North Brunswick Township
City Zoning Code
City Zoning Code
ARTICLE XIX
TMU Transitional Mixed Use District
[Added 2-4-1985[1]]
[1]
Editor's Note: An ordinance adopted this date also superseded former Art. XIX, SPD Special Planned District. For current provisions, see Art. XIXA, O-R Office Research District.
§ 205-79 Purpose.
This zone has been designed in order to provide for a mixture of land use types which acknowledges the nonresidential development potential of large vacant tracts of land with frontage on U.S. Route 1, while also providing for transitional housing types to act as a buffer between permitted nonresidential development and established residential developments abutting this zone.
§ 205-79.1 Properties subject to court order.
Certain properties shall, as a result of court order, comply with the additional standards specified in § 205-79.3D. These properties are identified by block and lot number as follows:
Block | Lot |
|---|---|
4.05 | 47, 5.01, 105, 106, 107 and 119 |
74 | 25, 26, 27, 28, 31.01, 31.02, 1.01 and 1.02 |
§ 205-79.2 Permitted uses.
[Amended 8-1-1994; 5-15-1995 ; 4-29-1996 by 96-10; 2-3-1997 by Ord. No. 97-2; 2-22-2011 by Ord. No. 11-02; 11-16-2020 by Ord. No. 20-23]
The following uses are permitted in the Transitional Mixed-Use Zone:
A.
Principal uses.
(1)
General and professional office uses.
(2)
Warehousing facilities, limited in accordance with § 205-79.3A(5).
(3)
Research facilities.
(4)
Retail, restaurant, supermarket and other commercial uses, limited in accordance with § 205-79.3A, and theaters limited in accordance with § 205-79.3D.
(5)
High technology industrial uses where it can be demonstrated that the use is not incompatible with residential development.
(6)
Single-family dwellings.
(7)
All types of attached housing structures subject to compliance with the development standards of § 205-79.3C.
(8)
Hotel/convention facilities developed as one facility, including convenience commercial uses and restaurants which are related to a hotel convention facility.
(9)
Public buildings and uses.
(10)
Large retail establishments not to exceed a total of 120,000 square feet.
(11)
Shopping centers.
(12)
Adult day-care facilities.
(13)
Medical and dental offices and clinics.
(14)
Educational services.
B.
Permitted accessory uses.
(1)
Off-street parking, subject to Article XXIV of this chapter.
(2)
Off-street loading, subject to the provisions of Article XXIV of this chapter.
C.
Permitted accessory uses: 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.
D.
Conditional uses (subject to the provisions of Article XXIX of this chapter).
(1)
Churches and places of worship.
E.
Prohibited uses.
(1)
Any nonresidential use which will result in a hazardous, noxious or offensive condition beyond the confines of the building.
(2)
Indoor recreational and amusement facilities, excluding movie theaters, subject to the limitation that movie theaters may include no more than 850 square feet of space devoted to mechanical amusement devices.
(3)
Discotheques, dance clubs and any form of live entertainment or show, except as may be incidental to dining.
§ 205-79.3 Development standards.
A.
Overall tract planning standards for tracts of 40 acres or more.
[Amended 2-3-1997 by Ord. No. 97-2]
(1)
The maximum floor area ratio (FAR) for nonresidential development shall be equal to 0.25.
(2)
Maximum impervious coverage may not exceed 0.85 on any property developed for nonresidential use.
(3)
Maximum amount of warehousing: 40% of the nonresidential floor space.
(4)
Large retail establishments shall comply with the standards specifically enumerated for large retail establishments in § 205-79.4.
[Amended 2-22-2011 by Ord. No. 11-02]
(5)
Height restrictions. Nonresidential development shall not exceed 50 feet in height. Residential structures shall not exceed three stories or 40 feet.
(6)
Locational requirements. While the location of residential and nonresidential development within the zone is not specifically delineated in this section, a minimum building setback distance of 100 feet shall be provided along the entire frontage of U.S. Route 1. The appropriateness of proposed locations and transitions between nonresidential and residential land uses shall be in accordance with good planning practices and shall be approved by the Board.
(7)
Flexible development regulations. Lot sizes and dimensions 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.
B.
Tract planning standards for tracts which are less than 40 acres. On tracts which are less than 40 acres, no mixed use development shall be permitted. However, these tracts may be developed in accordance with the following:
(1)
The minimum area required for development is 2.0 acres.
(2)
Land within 500 feet of U.S. Route 1 shall only be developed for nonresidential uses permitted in § 205-79.2A, excluding theaters, which shall be specifically prohibited. All such nonresidential uses shall comply with the development standards and the Schedule of Area, Yard and Building Requirements applicable to the C-2 General Commercial District.[1]
[Amended 2-3-1997 by Ord. No. 97-2; 2-20-2007 by Ord. No. 07-04]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(3)
Land which is in excess of 500 feet from U.S. Route 1 shall only be developed for residential uses permitted in § 205-79.2A(6), (7) and (9). However, residential development densities for housing which is developed on tracts of less than 40 acres shall be equal to 60% of the net density permitted for a mixed use development in § 205-79.3C(2). In no event shall the density of development exceed six units per acre. The development standards of § 205-79.3C(3) through (13) shall apply.
