Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (8) The maximum number of stories shall be three (3). (9) The maximum building coverage for the entire tract prior to any dedication of land shall be twenty (20%) percent. (10) The maximum impervious coverage for the entire tract prior to any dedication of land shall be thirty-five (35%) percent. (11) There shall be a minimum perimeter buffer strip area around the perimeter of on the tract being developed which is at least seventy-five (75) feet in width, which buffer area strip shall consist of existing vegetation and, where deemed necessary by the Planning Board, supplemental vegetation (or fencing where appropriate), subject to the following: (i) The perimeter buffer strip shall permit roadway and utility crossings within the buffer except where adjacent to existing improved residential properties; provided, however, that said disturbance shall be limited to a linear distance of no more than four hundred (400) feet in any one location, and an area no greater than three (3) acres in size collectively when all areas of disturbance are combined; (ii) Where adjacent to existing improved residential properties, the perimeter buffer strip shall remain undisturbed in its natural state such that existing grading and vegetation is preserved; provided that a temporary intrusion into the perimeter buffer strip of up to twenty-five (25) feet in width measured from the interior buffer boundary (the "intrusion area") shall be permitted where required to excavate and grade for utility construction purposes as long as the intrusion area is regraded and replanted with evergreen vegetation and, where appropriate, berms so as to restore and establish the seventy-five (75) foot vegetated perimeter buffer strip and grading to substantially the same condition as existed prior to the intrusion; and provided further that while the utility right-of-way may be located partially within the intrusion area, under no circumstance will the actual utility lines be located within any part of the perimeter buffer strip where adjacent to existing improved

intrusion area, under no circumstance will the actual utility lines be located within any part of the perimeter buffer strip where adjacent to existing improved residential properties; (iii) Where the perimeter buffer strip abuts any part of the tract that will be dedicated to and accepted by the Township for open space preservation purposes and the dedicated lands are adjacent to existing property owned by the Township, the perimeter buffer strip may be reduced in width or eliminated; and (iv) Where the perimeter buffer strip abuts existing unimproved property owned by the Township, a portion of the perimeter buffer strip may be disturbed for roadway and utility purposes, provided that said disturbance is [a] located no closer than twenty-five (25) feet to the property line, [b] has a linear distance of no more than six hundred (600) feet, and [c] has a total area of no greater than two (2) acres. (12) A minimum of forty (40%) percent of the tract shall be set aside as open space. Such open space may be either voluntarily dedicated to the Municipality for public use or may be reserved for the benefit of the residents of the development. If such open space is dedicated to the Municipality for public use, then the following standards must be met in order for the Municipality to accept the dedication: 118

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (i) A minimum of twenty (20%) percent of the total tract must be dedicated for public use. (ii) The area dedicated for public use shall have frontage on and access from a State roadway. (iii) The area dedicated for public use shall be substantially suitable for parks, playgrounds, soccer fields, ballfields, schools, libraries, or any other community or recreational facility deemed appropriate by the Township Council. (iv) Any area dedicated for public use that is intended for recreation shall be improved by the developer in accordance with a plan to be memorialized in a developer's agreement approved by the Township Council. (13) For any open space that is not dedicated to the Municipality, such common open space shall be designed as an integral part of the development and shall include, to the extent practicable, natural assets such as woodlands, wetlands and stream corridors. Common area lands developed for the benefit of residents in the development may be devoted to recreation, including, but not limited to, a clubhouse, swimming pool, tennis courts, jogging/fitness trails and walking paths. Any privately-owned open space, beyond the recreational improvements, drainageways and/or detention basins and/or utility lines, shall be maintained as a passive open space in its natural state to benefit the community in general and the natural environment. For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space) without first offering to dedicate the same to the Township. (14) Off-street parking and street design standards shall be in compliance with Residential

common open space) without first offering to dedicate the same to the Township. (14) Off-street parking and street design standards shall be in compliance with Residential Site Improvement Standards (RSIS). (ml) Townhouse/Low-Rise Residential Cluster Development. A townhouse/low-rise residential cluster development shall be permitted in the R-5 District as a conditional use in order to provide flexibility in residential unit type and design, to encourage open space, to facilitate land development activities that respect site constraints and sensitive environmental features, to provide for the establishment of both on- and off-site open space, and to provide for the regional transportation needs of the Township. The township/low-rise residential cluster development shall satisfy the following requirements: (1) The minimum tract size shall be 20 acres. (2) Density and Buffer Requirements: (i) The maximum base density shall be three (3) units per acre in the R-5 Zone. A set-aside of not less than thirty (30%) percent of the gross tract area as permanent common open space for use of the resident owners and/or the general public shall be required. [a] A minimum fifty (50) foot landscape buffer shall be required along the front, side and rear yards. 119

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (ii) Cluster bonus density of up to fifty (50%) percent of the base or a maximum of four and one-half (4.5) units per acre shall be permitted if not less than forty (40%) percent of the gross tract area is preserved as permanent common open space. [a] A seventy-five (75) foot minimum landscape buffer strip shall be required along the front, side and rear yards. (iii) Alternatively, up to a fifty (50%) percent maximum bonus density of up to not more than four and one-half (4.5) units per acre may be granted for cluster housing developments that offer permanent preservation and protection of land and improvements with historically and/or culturally significant features. Such land and improvements with historically and/or culturally significant features may be on tract or located off tract. [a] A continuous landscape buffer strip of not less than thirty (30) feet shall be required along the front, side and rear yards. The buffer may be penetrated by access roads provided that there shall be a minimum of a fifty (50) foot buffer from any such road to any existing residential dwelling. (3) The maximum height of any townhouse unit shall be thirty-five (35) feet as measured from the average grade around the perimeter of the building to the midpoint of the roof. (4) The maximum number of stories in the townhouse units shall be three (3). (5) For the low-rise buildings, each apartment unit within the building shall have a minimum unit size of two thousand five hundred (2,500) square feet. (6) The maximum height of the low-rise building shall be fifty-five (55) feet when measured from the average grade around the perimeter of the building to the midpoint of the roof. (7) The maximum number of stories for the low-rise building shall be four and one-half (4 1/2) stories over one (1) story of parking. (8) The maximum building coverage for the entire tract prior to any dedication of land shall be thirty-five (35%) percent. (9) The maximum impervious coverage for the entire tract prior to any

