Farms.

Detached dwelling units.

Public playgrounds, conservation areas, parks and public purpose uses.

Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).

Private residential swimming pools (see Subsection 16-5.15).

Private residential sheds for the storage of objects owned by the residents of the property.

Recreational facilities customarily associated with detached single-family units. Any recreational facilities located on open space lands within a Residential Cluster shall be subject to review by the Planning Board regarding surface water management and potential negative impacts upon nearby properties.

Off-street parking and private garages (see Subsection 16-6.5b6 hereinbelow and Subsection 16-5.8).

Fences and walls (see Subsection 16-5.3).

Signs (see Subsection 16-6.5b7 hereinbelow and Subsection 16-5.13).

Home occupations in Residential Clusters I only (see Subsection 16-6.7 for requirements and review procedures).

Underground sprinkler systems, provided the spray therefrom is not projected outside of the lot or street lines.

In conjunction with farms only, roadside stands offering for sale produce harvested on the farmed premises, provided they are set back at least 15 feet from the street line and have no more than one sign in excess of eight square feet. See the definition of farm in Subsection 16-2.1 for additional permitted accessory farm uses.

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.

Non-age-restricted detached dwelling units shall not exceed 35 feet and 2 1/2 stories in height.

Age-restricted detached dwelling units shall not exceed 32 feet and 2 1/2 stories in height, except as follows:

No accessory building shall exceed 15 feet and one story in height.

Residential Clusters I (with both public water and public sewer facilities). The maximum number of dwelling units permitted within a Residential Clusters I development is equal to one dwelling unit per gross acre of "non-critical" lands within the tract, from which acreage an area equivalent to 10% of the total tract acreage is first subtracted as an allotment for streets, plus a transfer of an additional 1/5 dwelling unit per gross acre from any "critical" lands within the tract to the "non-critical" areas, provided and in accordance with the following:

Residential Clusters II (with both public water and public sewer facilities). The maximum number of dwelling units permitted within a Residential Clusters II development is equal to two dwelling units per gross acre of "non-critical" lands within the tract, from which an area equivalent to 10% of the total tract acreage is first subtracted as an allotment for streets, plus a transfer of an additional 1/5 dwelling unit per gross acre from any "critical" lands within the tract to the "non-critical" areas, provided and in accordance with the following:

Two and one-half spaces per dwelling unit. Each garage space and the driveway leading to the garage space shall, together, be considered one parking space.

No parking area or driveway shall be located within six feet of any property line of a lot within any Residential Clusters I development.

Any parking area or driveway on a lot within any Residential Clusters II development shall be set back from any property line at least the same distance as the garage is set back from the property line, or six feet, whichever is less.

Detached dwelling units: Information and direction signs as defined in Subsection 16-5.13a5.

See Subsection 16-5.13 for additional standards.

All age-restricted units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period, and the wording of such deed restriction shall be submitted to the Planning Board for review and approval as part of the application for final subdivision approval;

Garages shall be attached to the principal building and shall be considered part of the detached dwelling unit for floor/area ratio calculations; no detached accessory garages shall be permitted;

The gross floor area situated above the first floor of a detached dwelling unit shall not equate to more than 42.5% of the gross floor area situated on the first floor of the dwelling unit;

Windows on detached dwelling units shall be restricted as follows:

Architectural elevations of all proposed age-restricted dwelling units shall be submitted to the Planning Board for review and approval as part of the final subdivision submission and the information provided shall include the proposed surface materials of the buildings; and

Any lot for an age-restricted dwelling unit shall be set back at least 100 feet from any perimeter tract boundary line and any existing roadway, except that the Planning Board shall selectively permit setbacks more or less than 100 feet in accordance with the following:

Detached single family dwellings.

Townhouses and/or apartments (see Subsection 16-6.3 for additional standards).

Senior citizen housing as a conditional use under N.J.S.A. 40:55D-67 (see Subsection 16-6.1 for standards).

Nonresidential uses limited to those listed hereinbelow provided that the total area of land devoted to said nonresidential uses shall encompass no more than 10% of the overall tract acreage and provided that the nonresidential uses are primarily oriented to serve the needs of the residents of the Planned Residential Development:

Recreational facilities as approved by the Planning Board as part of a site plan application for development.

Off-street parking and private garages (see Subsection 16-6.5c6 hereinbelow and Subsection 16-5.8).

Fences and walls (see Subsection 16-5.3); provided that the Board may approve privacy fences and walls up to six feet in height, with such fences and walls located on lot lines as a shared element between the lots.

Signs (see Subsection 16-6.5c8 hereinbelow and Subsection 16-5.13).

Patios and wooden decks as specifically approved by the Planning Board.

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.

The minimum roof pitch of the building is at least a 5:12 ratio;

Every egress window as defined by the Uniform Construction Code of the State of New Jersey shall be directly and safely accessible from the ground by the twenty-eight-foot ladder placed at the National Fire Protection Association at the National Fire Protection Association (NFPA) accepted ladder-to-ground angle of elevation;

The slope of the grade within 15 feet of the building shall be no greater than 3%;

The third story exposed vertical walls do not exceed 75% of the perimeter of the building foundation; and

No more than 50% of the total number of residential buildings within the Planned Residential Development shall include any section of the buildings exceeding 35 feet in height and 2 1/2 stories.

Minimum distance between townhouse and apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between the buildings shall be the sum of the two abutting distances. The minimum distances shall be 25 feet for the front of a building on a public street and 10 feet for the front of a building on a private street; 15 feet for the side of a building; and 25 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, providing that the corner of a building offset more than a 20° angle from a line drawn parallel to another building shall be considered a side of the building. In addition, no building shall be located closer than 50 feet from the right-of-way line of an arterial street, 40 feet from the right-of-way line of any collector street, 25 feet from the right-of-way line of any local street, or 10 feet from any private road or parking area. Wooden decks extending into the rear yard not more than eight feet from a building may be included in the required separation distances between townhouse and apartment buildings, but shall not be included in the required setback distances from streets, private roads, or parking areas.

Areas devoted to the permitted nonresidential uses shall meet the following requirements:

Detached single-family dwellings shall meet the following requirements:

Detached single-family dwellings shall provide two spaces per dwelling unit.

Townhouses and apartments without garages shall provide 1 1/2 spaces for each unit consisting of one bedroom or less and two spaces for each unit consisting of more than one bedroom. Townhouses and apartments with garages shall provide two spaces per unit. Each one car garage space and the driveway leading to the garage space shall, together, be considered 1 1/2 parking spaces; provided the driveway is dimensioned to park a car off-street in accordance with the definition of "Parking Space" in Subsection 16-2.1 of this chapter.

