tennis, basketball and handball courts and other such facilities, but not to include carnival-type activities, and child care centers in accordance with N.J.S.A. 40:55D-66.6. At the time of site plan application and review, the applicant shall be required to demonstrate to the Planning Board that the site is to be utilized solely for recreation and recreation-type uses and that the operator shall comply with all Township and state regulations for day camp and other private or nonprofit recreation facilities. Recreation uses shall not include any overnight facilities.
[Amended 12-17-2013 by Ord. No. O-13-39]
C.
Area, space and bulk regulations: as specified in Schedule C at the end of this chapter.
[Amended 12-17-2013 by Ord. No. O-13-39]
§ 190-158 Regional Mall Zones RMZ-1, RMZ-2, RMZ-2A and RMZ-3.
[Amended 3-9-2004 by Ord. No. O-04-9; 2-26-2008 by Ord. No. O-08-2; 6-26-2012 by Ord. No. O-12-15; 2-27-2018 by Ord. No. O-18-3; 10-23-2018 by Ord. No. O-18-14; 5-25-2021 by Ord. No. O-21-10]
The RMZ-1, RMZ-2, and RMZ-3 Regional Mall Zones are intended to provide for the planned development of properties primarily devoted to a regional mall shopping center as permitted within the RMZ-1 Zone and development of adjacent parcels of property contiguous to the mall within the RMZ-2, and RMZ-3 Zones for uses that complement and enhance the overall development of the regional mall and to provide for the orderly development of the regional mall area through coordinated roadway, drainage and utility infrastructure improvements and architectural and site design.
A.
Permitted uses within the RMZ-1 Zone:
(1)
Regional mall shopping center, which may contain any combination of uses permitted in this subsection.
(2)
Retail stores and shops, including temporary, nonpermanent and permanent vendor displays.
(3)
Personal service establishments including barbershops, beauty parlors, shoe repair shops, tailor shops and similar types of uses.
(4)
Indoor commercial recreation.
(5)
Restaurants, including full-service restaurants, cafes, counter-service restaurants, and fast-food restaurants without drive-through facilities.
(6)
Offices for professional, executive or administrative purposes, including coworking spaces.
(7)
Hotels and convention centers.
(8)
Passenger bus stations.
(9)
Municipal and other governmental facilities; senior citizen, cultural, civic and other similar facilities of general public interest.
(10)
Higher educational institutions, including colleges, universities, medical education associated with a hospital or health care system, extension schools, technical schools and business schools.
(11)
Public utility installations and structures.
(12)
Banks, financial institutions, insurance, and real estate businesses.
(13)
Fitness and recreational sports centers (NAICS 713940).
(14)
Instructional schools and studios; commercial schools.
(15)
Brewpubs and other brewery, winery, and craft distillery facilities subject to licensing requirements of the State of New Jersey Division of Alcoholic Beverage Control.
(16)
Medical and health care facilities providing outpatient care such as offices for the examination and treatment of patients by physicians, dentists, psychologists or other medical personnel; ambulatory surgery centers; and urgent care centers. Such facilities may include customary ancillary services such as laboratories, pharmacies, and medical education as permitted by Subsection A(11).
(17)
Warehouse clubs.
(18)
Child-care centers licensed by the State of New Jersey Department of Human Services.
(19)
Storage of new automobiles by automobile dealerships located in Freehold Township, in locations outside of the loop road (Winners Circle) only.
B.
Permitted accessory uses within the RMZ-1 Zone.
(1)
Storage buildings on a temporary or permanent basis, provided that it can be demonstrated to the satisfaction of the reviewing board that such accessory buildings are necessary to the successful operation of the principal use on the premises, and that a definite economic hardship or a health or safety hazard would be created if such accessory building were not permitted; and further provided that no accessory building be used for retail, wholesale or bulk storage purposes of any nature.
(3)
Fences.
(4)
Garbage storage and recycling enclosures.
(5)
Parking garages.
(6)
Electric vehicle charging stations.
(7)
Roof- or building-mounted solar energy systems; fuel cells.
(8)
Outdoor seating areas associated with a permitted restaurant use, subject to site plan review.
(9)
Gasoline or alternative motor vehicle fueling stations associated with a warehouse club, in locations outside of the outer loop road (Winner's Circle).
C.
Uses permitted subject to issuance of conditional use permit within the RMZ-1 Zone.
(1)
Self-service storage facilities, provided that the following standards are met:
(a)
The minimum rental storage area shall be 40,000 square feet.
(b)
No storage of any kind shall be permitted out of doors.
(c)
Self-service storage facilities shall provide for the dead storage of customers' goods and materials only. No business activity other than the rental of storage space, related office operations, and the sale of packing materials associated with moving and/or storage of goods and materials shall be permitted.