[Amended 2-3-1997 by Ord. No. 97-2]
C.
Residential development standards for tracts of 40 acres or more. Development standards shall be as follows:
(1)
Gross residential density: 5.5 units per acreage of the tract, with the exception of tracts which were litigated and are governed by court order in accordance with § 205-79.3D.
(2)
Net residential density: 10 units per acre devoted to residential use, with the exception of tracts which are litigated and are governed by court order in accordance with § 205-79.3D.
(3)
Residential housing mix. In order to assure a diversity of residential housing types, attached housing structures with more than eight units per structure shall not exceed 75% of the total number of dwelling units to be constructed. With the exception of the above limitation, no minimum or maximum percentages of alternative housing resources are prescribed herein.
(4)
Locational and buffer requirements for attached housing. No attached housing structure is to be constructed adjacent to an existing single-family property unless set back 75 feet from said property. Included in this setback shall be a thirty-foot buffer strip designed in accordance with Article XXVI of this chapter. Three-story attached housing structures shall be set back 150 feet from lots developed with existing single-family dwellings, this distance to be measured from property lines. Included in said setback shall be a fifty-foot buffer in accordance with Article XXVI of this chapter.
(5)
Minimum setback distances from roadways, parking areas and nonresidential uses. All residential structures shall comply with the following minimum setback requirements:
(a)
Fifty feet from existing or proposed Township roads.
(b)
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.
(c)
Ten feet from off-street parking areas. However, a driveway which leads to an individual unit shall be exempt from this setback.
(d)
One hundred feet from adjacent property either developed or zoned for nonresidential use.
(6)
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.
(7)
Buffer requirements. A thirty-foot buffer strip, designed in accordance with the requirements of Article XXVI, shall be required between any residential and nonresidential uses, even if said uses are separated by a public or private roadway.
(8)
Minimum distance between buildings: 20 feet between structures which do not exceed two stories; 30 feet between all others.
(9)
Maximum building height: three stories or 40 feet.
(10)
Maximum number of units per structure: 30 units for two-story buildings, and 40 units for three-story buildings.
(11)
Variation in setback. Front building elevations shall have a minimum four-foot variation in front building line every four horizontal units; and rear building lines shall vary four feet every six horizontal units.
(12)
Signs. Each individual residential and non residential section of a development shall be permitted one identification sign along each access road into the development. Such sign must generally conform to the design of the proposed project and shall not exceed 50 square feet in area. However, if more than one development is located off of a road, the total square footage of all signs shall not exceed 120 square feet.
(13)
Required number of off-street parking spaces. Off-street parking shall be required as follows: 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.
(14)
Required open space. A minimum of 10% of the total residential acreage shall consist of landscaped open space (excluding required buffers), recreation areas and related parking facilities. However, a minimum of 50% of this required open space shall be developed for active recreation facilities.
D.
Standards applicable to designated properties cited in § 205-79.1.
(1)
Standards applicable to Lots 47, 75.01, 105, 106, 107 and 119 in Block 4.05.
[Amended 2-3-1997 by Ord. No. 97-2]
(a)
Residential acreage and number of residential units. A maximum of 120 acres shall be developed for residential use, and in no case shall the number or residential units to be constructed exceed 1,108 units.
(b)
Affordable housing requirements. No less than 200 of the dwelling units approved for construction on this tract shall be marketed at a sales price or rent which makes them affordable to lower-income families in accordance with the regulations of Chapter 195, Housing, Affordable, of the Township of North Brunswick. One-third of these units (67) shall be affordable by low-income households, and the remaining 2/3 of these units (133) affordable by moderate-income households.
(c)
A movie theater shall be permitted and shall be limited to a maximum of 76,000 square feet, 18 screens and 4,375 seats.
(d)
All land lying south of Commerce Boulevard within 300 feet of Hartland Commons shall be developed for residential use only in accordance with § 205-79.3C, with the exception of an access roadway or driveway to nonresidential development.
(e)
No building permit shall be granted for the construction of any residential units between Hartland Commons and Route 1 until a certificate of occupancy has been obtained for a minimum or 50,000 square feet or nonresidential space, exclusive of the movie theater and the retail building at the intersection of Route 1 and Commerce Boulevard.
(f)
Shared parking shall be permitted for theater, retail, office and commercial uses, provided that the applicant demonstrates the adequacy of the parking proposed based upon generally recognized parking standards.
(g)
Front yard parking shall be permitted.
(h)
Lighted signs, and signs which extend above the vertical wall or cornice to which they arc attached, shall be permitted, subject to the sign not exceeding a height of 50 feet above ground level.
(2)
Standards applicable to Lots 25, 26, 27, 28, 31.01, 31.02, 1.01 and 1.02 in Block 74.
(a)
Residential acreage and number of residential units. Thirty-eight acres shall be developed for residential purposes, and in no case shall the number of residential units exceed 380 units.
(b)
Affordable housing requirement. No less than 76 of the dwelling units approved for construction on this tract shall be marketed at a sales price or rent which makes them affordable to lower-income families in accordance with the regulations of Chapter 195, Housing, Affordable, of the Township of North Brunswick. One-third of these units [25] shall be affordable by low-income households, and the remaining 2/3 of these units [51] affordable by moderate-income households.