Retail and service activities and shopping centers shall provide parking at the ratio of one space per 200 square feet of net habitable floor area.

Banks shall provide parking at the ratio of one space per 200 square feet of net habitable floor area. Additionally, drive-in banks shall provide room for at least 12 automobiles per drive-in window and/or lane for queuing purposes.

Restaurants shall provide a minimum of one parking space for every three seats.

Professional offices shall provide one space for every 250 square feet or fraction thereof of net habitable floor area.

In any event, each use shall provide a sufficient number of spaces in appropriate locations so that no parking aisle or fire lane is used at any time for parking. Streets may only be used for parking if specifically approved by the Board. Moreover, parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street(s).

See Subsection 16-5.8 for additional standards.

Detached single-family dwellings: Information and direction signs as defined in Subsection 16-5.13a5.

Townhouses and apartments shall be permitted signing as specifically approved by the Board based upon the specific needs of the proposed development.

Each principal commercial building not part of a shopping center or each shopping center may have (1) major sign either free-standing or attached, not exceeding 5% of the front facade of the principal building or 75 square feet, whichever is smaller. Free-standing signs shall be set back at least 30 feet from all street and property lines. Where a principal use occupying at least 750 square feet of segregated area has direct access from the outside, a sign not exceeding eight square feet in area identifying the name of the activity shall also be permitted. Such additional signs(s) shall be either attached flat against the building at the entrance to the activity or suspended in perpendicular fashion from a roof over a common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade below.

Traffic directional signs and entrance signs to the Planned Residential Development and to different portions of the Planned Residential Development shall be permitted as specifically approved by the Board based upon the specific needs of the proposed development.

All signs in the development shall conform in character with all other signs in the development and shall blend with the overall architectural scheme of the development.

See Subsection 16-5.13 for additional standards.

At least 20% of the total number of townhouse and apartment residential dwellings with a Planned Residential Development (PRD) shall be subsidized or otherwise made affordable to lot and moderate income households as discussed and defined in the Mt. Laurel II Supreme Court Decision (So. Burlington County, N.A.A.C.P. v. Mt. Laurel Tp., 92 N.J. 158 (1983).

See Subsection 16-6.5e for additional standards and requirements.

The location and construction of adequate recreational facilities throughout the Township for public use;

The conservation of stream rambles throughout the Township for passive recreational use, thereby forming connective links for pedestrian travel;

The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, 500-year flood plains, wetlands, and treed acreage.

The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space.

The Township shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

If the applicant proposes that the common open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space.

All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.

If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain such open space and recreation areas in reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.

Any open space organization or trust initially created by the developer shall clearly describe in its by-laws and resolutions the rights and obligations of the homeowners and tenants in the residential development. In the case of planned developments containing townhouse dwelling units, the by-laws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the townhouse dwelling units which shall be approved as part of the original site plan application and/or amendments thereto. The articles of incorporation of the organization and the by-laws and resolutions shall be submitted for review by the Planning Board prior to the granting of the original final or amended site plan approval by the Township.

At least 25% of the required number of low and moderate income units shall be rental units. The developer shall ensure that 50% of said rental units shall be provided for low income households and 50% for moderate income households. Moreover, the bedroom mix of the low- and moderate-income units shall, at a minimum, contain the following distribution of unit types:

At least 25% of the required number of low and moderate income units, and such additional units as may be required to achieve the low and moderate income housing requirements within the development, shall be dwellings for sale. The developer shall ensure that 50% of said sale units shall be provided for low income households and 50% for moderate income households. Moreover, the bedroom mix of the low- and moderate-income units shall, at a minimum, contain the following distribution of unit types:

Upon proofs submitted by the applicant that low and moderate income housing units are more likely to be produced by the waiver of the rental vs. sales mix requirements set forth in Subsections 16-6.5e3(a) and 16-6.5e3(b) hereinabove, the Planning Board shall permit the applicant to provide only rental or only sale units; provided, however, that if only sale units are proposed, the applicant shall make available a sum equivalent to the required downpayment for the available mortgage financing at the time of closing for 50% of the low-income units as a fund available to assist low-income households with the purchase of a dwelling unit.

Tracts of contiguous land 25 acres in size and larger within the R-5 and/or MR zoning districts are permitted to be developed in accordance with the optional single-family conservation design subdivision provisions of this subsection.

Tracts of contiguous land less than 25 acres in size, but in no case less than 10 acres in size, may be permitted to be developed in accordance with the optional single-family conservation design subdivision provisions of this subsection, provided that the Planning Board concludes the following based upon evidence provided by the applicant:

The schematic test subdivision plan must include the following information on a plan prepared, signed and sealed by a qualified professional engineer licensed to practice in the State of New Jersey:

The applicant also shall provide the results of soil permeability tests (either basin flood or pit bail) and depth to mottling measurements, each witnessed by a representative designated by the Montgomery Township Board of Health, for each of the lots included within the schematic test subdivision plan.

Utilizing the following criteria, the Planning Board shall evaluate the submitted schematic test subdivision plan for the conventional development in order to determine the total number of residential lots that could be developed on the subject tract without utilizing the subject single-family conservation design subdivision ordinance provisions:

Upon the conclusion of its evaluation of the submitted schematic test subdivision plan for the conventional development, the Planning Board shall make the final determination, by a majority vote of the quorum present, regarding the maximum total number of residential lots that could be developed on the subject tract without utilizing the subject single-family conservation design subdivision ordinance provisions; the number of lots so determined by the Planning Board shall be the maximum number of lots that can be considered for development as part of a single-family conservation design subdivision.

The design of a single-family conservation design subdivision shall be in accordance with an overall theme to be indicated in writing by the applicant, and the plans shall first identify the portions of the tract to be preserved and safeguarded, including open spaces, treed areas, historic sites, existing streetscapes, steep slopes, flood plains, wetlands, wetlands transitional areas, stream corridors and scenic vistas;

The residential lots within a single-family conservation design subdivision shall be located secondarily and in consideration of the portions of the tract to be preserved; therefore, the lots might appropriately be separated from one another and located in various portions of the tract rather than being clustered together;

Residential lots shall be located within those portions of the tract not obviously visible from existing roads unless such locations would otherwise advance the purpose in Subsection 16-6.5g1 of these ordinance provisions.

Unless specifically approved by the Planning Board, either because there is no practical alternative and/or because the resulting layout will further the stated purposes of these ordinance provisions, no residential lot shall abut any existing public street; and

The single-family conservation design subdivision shall not include any hardship variances under N.J.S.A. 40:55D-70c.(1), but may include variances under N.J.S.A. 40:55D-70c.(2) when the Planning Board finds that a deviation from a zoning requirement would advance the stated purposes of this subsection and where the benefits of the deviation would substantially outweigh any detriment.

