Woodland Park City Zoning Code
§ 22-21.1
Standards of Development.
*Previously the Planned Unit Development District
a.
Mixed-Use Development (MXD) Standards of Development.
1.
Purpose. The purpose of these MXD standards of development is to acknowledge the existing educational facility and other accessory uses and permits the development of a mixture of uses planned and designed as mixed-use developments. The purpose of these MXD standards of development is to provide a flexible regulatory approach to promote development which will enhance the identity of the area situated in the vicinity of Squirrelwood Road and Garden Avenue. The intent of these standards is to allow a concentration of certain educational and related activities, office uses, hotel/conference center/banquet facilities, CCRC/Assisted Living/Nursing Home and other complementary uses that are compatible within the context of a mixed-use development; and to enhance the area by defining its functional role in the community with an appropriate mixture of activities to foster an efficient and attractive design.
2.
Objectives. The MXD standards of development seek to achieve the following:
(a)
A development pattern in harmony with the goals and objectives of the Borough Master Plan to guide its growth and development.
(b)
A more desirable environment than would be possible through the strict application of other land use and development regulations of the Borough.
(c)
A creative use of land and related physical development, including access to an interchange on the Interstate Highway System, and which allows an orderly transition from one land use to another.
(d)
To encourage coordination of public and private procedures and activities shaping land development, including such elements as the placement of streets, utilities and open space, with a view of lessening the cost of such development and the more efficient use of land.
(e)
Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive united projects.
(f)
High standards of site and building design, through the use of trained and experienced land planners, architects, landscape architects and engineers to the end that the type, design and layout of the mixed use development may be substantially and efficiently related to the particular site and its environs.
(g)
The preservation and enhancement of desirable natural site characteristics, including environmental and ecological systems and amenities and maintenance of natural vegetation.
(h)
The preservation of and provision for, the functional and beneficial use of natural and landscaped open areas.
(i)
Attractive and efficient commercial development to enhance the economic well-being of the Borough without unnecessary or undue disruption of its residential areas.
(j)
Efficient and comprehensive traffic planning and the timely implementation of needed traffic improvements so as to minimize impacts of development in the surrounding area.
(k)
To ensure adequate provision of surface water drainage by requiring comprehensive plans for same at the time of preliminary site plan approval as to not adversely affect the surrounding community or the reservoir.
3.
Definitions. As used in this section governing MXD standards of development, the following terms shall be defined as indicated below:
(a)
Mixed Use Development (MXD) shall be defined and characterized by significant functional and physical integration of multiple principal uses on the same lot or tract as a part of any such development.
(b)
Permitted uses are classified as either principal or accessory, whereby a "principal use" shall be defined as a primary or predominant use of a lot or structure and an "accessory use" is a use which is customarily incidental to the principal use.
(c)
Postsecondary educational facility shall mean any school and/or educational facility of higher learning that is licensed by the State and authorized to provide instruction in postsecondary education programs consisting of formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or equivalent. This includes primarily programs of an academic, vocational, and continuing professional education purpose. For the purpose of these MXD standards, the term "college" shall be synonymous with "postsecondary educational facility."
(d)
CCRC/assisted living residence/nursing home; continuing care retirement facility and assisted living residence shall be defined as set forth in N.J.A.C. 8:36-1.3. A Nursing Home shall be defined as a facility providing "nursing home-level care" as defined in N.J.A.C. 8:36-1.3.
(e)
Dormitory shall mean a building used as group living quarters as an accessory use to a postsecondary educational facility, college, university, convent, monastery or similar institutional use.
4.
Use Regulations and Supplementary Requirements.
(a)
The following principal uses shall be permitted:
(1)
Postsecondary educational facilities.
(2)
Offices. As used herein, the term "office" shall include the following types of office use such as:
[a]
Professional and business offices;
[b]
Real estate and insurance;
[c]
Securities and commodity brokerage;
[d]
Holdings and investments;
[e]
Consumer credit card reporting and collection;
[f]
Business management consulting;
[g]
Medicine and dentistry;
[h]
Architecture, engineering, law, and planning;
[i]
Accounting and bookkeeping;
[j]
Research and development facilities that do not include any activities involving animal testing or development of or experimentation with toxic or hazardous agents or substances; and
[k]
Corporate or regional headquarters.