(d)
All storage units shall be accessed from the interior of the building. No unit doors, loading bays, or docks shall be visible from the building's exterior except in designated loading areas.
(e)
One designated loading space shall be provided for each 20,000 square feet of rental storage space.
(2)
Restaurants with drive-through facilities, provided that the following standards are met:
(a)
The restaurant shall be located on a pad site and meet all bulk requirements as set forth in § 190-158G(2) of this chapter.
(b)
One drive-through facility such as a window or service area shall be permitted per establishment.
(c)
A drive-through facility shall be utilized only for pickup of food for consumption off the premises, where an order has been placed and paid for in advance (i.e., "app-thru" service where orders are placed and paid for via mobile or internet platforms). No ordering or payment shall be permitted to be conducted via a drive-through facility.
(d)
No outdoor menu boards shall be permitted in conjunction with a drive-through facility.
(e)
All drive-through lanes shall be accessed via internal roadways and drive aisles; no direct access shall be permitted from Winners Circle, Trotters Way, or Raceway Mall Drive.
(f)
Adequate on-site stacking spaces for vehicles shall be provided so that drive-through traffic does not interfere with vehicular traffic flow or pedestrian circulation or block access to and from internal roadways, parking spaces, or loading areas.
D.
RMZ-2 and RMZ-3.
(1)
Permitted uses on property designated as RMZ-2:
(a)
Retail stores, retail stack storage, warehouse clubs and restaurants, provided that each individual use, tenant, or unit within a building contains a minimum of 2,500 square feet of gross floor area; and provided that for multitenant buildings, the average gross floor area for each use, tenant, or unit within such buildings on the overall development parcel is at least 20,000 square feet.
(b)
Theaters and assembly halls.
(c)
Office buildings for professional, executive, medical or administrative purposes which contain a minimum gross leasable floor area of not less than 20,000 square feet.
(d)
Hotel and conference/convention centers.
(e)
Passenger bus stations.
(f)
Horse racetracks, horse racecourses, stables and accessory structures and premises wherein pari-mutuel wagering is permitted by the state.
(g)
Municipal and other governmental facilities; senior citizen, cultural, civic and other similar facilities of general public interest.
(h)
Colleges, technical and business schools.
(i)
Public utility installations and structures.
(j)
Banks, financial institutions, insurance and real estate businesses.
(k)
Fitness and recreational sports centers (NAICS 713940).
(2)
Permitted uses on properties located in the RMZ-3 Zone:
(a)
Retail stores and shops, provided that the minimum gross floor area for each use, tenant or unit shall be at least 8,000 square feet; however, any building standing alone and comprising less than 8,000 square feet may be used for any permitted retail use within the zone.
(b)
Restaurants, provided that fast-food and drive-through restaurants shall not be permitted.
(c)
Office buildings for professional, executive or administrative purposes.
(d)
Horse racetracks, horse racecourses, and accessory structures and premises wherein pari-mutuel wagering is permitted by the state.
(e)
Municipal and other governmental facilities.
(f)
Public utility installations and structures.
(g)
Banks, financial institutions, insurance and real estate businesses.
(h)
Fitness and recreational sports centers (NAICS 713940).
F.
Area, yard and building requirements: as provided for in Schedule C at the end of this chapter, subject, however to the following:
(1)
Within the mall outer loop road, in the RMZ-1 Zone, for regional mall shopping centers where the approved mall structure contains 400,000 square feet or more of gross leasable floor area, and preliminary and final site plan approval for the mall structure development area has been obtained, the approved site plan parcel of property may be subdivided into lots within the approved development area having minimum dimensions as follows and subject to the conditions contained in Subsection G(2) herein.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot dimensions; lot frontage, width and depth: 100 feet.
(c)
Impervious surface coverage (including maximum building coverage): Principal and accessory buildings, roadways and parking areas combined shall not exceed the coverage shown on the approved final site plan. Landscape areas for buildings, parking islands and other areas within the subdivided area shall not be less following subdivision than the approved final site plan.
(d)
Minimum yard depths: zero feet for principal and accessory buildings.
(e)
Minimum size of principal building in square feet: 80,000 square feet total.
(f)
Floor area ratio: FAR shall not apply to individual subdivided parcels; provided, however, that each freestanding structure or structures shall comply with the required maximum impervious surface coverage requirements.
(g)
Public or private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.
(2)
On properties in the RMZ-2 Zone, for non-mall facilities and combinations of connected and unconnected structures on contiguous parcels containing a minimum of 25,000 square feet of gross floor area per structure, where the initial approved site was not less than eight acres, and for which preliminary and final site plan approval for the overall development of the parcel has been obtained; the approved site plan parcel of property may be subdivided into lots within the approved development area having minimum dimensions as follows and subject to the conditions contained in Subsection G(4) herein.
