Township introduces Arts and Transit zoning ordinance

The Township Committee introduced a zoning ordinance last month that would allow the University to build its proposed Arts and Transit Neighborhood along the Alexander Corridor.

The ordinance would create a new hybrid zone for “arts, education and transit” uses, permitting the University to build new arts buildings and rehearsal spaces and making way for commercial developments. The University plans to move the Dinky station 460 feet southward to make room for the neighborhood.

“We honestly think it really hasn’t been fully thought-through,” Goldman added, saying that the rail transit zone, as proposed, would not achieve its purpose and “essentially throws a bit of a monkey wrench” into the University's plans.

Rather than dissuade the University from moving the station, a transit-only zone would zone the land “into inutility” even while the University proceeded with its plan to move the station further south, Goldman said. He added that he had never seen a zoning ordinance that identified specific buildings for certain uses.

“I can tell you unequivocally what it does not do, and it does not do this: It does not keep the station there, it does not keep the tracks there, it does not keep the train service there and it does not keep the easement or right-of-way there,” Goldman said.

The intent behind the Borough Council’s proposed rail transit zone was to preserve a right-of-way for rail transit as far north as the current station. Contrary to the intention, zoning that causes the land to lie unoccupied for several years may in fact cause the right-of-way to expire, Goldman said.

If the land under the tracks is not used for rail transit for a period of five years, the easement allowing New Jersey Transit the right to operate there would expire, according to Goldman.

The Committee agreed to allow residences as a permitted use in the proposed “arts, education and transit” zone after Goldman explained that the University intends this provision to allow for the potential creation of a small artist-in-residence program, rather than a large-scale dormitory. The ordinance was revised to limit the area occupied by residences to 10,000 square feet.

Borough resident Chip Crider asked that the Committee alter the zoning for the area to permit start-up technology businesses to operate there. Township officials indicated that they intended to add these uses to a zone adjacent to the “arts, education and transit” district itself.

Borough resident Kip Cherry expressed concern that the zoning would permit a “pub” in the “arts, education and transit” zone.

“Between the main part of the campus and Forbes [College] you will have a pub, which doesn’t seem to me the best use for an area where there are students,” Cherry said. “I wonder if the police might not weigh in on whether or not that’s a good idea.”