Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[Added 7-22-2004 by Ord. No. 19-2004[1]; amended 12-11-2014 by Ord. No. 44-14]
[1]
Editor’s Note: This ordinance also repealed former Art. XXXVIIA, I-3 Industrial District, added 12-22-1993 by Ord. No. 36-93, as amended.
The Town Center Zone District provides for a range of professional office, retail and limited residential uses to function as a mixed-use district within the geographic core of the Township of Hanover. It is further intended to create within the Town Center District vibrant open space and public access to the Whippany River. The district is intended to be designed in accordance with a comprehensive plan for the entire district with regard to the location of buildings, parking, public open space, vehicular and pedestrian circulation networks, utilities, stormwater management and related site improvements, as set forth in § 166-207.2. The district is also intended to accommodate an alternative development scheme incorporating a mixture of office, warehouse and light industrial buildings and housing as set forth in § 166-207.3.
In the T-C Town Center District, no building or premises shall be used and no building shall be erected or altered except as part of a planned commercial development for a mixed-use town center in accordance with the following standards or, in the alternative, for a mixed-use development in accordance with § 166-207.3:
A. 
Tract area. The planned commercial development shall be coterminous with the boundaries of the T-C Town Center Zone District.
B. 
Uses permitted in the planned commercial development.
(1) 
Retail goods and/or services, including specialty shops and boutiques.
(2) 
Restaurants and lounges, including, but not limited to, fast-food establishments and cafeterias, but excluding drive-through and curb service establishments. Outside dining may be permitted, subject to Planning Board approval.
(3) 
Banks.
(4) 
Hotels and extended stay facilities.
(5) 
Dinner theaters, theaters for the performing arts and other cultural facilities.
(6) 
Indoor health and recreation clubs.
(7) 
Farmers' markets.
(8) 
Entertainment and outdoor recreation facilities, but excluding video or pinball arcades.
(9) 
Professional and business offices.
(10) 
Public uses, including, but not limited to, museums (which may be private not-for-profit organizations), public historical displays, municipal libraries and any facilities owned or operated by the Township of Hanover. The floor area and improvements coverage of any such public use(s) owned or operated by the Township of Hanover or any other quasi-public or public entity such as but not limited to, a fire company, rescue squad or library commission shall not be included in FAR and improvement coverage calculations.
(11) 
Active-adult residential dwellings in accordance with the standards of this section.
(12) 
Buildings and structures related to the passenger, but not freight, rail operations of the railroad. These include, but are not limited to, platforms, enclosed waiting rooms and ticket sales offices.
(13) 
Accessory uses and accessory buildings incidental to any of the permitted principal uses, including, but not limited to, freestanding signs, surface parking and parking decks, walls and fences, kiosks, flagpoles and clock towers.
C. 
Maximum FAR: 15% for the district as a whole. Exempt from FAR calculations are the public uses referenced in Subsection B, parking decks and facilities associated with the residential component of the development, including, but not limited, to a club house and enclosed recreational facilities.
D. 
Maximum improvement coverage: 65% for the district as a whole.
E. 
Maximum nonresidential building height: 35 feet or 2 1/2 stories, whichever is less; however, residential buildings with ground floor parking may be permitted a maximum height of 45 feet or three stories, whichever is less. Parking decks shall be limited to a maximum height of 30 feet.
F. 
Maximum residential building height: no townhouse building shall exceed 40 feet in height or 2 1/2 stories, whichever is less. Residential buildings with ground floor parking may be permitted a maximum height of 50 feet or three stories, whichever is less.
G. 
Maximum density: 1.8 dwelling units per acre for the district as calculated by the gross acreage of the zone district as a whole.
H. 
Maximum development of nonresidential categories: office use and retail use shall each not exceed 60% of the nonresidential component of the district.
I. 
Maximum building area: no nonresidential building or structure shall be permitted a gross floor area in excess of 15,000 square feet.
J. 
Planned commercial development design and bulk requirements.
(1) 
District requirements:
(a) 
Minimum setback from tract boundaries: 75 feet.
(b) 
Minimum setback from Whippany River (top of bank): 100 feet (except walkway and related improvements, e.g., benches, lighting, trash receptacles).