Once the Planning Board has informally approved a concept plan, the applicant may proceed to prepare and submit a formal application for major subdivision approval in accordance with the applicable provisions of the Land Development Ordinance, including all required approvals by the Township Board of Health for the lots to be built upon.

However, should the Planning Board determine that a submitted concept plan does not meet the design criteria noted hereinabove, the applicant shall revise the concept plan as required.

Upon resubmission of a revised concept plan, should the Planning Board still determine that the plan does not meet the design criteria noted hereinabove, the Planning Board may reject the single-family conservation design subdivision option for the development of the subject land area, and the applicant may proceed with a conventional development as otherwise permitted on the subject lands by the Land Development Ordinance.

Detached dwelling units.

Playgrounds, conservation areas, parks and public purpose uses.

One private residential tool shed not exceeding 15 feet in height and 100 square feet.

Recreational facilities and landscaping features customarily associated with detached single-family dwelling units, except that a private residential swimming pool shall only be deemed a permitted accessory use when there is sufficient area in the rear yard of a lot to locate the swimming pool in accordance with the requirements in Subsection 16-5.15 of the Land Development Ordinance, without any variances or waivers from the applicable ordinance provisions; otherwise, private residential swimming pools shall not be permitted.

Off-street parking and private garages (see Subsection 16-5.8 for general provisions).

Fences and walls (see Subsection 16-5.3 for general provisions).

Information and direction signs (see Subsection 16-5.13a5 for general provisions) and other such temporary signs as permitted in Subsection 16-5.13.

Home occupations (see Subsection 16-6.7 for requirements and review procedures).

Underground sprinkler systems, provided that the spray therefrom is not projected outside of the lot line or street lines, and that no portion of the system is located closer than 20 feet from a septic system disposal field.

Satellite dish antennas as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1i for conditions and standards).

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.

No principal building shall exceed 35 feet in height and 2 1/2 stories; and

No accessory building shall exceed 25 feet in height and two stories, unless a lesser height is specifically specified by the Ordinance.

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.

No parking area or driveway shall be located within 10 feet of any property line.

A minimum percentage of the tract of land proposed for a single-family conservation design subdivision development shall be specifically set aside as open space for preservation in accordance with the following schedule:

Land utilized for street rights-of-way and detention or retention basins shall not be included as part of the above required open space set-aside percentages.

If the maximum number of allowable lots established for the tract cannot be accommodated without the preservation of the required open space acreage, then either a lesser number of lots shall be proposed by the developer in order to provide the required open space acreage or the tract shall not be approved for the single-family conservation design subdivision option and, instead, may be developed as a conventional development in accordance with the underlying zoning district provisions.

Any land proposed as open space shall be left in its current condition and/or improved as specifically approved by the Planning Board to best suit the purpose(s) for which the particular open space is intended.

Should the proposed development consist of a number of development stages, the entirety of the open space acreage to be preserved shall be provided as a condition to the final approved of the first stage.

The open space to be preserved may be offered by deed to the Township or shall be deed restricted as common open space to be owned and maintained by an organization established for the benefit of the homeowners within the development.

To create a mixed-use commercial center that emphasizes and imparts a special sense of identity through planned pedestrian circulation and attractive civic and open spaces;

To create a central place within the center that expresses such identity, which includes calmed vehicular lanes, broad sidewalks and public spaces to accommodate a variety of activities and serve as a framework for a concentration of commercial uses;

To incorporate site design and construction elements that will stimulate local patronage of the retail and other uses within the complex;

To facilitate the creation of an overall pedestrian circulation system throughout the commercial center of Montgomery Township, linking all four corners of the Route 206/Route 518 intersection;

To promote a high quality of design for buildings, signs, parking areas and streetscape;

To create dispersed parking areas and discourage large, single-level parking lots;

To provide controlled interaction between motorized vehicles, bicycles and pedestrians;

To preserve the quality of the natural environment;

To encourage energy conservation and sustainable design;

To encourage and facilitate the use of mass transit in the Route 206 corridor; and

To promote the concepts of Smart Growth as described in the New Jersey State Development and Redevelopment Plan.

These overlay ordinance provisions for a Planned Shopping Complex on the subject lands are an optional development alternative to the existing underlying zoning provisions, which are to remain in effect.

However, if any portion of the subject land area is to be developed as a Planned Shopping Complex, then no portion of the land area may be developed in accordance with the currently existing underlying zoning provisions, and any such action of a developer to develop any portion of the subject property with the underlying zoning provisions will negate the ability of any portion of the remaining lands to be developed as a Planned Shopping Complex and may result in the repeal of the Planned Shopping Complex optional ordinance provisions.

The developer of the Planned Shopping Complex shall be responsible for the construction of all portions of all Master Plan roads/thoroughfares within the subject land area and, additionally, for any improvements required by Somerset County along the tract's frontage on Route 518 and any traffic light upgrades and related road improvements required by New Jersey Department of Transportation along the tract's frontage on Route 206.

No use within a Planned Shopping Complex shall have direct driveway access to an existing public street, including Route 206 and Route 518.

A Planned Shopping Complex shall only be approved by the Planning Board if the development is provided the required public utility services and connections.

In the event the developer of the Planned Shopping Complex proposes a phased development, same shall only be approved by the Planning Board if the phasing plan is submitted to the Board and approved by the Township Committee as part of a developer's agreement. The phasing plan shall indicate the areas of the related improvements to be developed during each phase including, but not limited to, the land uses, road improvements, stormwater management facilities and utilities. In the case that the developer proposes a phased development, the first phase will be the commercial component, or, as a minimum, the portion of the commercial component that includes the Promenade, the open space elements, and movie theater. In any event, the first phase shall also include (1) completion of the public roadways as established by and in accordance with the Traffic Circulation Plan Element 2003 Amendment No. 1 of the Master Plan dated April 30, 2003, and (2) roadway improvements to County Route 518 and State Route 206 in accordance with municipal, County and State approvals. No building permit for a residential dwelling may be sought until the completion of (1) the public roadways identified in the Traffic Circulation Plan Element 2003 Amendment No. 1 of the Master Plan dated April 30, 2003, and (2) the roadway improvements to County Route 518 and State Route 206. Notwithstanding the foregoing, in the event that the public roadways identified in the Traffic Circulation Plan Element 2003 Amendment No. 1 of the Master Plan dated April 30, 2003 and the roadway improvements to County Route 518 have been completed, provided that the roadway improvements to Route 206 have commenced and are being diligently completed, the developer may seek building permits for not more than 25% of the residential dwellings. All contract purchasers for residential dwellings shall be informed in writing of this provision by the developer, the form of said notice to be approved by the Township Attorney.

