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Montgomery City Zoning Code

§ 16-4.15-1 Area 1

Country Club Meadows and Belle Mead Plaza Mixed Use "Inclusionary" Development.

[Ord. #14-1477 S 1]
a. 
Introduction. This sub-development area of the overall PUD is located on two separate tracts of land, including Country Club Meadows, comprised of Block 4001/Lots 33 and 33.01 (portion) on the west side of Route 206, and Belle Mead Plaza, comprised of Block 6001/Lot 1 at the southeast corner of the Route 206/Belle Mead-Griggstown Road intersection. These two separate tracts of land are considered to comprise a single "inclusionary" development to be planned, approved and constructed as a single entity.
b. 
Country Club Meadows Portion. This portion of the inclusionary development will contain detached single-family dwellings, land conservation areas and perimeter buffering.
1. 
Principal Permitted Uses on the Land and in Buildings.
(a) 
One hundred eight detached single-family dwelling units with the following area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures, which are the requirements used to develop East Country Estates which is the prototype for the development of the 108 units:
Detached Single-Family Dwelling Units
Lot area: Minimum = 14,500 square feet; Maximum = 33,000 square feet; & Average = Minimum 22,000 square feet
Principal Building Minimums
Accessory Structure Minimums
Intensity Maximums
Lot frontage
100 feet
Distance to side line
10 feet
Principal building coverage
15%
Lot width
100 feet
Distance to rear line
15 feet
Accessory structures coverage
3%
Lot depth
125 feet
Distance to other building
10 feet
Floor/area ratio (FAR)
0.20*
Side yard (each)
20 feet
Lot coverage
25%
Front yard
40 feet
Rear yard
30 feet
*Except that approved lots less than 18,250 square feet in area shall be permitted a maximum floor area of 0.25
(b) 
Forty patio home detached single-family dwelling units with the following area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures:
Patio Home Detached Single-Family Dwelling Units
Lot area: Minimum = 5,000 square feet; Maximum = 7,000 square feet; & Average = Minimum 6,000 square feet
Principal Building Minimums
Accessory Structure Minimums
Intensity Maximums
Lot frontage
50 feet
Distance to side line
5 feet
Principal building coverage
40%
Lot width
50 feet
Distance to rear line
10 feet
Accessory structures coverage
NA
Lot depth
100 feet
Distance to other building
5 feet
Floor/area ratio (FAR)
0.55
Side yard (each)
7.5 feet
Lot coverage
55%
Front yard
20 feet
Rear yard
25 feet
(c) 
Conservation areas and public purpose uses.
2. 
Accessory Uses Permitted.
(a) 
Private residential swimming pools (see Subsection 16-5.15).
(b) 
One private residential tool shed not to exceed 150 square feet in area and 15 feet in height.
(c) 
Recreational facilities customarily associated with detached single-family dwelling units.
(d) 
Off-street parking and private garages (see Subsection 16-2.1, Subsection 16-4.15-1b4 hereinbelow and Subsection 16-5.8).
(e) 
Fences and walls (see Subsection 16-5.3).
(f) 
Signs (see Subsection 16-4.15-1b5 hereinbelow and Subsection 16-5.13).
(g) 
Home occupations (see Subsection 16-6.7 for requirements and review procedures).
(h) 
Underground sprinkler systems, provided the spray therefrom is not projected outside of the lot line or street lines.
(i) 
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
3. 
Maximum Building Height. No principal building shall exceed 35 feet in height and 2 1/2 stories and no accessory building shall exceed 15 feet in height and 1 1/2 stories, except as further allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
4. 
Minimum Off-Street Parking. Each detached single-family dwelling shall provide off-street parking spaces according to the following minimum provisions. No parking area or driveway shall be located within five feet of any property line.
(a) 
Detached single-family dwelling units shall provide 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling unit shall be provided.
(b) 
Each garage car space shall be counted as one off-street parking space.
(c) 
A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway leading to the garage is at least 18 feet in length, measured between the garage door and the curb or between the garage door and a sidewalk, whichever distance is less.
(d) 
A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided the driveway leading to the garage is at least 20 feet wide and at least 18 feet in length, measured between the garage door(s) and the curb or between the garage door(s) and a sidewalk, whichever distance is less.
(e) 
See Subsection 16-5.8 for additional standards.
5. 
Permitted Signs.
(a) 
Each principal permitted detached single-family dwelling may have one attached sign not exceeding two square feet in area.
(b) 
The Country Club Meadows portion of the mixed use inclusionary development shall be permitted one ground mounted freestanding sign at each entrance into the development along Route 206, provided that the sign shall not exceed 30 square feet in area and eight feet in height and is set back at least 10 feet from any street right-of-way line and 25 feet from any other property line.