(c) 
Minimum setback from railroad right-of-way for nonresidential buildings and structures: 100 feet (except surface parking and railroad-related improvements for passenger use). A minimum setback of 200 feet shall be maintained for all residential buildings and accessory buildings and structures associated with residential use.
(d) 
Minimum setback from open water area: 100 feet (except walkway and related improvements, e.g., benches, lighting, trash receptacles).
(e) 
Minimum setback from interior streets (public and private): 50 feet.
(f) 
Minimum distance between residential dwelling units and all nonresidential buildings and structures (except accessory buildings and structures related to residential use): 300 feet.
(g) 
Individual lot requirements. The following lot area, yard, and building and improvement coverage standards shall apply for all nonresidential development within the T-C Zone District; however, the Planning Board may waive the strict requirements of these standards when approving a general development plan for the planned commercial district:
[Amended 12-14-2017 by Ord. No. 26-2017]
[1] 
Minimum lot area. There shall be a minimum lot area of 15,000 square feet.
[2] 
Minimum lot width. There shall be a minimum lot width of 100 feet, measured at the required minimum front yard setback line. In addition, there shall be an average lot width of at least 100 feet within 150 feet of the front lot line, calculated such that there shall be at least 15,000 square feet of lot area within 150 feet of the front lot line.
[3] 
Minimum lot frontage. Each lot shall have a minimum lot frontage of 100 feet.
[4] 
Maximum building coverage. The building coverage shall not exceed 25% of the lot area.
[5] 
Maximum improvement coverage. The improvement coverage shall not exceed 70% of the lot area.
[6] 
Minimum front yard. There shall be a minimum front yard setback of 50 feet, measured from the street right-of-way line, and any road-widening easement for the street.
[7] 
Minimum side yards. There shall be two side yards, and no side yard setback shall be less than 15 feet.
[8] 
Minimum rear yard. There shall be a minimum rear yard setback of 25 feet.
[9] 
Location of parking and loading spaces. Except as provided otherwise by this chapter, parking and loading spaces shall be prohibited in the front yard. Parking and loading areas in the side and rear yards and driveways in the front yard shall be located at least 10 feet from any property line.
(h) 
General development plan.
[1] 
A general development plan shall provide for the location of all residential and nonresidential development within the district in accordance with the FAR, density and related standards contained herein. The plan shall provide for a circulation plan, including all streets, both public and private, in conformance with Township standards and, where applicable, with the requirements of New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). The plan shall also provide an open space plan for both the residential and nonresidential components of the district, including both public and privately held open space in accordance with the standards established herein.
[2] 
The plan shall further provide a utility plan for potable water and sanitary sewer lines, telephone, cable and all other utility lines which shall be located underground, together with a plan for the operation and maintenance for all utilities. The plan shall provide a stormwater management plan setting forth the proposed method of controlling and managing stormwater on site. The plan shall provide an environmental impact analysis describing the existing environmental conditions of the district. Said inventory shall include, but not be limited to, air quality; water quality; water supply; hydrology, both surface and subsurface; geology; soils; vegetation, including trees, shrubs and ground cover; wildlife and wildlife habitats; and any historical features. The plan shall provide a proposed timing schedule if construction is intended to occur over a period of years.
[3] 
There shall be no maximum FAR or limitation on maximum improvement coverage for individual lots, provided that the planned development plan conforms to a site plan and/or subdivision approved by the Planning Board in conformance with the standards established in this article. Lot widths, frontages, rear yards, side yards, front yards, lot dimensions, parking lot locations and building distances may vary from the standards of § 166-186.5 when designed as a comprehensive plan. There are no minimum distances between individual buildings except as required by applicable building and fire safety codes. The intent of this provision is to permit individual stores to exist as separate lots or to co-exist within a single tax lot. However, each individual lot shall be subject to and may only be improved in accordance with the final site plan approval for the planned commercial development in accordance with these district regulations. The Planning Board shall condition final subdivision and/or site plan approval upon submission by the applicant and approval by the Board's attorney of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances that security, exterior cleaning and other routine external maintenance, including, but not limited to, painting/repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items will be provided for the residential and nonresidential components of the district.