Except for the public roadways (post-acceptance) within the shopping complex, the developer and, thereafter, the managing entity of the complex, shall be responsible for the repair and maintenance of all structures, landscaping, lighting, snow removal, detention basins and open spaces. This includes all site furnishings, whether within or outside of a public street right-of-way.

Promenade:

Retail sales of goods and services, provided that no retail use shall have more than one drive-through service window/lane.

Professional offices.

Banks, including drive-through facilities.

Public Utility Uses as Conditional Uses under N.J.S.A. 40:55D-67 (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1a for the required conditions and standards for Public Utility Uses).

Single-family homes, of no more than 34 dwelling units shall be permitted.

Movie theaters, including an integrated internal bowling alley, game room and/or a restaurant with an outdoor eating area.

Child Care Centers.

Restaurants, provided that drive-through service for restaurants shall be subject to the following conditions:

Hotels, containing up to 150 rooms for guests.

Outdoor eating areas, for table service or self-service, associated with a permitted restaurant are permitted, as long as a pedestrian pathway having a minimum width of five feet is maintained within any walkway or sidewalk adjacent to the outdoor eating area.

Street furniture as may be approved by the Planning Board, including benches, statuary, fountains, trash receptacles, bicycle racks, bell and/or clock towers, and kiosks, all in accordance with the following criteria:

Transit-related shelters.

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.

Temporary leasing trailer associated with the Planned Shopping Complex development.

The expected site layout of the proposed Planned Shopping Complex has been put in the form of a concept plan by the prospective developer, and it is the latest version of that concept plan which has been generally endorsed by the Montgomery Township Committee and Planning Board and which forms the basis for these ordinance provisions.

The most current and detailed concept plan for the Planned Shopping Complex was prepared by Bohler Engineering entitled "Site Plan Exhibit" and dated January 27, 2017. The concept plan encompasses the entirety of the zoning district.

The Concept Plan for Montgomery Promenade is included in these ordinance provisions by reference to indicate the desired overall concept of how the subject property should be planned under the terms of these optional alternative development and zoning provisions for a Planned Shopping Complex on the subject lands.

However, it is not intended that the concept plan be considered definitively specific regarding any particular aspect of the plan, and it is expected that the review of a formally submitted site plan by the Planning Board during the public hearing process will result in further refinements to the concept plan while being substantially consistent with the original concept.

Maximum floor/area ratio (FAR) for nonresidential development shall be 0.175.

Maximum number of single-family detached homes: 34.

Area and Spatial Requirements:

Building Height Requirements.

Area and Bulk:

Building Height:

Facade Design:

Accessory Uses Permitted:

Accessory Structures:

Exterior Restrictions. The construction of any accessory structure or addition on these lots which cannot accommodate them without violating the maximum principal building coverage, maximum floor/area ratio and/or maximum lot coverage as set forth in the Montgomery Township Land Development Ordinance at Subsection 16-6.5h is prohibited. This restriction would be in the individual property deeds for the lots as well as on the Sales Map and in a sales disclosure notice. The submitted Declaration of Covenants and Restrictions shall reflect the language above.

A lighting plan shall be submitted for review and approval indicating:

Predicted initial and maintained illumination for the entire complex;

Predicted illumination grid shall be extended out to the point where levels are anticipated to be zero footcandles;

Individual areas to be illuminated shall be identified on an overall plan and calculated separately include: parking areas, streets/thoroughfares, pedestrian walkway/areas, open space/plaza, outdoor dining areas and any other discrete areas.

For each individual area in paragraph (c) above, a summary of the illumination characteristics shall be provided, including:

Promenade lighting shall consist of decorative fixtures with a maximum height of 14 feet.

All other fixtures shall not exceed a height of 20 feet.

Lighting fixtures shall be non-glare, full cut-off.

Bollard lighting, not more than four feet in height and appropriately shielded, may be provided along sidewalks and within open space areas.

Lighting may be attached to a building, provided that such lighting is focused downward/full cut-off.

Illumination levels (horizontal footcandles):

Extent/characteristics of illumination after business hours. Except for any lighting for security purposes, all other lighting shall be controlled by circuit timers so that the lights are automatically turned off after business hours.

All newly installed traffic signal lights within and abutting the planned shopping complex shall be mounted on poles that are green or black (versus unfinished silver). Traffic lights shall be equipped with crossing signs and switches that pedestrians can activate.

Nonresidential Uses. (The Planning Board may approve a lesser number of spaces in consideration of shared parking strategies.)

Single-Family Detached Dwellings: Pursuant to Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-1 et seq., parking standards.

Each principal building or group of buildings shall have at least one off-street loading space:

Each principal building or group of buildings shall have at least one waste disposal location:

A landscape design plan shall be submitted to the Planning Board for review and approval in accordance with the applicable requirements of this chapter and the additional requirements noted herein below.

The landscape design plan shall be conceived as a total pattern throughout the development, integrating the various elements of the architectural design of the buildings and creating an aesthetically pleasing environment.

The required street furniture (e.g. benches, statuary, fountains, trash receptacles, bicycle racks, bell and/or clock towers, and kiosks) shall be integrated with the proposed landscape design plan.

The edges of parking areas shall be planted.

All roadways shall be lined with shade trees in accordance with subsection 14-3.12d1 of Chapter 14.

Parking lot plantings shall be in accordance with subsection 16-5.8a.

A combination of decorative fencing (not to exceed eight feet in height), berms and plantings shall be provided between the new single-family detached homes and the existing homes along Route 518 as well as the new commercial development and loop road.

General Requirements.

Freestanding Sign Requirements.

Attached Sign Requirements.

Blade Sign Requirements. Blade or hanging signs shall be permitted to be attached to facades facing the Promenade provided the following:

Awning and/or canopy sign Requirements.

Sandwich Board. One non-illuminated, portable, hinged A-frame (a.k.a. sandwich board) sign shall be permitted for any commercial first floor tenants with direct access to the Promenade in accordance with the following:

Temporary interior window signs are permitted provided and in accordance with the following:

Temporary leasing trailers are permitted signs in accordance with the following:

In addition to the signs prohibited in Subsection 16-5.13e of this chapter, the following types of signs shall not be permitted:

Sidewalks and Crosswalks:

Traffic Design Features.

Other Design Features:

Architectural Design Requirements:

The residential component of a Planned Shopping Complex development shall pay a development fee into the Montgomery Township Housing Trust Fund in accordance with Subsection 15-15.4 of the Code of the Township of Montgomery.

The commercial component of a Planned Shopping Complex development shall pay a development fee into the Montgomery Township Housing Trust Fund in accordance with Subsection 15-15.5 of the Code of the Township of Montgomery.