(c)
Nonresidential construction. A minimum of seven acres shall be developed for nonresidential use in accordance with § 205-79.3A.
(3)
Standards applicable to lower-income units in both tracts.
(a)
Additional controls on lower-income units. Designated lower-income units shall be subject to price, rental, occupancy and resale controls as established by Chapter 195, Housing, Affordable, of the Township of North Brunswick.
(b)
Construction phasing, location and affirmative marketing requirements. All low- and moderate-income units are subject to the requirements of § 205-45.2B through E.
§ 205-79.4 Large retail establishments.
[Added 2-22-2011 by Ord. No. 11-02[1]]
A.
Purpose.
(1)
The purpose of this section is to allow large retail establishments to be located in the TMU Zone upon complying with specific design standards. However, retail centers that include large retail establishments with individual users occupying in excess of 50,000 square feet typically have several uninspiring design features in common, including no-frill site plans that eschew connection to the surrounding community and environs; plain vanilla, standardized, rectangular single-story buildings; monolithic, smooth-surface block facades; recognizable corporate color schemes; minimal architectural details; massive asphalt parking lots covering several acres; limited landscaping; few pedestrian amenities. The Township of North Brunswick will not permit this standardized mediocrity. As a result, the Township is enacting form-based guidelines that will require the large retail establishments to relate better to the community and have less negative impact upon the environment. This will be achieved through integrating the large retail establishments into the fabric of the development and the surrounding community.
(2)
The intent of the regulations incorporated herein is to bring pedestrians and bicyclists into the site and to allow them to maneuver safely throughout the site on a series of interconnected pedestrian pathways. As a result of these regulations, large retail establishments will incorporate pedestrian-scale features into the design of their buildings and the parking lots that surround them.
B.
Applicability. Large retail establishments shall be permitted uses in the TMU District only upon satisfying the following standards:
(1)
The property upon which said use is to be located shall have a minimum frontage of 500 feet on Route 1.
(2)
The developer shall make a financial contribution towards the cost of certain traffic improvements (the "traffic improvements") identified in a traffic study prepared by Maser Consulting, dated January 20, 2010, and entitled "NBTOD Traffic Study for North Brunswick Transit Village (Block 148, Lot 5.04) and BJ Wholesale Club (Block 4.6, Lot 1.04) Township of North Brunswick, Middlesex County, New Jersey" ("Maser Report"). Said contribution shall be made prior to the developer receiving a construction permit for the large retail establishment. The actual amount of the contribution shall be adjusted upward or downward based upon the actual costs of the design, permitting and construction of the improvements. Any additional contribution shall be made within 90 days of the date that written documentation is provided to the developer that the cost of the roadway improvements exceeds the estimate in the Maser Report. Failure of the developer to provide the additional funding within 90 days of notification shall result in the Township withdrawing the certificate of occupancy for the large retail establishment, requiring the large retail establishment to cease operations until said contribution is deposited with the Township.
(3)
The developer shall dedicate to the Township of North Brunswick, prior to the issuance of a construction permit, the right-of-way anticipated to be necessary for a three-lane reverse jughandle on southbound Route 1 at Commerce Boulevard in accordance with the Maser Traffic Study. Said right-of-way shall also include an additional four feet of right-of-way outside the proposed pavement area for roadway maintenance.
(4)
The developer shall enter into an agreement with the Township which shall address the financial contribution and right-of-way dedication, and which shall include provisions regarding adjustment of the area of dedication, to meet DOT design criteria, subject to agreed-upon limitations, including a maximum area of dedication of 1.5 acres and the loss of a maximum of 40 parking spaces.
(5)
The developer shall obtain NJDOT approval and make the necessary signal retiming and restriping improvements to the intersections of Aaron Road and Commerce Boulevard with Route 1, recommended on Pages 8 and 9 of the report prepared by Maser Consulting entitled "Addendum to NBTOD Traffic Study for BJ Wholesale Club, Block 4.46, Lot 1.04, North Brunswick, Middlesex County, New Jersey," dated March 17, 2010 (the "Maser Addendum"). The developer shall have no responsibility for interim (or permanent) road widening or signal improvements if mandated by NJDOT.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCADE
A structure providing shade, cover or protection from the elements, extending over a sidewalk or square, open to the street except for supporting columns, piers or arches. Arcades shall have a minimum clear height of 11 feet over a sidewalk and a minimum clear width of 10 feet from the front of an adjacent building to the inside face of the columns supporting the arcade. The area within an arcade shall be open to public access. Supporting columns/piers shall be located no more than 230 inches from the back of the curb. Where an arcade is built, the requirement for street trees is waived for that street frontage.
ARCH
An opening in a building or wall through which pedestrians or vehicles may pass. Building area over arches may contain walkways, hallways or habitable space as the case may be and shall be not less than nine feet over pedestrianways and 15 feet over vehicular drives or streets. Arches may also cross streets at a height of not less than 15 feet and shall provide for vehicular and pedestrian passage in such instances.