(2) 
Planning principles. The planned commercial development shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the district, with a strong visual identity, physically linked by pedestrian connections, plazas or other amenities, and related by a single design theme. Accordingly, the design shall be guided by the following objectives:
(a) 
The architectural style of the planned commercial development shall be designed to reflect a "main street" effect, i.e., low-scale, pedestrian-oriented through facade ornamentation, building offsets, entry treatments, signage, both facade and freestanding, street furniture, pedestrian walkways and lighting.
(b) 
Buildings shall be sited to form a progression of pedestrian-oriented open spaces with visual as well as pedestrian connections between such spaces.
(c) 
Open air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment and seating areas to provide a sense of place and orientation for its users. All retail areas shall be connected with improved pedestrian corridors as described herein.
(d) 
One or more entertainment or outdoor facilities constituting a design focus of the planned commercial development and acceptable to the Planning Board shall be provided.
(e) 
At least 20% of the district acreage devoted to commercial use shall be devoted to pedestrian spaces, including, but not limited to sidewalks in front of stores and associated landscaping and water features, including, but not limited to fountains, plazas and lawn or landscaped areas, parking islands, and entertainment and outdoor recreation amenities.
(f) 
At least 30% of the district acreage devoted to commercial use shall be devoted to preserved open space, which may include walking trails. The preserved open space should focus on the forested portion of the tract, the area surrounding the pond and the Whippany River and the area surrounding same.
(g) 
Access for service and deliveries shall not obstruct overall site traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view.
(3) 
Combination of permitted uses. Any one store and/or building may contain any number and combination of the uses permitted.
(4) 
Signs. The sign regulations of § 166-144 of this chapter shall apply; however, the Planning Board may waive all requirements regarding signs and approve a unified sign plan if submitted at the time of general plan review. A unified sign plan must include the general type, materials, method of illumination (if any), approximate location and color scheme for all signs related to the overall development plan.
(5) 
Off-street parking and loading. The off-street parking and loading requirements of §§ 166-153 and 166-155 of this chapter shall apply for all nonresidential uses; however, the Planning Board may waive all requirements regarding off-street parking and loading for nonresidential uses in favor of a unified parking and loading plan, which may include shared parking arrangements and centralized parking locations, if submitted at the time of general plan review.
(6) 
Site lighting. A unified lighting plan for the entire district, both residential and nonresidential, shall be provided. The design of the light fixtures and poles shall be subject to approval by the Planning Board. The maximum height of all pole-mounted fixtures shall not exceed 15 feet. The height of all wall-mounted light fixtures shall be determined as part of site plan review. All light fixtures shall be designed to direct illumination in a downward direction to prevent glare. Appropriate shielding shall be provided to all nonresidential light fixtures to prevent glare to the residential area of the district.
K. 
Residential development design and bulk requirements.
(1) 
Townhouse units and buildings containing no more than six units for active-adult residential use and customary related accessory uses, including a central clubhouse and recreational facilities in accordance with the following standards:
(a) 
Active adult shall mean 55 years of age or older housing so as to qualify for the "housing for older persons" within the meaning of the Fair Housing Amendments Act of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995.
(b) 
The residential portion of the district shall not exceed 40% of the gross district acreage.
(c) 
Maximum density shall be 1.8 dwelling units per acre based upon the total gross acreage of the district.
(d) 
Applicant shall verify compliance with N.J.A.C. 7:26E and any other applicable regulations for site remediation as a prerequisite for preliminary site plan/subdivision approval.
(e) 
Minimum setbacks.
[1] 
From tract boundary: 75 feet.
[2] 
From railroad right-of-way: 200 feet.
[3] 
From interior streets: 50 feet.
[4] 
From nonresidential buildings and structures: 300 feet.
(f) 
Minimum distance between buildings. The following minimum dimensions shall separate principal buildings:
[1] 
Front wall facing front wall: 45 feet any point; provided, however, that the average distance between the front walls of any two buildings shall not be less than 55 feet.
[2] 
Front wall facing rear wall: 50 feet.
[3] 
Front wall facing end/side wall: 35 feet.
[4] 
End/side wall facing end/side wall: 25 feet.
[5] 
End/side wall facing rear wall: 30 feet.
[6] 
Rear wall facing rear wall: 40 feet.