(a)
Minimum lot area: 100,000 square feet.
(b)
Minimum lot dimensions, lot frontage, width and depth: 150 feet.
(c)
Impervious surface coverage (including maximum building coverage): same as § 190-158G(1)(c).
(d)
Minimum yard depths: zero feet for principal and accessory buildings where buildings are connected by common or back-to-back walls, enclosed or covered walkways.
(e)
Minimum size of principal building in square feet: 25,000 square feet gross floor area.
(f)
Floor area ratio: FAR shall not apply to individual subdivided parcels.
(g)
Public and private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.
(3)
The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:
(a)
All applicable requirements of the preliminary and final site plan approval other than as provided for above shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided; and
(b)
Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.
(c)
All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the subdivided parcel shall continue to apply; and so long as the recording of common usage easements or agreements are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.
(d)
All off-street parking, loading and unloading requirements that apply to the unsubdivided parcel approved final site plan pursuant to Article XIV of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as the recording of common usage easements or agreements are made a condition of approval.
(5)
In the RMZ-2 Zone, development of improvements shall be architecturally compatible as to facade and roof treatments, materials and exterior colors used, and landscaping so as to create aesthetic compatibility with the primary improvements in the RMZ-1 Zone and other surrounding structures and natural features.
(6)
In the RMZ-1 Zone, a maximum of three pad sites may be developed with freestanding commercial uses, which may be located within or outside of the mall outer loop road (Winners Circle). Subdivision shall not be required. Pad sites shall be subject to the following area, yard and bulk requirements:
(a)
Pad site building footprints shall not exceed 25,000 square feet. Impervious coverage, building coverage, and floor area ratio shall be subject to the overall requirements for the RMZ-1 Zone as set forth in Schedule C.
(b)
The minimum building setback shall be 25 feet from any property line or internal roadway. The minimum setback for accessory structures shall be 10 feet from same.
(c)
Pad site buildings shall not be located within 500 feet of another pad site building except where separated by Winners Circle, Raceway Mall Drive, or Trotters Way.
(d)
The number of parking spaces required for each pad site use shall be included in the overall parking calculation for the regional mall shopping center as determined by § 190-163 of this chapter. Parking spaces serving each pad site use shall be adjacent to the use and shall not require pedestrian crossing of Winners Circle, Trotters Way, or Raceway Mali Drive.
(e)
Pad site buildings shall have architectural treatments on all four sides and shall be architecturally compatible as to facade and roof treatments, materials and exterior colors used, and landscaping so as to create aesthetic compatibility with the primary improvements in the RMZ-1 Zone and other surrounding structures and natural features.
G.
Temporary, nonpermanent and permanent vendor displays. An owner of a regional mall shopping center in an RMZ-1 Zone shall be permitted to utilize space within the common area of the mall for temporary vendor displays, nonpermanent vendor displays and permanent vendor displays for uses permitted in the RMZ-1 Zone, subject to the following requirements:
(1)
Temporary vendor displays. A "temporary vendor display" shall be defined as any freestanding kiosk, cart or retail mobile unit with wheels used for the sale or promotion for sale of services or goods, for display or dissemination of information or educational materials, or for the entertainment of the general public. The term for a temporary vendor display shall not exceed six months. A zoning permit shall be required for the temporary use of the vendor display area and shall have a maximum duration of six months. One or more consecutive zoning permits may be issued for the same vendor in a particular display area. Each change of vendor shall require a new zoning permit. In reviewing the application for the zoning permit, the Zoning Officer shall determine if the proposed use is permitted as well as what, if any, other inspections or permits are required to comply with applicable health and safety codes. The total number of temporary vendor displays shall not exceed 25.
(2)
Nonpermanent vendor displays. A "nonpermanent vendor display" shall be defined as any immobile unit without wheels used for the sale or promotion for sale of services or goods, for display or dissemination of information or educational materials, or for the entertainment of the general public. There shall be no term limit for a nonpermanent vendor display. A zoning permit shall be required for a nonpermanent vendor display, and a change of vendor shall require a new zoning permit. In reviewing the application for the zoning permit, the Zoning Officer shall determine if the proposed use is permitted as well as what, if any, other inspections or permits are required to comply with applicable health and safety codes. The total number of nonpermanent vendor displays shall not exceed 25.
(3)
Permanent vendor displays. A "permanent vendor display" shall be defined as any fixed installation used for the sale or promotion for sale of services or goods, for display or dissemination of information or educational materials, or for the entertainment of the general public. There shall be no term limit for a permanent vendor display. A zoning permit as well as a subcode UCC permit shall be required for a permanent vendor display, and each change of vendor shall require a new zoning permit. In reviewing the application for the zoning permit the Zoning Officer shall determine if the proposed use is permitted as well as what, if any, other inspections or permits are required to comply with applicable health and safety codes. The total number of permanent vendor displays shall not exceed 15.