AWNING
An ancillary lightweight structure usually of canvas, cantilevered from a facade providing shade to the fenestration and spatial containment to the pedestrian. Awnings, to be an effective adjunct to a shop front, must thoroughly overlap the sidewalk and adhere to provisions found in the Comprehensive Sign Plan. Awnings may also be permitted to extend to the curbline and shall be permitted to have structural supports that touch down within the furniture zone of the street.
BIO SWALE
Landscape element designed to remove silt and pollution from surface runoff water. It consists of a swaled drainagecourse with gently sloped sides and filled with vegetation, compost and/or riprap. The water's flow path, along with the wide and shallow ditch, is designed to maximize the time water spends in the swale, which aids in the trapping of pollutants and silt.
BUILDABLE AREA
The area within a lot that can be occupied by buildings. Buildable area sets the limits of the building footprint.
COLONNADE
A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers.
CORNICE
The topmost element, composed of moldings, for an entablature, or used alone at the roofline or where walls abut ceilings.
DECORATIVE PAVING
Paving that is made up of solid, precise, modular units, stamped concrete, scored concrete, seeded concrete, colored concrete or any combination of the above.
EAVE
The junction of a wall of a building and an overhanging roof. In order to encourage pitched roofs, the designated maximum building height may be measured to the eave, not to the top of the roof.
ENTABLATURE
An elaborated horizontal band along the exterior of a building. Used primarily just beneath the roofline, sometimes used on the facade between floors.
ESTIMATED ENERGY DEMAND
The quantity of electricity projected to be consumed by a use, building or structure as determined by the Office of Clean Energy estimated energy demand calculator or similar calculator or tools used for determining load demand, including those utilized to obtain electric service from a utility company.
FACADE
A building face or wall.
FACADE, PRIMARY
A building face or wall that faces a public street or parking area containing more than 300 spaces.
FACADE, SECONDARY
A building face or wall that faces an interior courtyard, parking area, service area, alley or rear of the building.
FASCIA
A projecting flat horizontal member or molding, also part of a classical entablature.
FENESTRATION
An opening in the building wall allowing light and views between interior and exterior spaces. Fenestration is measured as glass area for occupied buildings and as open area for parking structures.
FRIEZE
An ornamental element, applied to the top of a horizontal segment of a mantelpiece, with side supports serving as pilasters.
GABLE
The part of the end wall of a building between the eaves and a pitched or gambrel roof. The gable orientation shows the vertical triangular plane rather than the slope side of the roof.
KIOSK
An enclosed structure used for the sale of goods, services, food or beverage. Kiosks may be located in civic plazas and squares and shall be located a minimum of two feet from any curbline.
LARGE RETAIL ESTABLISHMENTS
Retail uses in excess of 50,000 square feet and not to exceed a total of 120,000 square feet. Large retail establishments LRE, which may not exceed 50 feet in height and one story, inclusive of a mezzanine, may include uses such as, but not limited to, membership warehouse clubs, including servicing of motor vehicles, but not including body work, and major engine and/or transmission repair; tire sales and installation; handling of recycled oil and outdoor storage and distribution of propane; home improvement stores, including lumber sales and garden centers; and general retail sales of goods and services.
LEED
Leadership in Energy and Environmental Design program sponsored by the United States Green Building Council to promote energy efficient design of buildings and places.
LEED CERTIFICATION
A project or building that is designed to achieve LEED certification is one that provides site or building elements that would earn at least 40 points, according to the standards of LEED for New Construction 2009 v.3.0 or LEED for Retail 2009 v.3.0 as the case may be, as determined by the Township Planner. Submission to the U.S. Green Building Council is not required.
LINTEL
The topmost horizontal member over an opening, which helps carry weight of the vertical structure above it.
PARAPET
A low wall encircling the perimeter of a flat building roof, generally used to screen roof-mounted mechanical equipment.
PEDIMENT
A crowning triangular element at the face of a roof or above a door opening.
PERGOLA
Similar to arbors, which include an open framework structure that forms a shelter. However, pergolas are commonly used to provide directional form over walkways or to create a private outdoor seating or patio area.
PERMITTED PROJECTION
Building elements that may be permitted to extend over setback lines and street rights-of-way, including eaves not more than 36 inches; bay windows, architectural corner elements and other building areas, provided that a minimum clearance over sidewalks and pedestrianways of 12 feet is maintained; canopies and marquees, provided that a minimum clearance of 12 feet is maintained over sidewalks and pedestrianways; entry doors not wider than 42 inches; cornices, pilasters and building base courses not deeper than 24 inches; planters not deeper than 36 inches; stoops and entry stairs not deeper than 42 inches; balconies and balconettes above the ground floor, not deeper than 60 inches; flagpoles not located at the ground floor, not projecting more than 10 feet; awnings, porticos, porte cocheres, and other building elements incorporated for visual interest and diversity.
PILASTER
A thin square column attached to a wall or to the corners of a building, which matches the details of accompanying freestanding columns.
PLANTER
The element of the public streetscape, typically a pot or vessel, which accommodates trees, and/or other landscape plantings. Planters may be continuous or individual.
RAIN GARDEN
A planted depression that is designed to take as much as possible of the excess rainwater runoff from a house or other building and its associated landscaping.
