North Brunswick City Zoning Code
ARTICLE XXA
PUD-II Planned Unit Development
§ 205-87.1 Purpose.
This zone has been created in order to comply with court order resulting from settlement of litigation known as the "Urban League of Greater New Brunswick et al. vs. the Township of North Brunswick." Permitted uses, residential densities and various other development standards incorporated in this section have been developed in accordance with said court order.
§ 205-87.2 Limits of zone.
This zone shall encompass the four-hundred-four-acre tract known as the "Manor Realty Tract," designed as Block 148, Lot 111.01.
§ 205-87.3 Permitted uses.
The following uses shall be permitted in the PUD-II Zone.
A.
Principal uses.
[Amended 8-1-1994]
(1)
Single-family dwellings, duplexes, two-family dwellings, townhouses, garden apartments and other attached housing types such as low-rise and mid-rise structures.
(2)
Office/professional use.
(3)
Public utilities.
(4)
Hotel/convention facilities developed as one facility, including convenience commercial uses and restaurants which are related to a hotel convention facility.
(5)
Commercial uses, with the exception of theaters, which commercial uses shall be limited to 33% of the nonresidential floor space.
[Amended 4-29-1996 by Ord. No. 96-10]
(6)
Flex space buildings consisting of a mix of warehouse and office use.
(7)
Freestanding restaurants.
C.
Permitted accessory uses.
(1)
Any accessory use permitted in existing residential, commercial, office and industrial zones, provided that the use can be demonstrated to be ancillary to a principal use on the site.[1]
[1]
Editor's Note: Former Subsection C(2), Warehousing, which immediately followed this subsection, was repealed 8-1-1994.
E.
Prohibited uses. Any nonresidential use which will result in a hazardous, noxious or offensive condition beyond the confines of the building.
§ 205-87.4 Development standards.
Development standards shall be as follows:
A.
Residential development.
(1)
Residential acreage and number of residential units. The approximate acreage allocated to residential use, net of roads, parks and wetlands shall be 146 acres. With one exception, the number of residential units shall not exceed 1,975 units, resulting in a gross density of approximately 13.5 units per acre. The only exception that would allow the maximum number of units to exceed 1,975 units would occur only if the properties identified as Block 148.11, Lot 1.01 and Lot 1.02, are developed as housing for residents 55 years of age or older in accordance with the Housing Element and Fair Share Plan adopted by the Planning Board on June 23, 2016. The developer shall have the option to develop up to 420 age-restricted units on land located on said property.
[Amended 8-1-1994; 7-25-2016 by Ord. No. 16-12; 8-1-2022 by Ord. No. 22-15]
(2)
Residential mix and densities.
(a)
Residential areas shall be designated on a general development plan in accordance with the density classifications of this subsection. Permitted housing types and density ranges within these classifications are also specified herein:
Low Density - LD | |||
Density range: | 5 to 10 dwelling units per acre | ||
Permitted dwelling units: | Single-family detached Zero-lot-line Duplex Two-family Townhouse Multiplex | ||
Low-Medium Density - LMD | |||
Density range: | 10 to 20 dwelling units per acre | ||
Permitted dwelling units: | Duplex Townhouse Multiplex | ||
Medium Density - MD | |||
Density range: | 15 to 25 dwelling units per acre | ||
Permitted dwelling units: | Townhouse Multiplex Low-rise | ||
Medium-High Density - MHD[1] | |||
Density range: | 20 to 35 dwelling units per acre | ||
Permitted dwelling units: | Townhouse Multiplex Low-rise Mid-rise | ||
[1]
Editor's Note: The former High Density - HD classification, which immediately followed this classification, was repealed 8-1-1994.
(b)
While individual areas may exceed the density established herein, the average density for each specific density classification shall not exceed the maximum permitted.
(3)
Affordable housing requirement.