(4)
Planning Board review or approval shall be required in connection with the placement of any temporary, nonpermanent or permanent vendor displays within the common area of the mall, if the mall owner seeks to exceed the maximum number of displays permitted herein.
H.
Temporary vendor or display space limited to seasonal shopping events, civic and cultural shows or fairs, trade, antique and craft shows and similar shows and events for the education or entertainment of the general public.
§ 190-159 Village Center Zone.
A.
Purpose. The purpose of the Village Center Zone is to provide for a planned commercial and planned residential development in accordance with N.J.S.A. 40:55D-39c, integrating retail, office, hotel/motel, restaurant and permitted ancillary uses that will be planned and designed in accordance with the overall concept design for the Village Center and designated residential area in compliance with "The Plan" as identified in the amended Consent Order and Stipulation of Settlement to be entered in "537 Freehold Corp. v. Township of Freehold," Docket No. L-50871-89 and all matters consolidated therewith. The application for development of the planned commercial, hotel/motel and restaurant area shall be contiguous to and directly accessible from County Route 537 and shall include Block 70, Lots 20.01 and 20.02 and the northwesterly portions of Block 70, Lots 17.01, 18 and 20. The application for development shall include a residential area on the southeasterly portions of Block 70 including Lot 11.01 and portions of 17.01, 18 and 20 southeast of drainage ditch, stream and wetlands area that extends from a pond at the northern edge of the tract approximately 1,400 feet east of C.R. 537 to a point at the southern edge of the tract approximately 2,700 feet east of C.R. 537 along the southern property line of Lot 20 as depicted on a survey of the tract and made a part of the Consent Order.
B.
Permitted uses:
(1)
Village Center development. Village Center planned development shall be permitted in accordance with the provisions of N.J.S.A. 40:55D-65c. The Planning Board shall be authorized to grant general development plan approval in accordance with § 190-17C of this chapter to provide the increased flexibility desirable to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned commercial development and setting forth variations from the ordinary standards for preliminary and final approval as herein provided. Uses permitted within the Village Center planned development area shall be:
[Amended 4-26-2005 by Ord. No. O-05-12; 6-17 -2008 by Ord. No. O-08-11; 11-24-2020 by Ord. No. O-20-14]
(a)
Office buildings as permitted per § 190-146, Corporate, Multi-Use Development Zones, CMX-10, CMX-4, CMX-3 and CMX-2.
(b)
Retail stores, including "big box" or "retail stack storage" and wholesale clubs including ancillary garden centers, outdoor display area for seasonal sale of plants, Christmas and holiday trees, yard ornaments, garden supplies and seasonal yard and garden equipment.
(c)
Banks and financial institutions, including drive through facilities.
(d)
Fitness and recreational sports centers (NAICS 2007-713940). Only for purposes of allocating uses between retail and office in the Village Center Zone, as set forth in the Amended Stipulation of Settlement, the floor area in excess 34,000 square feet of the fitness and recreational sports center is not a retail use. This allocation and classification of uses shall have no application in any other zoning district within the Township.
(e)
Personal services. Only for purposes of allocating uses between retail and office in the Village Center Zone, personal service establishments shall be considered retail uses. This allocation and classification of uses shall have no application in any other zoning district within the Township.
(2)
Residential development (not to exceed 30 residential building lots) in accordance with the regulations set forth below, provided that there shall not be a roadway interconnection between the residential and commercial development areas except for an emergency access road.
C.
Uses permitted subject to issuance of a conditional use permit:
[Added 11-24-2020 by Ord. No. O-20-14[1]]
(1)
(2)
Hotels and motels, which may include a restaurant, conference facilities, banquet facilities, health and fitness facilities and retail services for the benefit of guests, subject to the following requirements:
(a)
A fire safety plan for evacuation of motel/hotel guests shall be submitted to the Planning Board and Fire Prevention Bureau for review and approval.
(b)
A security plan shall be submitted to the Planning Board and Chief of Police for review and approval.
(c)
Architectural plans shall be provided incorporating sound, light and visual protection plans for lodging areas. Elevations and architectural details shall show the type of structure(s), facade design and exterior fabric material and design compatibility with area structures.
(d)
A minimum planted buffer of 25 feet shall be provided as a visual screen to hotel and motel rooms, pools and exterior patios, and other meeting or public congregation areas, to be planted of conifers and other plant materials.
E.