RENEWABLE ENERGY GENERATING EQUIPMENT
Equipment and structures for the generation of renewable energy, including, but not limited to, solar panels, wind turbines, fuel cells, geothermal heat pumps and piping, and similar devices. Renewable energy generating equipment may be attached to a building or freestanding and, except for freestanding wind turbines, is exempt from height and setback requirements.
SOLAR PANEL
A device or group of devices attached to a building to provide passive generation of electricity from the sun.
SOLAR SCREEN
A device attached to a building to provide shading for glazed areas thereof.
SUSTAINABLE
Having the ability to accommodate and maintain population growth and economic expansion through intelligent design.
TEXTURE
The exterior finish of a surface, ranging from smooth to coarse.
TRANSON
A horizontal window above a door or window, usually rectangular in shape.
TRELLIS
Lightweight elements used for controlling the shape or to support climbing and other plants. In most instances, it is usually constructed on a flat plane, in a two-dimensional way, unlike an arbor, which is frequently a three-dimensional structure.
D.
Development and design standards.
(1)
If a large retail establishment is constructed as part of a shopping center, lots and uses are not required to front on a public street for the purposes of subdivision, provided that adequate vehicular, emergency and pedestrian access is provided to individual lots and uses thereon.
(2)
Large retail establishments shall be set back a minimum of 40 feet from the nearest property line.
(3)
Each large retail establishment constructed pursuant to this subsection shall utilize renewable energy, such as, but not limited to, solar, wind, fuel cells or geothermal power to produce a minimum of 10% of its estimated energy demand.
(4)
Each large retail establishment constructed pursuant to this subsection shall be designed to achieve LEED certification.
(5)
The following development and design standards shall apply to all large retail establishments:
(a)
Area yard and building requirements.
[1]
Minimum lot size: 50,000 square feet.
[2]
Minimum lot width: 200 feet.
[3]
Minimum tract boundary setbacks: 40 feet to the nearest property line.
[4]
Minimum lot front setback: Zero feet from the front lot line and a minimum of 10 feet from site access roads and four feet from any drive or parking aisle.
[5]
Minimum lot side setback: Zero feet.
[6]
Minimum lot rear setback: Zero feet.
[7]
Maximum building height: 50 feet.
[8]
Maximum lot coverage: 100%.
(b)
Required site access. The following site access and circulation dimensions are required in order to accommodate safe and efficient site access and on-site circulation:
[1]
All site access driveway roadway widths shall be 30 feet.
[2]
The minimum driveway throat length between an intersecting public roadway and the first access to off-street parking or an intersecting driveway shall be 100 feet.
[3]
Each LRE shall have a physically disabled passenger loading zone adjacent to and within 50 feet of the main entrance, said loading zone being a minimum of 40 feet in length and eight feet in width, with an accessible access path not less than 60 inches wide for the length of said zone and leading to the entrance.
[4]
All projected LREs shall provide along the main facade of the building for a bus loading/unloading area to accommodate local bus service to the large retail establishment.
(c)
Facades and exterior walls.
[1]
Facades and exterior walls shall be articulated to reduce the massive scale and the uniform, impersonal appearances of LREs and provide visual interest that will be compatible with the character of future shop front retail.
[2]
Ground-floor facades greater than 100 feet in length, measured horizontally, that face a public street and are within 200 feet of said street, as well as ground-floor facades that face an off-street parking area with 200 or more parking spaces, shall incorporate wall plane projections, arcades or recesses having a depth of at least 2% of the length of the facade and extending at least 20% of the length of the facade in aggregate. No uninterrupted length of any facade addressed by this section shall exceed 100 horizontal feet.
[3]
Ground-floor facades that face a public street and are within 200 feet of said street, as well as ground-floor facades that face an off-street parking area with 200 or more parking spaces, shall provide display windows, windows, or transparent, translucent or opaque glass treatments, along no less than 40% of their horizontal length. Required display windows, windows, or transparent, translucent or opaque glass treatments shall occupy no less than 40% of the area between grade level and 10 feet above grade level, inclusive of any glass entry doors.
[4]
Ground-floor facades that face a public street and are within 200 feet of said street, as well as ground-floor facades that face an off-street parking area with 200 or more parking spaces, shall provide arcades, articulated entry areas, awnings or other such features along no less than 50% of their horizontal length.
[5]
Building facades must include a repeating pattern that shall include the following elements: color change; texture change; material module change; and expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib. All elements shall repeat at intervals of no more than 50 feet horizontally along the length of the building.
[6]
Each building shall be required to display an articulated base and roofline or cornice. The base and cornice line shall each equal at least 5% of facade height, and in no instance shall the base be less than four feet high and the cornice be less than two feet high. The base and cornice may be interrupted for required windows and doors as necessary.
[7]
Permitted fascia wall signs shall consist of individual raised letters and logo forms that project no less than six inches and no more than 12 inches from the facade wall either attached to a panel or directly to the building wall.
(d)
Materials and colors.
[1]
Colors for large retail establishments shall be in accordance with the Schedule of Approved Colors contained herein, which may be obtained from any manufacturer. The approved color palettes may be cross-referenced with any major paint company color palette.