(c) 
Each freestanding sign may be lighted, provided the lighting is exterior to the sign and is located at the top of the sign focused downward onto the sign.
(d) 
Additional signage within the interior of the development may be approved by the Planning Board for directional purposes or other good cause shown by the applicant as part of the site plan approval.
(e) 
See Subsection 16-5.13 of this chapter for permitted temporary signs, additional standards and the design requirements for signs.
6. 
Additional Zoning and Development Requirements. Approval of the site plan for the Country Club Meadows portion of the inclusionary development shall include the following additional requirements:
(a) 
All freshwater wetlands and transitional buffer areas, after any buffering averaging approved by the NJDEP, and all other treed areas shown on the Concept Plan shall be placed into a conservation deed restriction.
(b) 
All perimeter buffer areas shown on the Concept Plan bordering Route 206, including: 1) the buffer area bordering the CSX railroad bridge; 2) the buffer areas along the railroad; 3) the buffer area bordering the Montgomery Chase West residential development to the south: and 4) the buffer area within the Continuing Care Facility (CCF) (which is another sub-development area in the Concept Plan) that borders the patio home dwelling units, shall be reviewed by the Township Planning Board and constructed by the developer of the inclusionary development as part of its approval, with any existing vegetation augmented with additional landscaping as may be required by the Board at the time of site plan review, and with all the buffer areas placed into a conservation deed restriction.
(c) 
As shown on the Concept Plan, the buffer areas between the CSX railroad bridge and the CCF development, between the patio homes and the CCF development, and between the railroad and the detached single-family dwelling unit lots shall have the buffer plantings installed atop and/or along earthen berms as approved by the Township.
(d) 
No building shall be located within 250 feet of the Route 206 right-of-way.
(e) 
A pedestrian path at the southern end of Country Club Meadows shall be constructed by the developer connecting to a pedestrian crossing of Route 206 to the proposed commercial development on the other side.
(f) 
Given the cultivated field condition of the tract and the absence of any abutting existing detached single-family dwellings except along the southerly border of the tract, and notwithstanding any other ordinance provision to the contrary, the maximum thirty-five-foot height of the detached single-family dwelling units shall be measured to the highest point of the building from the mean finished grade elevation of the four corners of the subject dwelling, except that the building height of any dwelling unit on any lot within 100 feet of the southern tract boundary line with the adjacent Montgomery Chase West residential development shall be measured in accordance with the definition of "building height" in Subsection 16-2.1.
c. 
Belle Mead Plaza Portion. This portion of the inclusionary development shall contain the following land uses and other improvements to be constructed by the developer:
1. 
Principal Permitted Uses on the Land and in Buildings.
(a) 
One approximately 61,000 square foot two-story multi-use building with approximately 244 parking spaces. Retail sales of goods and services, offices, banks and/or child care centers shall be located on the first floor of approximately 31,000 square feet, and a total of 28 apartment units shall be located on the second floor, including 27 COAH qualified affordable non-age-restricted apartment units for rent and one additional market rate apartment unit for an on-site residential manager.
(b) 
Conservation areas and public purpose uses.
(c) 
While there is no existing zoning district in Montgomery Township that would permit the proposed Belle Mead Plaza multi-use building with the specifically required apartment units above retail/office space, the following modified requirements of the existing HC Highway Commercial district for individual uses shall govern the development, which includes 5% additional lot coverage to accommodate the combined retail/office and residential use of the building and an increased floor/area ratio (FAR) to accommodate the apartment units:
Belle Mead Plaza Multi-Use Building
Lot area: Minimum = 1 acre
Principal Building Minimums
Accessory Structure Minimums
Intensity Maximums
Lot frontage
150 feet
Distance to side line
15 feet
Nonresidential FAR
0.20
Lot width
150 feet
Distance to rear line
15 feet
Total floor/area ratio (FAR)
0.30
Lot depth
150 feet
Distance to other building
20 feet
Lot coverage
60%
Side yard (each)
25 feet
Front yard
50 feet
Rear yard
50 feet
2. 
Accessory Uses Permitted.
(a) 
Off-street parking (see Subsection 16-4.15-1c4 hereinbelow and Subsection 16-5.8 for the design requirements for off-street parking, loading areas and driveways).
(b) 
Off-street loading (see Subsection 16-4.15-1c5 hereinbelow).
(c) 
Fences and walls (see Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
(d) 
Signs (see Subsection 16-4.15-1c6 hereinbelow and Subsection 16-5.13 for the design requirements for signs).
(e) 
Lighting (see Subsection 16-5.4 of this chapter for the design requirements for lighting).