The development fee shall be utilized by the Township for any activity approved by the appropriate affordable housing authority of the State of New Jersey.

The amount of the development fee shall be in accordance with the requirements of Subsections 15-15.4 and 15-15.5 of the Code of the Township of Montgomery in existence at the time a developer receives a certificate of occupancy.

These overlay ordinance provisions for a Planned Office Complex on the subject lands are an optional development alternative to the existing underlying zoning provisions, which are to remain in effect.

However, if any portion of the subject land area is to be developed as a Planned Office Complex (which is to include existing buildings on the land), then no portion of the land area may be developed in accordance with the currently existing underlying zoning provisions, and any such action of a developer to develop any portion of the subject property with the underlying zoning provisions will negate the ability of any portion of the remaining lands to be developed as a Planned Office Complex and may result in the repeal of the Planned Office Complex optional ordinance provisions.

These ordinance provisions permitting and governing the Planned Office Complex optional development alternative anticipate, and are based upon the assumption, that the landowner or developer apply for and obtain a single, comprehensively designed preliminary site plan approval for the entirety of the land area so zoned within 18 months from the date of the adoption of the ordinance provisions, and the Planned Office Complex ordinance provisions may be repealed if such application and approval are not applied for and obtained within the specified time period.

Possibly with the aid of funding from State and Federal grants, and in accordance with the recommendations of the adopted Traffic Circulation Plan, the developer of the Planned Office Complex, at minimum, shall be responsible for the construction of all portions of all Master Plan roads within the subject land area and, additionally, for the new traffic light along the tract's frontage on Route 518 plus any additional necessary off-tract improvements.

A Planned Office Complex shall only be approved by the Planning Board if the development will be adequately served by the traffic circulation network proposed by the applicant in conjunction with other roads and traffic circulation improvements being constructed by others.

No use within a Planned Office Complex shall have direct driveway access to an existing public street, including Route 518.

A Planned Office Complex shall only be approved by the Planning Board if the development is provided the required utility services and connections.

A Planned Office Complex shall only be approved by the Planning Board if a phasing plan is submitted to the Board and is approved by the Township Committee as part of a developer's agreement. The phasing plan shall indicate the areas of the related improvements to be developed during each phase including, but not limited to, the land uses, road improvements, stormwater management facilities and utilities.

Except for the public roadways within the office complex, the developer and, thereafter, the managing entity of the complex, shall be responsible for the repair and maintenance of all structures, landscaping, lighting, detention basins and open spaces.

Offices and office buildings.

Research laboratories.

Hotels, including conference facilities, restaurants and other ancillary uses typically located within a hotel.

Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1a for the required conditions and standards for public utility uses).

Child care centers as conditional uses under N.J.S.A. 40:55D-67 (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1k for the required conditions and standards for child care centers).

Open space, conservation areas and active and passive recreational facilities.

Employee cafeterias as part of a principal building, provided the cafeteria is limited in service to the employees and visitors within the Planned Office Complex.

Parking decks.

Child care centers as conditional uses under N.J.S.A. 40:55D-67 as part of a principal building, provided that the child care centers are limited in service to children of the employees within the Planned Office Complex (See Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1k for the required conditions and standards for child care centers).

Street furniture shall be required, as may be approved by the Planning Board and as appropriate to a campus-type office complex, including benches, statuary, fountains, trash receptacles, bicycle racks, bell and/or clock towers, and kiosks, all in accordance with the following criteria:

Bus shelters and taxi stands.

Wireless communication antennas, provided they are either ground mounted or attached to a building as approved by the Planning Board, and, if attached to a building, that they extend no higher than 10 feet above the building where attached.

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.

A landscape buffer of 250 feet in width shall be provided along Route 518, and a landscaped buffer of 60 feet in width shall be provided along any municipal street and any other tract boundary line, provided and in accordance with the following:

Each newly proposed lot within the Planned Office Complex shall be at least five acres in area.

No newly proposed principal building shall be located within 300 feet of Route 518, within 75 feet of any municipal street, or within 200 feet of any other tract boundary line, except that these provisions shall not apply to any existing buildings which previously received site plan approval from the Planning Board.

No newly proposed accessory building or parking deck structure shall be located within 250 feet of Route 518, within 60 feet of any municipal street, or within 75 feet of any other tract boundary line, except that these provisions shall not apply to any existing buildings which previously received site plan approval from the Planning Board.

A building may be freely situated within its respective lot, provided that no building shall be located closer than 50 feet to any other building or any parking deck structure.

The coverage of all buildings, structures, streets, driveways and impervious surfaces shall not exceed 37.5% of the total tract area of the Planned Office Complex.

All portions of all buildings shall be designed with compatible architectural themes and materials, whether constructed at one time or in stages over a period of time, and the architectural design proposed by the applicant shall be subject to review and approval by the Planning Board.

The architectural design and material surface and color of the building walls on all sides of a building shall be suitably finished to be compatible with the front of the building. No facsimile materials may be used without specific approval of the Planning Board.

Blank, unarticulated wall facades shall not be permitted.

Mechanical and emergency electrical equipment serving a building or buildings shall be screened from view by architectural elements that are coordinated with the overall architectural theme of the office building(s). The equipment may be located on the ground, within a building, or on the roof of a building. In any case, and not withstanding any other provision of this chapter to the contrary, the area enclosing the equipment shall not be included in any calculation of floor/area ratio (FAR).

No principal building shall exceed 48 feet and three stories in height, provided and in accordance with the following:

No accessory building or parking deck shall exceed 25 feet in height, plus an additional 10 feet for parapets, mechanical equipment and enclosures and/or stair enclosures.

Lighting shall be minimal for security and safety purposes, and a lighting plan shall be submitted for review and approval by the Planning Board indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, and the details of the lighting poles and luminaries.

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

As appropriate for lighting and decorative purposes, bollard lighting, not more than four feet in height and appropriately shielded, may be provided along sidewalks and within open space areas.

Lighting may be attached to a building, provided that such lighting is focused downward and is specifically approved by the Planning Board.

Any lighting within any building or any parking deck structure shall have an intensity and shall be designed and focused to eliminate, to the maximum extent practicable, any emission of lighting outside of the building or structure.

The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average not less than 0.5 footcandles at intersections and not less than approximately 0.3 footcandles elsewhere in the area to be illuminated, and shall average not more than 2.0 footcandles throughout the area to be illuminated.

Except for any lighting specifically determined by the Planning Board to be necessary and/or advisable for security purposes, all other lighting shall be controlled by circuit timers so that the lights are automatically turned off after business hours.

All newly installed traffic signal lights within and abutting the Planned Office Complex shall be mounted on poles that are green or black (versus unfinished silver). Traffic lights shall be equipped with crossing signs and switches that pedestrians can activate.