Schedule of Approved Colors | ||
|---|---|---|
[a] | Weathered Oak | |
[b] | Bronze Green | |
[c] | Gold Buff | |
[d] | Brickstone | |
[e] | Cherry Bark | |
[f] | Slate | |
[g] | Spruce Shadow | |
[h] | Bayonne Blue | |
[i] | Antique Velvet | |
[j] | Mississippi Clay | |
[k] | Pine Mountain | |
[l] | Dark Grey Heather | |
[m] | Deauville Sand | |
[n] | Henna Red | |
[o] | Nimbus | |
[p] | Laurel Green | |
[q] | Niagara Green | |
[r] | Dark Rosewood | |
[s] | Mushroom Brown | |
[t] | Terra Verte | |
[u] | Olive Brown | |
[v] | Burgandy Velvet | |
[w] | Shale | |
[x] | Midnight Blue Grass | |
[y] | Old Brass | |
[z] | Maple Nut | |
[aa] | Traditional Navy | |
[bb] | Ashlar Gray | |
[cc] | Blue Stone | |
[dd] | Elderberry | |
[ee] | Beige | |
[ff] | Brownstone | |
[gg] | Weathered Walnut | |
[hh] | Old Ivory | |
[ii] | Fern Green | |
[jj] | Hemlock | |
[kk] | Gull Grey | |
[ll] | Juniper Green | |
[mm] | Sand | |
[nn] | Platinum | |
[oo] | Paynes Blue Gray | |
[pp] | Bronze Glow | |
[qq] | Silver Gray | |
[rr] | Deep Blue | |
[ss] | Chincilla Gray | |
[tt] | Ivory | |
[uu] | Shingle Gray | |
[vv] | Emporium Blue | |
[ww] | White Fawn | |
[xx] | Woodbine | |
[yy] | Creole | |
[zz] | Colonial Sage | |
[aaa] | Olive | |
[bbb] | Red Sienna | |
[ccc] | Picket Fence | |
[ddd] | Roccoco Yellow | |
[eee] | Dark Denim | |
[fff] | Gold Ecru | |
[ggg] | Seacrest Green | |
[hhh] | Cottage Green | |
[iii] | Bay Rum | |
[jjj] | Bullrush Beige | |
[kkk] | Green Stone | |
[lll] | Oak Buff | |
[mmm] | Pale Umber | |
[nnn] | Weathered Fence | |
[ooo] | Clippership | |
[ppp] | Argent Gray | |
[qqq] | Blue | |
[rrr] | Scrimshaw | |
[sss] | Moonbeam Gray | |
[ttt] | Eaton Greene | |
[uuu] | Misty Morn | |
[vvv] | Mansion Stone | |
[www] | Ashen Rose | |
[xxx] | French White | |
[yyy] | Flemish Blue | |
[zzz] | Baltic Blue | |
[aaaa] | Wheat | |
[bbbb] | Pale Copper | |
[cccc] | Final Bronze |
 |
[2]
Exterior building materials and colors should be compatible with materials and colors shown in the Schedule of Approved Colors.
[3]
Predominant exterior building materials shall be quality materials, including, but not limited to, brick, sandstone, native stone veneer, cultured stone and stone veneer.
[4]
Predominant facade colors shall be low-reflectance, subtle, neutral or earth-tone colors provided in the Schedule of Approved Colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
[5]
Building trim and accent areas may feature brighter colors, including primary colors as provided in the Schedule of Approved Colors.
[6]
Building trim may be brick, stone, cast stone, cultured stone, painted or treated metal, composite materials, high-density plastic, fiberglass-reinforced polyurethane, grid-reinforced cement and equivalent materials, and painted or stained wood.
[7]
Exterior building materials shall not include smooth-faced concrete block, unarticulated smooth-faced concrete or nonarchitectural steel panels not treated with an approved building material.
[8]
Permitted signs of all types may utilize corporate or trademarked color schemes in addition to those colors permitted in the Schedule of Approved Colors.
[9]
Building elevations of all sides of a large retail establishment indicating compliance with ordinance standards shall be submitted as part of any preliminary site plan approval application.
[10]
Physical samples of all proposed building materials and colors shall be submitted to the Planning Board for review and approval as part of preliminary site plan approval application.
[11]
All expansion joints shall be disguised with architectural elements such as piers, recesses, projecting facade elements or material changes.
(e)
Entryways.
[1]
Each large retail establishment shall have clearly defined, visible customer entrances featuring no less than four of the following:
[a]
Canopies or porticos.
[b]
Overhangs.
[c]
Recesses/projections.
[d]
Arcades.
[e]
Raised corniced parapets over the door.
[f]
Peaked roof forms.
[g]
Arches.
[h]
Outdoor patios.
[i]
Display windows.
[j]
Multiple entryways.
[k]
Architectural details such as tile work and moldings which are integrated into the building structure and design.
[l]
Integral planters or wing walls that incorporate landscape areas and/or places for sitting.
[2]
The primary entryway shall be not less than 133% of the height of the wall of the principal building. This requirement may be reduced to not less than 120% of the height of the principal building upon the inclusion of a unique or distinctive architectural treatment or design element at the primary entryway.