(3)
Business establishments and other commercial enterprises such as:
[a]
Bank and savings and loan commercial offices, whereby retail offices are excluded.
[b]
Advertising agencies.
[c]
News media offices or bureaus (not including transmitter towers).
[d]
Employment offices.
[e]
Medical and dental laboratories.
[f]
Detective and protective services.
[g]
Data processing centers.
[h]
Business archives.
[i]
Sales and administrative headquarters,
[j]
Child care centers.
(4)
Continuing care retirement community/assisted living residence/nursing home.
(5)
Hotel/conference center/banquet/catering hall, whereby one (1) hotel/conference center and one (1) banquet/catering hall or (1) integrated hotel and conference center/catering hall, will be permitted within the MXD tract. The maximum number of hotel rooms equals one hundred fifty (150), the maximum number of accessory restaurant seats equals one hundred (100) and the maximum number of banquet/catering hall seats equals eight hundred (800).
(6)
Single-family dwellings, subject to the following:
[a]
Existing single-family dwellings shall be regulated in accordance with regulations included in this chapter of the Borough of Woodland Park as are applicable to the Residential "B" Zone. The Residential "B" Zone requirements shall prevail over any conflicting MXD standard of development.
[b]
New lots for single-family dwellings may be created in accordance with regulations applicable to the Residential "B" Zone further provided that such residential lots shall be part of a subdivision that consists of a minimum contiguous lot area of two (2) acres. The Residential "B" Zone requirements shall prevail over any conflicting MXD standard of development.
(b)
Multiple Principal Uses. Notwithstanding any provision of the subsection to the contrary, multiple principal uses are permitted on a single lot within a MXD tract.
(c)
The following accessory uses shall be permitted in affiliation with a postsecondary educational facility located in the MXD tract:
(1)
Administrative facilities.
(2)
Classrooms.
(3)
Gymnasium.
(4)
Libraries.
(5)
Outdoor recreational facilities.
(6)
Auditorium.
(7)
College housing, whereby all college housing will be restricted for individual registered students enrolled on a full-time basis (at least twelve (12) credits per semester), individual faculty and individual staff of any college which is located within the MXD tract, except that students from educational institutions other than those attending the college may occupy up to fifty (50%) percent of this housing during the first three (3) years after a housing structure is first occupied, so long as no children reside in the housing, and so long as only students, faculty and staff of any college within the MXD tract reside in the housing beginning three (3) years after a structure is first occupied. A maximum of an additional two hundred seventy-five (275) beds will be permitted collectively, in addition to the one hundred ten (110) existing beds in the existing college housing, in no more than two (2) new buildings and/or an addition to an existing building. Further, a second housing structure cannot be constructed until the first structure is fully occupied by students attending any college which is within the MXD tract. The college housing shall be for individual students enrolled on a full-time basis (at least twelve (12) credits per semester), individual faculty and individual staff members, and shall be designed to function as dormitories, and shall not be dwelling units designed to be occupied by one or more persons functioning as a household.
(8)
Cafeteria. The hours of operation will be from 7:00 a.m. until 10:00 p.m. However, hours may be extended during examination periods.
(9)
Bookstore.
(d)
Restaurant Use. Restaurants may only be permitted as an accessory use in the MXD tract and may provide for a capacity of up to one hundred (100) seats. Hours of operation, will allow the restaurant to open at 7:00 a.m. and close at 10:00 p.m.
5.
Bulk (Zoning) Regulations. The following standards are deemed zoning regulations (pursuant to N.J.S.A. 40:55D-65) whereby any deviation thereof shall require variance relief pursuant to N.J.S.A. 40:55D-70:
(a)
No less than twenty-five (25%) percent of the entire acreage of the MXD tract shall be developed as and affiliated with a postsecondary educational facility in accordance with the following standards:
(b)
Individual development lots may be created within the MXD tract, provided that each new lot is not less than two (2) acres in area. If any lot(s) of the MXD tract is not under common and/or contiguous ownership, the total area of the MXD tract will be used to determine compliance with any provision(s) of this subsection that is specifically related to the MXD tract as a whole.