Each individual use shall be provided parking spaces in accordance with the following minimum provisions. Where a parking area is designed to serve the needs of different uses with different parking requirements, the total number of required parking spaces shall be obtained by computing the parking requirements for each different use and adding the resulting numbers together.

In order to reduce impervious surface coverage, the use of parking decks is encouraged and shall be required for all parking spaces in excess one space per 250 square feet of gross floor area.

Each principal building or group of buildings shall provide at least one off-street loading space within the building unless otherwise specifically approved by the Planning Board in consideration of the design of the development and the adequacy of an alternate loading plan proposed by the applicant.

Each principal building or group of buildings shall provide at least one waste disposal location within the building unless otherwise specifically approved by the Planning Board in consideration of the design of the development and the adequacy of an alternate waste disposal plan proposed by the applicant.

A landscaping plan shall be submitted to the Planning Board for review and approval in accordance with the applicable requirements of this chapter and the additional requirements noted hereinbelow.

The landscaping plan shall be conceived as a total pattern throughout the development, integrating the various elements of the architectural design of the buildings and creating an aesthetically pleasing environment.

The required street furniture (e.g. benches, statuary, fountains, trash receptacles, bicycle racks, bell and/or clock towers, and kiosks) shall be integrated with the proposed landscaping plan.

All roadways and driveways shall be lined with shade trees.

All signage within a Planned Office Complex shall be compatible in terms of design, materials, colors, lettering, lighting and the positions of the signs on the various buildings within the office complex.

A total of two signs at the intersection entrances to the office complex shall be permitted; both along Route 518.

One facade of each building may have a sign attached flat against it, provided that the area of the sign shall not exceed 75 square feet or 5% of the area, including windows and doors, of the facade to which the sign is to be attached, whichever area is less.

Additional signage may be permitted by the Planning Board for good cause shown by the applicant, provided that such additional signage must be specifically approved by the Board.

Sidewalks and Crosswalks.

Traffic Design Features.

Stormwater Management Facilities. The stormwater management plan shall include stormwater management facilities that are designed to enhance the aesthetic attributes of the proposed development, including water features and landscaping which create an attractive visual appearance. Stormwater management facilities shall not be located adjacent to Route 518.

A Planned Office Complex development shall pay a development fee into the Montgomery Township Housing Trust Fund in accordance with Section 15-115 of the Code of the Township of Montgomery.

The development fee shall be utilized by the Township for any activity approved by the New Jersey Council On Affordable Housing (COAH).

The amount of the development fee shall be in accordance with the requirements of Section 15-115 of the Code of the Township of Montgomery in existence at the time a developer receives a certificate of occupancy.

Establishing specific zoning standards will help to assure predictability and consistency in addressing future development of the tract to the benefit of both the property owner and neighboring properties;

Future development of the tract can be better addressed in a comprehensive manner;

A viable behavioral health complex that serves the needs of people throughout the State of New Jersey contributes to the overall well-being of its citizenry, and meets a regional need; and

Development standards set forth in this paragraph promote the utilization of renewable energy sources and promote recycling.

Offices and office buildings, including medical offices.

Research laboratories.

Hospitals and surgical centers, including typical ancillary activities.

Schools for patients of the Planned Behavioral Health Complex.

Occupational training for patients of the Planned Behavioral Health Complex and their family members.

Residential treatment facilities for patients of the Planned Behavioral Health Complex and their family members.

Addiction rehabilitation centers for patients of the Planned Behavioral Health Complex and their family members.

Wellness and fitness centers limited in service to the employees and patients of the Planned Behavioral Health Complex.

Group homes and other State licensed residential facilities for patients of the Planned Behavioral Health Complex.

Independent living apartment units, assisted living units and/or nursing care units, all as defined in Subsection 16-6.9b of the chapter, for the patients of the Planned Behavioral Health Complex.

Outpatient services.

Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see Subsection 16-6.1, Conditional Uses, and specifically Subsection 16-6.1a for the required conditions and standards for Public Utility Uses).

Any combination of the above uses within a single building, within multiple buildings and/or otherwise on the premises.

Open space, conservation areas, and active and passive recreational facilities, including but not limited to tennis courts, swimming pools, and paths.

Employee cafeterias/restaurants as part of a principal building, provided that the cafeteria/restaurant is limited in service to the employees and visitors within the Planned Behavioral Health Complex.

Parking decks, private garages and off-street parking (see Subsection 16-6.5j11 below for specific minimum off-street parking requirements and Subsection 16-5.8 for design requirements for off-street parking).

Chapels serving the needs of the complex's patients and visitors.

Fences and walls (see Subsection 16-5.3 for the design requirements), except that fences up to 10 feet high may be approved by the Planned Board for good cause shown for security and safety purposes, provided that they are not located within 60 feet of any public street or 25 feet of any tract boundary line.

Signs (see Subsection 16-6.5j13 below for specific permitted signs and Subsection 16-5.13 for design requirements for signs).

Retail gift shop as part of a principal building, provided the use is limited in service to the employees, patients, and visitors within the Planned Behavioral Health Complex.

Bank, post office, hairdresser/barber, laundry/dry cleaner, dining halls, and other such personal and professional services, communal social and cultural areas, active and passive recreational facilities, all as part of a principal building, provided the uses are limited in service to the employees and patients within the Planned Behavioral Health Complex.

Storage buildings limited to the storage of materials owned and used only by the principal permitted uses on the subject property.

Conference facilities serving the needs of the principal permitted uses in the Planned Behavioral Health Complex.

Child care centers, provided that the child care center is limited in service to children of the employees and patients within the Planned Behavioral Health Complex (see Subsection 16-6.1k for the required standards for Child Care Centers).

Maintenance and utility buildings, greenhouses, and other similar ancillary service uses for the complex.

Street furniture, bus shelters and taxi stands.

Sewer plant(s) serving the Planned Behavioral Health Complex.

Wind, solar or other photovoltaic energy facility or structure(s) serving the Planned Behavioral Health Complex, provided that they are not located within 60 feet of any public street or 25 feet of any tract boundary line.

No new principal building or new addition to an existing principal building shall be located within 100 feet of any public street or within 25 feet of any other tract boundary line, except that these provisions shall not apply to any existing buildings including renovations to or reconstruction of any existing building within the same footprint and with the same gross square footage.

No new accessory building, parking deck structure or surface parking area shall be located within 60 feet of any public street, or within 25 feet of any other tract boundary line, except that these provisions shall not apply to any existing accessory buildings or parking structures or areas.

Within 90 days of the date of the adoption of this paragraph (October 6, 2011) by the Township Committee, the Planned Behavioral Health Complex may submit a signed and sealed survey showing existing improvements on the subject approximately 85 acre, tract, with an indication of the uses of the structures and their setbacks from all tract boundary lines.