[7] 
In the event of uncertainty as to the definition of “front," "rear" or "end/side" walls, or where the angle of the walls facing each other makes the interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.
(g) 
Maximum height. No townhouse building shall exceed 40 feet in height or 2 1/2 stories, whichever is less. Residential buildings with ground floor parking may be permitted a maximum height of 50 feet or 3 1/2 stories, whichever is less.
(h) 
Accessory buildings. The location of accessory buildings and structures shall comply with the minimum building and fire safety code regulations.
(i) 
Maximum coverage by buildings and improvements. The coverage by buildings and site improvements shall be designed in conjunction with the nonresidential component of the district so as not to exceed the maximum improvement coverage limit of 65% for the entire district.
(j) 
Buffer requirements. The buffer requirements of § 166-125 of this chapter shall apply.
(k) 
Building design. Townhouses shall be designed in accordance with the standards of § 166-180.8B(13)(a) through (e). Residential buildings containing individual units shall be compatible in design with townhouse units or with a unified architectural theme acceptable to the Planning Board. All residential buildings may provide ground floor parking; however, all driveways and garage openings shall be located at the rear of the buildings with access provided from the interior streets via alleys.
(l) 
Access and circulation. The design of access and circulation improvements serving residential development in the Town Center District shall be in accordance with the requirements of New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
(m) 
Off-street parking. The amount and design of on-site parking shall be provided in accordance with the requirements of New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
(n) 
Open space. At least 30% of the district acreage devoted to residential use shall be devoted to preserved open space and/or active and passive recreational facilities; however, a clubhouse building shall not be included in this ratio.
(2) 
Community center building for active-adult residential.
(3) 
Outdoor recreation area for active-adult residential, including, but not limited to, pool and tennis courts.
As an alternative to the mixed-use planned commercial development permitted and regulated by § 166-207.2, there shall be permitted a mixed-use development in accordance with the following standards:
A. 
Permitted principal uses.
(1) 
Industrial uses permitted in the I - Industrial Zone District and meeting the performance standards of § 166-197.
(2) 
Storage and distribution warehouses.
(3) 
Offices.
(4) 
Laboratories devoted to research, design and experimentation.
(5) 
Data processing centers.
(6) 
Child-care centers.
(7) 
Buildings containing a combination of one or more of the uses in Subsection A(1) through (6) above.
(8) 
Single-family attached dwellings, also known as townhouses.
(9) 
Multifamily dwellings.
(10) 
Public uses and buildings owned or operated by the Township of Hanover or other governmental entity.
B. 
Permitted accessory uses.
(1) 
Retail sales and retail services shall be permitted only if they are accessory to a permitted principal use.
(2) 
Other accessory uses and accessory buildings incidental to any of the permitted principal uses.
C. 
Prohibited uses. Any use not specifically permitted shall be prohibited. In addition, and notwithstanding the uses permitted in Subsections A and B above, the following uses shall be specifically prohibited:
(1) 
The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, except as specifically permitted herein.
(2) 
Storage yards, except outdoor storage accessory to a permitted principal use.
(3) 
The sale or rental of motor vehicles, mobile homes, trailers and campers.
(4) 
Fuel oil dealers.
(5) 
The storage and repair of heavy construction equipment either within or outside the confines of a building, such as but not necessarily limited to dump trucks, backhoes, bulldozers, road graders, cranes, front-end loaders, flatbed trailers, portable or stationary cement mixers, compactors, rollers or blacktop paving machines.
(6) 
Trucking terminals. This prohibition is not intended to exclude warehousing and manufacturing uses to which trucking is ancillary.
(7) 
Buildings containing a combination of nonresidential and residential uses, except for a mixture of residential uses with nonresidential uses that are accessory to the residential use, such as recreational space, meeting rooms, etc., for residents.
(8) 
Any use prohibited in all nonresidential zones or throughout the Township by other regulations.
D. 
Nonresidential development standards.
(1) 
Maximum floor area, nonresidential uses: 455,295 square feet for the district as a whole. Exempt from the foregoing floor area limitation are any public uses, parking decks and any nonresidential facilities associated with residential development, including, but not limited to, a clubhouse and enclosed recreational facilities.
(2) 
Minimum office floor area: 22% of the total nonresidential floor area in the district.
