Upper Township City Zoning Code
§ 20-4.7
"TC" Town Center and "TCC" Town Center Core.
[Ord. #009-2007, § 2; Ord. #008-2011; Ord. #004-2015 § 3; Ord. No. 011-2018]
a.
Purpose. The purpose of the "TC" and "TCC" Districts is intended to promote a desirable mix of commercial, office, civic and residential land uses within a vibrant, pedestrian-friendly, village environment with an emphasis on uses that service local needs. It is intended to encourage pedestrian flow throughout the area by generally permitting stores and shops and personal service establishments on the ground floor of buildings and promoting the use of upper floors for offices and residential dwelling units in order to enhance the orientation of land uses toward pedestrian shopping and circulation within a village-style mixed-use environment. The districts promote a more dense development through the use of community wastewater treatment facilities.
b.
Goals. The goals of the "TC" and "TCC" Districts include ensuring design compatibility with existing development that considers building height, materials, colors, landscaping and signage, sharing off-street parking and stormwater detention opportunities, providing off-street parking that is well-screened from public view; controlling means of vehicular access and coordinating internal pedestrian and vehicular traffic flows relating to existing and proposed development patterns. All development shall reflect traditional village planning and design principles, including:
1.
Provide a layout of buildings, open spaces and parking lot edges that encourage sidewalk and pathway interconnections.
2.
Provide for focal points such as small parks or squares and other open spaces, as appropriate, such that a sense of place is enhanced and strengthened.
3.
Promote the transition of land development into a new district that exhibits the design features of a traditional mixed-use village neighborhood promoting pedestrian circulation, social gathering and interaction amongst commercial establishments supporting and servicing the residents of the community.
4.
Create a district that offers a feeling of security.
5.
Encourage a mix of residences, stores and shops, personal service establishments, offices, workplaces and civic uses that are interwoven within a traditional mixed-use village neighborhood, all in close proximity.
6.
Encourage a mix of uses that provide for predominately retail stores, offices, restaurants and personal service uses on the first floor or street level with office and residential uses located on upper floors.
(a)
Promote the design and arrangement of buildings in a manner that advances "green building" concepts to achieve sustainability.
(b)
Promote the creation of a district with architectural facade design and building scale typical for a mixed-use village neighborhood and representative of elements of Upper Township's historic character.
(c)
Promote cross access and shared access to reduce the number of driveways along Route 9.
c.
Permitted Principal Uses. The permitted principal uses pertaining to the "TC" and "TCC" Districts are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
1.
Retail stores, restaurants and personal service uses are permitted only on the first floor within the "TCC" and "TC" Districts. Multifamily units are permitted only on the second and third floors in the "TCC" District. Offices are permitted on all floors in the "TCC" and "TC" Districts.
2.
Multifamily housing units are permitted in the "TCC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
3.
Multifamily housing and townhouses are permitted within the "TC" District through noncontiguous residential density transfer from the "AR," "C," "RD," F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
4.
Repair and servicing, indoors only, of any article for sale which is permitted in this district.
5.
Banks and Similar Financial Institutions. Drive-through provided that such are compatible with the design of the building and are appropriately located at the side or rear of a building. Drive-through facilities serving such uses shall be permitted provided that the scale of the drive through windows and lanes is compatible with the design of the building and site design. A maximum of three drive-through lanes shall be permitted (inclusive of lanes for ATMs).
6.
Apartments over retail including affordable housing meeting all standards of the Council of Affordable Housing and of the Township. Dwelling units shall be provided through noncontiguous residential density transfer from the "AR," "C," "RD," "F3," "F10" and "F25" Districts in accordance with zoning requirements under Subsection 20-6.8.
7.
Parks, plazas and playgrounds.
8.
Building structures and uses owned or operated by the Upper Township for municipal purposes.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Permitted Accessory Uses. The permitted accessory uses pertaining to the "TC" and "TCC" Districts are provided on Schedule B Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses[2] except as modified or supplemented by this section.
1.
Recreational and/or open space facilities, including, but not limited to, walkways, courtyards and plazas.
2.
Off-street parking and loading located to the rear of principal buildings or appropriately screened from public view.
3.
Signage standards shall be compatible to the architectural design of the buildings. Monument signs, wall and hanging signs shall be limited in size and compatible with the pedestrian scale of the center. Pylon signs are prohibited.