A landscape buffer of 50 feet in width shall be provided between the developed portion of the site and any public street and any other tract boundary line, provided and in accordance with the following:

Any new building may be freely situated on the site, provided that no building or parking deck structure shall be located closer to any other building than the average of the two heights of said buildings at points where such buildings are nearest to one another, but in no case less than 20 feet except that:

All buildings shall be reasonably accessible to emergency vehicles, and in the case of buildings housing residential units, both the front and rear of all principal buildings shall be reasonably accessible for firefighting purposes.

The total building coverage shall not exceed 15% of the total tract area of the Planned Behavioral Health Complex.

The total lot coverage of all buildings, structures, streets, driveways and other surfaces shall not exceed 45% of the total tract area of the Planned Behavioral Health Complex.

The Planned Behavioral Health Complex shall be served by one or more approved sewage treatment plants and a centralized water source.

No "critical areas," as outlined in Sections 16-15 and 16-16, shall be developed or disturbed.

Blank, unarticulated wall facades shall not be permitted. The architectural design and material surface and color of the building walls on all sides of a building shall be suitably finished for aesthetic purposes.

Mechanical and emergency electrical equipment serving a building or buildings shall be screened from view. The equipment may be located on the ground, within a building, or on the roof of a building.

No merchandise, equipment or similar material and objects shall be displayed or stored outside unless located within a solid fenced enclosure as may be specifically approved by the Board.

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 50% of the area of any lot or tract shall be so landscaped, and the landscaped area may include approved detention and/or retention basins and approved septic fields.

Any expansion of the existing buildings in the Planned Behavioral Health Complex as shown on the certified as-built survey shall require the dedication of additional right-of-way along all abutting public streets, as required by Subsection 16-5.14a5 of the Code. The pro-rata share of any improvements deemed necessary by the Planning Board, and as indicated in the June 9, 2010 Traffic Feasibility Study prepared by Harlyn Associates for Carrier Clinic and submitted to the Board on June 18, 2010, as may be modified at the time of site plan application, shall be provided by the Planned Behavioral Health Complex as part of any site plan approval.

New buildings shall be designed with a conscientious effort to use the Leadership in Energy and Environmental Design (LEED) standards promulgated by the Green Building Council whenever practicable but shall not be required.

No new principal building shall exceed 35 feet and three stories in height, except that the building may extend to 45 feet in height when set back at least 500 feet from any public street.

No new accessory building or parking deck shall exceed 25 feet in height.

Only the identified 85 plus acre tract of land shall be used for development.

The remaining lands within Block 2001 shall be deed restricted, sold or transferred to Somerset County or to the Township of Montgomery for open space, parkland and/or road improvement purposes, if not already dedicated thereto, and/or other purposes consistent with the State's Green Acres requirements.

The primary outdoor lighting permitted shall be that which is minimally necessary for security and the safety of patients, employees and visitors of the Planned Behavioral Health Complex, and a lighting plan shall be submitted for review and approval by the Planning Board indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, and the details of the lighting poles and luminaries.

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

As appropriate for lighting and decorative purposes, bollard lighting, not more than four feet in height and approximately shielded, may be provided along sidewalks and within open space areas.

Lighting may be attached to a building, provided that such lighting is focused downward and is specifically approved by the Planning Board as part of the submitted lighting plan.

It is recognized that lighting within the Planned Behavioral Health Complex is necessary to remain on throughout the night for security and safety purposes; however, such lighting shall be the minimal amount necessary and/or advisable for security and safety purposes, and shall be as specifically reviewed and approved by the Planning Board. All other lighting shall be controlled by circuit timers so that the lights are automatically turned off after business hours.

Each individual use shall be provided parking spaces in accordance with the following minimum provisions. Where a parking area is designed to serve the needs of different uses with different parking requirements, the total number of required parking spaces shall be obtained by computing the parking requirements for each different use and adding the resulting numbers together.

In order to reduce impervious surface coverage, the use of parking decks is encouraged.

Each principal building or group of buildings shall provide at least one off-street loading space either within the building or outside at the rear or side of the building with suitable screening, unless otherwise specifically approved by the Planning Board in consideration of the design of the development and the adequacy of an alternate loading plan proposed by the applicant.

There shall be at least one waste/recycling disposal location within convenient access to the building being served. The location shall be provided either within the building being served or in a pick-up location outside and proximate to the building.

A Planned Behavioral Health Complex may have one freestanding sign along each public street which provides vehicular access to the development, provided there exists at least 250 feet of unbroken frontage.

Directory signs, as deemed necessary and approved by the Planning Board, listing the building names and/or uses may be permitted within the internal circulation system, provided that the sign is set back at least 60 feet from any street line and is no larger than 20 square feet in size or eight feet in height.

Each building shall be permitted a sign attached flat against the building at the main building entrance. The size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of the facade to which the sign is to be attached, but in no case shall the size of the sign exceed 50 square feet in area.

All signage within shall be compatible in terms of design, materials, colors, lettering, lighting and the positions of the signs on the various buildings within the complex. At the time of application for preliminary site plan approval, the applicant shall submit a comprehensive plan or the signage throughout the complex.

Additional signage may be permitted by the Planning Board for good cause shown by the applicant, provided that such additional signage must be specifically approved by the Board.

See Subsection 16-5.13 of the Code for permitted temporary signs, additional standards and the design requirements for signs.

To encourage the redevelopment of abandoned, obsolete and/or underutilized properties located within the Route 206/Route 518 node of Montgomery Township to maximize the viability for economic development, including expanded retail and service opportunities in the Township, and compact, multi-family housing to compliment the commercial development;

To encourage orderly and well-planned development at a scale and location so that it is feasible to construct a comprehensive infrastructure package of supporting utilities, services and facilities, including new roadways, stormwater management systems, open space, and associated elements;

To encourage orderly development of sites with sufficient frontage on existing or new major collectors or State or County highways to provide safe, efficient access and traffic circulation, and provide for orderly internal vehicular, bicycle, and pedestrian circulation;

To facilitate the provision of affordable housing in proximity to job opportunities, public transportation and shopping;

To implement planned thoroughfares and transportation routes which will promote the free flow of traffic;

To promote a desirable visual environment through creative development techniques and good civic design and arrangement; and

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening cost of such development and to promote the more efficient use of land.

These overlay provisions for the PMUD on the subject lands are an optional development alternative to the existing underlying zoning provisions, which are to remain in effect.