[Amended 8-1-1994]
(a)
Three hundred forty-eight of the dwelling units approved for construction in this zone shall be marketed at a sales price or rent which makes them affordable to lower-income families in accordance with the regulations of the Township of North Brunswick Affordable Housing Ordinance,[2] unless the Township receives approval to transfer some of these units to a receiving municipality through a regional contribution agreement. In such case, each lower-income unit transferred shall be replaced with a market priced unit.
(b)
Ten percent of the age-restricted units identified in § 205-87.4A(1) shall be affordable units as follows: 13% shall be very low income; 47% low income; and 40% moderate income.
[Amended 7-25-2016 by Ord. No. 16-12]
(4)
Designated lower-income units shall be subject to price, rental, occupancy and resale controls as established by the Township of North Brunswick Affordable Housing Ordinance.
(5)
Construction phasing, location and affirmative marketing requirements. All low- and moderate-income units are subject to the requirements of § 205-45.2B through E.
(6)
Minimum setback distances from roadways, parking areas, the railroad and nonresidential uses. All residential structures shall comply with the following minimum setback requirements:
[Amended 8-1-1994]
(a)
Fifty feet from the railroad.
(b)
Fifty feet from U.S. Route 130.
(c)
Thirty-five feet from existing and proposed Township roads.
(d)
Twenty feet from private internal roads; except at intersections, where the setback shall be 35 feet, said setback measured from the edge of the cartway to the building.
(e)
Ten feet from off-street parking areas. However, a driveway which leads to an individual unit shall be exempt from this setback.
(f)
Fifty feet from adjacent property either developed or zoned for nonresidential use.
(7)
Residential housing mix. No more than 33 1/3% of the total units shall be constructed in structures exceeding three stories.
[Amended 8-1-1994]
(8)
Lot configuration. Lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards herein. However, said design shall be in accordance with good planning practices and shall be subject to Board approval.
(9)
Buffer requirements. A fifty-foot buffer strip, designed in accordance with the requirements of Article XXVI, shall be required between proposed residential uses and all existing nonresidential uses on adjacent properties, as well as along U.S. Route 130 and the railroad. Roads and parking access roads may cross a setback or buffer area.
(10)
Minimum distance between buildings: 30 feet between structures which exceed two stories; 20 feet between all other attached structures. Detached single-family residential structures, except zero-lot-line units, shall have a minimum side and rear yard of five feet. Zero-lot-line units shall have a minimum side yard of 10 feet on one side and five feet in the rear yard.
[Amended 5-17-2021 by Ord. No. 21-09]
(11)
Maximum residential building height.
[Amended 8-1-1994]
(a)
Residential building heights shall conform to the following schedule:
Building Type | Maximum Height (feet) |
|---|---|
Mid-rise | 55 |
Low-rise | 50 |
All other residential | 40 |
(12)
Maximum number of units per structure: 30 units for two-story buildings; 40 units for three-story buildings excluding low-rise buildings; 75 units for low-rise buildings; and 150 units for mid-rise buildings.
(13)
Variation in setback. Front building elevations shall have a minimum four-foot variation in the front building line every four horizontal units; and rear building lines shall vary four feet every six horizontal units.
(14)
Signs. Each individual residential and nonresidential section of a development shall be permitted one identification sign along each access road into the development. The design for said sign, including material and construction, must be submitted to the Planning Board for review and approval prior to final site plan approval and shall not exceed 100 square feet in area. However, if more than one development is located off a road, the total square footage of all signs shall not exceed 200 square feet.
[Amended 8-1-1994]
(15)
Required number of off-street parking spaces. Off-street parking shall be provided in accordance with the following: 1 1/4 spaces for all efficiency and one-bedroom units; 1 3/4 spaces for all two-bedroom units; and two spaces for all units with three or more bedrooms.
B.
Nonresidential development.
(1)
Acreage and minimum floor space of nonresidential development. The approximate acreage allocated to nonresidential use, net of roads, parks and wetlands shall be 138 acres. This development shall result in a minimum of one and 1,500,000 square feet of nonresidential space.