4.
Street furnishings, planters, street lights, and exterior, garden type, shade structures (gazebos).
5.
Sidewalk cafes associated with permitted restaurants.
6.
Fences and walls, which shall complement the architectural style, type and design of the building and the overall project design.
7.
Decks, patios and terraces, which shall complement the architectural style, type and design of the building and the overall project design.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "TC" and "TCC" Districts are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.[3]
1.
The maximum building height shall be three stories.
[3]
Editor's Note: Schedule C is included as an attachment to this chapter.
f.
Affordable Housing Requirements. Each applicant shall provide affordable units as required by the Township's housing plan and as determined by the New Jersey Council on Affordable Housing ("COAH") regulations. All affordable units shall meet COAH and Township affordable housing regulations.
g.
Parking Standards.
1.
The following off-street parking standards in the "TC" and "TCC" Districts shall be subject to Subsection 20-5.7 except that offices shall be provided at a ratio of four spaces per 1,000 square feet gross floor area. Residential parking shall comply with New Jersey Residential Site Improvement Standards ("RSIS"). A reduction in overall parking requirements may be permitted for shared parking use in mixed use developments based upon appropriate documentation provided to the Planning Board at the time of site plan approval by a qualified traffic expert.
2.
Where off-street parking areas are visible from existing public streets of the development, they shall be screened by landscaping or a low masonry wall.
3.
Off-street parking areas within a shopping center may reduce the stall size from 10 feet by 20 feet to nine feet by 18 feet for 50% of the total spaces over 100 spaces.
4.
Parking shall not be permitted in the front yard along any road.
5.
For single uses or shopping centers that have more than a total of 80,000 square feet, 75% of the required parking shall be provided within a parking garage or other structure with two or more stories.
6.
Parking garages shall not be considered a building for the calculation of building coverage but must meet all other requirements for accessory setbacks and impervious coverage limits. If the parking garage is attached to the principal building then that portion dedicated to the parking of vehicles shall not be included in the calculation of building coverage.
7.
Parking garages shall be provided with an architectural facade that screens the structure and is compatible with the principal use on the lot and shall comply with the standards set forth in Subsection I below to the maximum extent practicable.
h.
Minimum Off-Street Loading.
1.
Each commercial activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building, and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street. Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.
2.
There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building.
3.
The trash and/or garbage shall be stored in an enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a masonry wall and planting.
i.
Architectural Design Standards. All buildings shall be designed to convey a small-scale town or village character. Buildings shall contain the following design elements:
1.
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior. Long, monotonous, uninterrupted walls or roof planes are not permitted. Building wall offsets, including projections such as balconies, canopies, and signs, recesses, and changes in floor level shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets, dormers, or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
2.
A variety of building setbacks, roof lines, color schemes, elevations and heights shall be developed, relative to adjacent structures, to avoid a repetitious and monotonous streetscape. At least 1/2 of the developed facade must be two stories in appearance.
3.
The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations visible from public view are discouraged.
4.
The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and be constructed of quality materials.
5.
Architectural detail, style, color, proportion and massing shall reflect the continuity of treatment through the district, obtained by maintaining the building scale or by subtly graduating changes; by maintaining bases courses; by maintaining cornice lines in buildings of the same height; by use in surrounding buildings. Upper story windows shall be vertically aligned with the location of windows and doors on the ground level.
6.
Ground floor retail, services, and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground level facade area.
7.
An orderly relationship among windows, doors, porches and roof forms shall be provided for.
8.
Natural materials such as wood and masonry are recommended. High-quality manmade siding materials are permitted. Stucco may be used as an accent in limited areas.
9.
Pitched roofs (6/12 to 12/12) are recommended. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat and mansard-type roofs are not permitted, however, such roof treatments may be allowed if the architectural detail is provided to give the appearance of a pitched roof.
10.
All entrances to a building shall be defined and articulated by architecture compatible with the style, materials, colors and details of the building as well as shall the doors.
11.
Corner buildings shall be designed to appear as landmark buildings, since they have at least two front facades visibly exposed to the street. One possible treatment to achieve this goal would have buildings designed with additional height or architectural embellishments, such as corner towers, to emphasize their location.