The maximum permitted floor area in the Village Center planned development shall be 500,000 square feet, with a maximum of 403,573 square feet being utilized for retail. No less than 85% of the permitted retail space shall be comprised of stores with a minimum floor area of 60,000 square feet. A maximum of 10% of the permitted retail space shall be comprised of stores with a minimum floor area of 3,000 square feet. A maximum of 5% of the permitted retail space shall be comprised of stores with a minimum floor area of 1,500 square feet. If less than 403,573 square feet is proposed for retail use, the square footage not so utilized may be utilized for office, hotel/motel and/or restaurant uses. This additional 3,573 square feet does not increase the total development size beyond the 500,000 square feet provided for in this Subsection E. Restaurants, banks and financial institutions are not retail uses. Multiple retail stores, restaurants and/or banks and financial institutions can be located in a single multitenant building, provided that said building and said retail stores, restaurants, and/or banks and financial institutions otherwise conform to the requirements of this § 190-159.
[Amended by 4-26-2005 Ord. No. O-05-12; 3-24-2015 by Ord. No. O-15-5; 11-24-2020 by Ord. No. O-20-14]
F.
Commercial development shall comply with the following area, yard and building requirements:
[Amended by 4-26-2005 Ord. No. O-05-12]
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot width at building line: 500 feet.
(3)
Minimum lot frontage: 500 feet.
(4)
Minimum lot depth: 500 feet.
(5)
Maximum lot coverage: 15% (all buildings); 60% (all impervious surfaces).
(6)
Floor area ratio: 0.18.
[Amended 11-24-2020 by Ord. No. O-20-14]
(8)
Minimum yard depth. Principal and accessory buildings:
(a)
Front yard: 100 feet. See Note (2).
(b)
Side yard: 100 feet. See Notes (1) and (2).
(c)
Rear yard: 100 feet. See Notes (1) and (2).
Note 1. | Any portion of commercial or other nonresidential development in a VC Zone that abuts existing residential properties within a residential zone shall have a minimum side and rear yard of 300 feet for internal roadways and parking lots and a minimum of building setback of 350 feet from residential property lines. The three-hundred-foot yard area shall be landscaped and shall include evergreen and deciduous trees and shrubs that will supplement existing vegetation or provide a new planted area not less than three rows of evergreen and other plant materials that will provide a visual screen between the residential and VC planned development uses. No parking, loading, internal driveways or storage shall be permitted within the three-hundred-foot landscape area. A decorative fence not less than six feet in height shall be provided where necessary and as requested by the Planning Board to provide a visual screen from existing residential properties within a residential zone. Detention and retention systems and appurtenances thereto including wingwalls, outfalls, maintenance and emergency access drives, etc., shall be permitted within the landscape area. | |
Note 2. | Notwithstanding anything to the contrary contained in Subsection E(8)(a), (b) and (c) and in Note 1 above, in a Village Center planned development, the minimum yard depth of every front yard, side yard and/or rear yard which abuts a road under the jurisdiction of the Township is reduced to 25 feet. |
(9)
Minimum width of planted screen: 40 feet.
(10)
Minimum size of principal building:
[Amended 11-24-2020 by Ord. No. O-20-14]
G.
Parking shall be permitted within the front yard setback in the Village Center development, provided that such parking shall not be located within 50 feet of Freehold Smithburg Road (Monmouth County Route 537).
H.
Residential development shall comply with the area yard and building requirements of the R-25 Residential Zone District, except that the minimum lot area for an interior lot shall be 30,000 square feet and the minimum area for a corner lot shall be 35,000 square feet.
I.
Where the Village Center Development abuts existing residential properties within a residential zone any existing natural wooded area should be retained to the greatest extent practicable.
J.
The Village Center Development shall provide a coordinated Colonial architectural design, including building facade, signage, and landscaping.
K.
An Architectural Review Committee may be appointed by the Planning Board to review and make architectural recommendations to the board for building, signage, and landscaping.
L.
Where preliminary and final site plan approval for the overall Village Center development of the project has been obtained, the property may be subdivided into lots within the approved Village Center development area having minimum dimensions as follows, which subdivision may be granted on a main subdivision without further public hearings:
(1)
Minimum lot area: 100,000 square feet.
(2)
Minimum lot dimensions: lot frontage, width and depth 150 feet, measured from principal internal access road.
(3)
Impervious surface coverage (including maximum building coverage). Principal and accessory buildings, roadways and parking areas combined shall not exceed the coverage shown on the approved final site plan. Landscape areas for buildings, parking islands and other areas within the subdivided area shall not be less following subdivision than the approved final site plan.
(4)
Minimum yard depths. Zero feet for principal and accessory buildings where buildings are connected by common or back to back walls, enclosed or covered walkways.
(5)
Minimum size of principal building in square feet: 20,000 square feet gross floor area.