(c)
Minimum open space. Land area equal to a minimum of fifty (50%) percent of the total area of the MXD tract shall be permanently preserved for open space. The open space shall consist of all areas which are pervious, including, as may be further regulated herein, natural areas whenever possible and/or landscaping comprised of a mixture of grass, shrubs, shade trees, and other typical landscaping vegetation. It shall also include the area consumed by outdoor courtyards situated in a college campus setting, provided that such outdoor courtyards are surfaced with dry-laid brick pavers, hardscape or similar material. However, no more than fifty (50%) percent of such outdoor courtyards shall count toward this open space requirement for the MXD tract.
(1)
All areas of land within the MXD tract shall be eligible as open space and, if preserved as open space, may be devoted, but shall not be required to be devoted, to one (1) or more of the following open land uses: parks or playgrounds, woodland conservation areas, pedestrian walkways, courtyards, bicycle paths, and bridle trails, stream preservation, and watershed protection or flood control areas. The applicant shall clearly identify all open space areas and their proposed land uses.
(2)
Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of any above-referenced minimum (fifty (50%) percent) open space set aside, except for outdoor courtyards situated in a college campus setting, which are to be considered open space provided the above-referenced criteria in paragraph a6(c) is met.
(3)
An application for an individual component of the MXD tract will be deemed to have satisfied the open space requirements of this paragraph a6(c) even if the application is related only to a portion of an MXD tract or a particular lot(s) within an MXD tract, and even if that particular portion or lot(s) is no longer under common ownership with other portions of the MXD tract, or will no longer be under common ownership if the application is approved, so long as the MXD tract, taken as a whole, will continue to satisfy the open space requirements if the application is approved.
(d)
Maximum Impervious Coverage. The maximum impervious coverage shall not exceed fifty (50%) percent of the lot area of the MXD tract.
(e)
Setback Requirements.
(1)
No building or structured parking garage shall be constructed within seventy-five (75) feet of any MXD tract line or public road, inclusive of any required buffer.
(2)
No parking stalls, parking areas or associated driveways shall be located within fifty (50) feet of a County road, nor within twenty-five (25) feet of any other MXD tract boundary.
(f)
Height Limitations.
(1)
For all principal structures the maximum number of stories shall be no greater than six (6) stories, not to exceed a height of ninety (90) feet above the average finished ground elevation at the perimeter of the building.
(2)
For structured parking garages not related to a hotel/conference center, the maximum number of stories shall be no greater than four (4) stories, not to exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of the building or structure.
(3)
For structured parking garages related to a hotel/conference center, the maximum number of stories shall be no greater than six (6) stories, not to exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of the building or structure.
(g)
Minimum Number of Required Parking Spaces. Off-street parking shall be provided for all uses of land in accordance with the following requirements:
(2)
Office Uses. One (1) parking space for each two hundred fifty (250) square feet of floor area for professional office uses, financial institutions, commercial, or similar uses as set forth in list of permitted uses, with the exception of day care facilities.
(3)
Child Care Center Uses. One (1) space for each employee, plus one (1) space for each one thousand five hundred (1,500) gross square feet of floor area.
(4)
Hotel/Conference Center. One and one-fifth (1.20) spaces for each hotel room plus one (1) space for every two hundred (200) square feet of public meeting area (conference center).
(5)
Banquet Hall/Accessory Restaurant/Catering Facility. One (1) space for every two and one-half (2.5) seats.
(6)
CCRC/Assisted Living/Nursing Home. One-half (0.5) space per bed.
(7)
Shared Parking. When an applicant can document distinctly different parking patterns for certain mixed uses permitted pursuant to this subsection, the Planning Board may approve a shared parking arrangement which would reduce the total number of parking spaces otherwise required in accordance with this subsection.
(h)
Off-Street Loading Requirement. Every nonresidential structure or building containing at least ten thousand (10,000) square feet or more of gross floor area shall provide one (1) off-street loading space either within the structure, outside the structure or partially within and partially outside the structure.
6.
Design Standards. Subdivision and site plan applications shall be in accordance with all of the following design standards, except that the Board of Jurisdiction, at its discretion and for documented reasons as supported by credible testimony, may waive or modify any of the following design criteria or standards:
(a)
Facilities for Pedestrians and Vehicles.