(3) 
Maximum building height: 45 feet.
(4) 
Maximum improvement coverage: 65% of the tract area devoted to nonresidential use.
(5) 
Minimum setbacks for principal and accessory buildings, unless buffer or other requirements impose a greater setback:
(a) 
Seventy five feet from any public street.
(b) 
Seventy five feet from any residentially developed lot within the tract, or if the residential development within the tract is not located on a separate lot, 125 feet from any residential building.
(c) 
One hundred twenty five feet from any vacant or residentially developed property in a single-family residential zone district, including but not limited to the R-15 Zone District.
(d) 
Fifty feet for principal buildings, and 20 feet for accessory buildings, from the property of the Morristown and Erie Railroad containing railroad tracks.
(e) 
Fifty feet from Whippany River (top of bank) or other open water feature.
(6) 
No nonresidential development shall be permitted in that portion of the district located between the Morristown and Erie railroad tracks, Legion Place and the Saint Mary's Roman Catholic Church cemetery property on Legion Place.
(7) 
Minimum buffer between nonresidential and residential development. A planted buffer having a depth of at least 50 feet shall be provided between any nonresidential development and any residential development within or adjacent to the district. The buffer shall be designed to screen the nonresidential development from the view of the residential portion of the project. The foregoing buffer requirements shall not apply in the case of nonresidential development that is separated from the residential portion of the tract by the railroad property.
(8) 
Truck access. The nonresidential development shall be designed to provide primary access to the property by large trucks from streets other than Eden Lane or Parsippany Road and to discourage use by large trucks of any access driveways from such streets. The primary route of access for large trucks shall be via Apollo Drive or Rosin Road, and the developer shall make all reasonable efforts, with the cooperation of the Township, to provide such access. For purposes of administering the foregoing requirements, "large trucks" shall be construed to mean any vehicle, other than emergency vehicles, with a wheelbase of at least 30 feet.
(9) 
Parking and loading. The number and design of parking and loading spaces and driveways shall be in accordance with the provisions of Articles XV and XXIII of this chapter and any other provisions that apply generally to parking, loading and driveways, unless specifically provided otherwise by this section. In addition, parking and loading areas shall comply with the following setback requirements, unless the buffer or other requirements impose a greater setback:
(a) 
Seventy five feet from any public street.
(b) 
Fifty feet from any residentially developed lot within the tract, or if the residential development within the tract is not located on a separate lot, 75 feet from any residential building.
(c) 
Fifty feet from any property in a single-family residential zone district, including but not limited to the R-15 Zone District.
(d) 
Ten feet from the property of the Morristown and Erie Railroad containing railroad tracks.
(10) 
Signs. Signs for nonresidential development shall comply with the sign regulations applicable in the I - Industrial Zone District.
E. 
Residential development standards.
(1) 
Minimum and maximum residential area: four acres for any residential lot, or for any portion of the tract containing residential development not located on a separate lot, provided that the total area within the district developed for residential purposes shall be at least eight acres and not greater than 11 acres.
(2) 
Maximum number of dwelling units:
(a) 
For the entire district: 120 dwelling units.
(b) 
Within that portion of the district located north of the Morristown and Erie railroad tracks: 20 dwelling units.
(c) 
In any multifamily building: 50 units.
(d) 
In any townhouse or other single-family attached building: eight units.
(3) 
Maximum improvement coverage: 65% of any residential lot or portion of the tract containing residential development not located on a separate lot.
(4) 
Maximum residential building height: 45 feet and three stories.
(5) 
Minimum setbacks for principal and accessory buildings, unless buffer or other requirements impose a greater setback:
(a) 
Seventy five feet from any public street, except that the minimum setback from Legion Place shall be 50 feet.
(b) 
Seventy five feet from any nonresidentially developed lot within the tract, or if the nonresidential development within the tract is not located on a separate lot, 125 feet from any nonresidential building.
(c) 
One hundred feet from the property of the Morristown and Erie Railroad containing railroad tracks.
(d) 
Thirty five feet from any other tract boundary.
(e) 
Fifty feet from Whippany River (top of bank) or other open water feature.