12.
Building facade shall create a defining wall along the streetscape. Covered archways (minimum eight feet wide and maximum 50 feet wide) connecting buildings, enabling pedestrian circulation, shall be permitted to achieve the defining wall.
13.
Heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the public right-of-way and adjacent properties.
14.
Street furnishings such as benches, street lamps, bicycle racks, trash receptacles, bus stop shelters, landscape planters and hanging baskets shall be provided.
15.
Street-level store fronts and building entrances shall be open and inviting to pedestrians. Building entrance shall be enhanced by decorative pavements, detailed landscape and appropriate street furnishing.
16.
Decorative paving shall be required for pedestrian crossings within parking areas and elsewhere.
j.
Residential Standards for Townhouses and Multifamily Buildings.
1.
Residential units that are not part of a mixed use project are permitted only through density transfer as detailed under Subsection 20-6.8.
2.
Public water and a community wastewater treatment facility shall be provided.
3.
Maximum density for residential dwelling units shall not exceed six units per acre for townhouses and 12 units per acre for multifamily buildings.
4.
Minimum tract area for developments constructed solely for residential uses in the "TC" and "TCC" Zones shall be five acres.
5.
All common parking facilities shall be located at the rear of all dwelling units or in locations to be approved by the Planning Board. There shall be no parking or parking facilities in the required front yard setback of the property.
6.
Townhouses.
(a)
With respect to townhouses, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.
(b)
No townhouse building shall be designed for or occupied by more than eight dwelling units.
(c)
No townhouse building shall exceed 180 feet in length in its longest dimension, provided; however, that buildings may exceed the foregoing length so long as they do not contain more than six dwelling units. In addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.
(d)
There shall be no fewer than two exterior wall exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.
(e)
Individual townhouse lots. Parcel may be subdivided into separate lots. Requirements for individual lots shall be as follows.
Minimum lot area | 2,500 square feet |
Maximum building coverage | 60% |
Maximum impervious coverage | 70% |
Minimum lot width | 25 feet |
Minimum lot frontage | 25 feet |
Minimum lot depth | 100 feet |
Maximum building height | 35 feet |
Minimum front yard setbacks | 5 feet |
Maximum front yard setbacks | 20 feet |
Minimum side yard setback (1/both) | 0 feet/0 feet |
Minimum rear yard setback | 25 feet |
Minimum unit width | 20 feet |
Accessory structures: (Minimum side yard and rear yard setback) | 5 feet |
7.
Multifamily Buildings.
(a)
A multifamily building shall not exceed 180 feet in length; in addition, not more than two consecutive units shall be designed without at least a five-foot offset in the building line.
(b)
The distance between multifamily buildings shall be a minimum of 50 feet.
(c)
No more than 20 dwelling units shall be contained in a single multifamily building.
k.
Open Space Plaza Design Standards.
1.
One open space plaza shall be provided directly adjacent to a principal structure for each 80,000 square feet of nonresidential building.
2.
Open space plaza shall meet the following standards.
(a)
Encompass 2% of the lot area but shall not be less than 2,000 square feet in size.
(b)
One tree per 1,250 square feet of plaza.
(c)
Planting bed area of 150 square feet per 1,250 square feet of plaza.
(d)
Pedestrian-scaled lighting must maintain an average of 0.50 foot candle illumination within the plaza.
(e)
Benches and picnic tables with one seat or 24 inches of bench area per 200 square feet of plaza.
(f)
One trash and recycling receptacle per 2,000 square feet of plaza.
(g)
One bike rack per 8,000 square feet of plaza.
(h)
Plazas over 8,000 square feet shall provide one piece of public art or water feature.
3.
The open space plaza shall be maintained by the property owner.
l.
Outside sales display area for commercial uses shall be permitted subject to the following:
1.
Display area shall be limited to 50 square feet for every 50 feet of road frontage and not to exceed a total of 200 square feet.
2.
Items within the display area shall not exceed a height of six feet.
3.
Items shall not be located within the sight triangle of any driveway or roadway intersection or inhibit pedestrian or vehicle circulation.
4.
Temporary display areas shall be permitted two nonconsecutive forty-five-day periods per year. Temporary zoning permit shall be required for each period at least 10 days prior to the start of the temporary display area.