The maximum building coverage for the entire tract prior to any dedication of land shall be thirty-five (35%) percent. (9) The maximum impervious coverage for the entire tract prior to any dedication of land shall be fifty (50%) percent. (10) In satisfaction of all or part of its obligation, the developer may donate a portion of its property, or other property off-site, for such public or quasi- public purpose as may be acceptable to the Township that has historically and/or culturally significant features; provided, however, that such donation from the gross area of the tract shall not affect the gross acreage for density purposes. (i) In the event of a donation as set forth in this paragraph (10), the recipient of the R-5 District property, in lieu of the bulk or dimensional requirements for such use as set forth in subsection 25-24.2 hereof, shall satisfy the following requirements: [a] The maximum building coverage shall be thirty-five (35%) percent. [b] The maximum impervious coverage shall be sixty-five (65%) percent. 120

DRAFT PROPOSED REVISIONS – OCTOBER 2011 [c] Minimum setbacks from any adjoining nonresidential uses shall be as follows: [1] Fifty (50) feet from any structure on the property to be developed hereunder, to the property line. [2] Twenty (20) feet from any parking lot to be used in connection with any such structure, to the property line. [3] For either usage, the minimum setback as provided for herein shall include a twenty (20)-foot landscaped buffer, which will provide a year-round visual screen. [d] Minimum setbacks from any residential uses shall be as follows: [1] One hundred twenty-five (125) feet from any structure on the property in the development hereunder, to the property line. [2] Fifty (50) feet from any parking lot to be used in conjunction with any such structure, to the property line. [3] For either usage, the minimum setback as provided for herein shall include a fifty (50)-foot landscaped buffer, which will provide a year-round visual screen. [e] The maximum building height shall be fifty-five (55) feet, when measured from the average grade around the perimeter of the building to the midpoint of the roof. [f] The maximum number of stories shall be three (3). (11) For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space without first offering to donate same to the Township). 2. Business and

(except to an organization conceived and established to own and maintain the common open space without first offering to donate same to the Township). 2. Business and Industrial Districts. (a) Theater or Motion Picture Theater. In a Business District, a theater or motion picture theater exclusive of outdoor drive-in theaters, provided that the location of such use is deemed by the Board to be appropriate to its immediate neighborhood and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrances and the exits to parking area required by this chapter, so as to assure the public safety, and provided further that when such use abuts any residential district, the parking area or areas shall be suitably screened as to protect adjacent residential properties. (b) Bowling Alley or Billiard Parlor in an Industrial District. A billiard parlor or a bowling alley or a combination thereof, provided that the location of the use is deemed by the Planning Board to be appropriate to its immediate neighborhood, and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrance and exits to parking areas required by this chapter, so as to assure the public safety, and further provided that when such use abuts any residential district, the parking area or areas shall be suitably screened so as to protect adjacent residential properties. 121

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (c) Commercial Recreation.Ice Skating or Roller Rink in any Industrial District. An ice skating or roller rink provided that the location of such use is deemed by the Board to be appropriate to its immediate neighborhood, and that satisfactory evidence is presented that the use will not create any nuisance, and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrances and exits to parking areas required by this chapter, so as to assure the public safety, and further provided that when such use abuts any residential district the parking area or areas shall be suitably screened so as to protect adjacent residential properties. Comment [PG76]: vague (1) All buildings and outdoor recreation facilities shall be set back at least one hundred twenty-five (125) feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least seventy-five (75) feet from any property line. (2) There shall be a fifty (50) foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation. (3) The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by one hundred percent (100%) over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m. (4) A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary. (d) Hotel. In any B (Business) District, a hotel on a land area of five (5) acres or more in extent, provided that such use be approved by the Public Health Department, and subject to such conditions and

ny B (Business) District, a hotel on a land area of five (5) acres or more in extent, provided that such use be approved by the Public Health Department, and subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of entrances and exits so as to assure the safety of vehicular traffic, and the provision of buffers or minimum required lot area of two thousand five hundred (2,500) square feet per guest room or suite, a maximum building coverage of twenty (20%) percent and a maximum of forty (40%) percent impervious surface. (e) Commercial antenna. In a business, commercial or industrial district, a commercial antenna shall be permitted as a conditional use and shall satisfy the following requirements: (1) The applicant shall submit a site plan and appropriate engineering drawings, as well as a statement certified by a qualified engineer indicating the projected effective radiated power of all transmitted signals, the probable radiation pattern and an analysis of any potential for reception interference by electronic receiving devices of good design to the Planning Board or Board of Adjustment (“the Board”), as appropriate. Approval shall not be denied on the grounds of reception interference. Approval of a commercial antenna may be granted by the Board upon a finding that the site plan and design are structurally sound and conform to local engineering regulations, that the antenna does not result in an undue concentration of such structures in particular location, and that the antenna meets the height limitations hereinafter set forth. 122