(f) 
Temporary construction trailers and one temporary sign not exceeding 32 square feet in area, either attached to the trailer or free-standing, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all perimeter property lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
(g) 
Child care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
(h) 
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
3. 
Maximum Building Height. No principal building shall exceed 35 feet and 2 1/2 stories in height except as allowed in Subsection 16-6.2b of this chapter, entitled "General Exceptions and Modifications for Height Limits."
4. 
Minimum Off-Street Parking. Each individual use shall provide parking spaces according to the following minimum provisions. The total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together:
(a) 
Retail sales of goods and services, offices and banks shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof. Additionally, drive-in banks shall provide room for at least six automobiles per drive-in window for queuing purposes.
(b) 
Child care centers shall provide parking at the ratio of one parking space per employee plus one additional parking space for every eight children. Additionally, adequate area shall be provided for the loading and unloading of children, which shall take place on site and not in the public right-of-way.
(c) 
Each 1-bedroom apartment shall provide 1.8 parking spaces, each 2-bedroom apartment shall provide 2.0 parking spaces, and each three-bedroom apartment shall provide 2.1 parking spaces.
(d) 
See Subsection 16-5.8 of this chapter for the design standards regarding off-street parking, loading areas and driveways.
5. 
Off-Street Loading.
(a) 
Unless an alternate method of loading and unloading specifically is approved by the Planning Board, the principal building shall provide an off-street loading space at the side or rear of the building or within the building. In any case, there shall be no loading or unloading from the street.
(b) 
There shall be at least one trash and garbage pick-up location within convenient access to the building, including provisions for the separation and collection of recyclable materials in accordance with the recycling requirements of Somerset County and in accordance with the following:
(1) 
The trash and garbage pick-up location shall be provided either within the building being served or in a pick-up location outside the building;
(2) 
If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions; and
(3) 
If located outside the building, the trash and garbage pick-up location shall include a steel-like, totally enclosed trash and garbage container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three.
6. 
Permitted Signs.
(a) 
The principal building may have one freestanding sign and, additionally, each principal tenant in the building may have one attached sign, provided and in accordance with the following:
(1) 
Any freestanding sign shall not exceed 75 square feet in area, shall not exceed eight feet in height, and shall be set back at least 20 feet from any street right-of-way line and 25 feet from any other property line.
(2) 
Each principal tenant on the first floor of the building with direct access from the outside shall be permitted a sign attached flat against the building. The size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on a street and occupied by the tenant, but in no case shall the size of the sign exceed 50 square feet in area.
(3) 
One additional attached sign is permitted for a principal tenant within the building which faces two streets, provided that the sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on said street, but in no case shall the size of the sign exceed 20 square feet in area.
(4) 
All signs shall adhere to a common architectural theme regarding lettering style, lighting and color.
(b) 
See Subsection 16-5.13 of this chapter for permitted temporary signs, additional standards and the design requirements for signs.
7. 
Additional Zoning and Development Requirements.
(a) 
The affordable apartment units shall be constructed according to the following schedule tied to the construction of the market rate detached single-family and patio home detached dwelling units in the Country Club Meadows portion of the inclusionary development:
Maximum Percentage Of Detached Dwellings Receiving Certificates of Occupancy
Minimum Percentage Of Affordable Apartment Units Receiving Certificates of Occupancy
Up to 25%
0% (none required)
25% + 1 unit
10%
50%
50%
75
75
90%
100%
(b) 
The applicant shall construct a play lot on adjacent municipal land designated by the Township as the location for the play lot, with separate sections and apparatus for children two years to five years of age and five years to 12 years of age, with benches in-between.
(c) 
The applicant shall construct a six-foot wide pedestrian bridge over Cruser Brook and sidewalks as necessary to provide sidewalk connectivity between development in the Belle Mead node and Montgomery Park to east.
(d) 
The developer shall dedicate a right-of-way and shall construct a connecting roadway between Belle Mead-Griggstown Road and Covert Drive.
(e) 
The front, sides and rear of the building shall be similarly designed and finished with the same materials and similar architecture. The building exterior shall have vertical and/or horizontal offsets to create visual breaks along each facade. Long, monotonous, uninterrupted walls are not permitted.
(f) 
No merchandise, products, equipment or similar material and objects shall be displayed or stored outside.
(g) 
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 40% of the area of the lot shall be so landscaped, and the landscaped area may include approved detention and/or retention basins.
(h) 
No parking area, loading area, driveway or other structure (except for approved access ways, signs and fencing) shall be permitted within the first 25 feet adjacent to any street line nor within the first 15 feet adjacent to any other property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Planning Board.