(6)
Floor area ratio: FAR shall not apply to individual subdivided parcels.
(7)
Public and private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.
M.
The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:
(1)
All applicable requirements of the preliminary and final site plan approval other than as provided for above, shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided.
(2)
Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.
(3)
All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the unsubdivided parcel shall continue to apply; and so long as the recording of common usage easements or agreements are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.
(4)
All off-street parking, loading and unloading requirements that apply to the approved final site plan for the unsubdivided parcel pursuant to Article XIV of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as the recording of common usage easements or agreements are made a condition of approval.
§ 190-160 SC Scenic Roadway Corridor Overlay Zone.
An SC Scenic Roadway Corridor Overlay Zone District is hereby established to provide supplemental development regulations in the areas so designated to protect and preserve scenic corridors throughout the Township.
A.
Purpose. The intent of the Scenic Roadway Corridor Overlay Zone is to promote Township-wide aesthetic efforts to maintain the rural/suburban character of the Township, to protect environmentally sensitive lands, to preserve open space and to strengthen existing street tree and natural vegetation preservation efforts. The specific purposes of the Scenic Roadway Corridor Overlay District are:
(1)
Maintain and enhance the rural character of Freehold Township;
(2)
Protect environmentally sensitive lands along roadway corridors;
(3)
Provide for linear aquifer recharge areas along existing and future roadways;
(4)
Enhance water quality from roadway drainage;
(5)
Maintain and enhance Township and regional air quality;
(6)
Provide interlinking wildlife habitat corridors in rural areas of the Township;
(7)
Establish natural vegetation links between major open space areas of the Township.
B.
Definition of Scenic Roadway Corridor Overlay Zone.
(1)
The SC Scenic Roadway Corridor Overlay Zone District will be applicable to all areas in Freehold Township designated as scenic roadway corridors as identified in the study prepared by Townplan Associates entitled "Freehold Township Scenic Roadway Corridor Study" dated March 15, 2002, and as delineated by the SC Scenic Roadway Corridor Overlay Zone District Map dated April 2, 2002, which is incorporated in accordance with § 190-99 of this chapter.
(2)
The standards as provided within the SC Scenic Roadway Corridor Overlay Zone shall be considered more restrictive than the underlying zone, as applicable.
C.
Standards and conditions for development. The objective of the SC Scenic Corridor Overlay Zone is to establish, protect and preserve an area of natural vegetation along each side of a designated roadway. All development within the SC Scenic Roadway Corridor Overlay Zone shall meet the following standards in addition to those required for the applicable underlying zone district:
(1)
Front yard setbacks. Front yard setbacks shall be in accordance with the requirements set forth in Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter. The required setbacks in Schedule C shall be considered minimum setbacks, and every effort should be made to meet a setback of 150 feet where practicable.
(2)
Undisturbed buffer.
(a)
A planted scenic corridor buffer area is to be provided adjacent to all designated scenic corridors. The buffer width shall be in accordance with the requirements set forth in Schedule C at the end of this chapter. Within the required scenic corridor buffer area no disturbance is permitted except for installation of driveways and utilities. Existing vegetation is to be preserved and maintained in its natural state wherever practicable. Supplemental plantings shall be required during site plan or subdivision approval. Exceptions shall be permitted for existing agricultural lands or scenic vistas, which shall generally not be required to provide additional landscape materials other than required street trees. In some cases, supplemental landscaping may be discouraged or prohibited to protect existing views and vistas.
(b)
Grading shall not be permitted within the scenic corridor buffer, except to provide driveway and utility access to the lot or site. No more than one driveway cut shall be permitted per lot. Driveway widths shall be set at the minimum necessary for safety purposes. Subdivision and site plan review shall encourage designs that do not require direct access to a designated scenic corridor, where practicable.
(c)
Scenic corridor.
[1]
The scenic corridor buffer shall be measured from the right-of-way line of the designated scenic roadway. No buildings, structures, signs, parking facilities, fences or other development shall be allowed within the buffer area, except for the following:
[2]
The above-listed improvements are permitted within the buffer only after approval from the Township.
[3]
All refuse containers, garbage collection areas, and ground-mounted mechanical equipment shall be located at the rear of the building and completely screened from view of the designated scenic roadway corridor by evergreen trees and shrubbery or an enclosure with a finished exterior of materials of the same type as used on the primary structure.
[4]
Utility installations must minimize visual impact within the scenic corridors, and tree trimming required to maintain existing overhead utility lines be performed in accordance with acceptable measures.
[5]
Site design review. Applications for projects within the Scenic Roadway Corridor Overlay Zone shall be subject to review by the Township's Shade Tree Commission in addition to standard review requirements.
[6]
No grading is permitted within the Scenic Roadway Corridor Overlay Zone, except that associated with an approved site design plan.