[3]
Where additional stores will be located in the LRE, each such store may have at least one additional exterior customer entrance, which entrance shall conform to the above requirements.
[4]
Uses requiring door or window security gates shall be permitted to install mesh or lattice gates on the interior of windows and doors. Exterior or solid security gates or solid rollup doors that do not permit the passage of light are prohibited. Loading areas that are screened from the view of public streets and parking areas containing in excess of 200 parking spaces shall be exempt from this requirement. Alternatively, loading areas may be recessed from the primary building facade facing a public street or parking area containing more than 200 parking spaces by not less than 60 feet and be exempt from said screening requirement.
[5]
Merchant displays shall be limited to not more than six feet deep along 40% of the facade length. Merchant displays shall be removed and stored inside an enclosed building or space each evening upon store closing.
(f)
Roofs.
[1]
Roof features should be used to complement the character of the mixed-use retail and any residential development. Variations in rooflines shall be used to add interest to and reduce the massive scale of large buildings and such variations shall be no less than three feet in height and shall occur no less than every 100 feet. Roofs shall have no fewer than two of the following features:
[a]
Parapets concealing flat roofs and rooftop equipment from public view. The average height of such parapets shall not exceed 25% of the height of the supporting wall, and such parapets shall not at any point exceed 33% of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.
[b]
Overhanging eaves, extending no less than two feet past the supporting walls.
[c]
Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run, and less than or equal to one foot of vertical rise for every one foot of horizontal run.
[d]
Three or more roof slope planes.
[e]
All facades shall provide an articulated cornice at the eave line or parapet line a minimum of two feet in height and projecting a minimum of one foot from the facade.
[2]
Visible roof materials shall be architectural shingles, slate, tile, metal panels, metal or solar shingles. Flat roofs concealed by a parapet may be any material.
(g)
Off-street parking and loading.
[1]
Due to the presence of both a multiplex theater and a large retail establishment in the center along with other retail uses, the following parking requirements and shared parking matrix shall be applied when the large retail establishment comes in for approval:
[a]
Retail use: four spaces per 1,000 square feet.
[b]
Theaters: 0.2 spaces per seat.
[c]
Shared parking matrix based upon ULI factors.
Retail | Cinema | ||||
|---|---|---|---|---|---|
Time | Weekday | Weekend | Weekday | Weekend | |
12:00 noon | 95% | 80% | 20% | 20% | |
1:00 p.m. | 100% | 90% | 45% | 45% | |
2:00 p.m. | 95% | 100% | 55% | 55% | |
3:00 p.m. | 90% | 100% | 55% | 55% | |
4:00 p.m. | 90% | 95% | 55% | 55% | |
5:00 p.m. | 95% | 90% | 60% | 60% | |
6:00 p.m. | 95% | 80% | 60% | 60% | |
7:00 p.m. | 95% | 75% | 80% | 80% | |
8:00 p.m. | 80% | 65% | 100% | 100% | |
9:00 p.m. | 50% | 50% | 100% | 100% | |
10:00 p.m. | 30% | 35% | 80% | 100% | |
11:00 p.m. | 10% | 15% | 65% | 80% | |
12:00 midnight | 0% | 0% | 40% | 50% | |
[2]
No more than 70% of the required off-street parking for any large retail establishment building shall be located between the public street frontage and the particular building's front elevation. All remaining off-street parking shall be located outside of the area delineated by this standard.
[3]
Loading dock structures shall be located a minimum of 300 feet from any property line abutting a residential use; shall be enclosed; and shall be the same height as the rest of the building and a minimum of 20 feet in height. Unenclosed loading areas shall be screened from view of public streets and parking areas containing more than 200 parking spaces by a solid masonry screen wall at least eight feet high. Required screen walls shall be faced with an approved facade building material compatible with the primary building facade and have an articulated vertical element not less than every 15 feet along the length of said wall. Alternatively, loading docks that are enclosed or recessed by a minimum of 60 feet from the building facade facing a public street or a parking area containing in excess of 200 parking spaces shall be deemed to comply with the screening requirement.
(h)
Mechanical equipment.
[1]
The following equipment shall be screened from view from large parking areas, the street on which the building fronts, and from U.S. Route 1:
[a]
Air compressors.
[b]
Mechanical pumps.
[c]
Exterior water heaters.
[d]
Water softeners.
[e]
Utility and telephone company meters or boxes.
[f]
Garbage cans for individual uses, trash compactors and dumpsters.
[g]
Storage tanks.
[2]
Equipment that is enclosed or recessed by a minimum of 60 feet from the building facade facing a public street or a parking area containing in excess of 200 parking spaces shall be deemed to comply with the screening requirement.
(i)
Limitation on outdoor activities.
[1]
Outdoor storage or retail operations, other than loading or unloading, shall not be located between the rear or side of the building and any property line abutting a residential use, with the exception of outdoor seating for restaurants not located in a large retail establishment, subject to site plan approval by the Planning Board, provided that there are no more than five tables and a total of not more than 20 seats; that there be no alcohol served in the outdoor seating area; that there be no entertainment in the outdoor seating area; and that the outdoor seating area be set back a minimum of 75 feet from any property line abutting a residential use.