(1)
Pedestrian sidewalks and amenities shall be provided in such locations, including entrances, exits and activity nodes where normal pedestrian traffic will occur. Granite (Belgian) block curbs and gutters or combination curb and gutter as directed by the approving authority shall be installed along all edges of pavement. Granite block stones shall have a minimum of ten (10) inch vertical length and constructed to show a vertical face of six (6) inches above the roadway pavement. The stones shall be set in 4000 psi concrete with a combined block/concrete base vertical dimension of eighteen (18) inches. A minimum concrete thickness of six (6) inches must be in front and in rear of the stone(s). Joints must be approximately one-half (1/2) inch to three-fourths (3/4) inch wide (maximum) and pointed with 1:2 cement and mortar.
(2)
Handicapped parking and handicapped-access to all pedestrian areas shall be provided as required by Federal standards. Curbing abutting sidewalks shall be depressed and shall be designed to provide barrier-free curb ramps constructed in accordance with the Americans with Disabilities Act.
(3)
Access to off-street or deck parking shall not be through entrances directly abutting public streets, but shall be connected to private streets by means of access driveways situated between the parking areas and private streets, not less than fifteen (15) feet long.
(4)
Sidewalks shall be required along both sides of a street unless waived by the approving authority. Exceptions may be permitted to preserve topographical or natural features, or to provide visual interest, or unless the Applicant shows that an alternative pedestrian system provides safe and convenient circulation. A minimum walkway width of four (4) feet, four (4) inches thick, set back minimally four (4) feet from the curbline, shall be constructed in accordance with the requirements of the Borough Engineer. Sidewalk shall be constructed of Class "B" concrete and in accordance with N.J.D.O.T. Standard Specifications for Road and Bridge Constructions in effect at the time of construction.
(b)
Streets.
(1)
All roadways shall be paved, bounded by permanent curbing and constructed in accordance with applicable provisions of the Borough Code. Roadways within the jurisdiction of the Borough shall have a minimum R.O.W. width of fifty (50) feet measured from lot line to lot line and shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation. Pavement sections shall consist of the following:
[a]
Dense Graded Aggregate Subbase: six (6) inches compacted thickness;
[b]
Bituminous Stabilized Base Course, Mix I-2: four (4) inches compacted thickness; and,
[c]
FABC Surface Course, Mix I-5: two (2) inches compacted thickness.
[d]
Further note that pavement section depths as enumerated herein may be reduced providing that proper engineering design/analysis and supporting calculations are provided by a certified pavement design firm and approved by the Borough Engineer.
(2)
Internal private roadways shall be at least twenty-four (24) feet in width for two-way traffic and twelve (12) feet in width for one-way traffic and shall enter a public street at an intersection or more than one hundred fifty (150) feet from an existing intersection. Other than at such an intersection, the physical centerline distance between the private roadway and the nearest intersection shall be a minimum of two hundred (200) feet. Parking on internal roadways shall be prohibited.
(3)
Street intersections with public streets shall be at right angles with other roadways or within acceptable intersection design standards approved/ recommended by NJDOT, AASHTO and ITE.
(4)
Grades of streets shall not exceed twelve (12%) percent. No street shall have a minimum grade of less than one (1%) percent or as approved by the Planning Board.
(5)
Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be prohibited.
(6)
A tangent at least one hundred (100) feet long shall be introduced between reverse curves on private streets.
(7)
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
(c)
Stormwater Management. All applicable developments (residential and nonresidential) must comply with the Borough's Municipal Stormwater Management Plan (MSWMP) and the New Jersey Pollutant Discharge Elimination System (NJPDES) stormwater rules, both of which address stormwater-related impacts. It is the Borough's intent to minimize the adverse impact of stormwater runoff on water quality and water quantity and the loss of groundwater recharge that provides base flow in receiving water bodies.
(d)
Buffer Area and Minimum Green Area.
(1)
A buffer strip consisting of a combination of grass and shrubs/trees, with a minimum width of twenty-five (25) feet, shall be provided along all public streets and a buffer strip of a minimum width of eight (8) feet shall be provided along all private streets.
(2)
All public street edges must be landscaped with a minimum of street trees of two (2) inches caliper every forty (40) feet. Trees of this size shall also be planted to assist in screening new buildings or parking from nearby residences.
(3)
The landscaped portion of the MXD tract not used for structures, roadways, loading access-ways, parking, or pedestrian walks must screen new buildings and parking on the tract so that new development on the tract does not result in an increase in light or noise beyond the MXD tract in excess of applicable limits.
(4)
Any buffer strip required by this subsection may be provided within the setback requirement as set forth in any other subsection of this section.