D.
Permitted uses. The uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same uses permitted in the applicable underlying zoning districts, except those prohibited uses listed below.
E.
Permitted accessory uses. The accessory uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same as the accessory uses permitted under the applicable underlying zone districts, with the following prohibitions:
F.
Uses permitted by conditional use. The conditional uses permitted in the Scenic Roadway Corridor Overlay Zone shall be the same as the conditional uses permitted under the applicable underlying zone districts except those prohibited uses listed below.
H.
Maintaining rural roadways. Scenic Corridor roadways that are under the jurisdiction of Freehold Township may be maintained in a rural condition upon resolution of the Township Committee that such roadways or designated portions of do not have to be reconstructed or upgraded to Township standards except for purposes of public safety, drainage and aesthetics. A list and map of rural condition roadways shall be maintained in the Township Engineer's office delineating the roadway or portion of roadway that is declared to be a rural condition roadway by resolution of the Township Committee and including citations of the applicable resolutions for reference purposes.
§ 190-160.1 Freehold Mall Redevelopment Area Plan.
[Added 11-9-2021 by Ord. No. O-21-16]
The Freehold Mall Redevelopment Area Plan is hereby established for the area as designated on the Township Zoning Map. A copy of the Freehold Mall Redevelopment Area Plan is located on the Township website at: https://twp.freehold.nj.us/planning-board_office, or a copy can be requested at the office of the Township Clerk or Planning Board.
§ 190-160.2 Lone Pine Landfill Redevelopment Plan.
[Added 6-28-2022 by Ord. No. O-22-10]
The Lone Pine Landfill Redevelopment Plan is hereby established for the area as designated on the Township Zoning Map. A copy of The Lone Pine Landfill Redevelopment Plan is located on the Township website at: https://twp.freehold.nj.us/planning-board_office or a copy can be requested at the office of the Township Clerk or Planning Board.
§ 190-160.3 3M Redevelopment Plan.
[Added 12-20-2022 by Ord. No. O-22-23]
The 3M Redevelopment Plan is hereby established for the area as designated on the Township Zoning Map. A copy of 3M Redevelopment Plan is located on the Township website at: https://twp.freehold.nj.us/planning-board_office or a copy can be requested at the office of the Township Clerk or Planning Board.
§ 190-160.4 South Freehold Shopping Center Redevelopment Plan.
[Added 7-25-2023 by Ord. No. O-23-16; amended 7-16-2024 by Ord. No. O-24-12]
This Amended and Restated South Freehold Shopping Center Redevelopment Plan dated June 18, 2024, is hereby established for the area as designated on the Township Zoning Map. A copy of the Amended and Restated South Freehold Shopping Center Redevelopment Plan is located on the Township website at: https://twp.freehold.nj.us/planning-board office or a copy can be requested at the office of the Township Clerk or Planning Board. This Amended and Restated South Freehold Shopping Center Redevelopment Plan dated June 18, 2024, shall amend and fully supersede the original South Freehold Shopping Center Redevelopment Plan dated June 20, 2023, and adopted in July 2023.
§ 190-161 Variable lot option and cluster regulations.
[Amended 12-27-2005 by Ord. No. O-05-48]
A.
Application. Variable lot size adjustment regulations may be applied in accordance with the provisions of this subsection to modify lot areas, lot widths and depths, front yard, and rear yard requirements in the R-120 and R-80 Zone Districts at the option of the applicant, but only if the Planning Board finds that the proposed development fulfills the requirements set forth in Subsection B below.
B.
Planning Board determination of eligibility.
(1)
In the event a developer determines to submit a development application utilizing the clustering provisions of this subsection, the Planning Board must first determine if the proposed development plan meets the following conditions and is, therefore, eligible to continue to be processed under the cluster provisions. The requisite provisions are as follows:
(a)
The property planned for development must be located in an R-120 or R-80 Zoning District.
(b)
The minimum size of the tract of land proposed for development under this subsection shall be 100 acres.
(c)
All proposed open space areas must:
[1]
Be immediately adjacent to existing open space areas owned by the state, county or local government; or
[2]
Be or contain an historic landmark as defined in § 190-231 or, in the opinion of the Planning Board, would qualify as a historic landmark.
[3]
Be essential to prevent development on steep slope or mature forest areas.
[4]
Will not result in narrow bands of open space which will be difficult to maintain, have limited utility or encourage encroachment from owners of neighboring lots.
[5]
Will not result in a development project which will appear significantly different in character from other developed properties in close proximity to the proposed development project.
(2)
The Planning Board's determination of eligibility shall be set forth in a written resolution containing specific findings to support its determination.
C.