E.
Green engineering performance standards. The following green engineering performance standards shall be met by the development:
(1)
All large retail establishments shall be designed to achieve LEED certification pursuant to this subsection. Paperwork indicating proposed scoring for achieving LEED Certification shall be submitted to the Department of Community Development for approval with the submission of documents for preliminary site plan approval.
(2)
All new parking lot lights shall be LED (light-emitting diodes). Other new exterior lighting, including interior lighting for exterior identification signs, shall be LED or equivalent energy-saving technology available at the time of construction, dependent upon availability of suitable architectural lighting. Existing non-LED lights may be relocated as necessary.
F.
Landscaping and lighting.
(1)
Xeriscape landscape principles. All landscaping plans shall be designed to incorporate water conservation materials and techniques though application of xeriscape landscaping principles, which do not allow artificial plants, mulched (including gravel) beds or areas without landscape plant material, paving of areas not required for walkways, plazas or parking lots, bare ground, weed covered or infested surfaces. The following landscaping principles shall apply:
(a)
Plants with similar water requirements shall be grouped together on the same irrigation zones.
(b)
High-irrigation turf and plantings shall be limited to appropriate high-use areas with high visibility and functional needs.
(c)
Low-water-demanding plants and turf shall be used where practicable.
(2)
Parking lot landscaping.
(a)
All parking lot islands, connecting walkways through parking lots and driveways through or to parking lots shall be landscaped with a combination of deciduous and evergreen trees and shrubs suitable to a parking environment.
(b)
There shall be a landscaped area located between Route 1 and any parking lot, pursuant to a landscaping plan to be submitted to the Planning Board during site plan review.
(3)
Parking lot lighting.
(a)
All parking areas shall be illuminated to provide a safe pedestrian and vehicle operating environment.
(b)
The mounting height of parking lot light fixtures shall not exceed the height of the tallest building fronting on the parking area or 30 feet, whichever is less.
(c)
All parking lot lighting shall be shielded and directed downward to minimize incidence of sky glow and minimize impact on residential uses.
(d)
All parking lot lighting shall be LED or equivalent energy-saving technology available at the time of construction.
(4)
Street lighting.
(5)
A comprehensive lighting plan shall be established and approved by the Planning Board at the time of site plan approval.
(6)
The operation of searchlights and other upward-directed and moving lights used to promote business activity is strictly prohibited.
G.
Signage.
(1)
Signage shall be permitted in accordance with the following regulations and standards.
(a)
Square footage for retail tenants in excess of 50,000 square feet leasable area.
Signage Matrix for Retail/Hotel Tenants in Excess of 50,000 Square Feet Leaseable Area The total maximum allowable signage per tenant of 50,000 square feet or greater is not to exceed the square footage in the chart below. The maximum letter/logo height is seven feet | ||||
|---|---|---|---|---|
Primary Identification Signage Maximum Allowable | ||||
Tenant Leaseable Area (square feet) | Single Sign (square feet) | Aggregate (square feet) | Maximum Combined Allowable for All Sign Types Used (square feet) | |
50,000 to 75,000 | 300 | 400 | 500 | |
75,000 to 99,999 | 350 | 450 | 600 | |
100,000 to 125,000 | 400 | 600 | 800 | |
125,000 to 150,000 | 500 | 750 | 1,000 | |
150,000 or greater | 600 | 900 | 1,200 | |
(2)
Additional requirements.
(a)
Leasable area is gross square footage on all levels.
(b)
Sign area restrictions for secondary identification signage for retail tenants less than 50,000 square feet shall apply, except all size limitations shall be decreased by 50%.
(c)
Primary identification signage. All tenants may be allowed to choose two of the following as their primary identification signs: Type A fascia wall signs, Type B marquee/canopy sign, Type C feature sign, Type E1 awning sign, Type P pylon sign.
(d)
Secondary identification signage. All tenants may be allowed to choose four of the following as their secondary identification signs: Type A fascia wall sign, Type D blade sign, Type E2 awning sign, Type F plaque sign, Type G window/door sign, Type H changeable sign, Type M monument sign.
(e)
Multiple pylon signs shall be permitted along Route 1 frontage to a height of 36 feet each. Pylon signs shall have a maximum setback of 100 feet and minimum setback of 10 feet from Route 1.
H.
Application procedure.
(1)
Preliminary subdivision approval shall be in accordance with this chapter and utilize the checklist in Appendix C.
(2)
Site plan approval shall be in accordance with this chapter and utilize the checklist in Appendix A.
(3)
Final subdivision approval shall be in accordance with this chapter and utilize checklist in Appendix D.
[1]
Editor's Note: This ordinance also indicated that if § 205-79.4B(2) and (3) were adjusted to be invalid, the entire ordinance would be deemed invalid.
§ 205-79.5 Exemption from impact review.
No environmental impact assessment shall be required to be submitted prior to granting of 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.
§ 205-79.6 Other provisions.
All other requirements for PUD developments in §§ 205-87.1 through 205-92 in Article XXA shall apply to development in the TMU Zone unless such requirement is in conflict with the regulations governing the TMU Zone or other stipulation of court order.