(e)
Parking Facilities.
(1)
Standard car parking stall dimension shall be nine (9) feet wide by eighteen (18) feet in depth.
(2)
All parking spaces shall be provided with aisles and driveways giving access thereto, which shall be paved, drained, and maintained in a good usable condition, and have a minimum dimensional width of twenty-four (24) feet for ninety (90) degree head-on parking, and two-way aisles. Aisles' width shall be reduced in accordance with generally accepted traffic engineering standards where one-way aisle or angled parking is utilized.
(3)
Structured parking garages are permitted to be provided either as a separate structure/building, or underground underneath a principal building. Parking garages shall comply with the height requirements set forth in the MXD zoning regulations as applicable to structure parking garages. The facade of a parking garage structure shall primarily consist of the same exterior building materials that are used as the veneer of the principal building.
(4)
Parking lots having more than one hundred (100) spaces shall have a minimum of two (2) means of ingress and egress, to be provided with a divided-type entrance.
(5)
Parking spaces shall not project beyond any required yard setback. Open parking areas should be set back from buildings a minimum of twenty (20) feet.
(6)
Exclusive of the required buffer at the public and private streets, a minimum of five (5%) percent of the required parking surface shall be landscaped with a combination of grass, shrubs, and shade trees. Such landscaped area shall be computed as part of the minimum required open space for an MXD tract.
7.
Miscellaneous Provisions and General Guidelines.
(a)
Development applications in the MXD tract shall include an environmental impact statement in compliance with Section 22-30.
(b)
Provisions made within any planned development for open space areas shall be reviewed, found adequate, and approved by the Planning Board. In its review, the Planning Board shall investigate the size of the parcel(s) devoted to open space, their location in relation to the project, the topography, the uses contemplated upon such open space, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels or facilities as applicable, traffic flows to and around said parcels, the ecological impacts of their placement, development and use, and the staging or timing of the open space relative to the staging of the development of the project, if such staging is proposed.
(c)
The Planning Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Borough Master Plan and subsequent Master Plan Re-examinations, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Board determines that:
(1)
The topography and environmental character of the land is suitable for the open space uses proposed, and the open space uses will not cause unreasonable adverse impacts to the ecology of the area incapable of being mitigated.
(2)
The open space areas are conveniently and appropriately set aside or designed with regard to the project's pedestrian and vehicular traffic patterns, to provide adequate access to, in, around, and from the areas and uses proposed.
(3)
While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use that are proposed for open space, the Borough may, at any time and from time to time, accept the dedication of the land(s) or any interest therein for public use and maintenance where a free and non-coerced offer is made by the developer or owners of the land(s).
(d)
In addition to all regulations herein contained in this subsection, development applications shall also require the Planning Board to find that the proposed development, its design and layout, and its size shall be such that it achieves a reasonable balance in the use of land, preservation of open space, and good development design principles and techniques.
(e)
Application for preliminary site plan and subdivision approvals may be made in stages by different applicants and shall be subject to review under all applicable law as independent projects.
(f)
Utilities. All on-site utilities constructed to serve the Mixed Use Development inclusive of sewer, water, electric, gas, telephone, fire alarms, and cable television service shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground. The developer of an MXD tract will be required to pay for off-tract utility improvements that are required to develop the said property, with such costs incurred as the MXD tract is developed and determined in accordance with N.J.S.A. 40:55D-42 of the Municipal Land Use Law and the advice of the appropriate professionals.
(g)
Proposed Construction. Subject to the provisions hereof, all necessary on-site and off-site improvements related to said construction on an MXD tract shall be proportionally constructed as functionally necessary for each phase of construction.
(h)
Private Streets. Private streets shall be permitted in the MXD Zone and it shall not be a bar to the subdivision of a lot or parcel within an MXD tract that the lot or parcel does not abut a public street, provided, however, that the lot or parcel must have legal access to a public street by virtue of a private street. Private streets shall comply with all construction standards applicable to similar public streets, unless the Board determines that special circumstances relating to the use or location of the street justify a variation. Other standards related to private streets, including but not limited to street width, shall be governed by the provisions of subsection 22-22.1a7(b) herein. All roadways on this tract will be subject to the application of all parking and motor vehicle laws and ordinances of the State of New Jersey (N.J.S.A. 39:1-1 et seq.) and the Borough of Woodland Park.