[Amended 8-1-1994]
(2)
Maximum floor area ratio. Total nonresidential development shall not exceed a floor area ratio of 0.3. However, individual nonresidential areas may achieve a floor area ratio of 0.4.
[Amended 8-1-1994]
(3)
Location requirement. While the location of residential and nonresidential development within the zone is not prescribed in this section, the appropriateness of proposed locations and transitions between nonresidential and residential land uses shall be in accordance with good planning practices and shall be subject to Board approval.
(4)
Flexible development regulations. Lot sizes and dimensions, building heights and other bulk requirements are not specified herein. However, said design shall be in accordance with good planning practices and shall be subject to Board approval.
(5)
Construction phasing. Nonresidential development shall proceed in accordance with the schedule established by court order.
(6)
Maximum nonresidential building height: 100 feet.
§ 205-87.5 General development plans.
A.
General. A general development plan application consisting of details specified in this section may be submitted for approval at the discretion of the applicant. Approval of a general development plan, which specifies land use types, density ranges and other pertinent site data for the entire 404 acres, confers upon the applicant and the Township such rights as set forth in N.J.S.A. 40:55D-49 for a period of 20 years, with the following provisions:
(1)
The approved general development plan shall not be changed with regard to the maximum total dwelling units, density ranges and the uses of the various project areas. The plan shall not be significantly changed with regard to the general location and size of the various parcels. Modifications shall be permitted to allow development flexibility.
(2)
The general location and specifications for the approved major collector roads shall not be changed.
(3)
Sections may be subdivided from property receiving general development plan approval without regard to setback, side yard, area or other applicable standards for the purpose of selling to a builder, homeowners' association or utility.
B.
Submission requirements. The following information shall be submitted with the general development plan application. The information need not be shown on separate sheets, but may be combined at the applicant's discretion.
(1)
Title sheet. A title sheet shall be submitted containing the following information:
(a)
Name of the project.
(b)
Existing lot and block numbers of the project site.
(c)
Name and address of the owner.
(d)
Name and address of the applicant.
(e)
Key map showing the entire tract and its relationship to the surrounding area, at a scale of one inch equals 2,000 feet.
(f)
Date of the original submission and each subsequent revision thereof.
(g)
Total tract area.
(i)
Name, address and telephone number of the professional(s) preparing the submission.
(2)
Land use plan. Prepared at a scale of not smaller than one inch equals 200 feet, the land use plan shall contain the overall tract and demonstrate:
(3)
Circulation plan. Prepared at a scale of not smaller than one inch equals 200 feet, the circulation plan shall show:
(4)
Utility plan. Prepared at a scale of not smaller than one inch equals 200 feet, the utility plan shall show:
(5)
Drainage plan. Prepared at a scale of not smaller than one inch equals 200 feet, the drainage plan shall contain:
(6)
Open space plan. Prepared at a scale of not smaller than one inch equals 200 feet, the open space plan shall indicate:
C.
Review process.
(1)
Submission. An application for general development plan approval shall be submitted to the Board at an agenda session of the Board. Fifteen completed copies of the plan and application shall be filed with the Secretary of the Board, who shall distribute the copies to the appropriate people or agencies.
(2)
Public hearing. At the public hearing, the applicant shall present factual evidence and expert opinion in the form of maps, charts, reports, models and other tangible materials presented by attorneys, architects, landscape architects, engineers, realtors and planners as will clearly state for the record the nature and extent of the proposed development.
(3)
Approval time period. General development plan approval shall be granted or denied within 95 days of submission of a complete application.
(4)
Informal review permitted. Prior to submitting a general development plan, an applicant may confer with the Board and submit a conceptual plan for review and discussion in order to obtain initial opinions. No application fee shall be charged. However, necessary escrow funds shall be deposited.
§ 205-87.6 (Reserved) [1]
§ 205-87.7 Exemption from impact review.