In accordance with recommendations of the adopted Traffic Circulation Plan, dated June 30, 2003, and the objectives of the Land Use Plan Element, dated August 10, 2017, the developers of the Planned Mixed Use Development, at minimum, shall be responsible for the construction of their prorata share of all portions of all Master Plan thoroughfares within the subject district and, additionally, for their pro-rata share of any improvements along the tract's frontage on Route 518 and any traffic signal and sign upgrades and related road improvements along the tract's frontage on Route 206. The developers shall provide rights-of-way and shall be required to construct their pro-rata share of the intermediate loop and inner loop connector roadways, and their pro-rata share of any upgrades required by the State of New Jersey or County of Somerset for Route 206 or Route 518. The pro-rata share shall be based on a traffic study of the full build-out of all of the development sites and the percentage of traffic each site contributes to each roadway.

In addition to the Master Plan roads within the subject district, Planned Mixed Use Development, at minimum, the developers shall be responsible for the construction of their pro-rata share of public infrastructure including, but not limited to, stormwater, public water, and/or sewer improvements.

No single/individual use within a Planned Mixed Use Development shall have direct driveway access to Route 206 or Route 518.

A PMUD shall only be approved by the approving authority if the development is provided the required utility services and connections.

In the event a developer of the PMUD proposes a phased development, same shall only be approved by the approving authority if the phasing plan is submitted to the approving authority and approved by the Township Committee as part of a developer's agreement. The phasing plan shall indicate the areas of the related improvements to be developed during each phase, including, but not limited to, the land uses, road improvements, stormwater management facilities and utilities. In any event, the first phase shall include (1) completion of the public roads as established by and in accordance with the Traffic Circulation Plan Element 2003 Amendment No. 1 of the Master Plan dated April 30, 2003, unless modified by paragraph (h) below and, (2) roadway improvements to Route 518 and Route 206 in accordance with municipal, County and State approvals.

Except for the public roadways (post-acceptance) within the PMUD, the developer and, thereafter, the managing entity of the finished development, shall be responsible for the repair and maintenance of all structures, landscaping, lighting, snow removal, detention basins and open spaces. This includes all site furnishings, whether within or outside of a public street right-of-way.

Phasing. Construction of the Master Plan roads shall occur in the first phase of development of each respective sub-area (A-1, A-2, B and C) with the following exceptions:

Cross-Easements. Blanket cross-easements in a form satisfactory to the Township Attorney shall be provided throughout the PMUD for irrevocable cross-access for vehicular and pedestrian circulation, parking, utilities, maintenance and drainage.

Other Applicable Requirements. All other applicable requirements of this Chapter 16 not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the approving authority in accordance with the applicable criteria articulated in the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

Area A-1: The lands within Block 28004, Lot 7 as shown on the Zoning Map.

Area A-2: The lands within Block 28005, Lot 66 as shown on the Zoning Map.

Area B: The lands within Block 28005, Lots 60, 65, 68 and 69, including a ± 0.45-acre portion of land to be acquired by the developer of Area B from Block 28005, Lot 66, as shown on the Zoning Map.

Area C: The lands within Block 28005, Lots 57, 58, 59, 61, 62, and 64 as shown on the Zoning Map. The PMUD overlay shall only apply to Tract C if all of the lots, with the exception of lot 64, are redeveloped in accordance with the PMUD.

The required site design of the proposed PMUD shall be in accordance with The Planned Mixed Use Development Concept Plan, dated August 10, 2017, prepared by Montgomery Township and included in the Township's Land Use Plan (the "Concept Plan").

However, it is not intended that the concept plans be considered definitively specific regarding any particular aspect of the concept plans, and it is expected that the review of a formally submitted site plan by the approving authority during the public hearing process will result in further refinements to the concept plan while being substantially consistent with the original concepts.

The thoroughfares within Area A-2 shall be designed to provide the minimum widths necessary to comply with the New Jersey Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-et seq.

Except for thoroughfares classified as lanes/alleys, design of thoroughfares shall accommodate on-street parking on both sides of the cartway.

See Subsection 16-5.14 for additional standards.

Street trees shall be planted an average of 40 feet on center along the entirety of the thoroughfare frontages, except for those classified as lanes/alleys, within the PMUD.

At a minimum, open spaces shall be planted with a double row of street trees along thoroughfare frontages. Open spaces abutting alleys/lanes shall be planted with a single row of street trees.

Detailed site plans of the open spaces shall be submitted for review and approval by the approving authority.

Areas of open space to be included in the PMUD area identified as follows:

Stormwater management facilities shall not impede anticipated function of open spaces.

The Township street lighting specifications shall be used for all public roads.

All lower scale lighting for open spaces and pedestrian areas should be coordinated and reflect the architectural design and consistent within all of the sub-areas.

The loop road rights-of-way, as identified in the Traffic Circulation Plan Element, dated April 30, 2003, shall include street trees, sidewalks, and lighting.

Permitted Principal Uses on the Land and in Buildings.

Accessory Uses Permitted.

Area Requirements. The following regulations, area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures applies for Area A-1:

Parking Requirements.

Affordable Housing Standards.

Design Standards.

Architectural Design. The architectural design shall be substantially similar to the illustrative architectural exhibit, entitled 67 Unit Affordable Building, included in Appendix B of the Periodic Reexamination of the Master Plan and Development Regulations and Land Use Plan Element, dated August 2017.[2]

Plantings. 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, children's play areas, dog walks, etc.) shall be suitably planted with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 20% of the area of the lot shall be so planted, and the planted area may include approved detention and/or retention basins.

Buffers.

Signs.

Permitted Principal Uses on the Land and in Buildings.

Accessory Uses Permitted.

Area Regulations. The following regulations, area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures applies for Area A-2:

Parking Requirements. Parking areas shall be designed in accordance with the following:

Design Standards.

Architectural Design. The architectural design shall be substantially similar to the illustrative architectural exhibit, entitled "Area A-2 Sample Townhomes with Rear Loaded Garages," included in Appendix B of the Periodic Reexamination of the Master Plan and Development Regulations and Land Use Plan Element, dated August 2017, and in accordance with the following:[4]

Plantings. All portions of the tract not utilized by buildings or paved surfaces shall be planted, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

Buffers.

Lighting.

Signs.

Early Start Standards.

Permitted Principal Uses on the Land and in Buildings.

Accessory Uses Permitted.

Permitted Conditional Uses.

Requirements for the Residential Apartments.

Area Regulations. The following regulations, area, bulk, setback and intensity requirements for the principal dwelling and permitted accessory structures applies for Area B:

Parking Requirements.

Off-Street Loading Requirements.

Design Standards.

Architectural Design.

Lighting.

Plantings. 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 planted with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 10% of the area of the lot shall be so planted, and the planted area may include approved detention and/or retention basins.

Buffers.

Signs.