(6) 
Minimum distance between buildings. The following minimum dimensions shall separate principal buildings:
(a) 
Front wall facing front wall: 45 feet any point; provided, however, that the average distance between the front walls of any two buildings shall not be less than 55 feet.
(b) 
Front wall facing rear wall: 50 feet.
(c) 
Front wall facing end/side wall: 35 feet.
(d) 
End/side wall facing end/side wall: 25 feet.
(e) 
End/side wall facing rear wall: 30 feet.
(f) 
Rear wall facing rear wall: 40 feet.
(g) 
In the event of uncertainty as to the definition of "front," "rear" or "end/side" walls, or where the angle of the walls facing each other makes the interpretation of the required setbacks uncertain, the more restrictive of possible interpretations shall apply.
(7) 
Building design standards.
(a) 
Building dimension. The horizontal dimension of buildings shall not exceed 200 feet on any facade.
(b) 
Front wall horizontal projection. At least one story of the front wall of all principal buildings shall provide a horizontal projection or recess of at least four feet perpendicular to such front wall, at intervals of no greater than 30 feet measured parallel to such front wall. Such projections or recesses shall have a horizontal dimension of at least 12 feet, measured parallel to such front wall. The projections or recesses shall extend the full vertical height of the building story.
(c) 
Front wall material. The front wall of all principal buildings shall be surfaced with at least two different materials, including but not limited to brick, wood, stucco and similar materials. Each material shall comprise at least 25% of the front wall surface area.
(d) 
Windows and doors. At least 15% of the surface area of each wall of all townhouse and apartment buildings shall be comprised of windows and doors. Both pedestrian and garage doors shall be included in determining compliance with the foregoing requirement. The wall surface area shall be measured from the ground to the roof eaves, exclusive of gables located above the roof eaves. Walls facing interior courts shall be exempted from this requirement.
(8) 
At least 100 housing units within the district shall be restricted to occupancy by persons 55 years of age or older so as to qualify for the "housing for older persons exemptions" within the meaning of the Fair Housing Amendments Act of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995.[1]
[1]
Editor's Note: See 42 USC 3601 et seq. and 24 CFR 100.300 et seq.
(9) 
Minimum gross floor area, dwelling units:
(a) 
Efficiency: 600 square feet.
(b) 
One-bedroom: 700 square feet.
(c) 
Two-bedroom: 900 square feet.
(d) 
Three-bedroom: 1,050 square feet.
(10) 
Affordable housing: At least 20 of the total housing units shall be affordable, provided that at least 15 affordable units shall have no age restriction or other occupancy restriction except as provided for family housing units by the rules of the New Jersey Council on Affordable Housing. In addition, all affordable dwelling units shall comply with all applicable rules and regulations of the N.J. Council on Affordable Housing at N.J.A.C. 5:97, of the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., the N.J. Fair Housing Act and all other applicable rules and regulations pertaining to affordable housing, all as may be amended. In case of conflict between said rules, regulations and statutes and the requirements of this article, said rules, regulations and statutes shall supersede.
(11) 
Parking and access. The number and design of parking spaces and driveways shall be in accordance with the provisions of Articles XV and XXIII of this chapter and any other provisions that apply generally to parking, loading and driveways, unless specifically provided otherwise by this section. In addition, parking areas shall comply with the following setback requirements, unless the buffer or other requirements impose a greater setback:
(a) 
Seventy five feet from any public street, except that the minimum setback from Legion Place shall be 50 feet.
(b) 
Ten feet from any other tract boundary.
(12) 
Signs. Signs for residential development shall comply with the sign regulations applicable in the R-M Zone District.
F. 
Development standards applicable to both nonresidential and residential uses.
(1) 
No buildings, parking or loading areas, or other improvements shall be permitted between the Whippany River and Eden Lane, except for underground driveways providing access from Eden Lane to the development, necessary utilities to service the development, pathways, signage, lighting, landscaping and any improvements related to the foregoing. Stormwater detention or retention basins or similar structures may be located within this area only if the same are located underground or are planted with trees and shrubbery so as to function as a buffer and landscape amenity, as determined by the Planning Board.
(2) 
Applicant shall verify compliance with N.J.A.C. 7:26E and any other applicable regulations for site remediation as a prerequisite for preliminary site plan/subdivision approval.