No environmental impact assessment shall be required to be submitted prior to granting of general development plan approval or tentative plan approval, unless the Board determines that an environmentally sensitive area may be negatively impacted by the proposed development. This section in no way limits the Board's ability to require an assessment of traffic conditions and the adequacy of existing and proposed utilities.
§ 205-87.8 Other provisions.
§ 205-88 Planned unit development applications.
The procedures and approvals provided herein for tentative and final approval of a planned unit development, and application for such tentative and final approval, shall be in accordance with the following:
A.
Preapplication procedures. Prior to submitting a formal application for tentative approval of a planned unit development, an applicant may confer with the Planning Board and submit an outline development plan to obtain initial opinions on the acceptability of the proposal.
B.
Application for tentative approval.
(1)
Submission of application. Any landowner desiring to establish a planned unit development hereunder shall first submit an application for tentative approval to the Planning Board at a regular meeting. Such application shall be filed by the landowner or other entity having a cognizable interest in the land. Fifteen completed copies of the plan and application shall be filed with the Secretary of the Planning Board, who shall distribute the copies as follows:
(a)
One copy to each member of the Planning Board.
(b)
Two copies to the Director of the Department of Planning and Development.
(c)
One copy to the Township Engineer.
(d)
One copy to the Township Public Works and Utilities Department.
(f)
One copy to the Middlesex County Planning Board.
(g)
One copy to the New Jersey Division of State and Regional Planning in the Department of Community Affairs.
(h)
One copy to the Planning Board Attorney.
(i)
Three copies filed with the Secretary of the Planning Board.
(2)
Application for a planned unit development shall be made in duplicate on the form provided by the Township, which shall be considered an application for tentative approval.
(3)
The fee for such application shall be $20 per dwelling unit plus $50 per acre of land designated for nonresidential uses.
(4)
Such an application shall indicate:
(a)
The name of the applicant.
(b)
The location of the land proposed to be developed.
(c)
The nature of the applicant's interest in the land.
(d)
The density of land use to be allocated to various parts of the site.
(e)
The location and size of any common open space.
(f)
The firm or organization proposed to own and maintain common open space.
(g)
The use, approximate height, bulk and location of buildings or other structures.
(h)
The proposed provision for disposition of storm and sanitary water.
(i)
The substance of any covenants, grants, easements or any other restrictions proposed to be imposed upon the land or buildings, including easements for public utilities.
(j)
Proposed provisions for parking.
(k)
Locations and widths of streets and ways.
(l)
Modifications from the existing ordinances governing streets or ways or land use being requested.
(m)
The projected schedule for development and the approximate times when final approvals would be requested.
(n)
A statement of why the public interest would be served by the proposed development and wherein the proposed development would meet the objectives of this chapter.
§ 205-89 Public hearings; grant or denial of tentative application approval.
A.
Public hearings for tentative approval for a PUD plan shall be held and conducted in accordance with the described procedure, conditions and regulations as specified in the Municipal Land Use Law (1975).
B.
A transcript of the hearing shall be caused to be made by the Planning Board, the cost of which shall be paid by the applicant. Copies shall be made available at cost to any party to the proceeding, and all exhibits accepted in evidence shall be properly identified and the reason for the exclusion clearly noted in the record. A report on the proposed planned unit development by the Department of Planning and Development shall be prepared and filed with the Planning Board not less than five days before the public hearing and shall be available for public inspection during reasonable hours.
C.
The Planning Board may continue the hearing from time to time, and the Planning Board may refer the matter back to the Department of Planning and Development for a further report, a copy of which shall be filed for record without delay.
D.
Presentation of evidence.
(1)
At the public hearing, the applicant shall present evidence as to the planned unit development's:
(a)
General character and substance.
(b)
Objectives and purposes to be served.
(c)
Adequacy and completeness of standards.
(d)
Satisfactory application for standards in specific details of design and organization of elements and plans.
(e)
Environmental impact, if the Natural Resource Inventory or Master Plan notes that the area is characterized by sensitive environmental features.
