Upper Township City Zoning Code
§ 20-4.20
"MTCD" Marmora Town Center District.
[Ord. No. 011-2018]
a.
Purpose. The purpose of the "MTCD" District is intended to promote a desirable mix of commercial, office, civic and inclusionary 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 inclusionary 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 district promotes a more dense development through the use of community wastewater treatment facilities or sanitary sewer connection. The MTCD District is intended to create a variety of residential housing densities and options including affordable housing units. The MTCD district is further intended to promote non-residential development and balance the mix of residential to non-residential uses.
b.
Goals. The goals of the "MTCD" District includes 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 construction of affordable housing.
4.
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.
5.
Create a district that offers a feeling of security.
6.
Encourage a mix of inclusionary 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.
7.
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.
The permitted principal uses pertaining to the "MTCD" District shall require a mixed-use development limited to the following:
[Amended 5-26-2020 by Ord. No. 005-2020]
1.
Mixed-use projects shall provide a combination of residential and nonresidential development in accordance with the following:
(a)
Mixed-use developments shall have 40% of the total habitable space for nonresidential development uses and 60% of the total habitable space for residential development uses.
(b)
The residential may be upper-level apartments or stand-alone developments on the same parcel or contiguous parcel.
(c)
All development along Route 9 shall be nonresidential with the option for upper-level residential. No stand-alone residential building will be permitted along Route 9.
2.
Within the mixed-use development the following nonresidential uses are permitted:
(a)
Retail stores, restaurants and personal service uses.
(b)
General or professional offices.
(c)
Repair and servicing, indoors only, of any article for sale which is permitted in this district.
(d)
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 servicing 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).
(e)
Day-care centers.
(f)
Indoor theaters and bowling alleys.
(g)
Retail garden centers.
(h)
School of dance, drama, karate, or any similar instructional institution.
(i)
Recreation, exercise and health clubs and facilities.
(j)
Shopping centers, including any of the above uses.
(k)
Hotels and motels, including ancillary uses such as conference halls, banquet rooms, and recreational facilities.
3.
Residential uses within a mixed-use development are required in accordance with the following:
(a)
A maximum residential density of 12 units per acre is permitted.
(b)
Residential uses shall be on the upper levels of a mixed-use building or on a contiguous parcel.
(c)
Residential uses are not permitted along the ground floor on Route 9.
(d)
Residential uses shall require recreational amenities including but not limited to items such as pools, exercise rooms, outdoor recreational facilities or parks. The recreational amenities shall be part of any application for approval and reviewed by the Planning Board. The Board may permit entertainment or commercial recreational uses to fulfill this requirement as part of the mixed-use development.
(e)
Residential units only permitted in mixed use projects with new non-residential construction.
(f)
Affordable Housing Requirements. Each applicant for residential development shall provide a minimum of 20% of all residential units as affordable units as required by the Township's housing plan and as determined by the New Jersey Committee on Affordable Housing ("COAH") regulations. To ensure that any units created by this subsection generate affordable housing credits to be applied to the Township's affordable housing obligations, the affordable units within the Inclusionary Development shall comply with the Round 2 regulations of the New Jersey Council on Affordable Housing ("COAH"), the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and all other applicable law, including a requirement that 13% of all affordable units are available to very low income households, and said Inclusionary Development shall be deed restricted for a period of at least 30 years. In the event COAH promulgates new applicable and lawful regulations, those new regulations shall control.
4.
Parks, plazas and playgrounds.
5.
Building structures and uses owned or operated by the Upper Township for municipal purposes.
d.
Permitted Accessory Uses. The permitted accessory uses pertaining to the "MTCD" District are provided on Schedule B, Commercial and Mixed Use Districts — Permitted Principal, Conditional and Accessory Uses, except as modified or supplemented by this section.[1]
[Amended 5-26-2020 by Ord. No. 005-2020]
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.
8.
Parking garages.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
e.
Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "MTCD" District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.[2]
1.
Within the Marmora Town Center District (MTCD) the following shall apply:
(a)
The maximum front yard setback of structures shall be zero feet from the build-to line along Route 9.
(b)
The majority of the building must be at the build-to line, but 25% of the facade may be set back at a maximum of 10 feet to create one or more alcoves enclosed on three sides. Outdoor dining, canopies and balconies are permitted within such alcove areas.
(c)
The side yard (each side) shall be a minimum of zero feet, if attached to an adjacent building or a minimum of five feet if not attached to an adjacent building.
(d)
The maximum building height shall be five stories, except for buildings attached to a hotel use there shall be no maximum limit on stories.
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
f.
Parking Standards.
1.
The following off-street parking standards in the MTCD District 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.
g.
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.
h.
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.
i.
Residential Standards for Townhouses and Multifamily Buildings.
1.
Inclusionary Residential units are permitted in mixed-use projects only and may be either townhouse units or multi-family apartments. Residential units that are part of a mixed-use development may be on the upper levels or stand-alone on the same parcel or contiguous parcel and must be inclusionary pursuant to Subsection c above.
2.
Public water and a community wastewater treatment facility or sanitary sewer connection shall be provided.
3.
Maximum density for residential dwelling units shall not exceed 12 units per acre.
4.
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.
5.
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 | 3 stories |
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 |
j.
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.
k.
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.
l.
Phasing.
1.
A phasing plan is required within the MTCD zone for each development tract as part of the site plan approval. The phasing plan shall demonstrate that there is a ratio of 40% nonresidential habitable area to 60% residential habitable area before any approval may be granted for the proposed mixed-use development. The permitted residential density is 12 units per acre.
[Amended 5-26-2020 by Ord. No. 005-2020]
2.
A construction phasing plan is required as part of a site plan approval. The construction phasing plan shall provide for the completion of non-residential to residential in accordance with the following:
(a)
25% of the Non-Residential Space shall be completed with a certificate of occupancy before any residential units are occupied.
(b)
50% of the Non-Residential Space shall be completed with a certificate of occupancy before 25% of the Residential units are completed and occupied.
(c)
75% of the Non-Residential Space shall be completed with a certificate of occupancy before 50% of the Residential units are completed and occupied.
(d)
100% of the Non-Residential Space shall be completed with a certificate of occupancy before 75% of the Residential units are completed and occupied.
3.
The phasing of the commercial and residential may permit the commercial to be completed prior to the residential. The development shall include a site plan for the residential development at the required density for future construction.
m.
On-Site Security. On-site security plans consisting of personnel and/or systems shall be included with all applications for development. The plans shall be coordinated and approved by the Director of the Department of Public Safety. The use of personnel or systems shall be based upon the size of the development as determined appropriate by the Director of the Department of Public Safety and as may be modified by the Planning Board.