Appeal of Planning Board determination on eligibility. Any Township resident or other interested party may, within 10 days of the date of the adoption of the Planning Board's resolution concerning eligibility under this subsection, appeal such determination to the Township Committee. To the maximum extent possible, the procedure to be followed in the event of such an appeal shall be the same as that provided by N.J.S.A. 40:55D-17, except as may be specifically modified herein.
§ 190-161.1 Mobile/Manufactured Housing MH.
[Added 12-22-2009 by Ord. No. O-09-37]
A.
Purpose. The purpose of the MH Mobile/Manufactured Housing Zone is to provide for planned mobile/manufactured housing development for seniors in accordance with the licensing provisions of Chapter 213, Manufactured/Mobile Homes, and to permit development of single-family residences in accordance with the R- 40 Residential Zone standards.
C.
Uses permitted subject to issuance of a conditional use permit:
(1)
Supportive-care housing for low- and moderate-income senior citizens and the handicapped.
D.
Area, yard and building requirements: as specified in Schedule C.[1]
[1]
Editor's Note: Schedule C is included at the end of this chapter.
§ 190-161.2 Riparian Zone.
A.
Purpose and authority. The purpose of this section is to designate riparian zones and to provide for land use regulation therein in order to protect streams, lakes, and other surface water bodies of the Township of Freehold and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones as described herein. Compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed upon any other federal, state or local statute, regulation or ordinance.
B. ACID-PRODUCING SOIL APPLICANT CATEGORY ONE WATERS OR C1 WATERS DISTURBANCE INTERMITTENT STREAM LAKE, POND OR RESERVOIR PERENNIAL STREAM RIPARIAN ZONE SPECIAL WATER RESOURCE PROTECTION AREA or (SWRPA) SURFACE WATER BODY (BODIES) THREATENED OR ENDANGERED SPECIES TROUT MAINTENANCE WATER TROUT PRODUCTION WATER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.
A person, corporation, government body or other legal entity applying to the Planning Board or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.
[Amended 12-22-2015 by Ord. No. O-15-26]
Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristic because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting or removing of vegetation.
A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is, an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.4(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.
A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
Species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
C.
Establishment and protection of riparian zones.
(1)
Except as provided in Subsections D and E below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.
(b)
The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:
[1]
Any trout production water and all upstream waters (including tributaries);
[2]
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;
[3]
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
[4]
Any segment of a water flowing through an area that contains acid-producing soils.
(c)
For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.
(2)
If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
(a)
Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's centerline;
(b)
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
(c)
Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and
(d)
Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's centerline.
(3)
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area of the riparian zone on any plan submitted to the Township of Freehold in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative, and, where required by state regulation, the New Jersey Department of Environmental Protection.
D.
Variances. To the extent allowed by the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), new disturbances for projects or activities in the riparian zone established by this ordnance may be allowed through the Planning Board review and approval of a variance, provided the disturbance is proposed to be located on a preexisting lot (existing as of the effective date of this section) when there is insufficient room outside the riparian zone for the proposed use otherwise permitted by the underlying zoning; there is no other reasonable or prudent alternative to placement in the riparian zone, including containing variances from setback or other requirements that would allow conformance with the riparian zone requirement; and upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance is:
[Amended 12-22-2015 by Ord. No. O-15-26]
(1)
Necessary to protect public health, safety or welfare;
(2)
To provide an environmental benefit;
(3)
To prevent extraordinary hardship on the property peculiar to the property; or
(4)
To prevent extraordinary hardship, provided the hardship was not created by the property owner, by not allowing a minimum economically viable use of the property based upon reasonable investment.
E.
Exceptions. To the extent allowed under the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38) and subject to review and approval by the New Jersey Department of Environmental Protection to the extent required by those rules, the following disturbances for projects or activities in the riparian zone established by this section are allowed:
(1)
Redevelopment within the limits of existing impervious surfaces;
(2)
Linear development with no feasible alternative routes;
(3)
Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
(4)
Disturbance necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E; or
(5)
Disturbance with no feasible alternative required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C., Sections 9601 et seq.
F.
Appeals, conflicts and Severability.
(1)
Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the Planning Board under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
(2)
Any party aggrieved by any determination or decision of the Planning Board under this section may appeal to the Township Committee of the Township of Freehold. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
(3)
Conflicts. All other ordinances, parts of ordinances or other local requirements that are inconstant or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section shall apply.
(4)
Severability.
(a)
Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the Ordinance shall continue to be in full force and effect.
(c)
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
G.
Enforcement and penalties.
(1)
A prompt investigation shall be made by the Zoning Officer of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action may be brought in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Township of Freehold, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
(2)
In addition to the foregoing, the Zoning Officer is hereby authorized to issue one or more summonses for any violations of this section. Each day a violation continues shall be considered a separate offence.