(f)
Time factors and sequential development potentials.
(g)
Conformity with comprehensive plans for Township development.
(2)
To this end, factual evidence and expert opinion shall be submitted by the developers in the form of such necessary maps, charts, reports, models and other tangible materials presented by attorneys, architects, engineers, realtors, professional planners and economists as will clearly state for the record the full nature and extent of the proposal.
E.
The Planning Board shall decide upon the tentative PUD application in accord with procedure, conditions and regulations as specified in the Municipal Land Use Law (1975).
F.
The grant or denial of tentative approval shall be by written resolution, including but not limited to findings of fact and conclusions setting forth in what respects the plan would or would not be in the public interest and:
(1)
In what respects the plan is or is not consistent with the statement of objectives of a planned unit development.
(2)
The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use and the reasons why such departures are or are not deemed to be in the public interest.
(3)
The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.
(4)
The physical design of the plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established.
(6)
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned unit development in the integrity of the plan.
(7)
That the plan is in conformity with the provisions of the Municipal Land Use Law (1975) and the Master Plan of the Township of North Brunswick.
G.
Status of plan after tentative approval. Upon receipt of preliminary approval, the developer shall possess such rights as set forth in N.J.S.A. 40:55D-49d.
§ 205-90 Application for final approval.
A.
The application for final approval of all or a section of an approved tentative PUD plan shall be made to the appropriate administrative officer. The Planning Board shall act upon the application in accordance with procedures and conditions and standards as specified in the Municipal Land Use Law (1975).
B.
At the time of filing for final PUD plan approval, the applicant shall pay to the Township of North Brunswick a fee equal to 1/2 the amount of the tentative application fee.
§ 205-91 Required improvements.
Before final approval of a planned unit development, the Planning Board may require, in accordance with the standards of this chapter, the installation, or the furnishing of a performance guaranty in lieu thereof, of all or any of the following improvements it may deem to be necessary or appropriate: street grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, water mains, culverts, bridges, storm sewers, sanitary sewers or other means of sewage disposal, drainage facilities or structures and other improvements as the Planning Board may require or deem necessary in the public interest.
§ 205-92 Escrow funds.
Upon receipt of a conceptual development plan, or an application for general development plan approval, for tentative plan approval and for final plan approval for a planned unit development in either the PUD, PUD-II or TMU Zones, the Secretary of the Planning Board shall send a copy of the application and a set of all maps and reports to the Board Attorney and Board Planner. Within 10 days of receipt, the Board Attorney and Board Planner shall submit to the Secretary of the Planning Board an estimate of funds sufficient in amount to undertake technical reviews, prepare reports, conduct site inspections and to attend meetings. Said funds shall be required to be placed in an escrow account by the Township Treasurer to be used as follows:
A.
The Board professional staff and clerical staff shall submit vouchers for all necessary fees for attendance at meetings and examination, inspection and review of the planned unit development, which fees shall be paid in the ordinary manner. Said vouchers shall be based upon hourly fees for necessary man-hours expended.
B.
Any of the aforesaid moneys left in the escrow account upon completion of the project or phase of the application procedure, as the case may be, shall be returned to the applicant as soon as it is practically possible.
C.
Should additional funds be required after the original funds are exhausted, such funds as shall, in the judgment of the Planning Board, be necessary shall be paid in the appropriate account or accounts.
D.
The Planning Board shall notify the professional staff that all appropriate examinations, inspections and reviews shall be undertaken.
E.
The Planning Board shall take no formal action on any specific phase of a planned unit development unless all application fees and escrow funds have been paid.
F.
In addition to the examination, inspection and review of the planned unit development by Professional Staff, the Planning Board may hire a consulting engineer to study and review the planned unit development. The findings of the consulting engineer shall be made in a written report to the Planning Board and given in testimony as part of the public hearing. The cost of such services shall be paid by the applicant to the Township Treasurer and placed in the appropriate account.