[Amended 11-14-2002 by Ord. No. 25-02; 2-8-2007 by Ord. No.
2-07; 9-8-2011 by Ord. No. 26-11; 3-12-2020 by Ord. No. 8-2020]
The PU Public Use District is intended to recognize and accommodate
various large-scale public or quasi-public uses in the Township, including
county and Township buildings, schools, parks and open space and major
utility operations, as well as certain quasi-public, institutional
and similar uses. The following principal uses shall be permitted
in the PU Zone District, except as may be otherwise prohibited by
this chapter:
A. Offices of municipal, county and federal government.
B. Governmental public order and safety establishments, including but
not limited to police, fire and first-aid establishments.
C. Governmental facilities designed for the installation, maintenance
and repair of public improvements, including but not limited to roadways
and bridges, utilities, buildings, parks, athletic facilities and
other open space improvements, etc.
D. Facilities of the United States Postal Service.
E. Utility facilities of the Hanover Sewerage Authority, Southeast Morris
County Municipal Utilities Authority, Town of Morristown and other
public utility facilities.
F. Parks, arboreta, athletic fields and open space facilities.
H. State-licensed nursing homes and independent/assisted living facilities as defined by §
166-4A.
J. Cemeteries.
[Added 5-12-2022 by Ord. No. 16-2022]
All accessory uses and structures which are
customarily subordinate and incidental to permitted principal uses
shall be permitted.
To the extent permitted by law, any use other than those listed in §§
166-211.1 and
166-211.2 is prohibited; provided, however, that notwithstanding the permitted principal and accessory uses provided by this article, the following uses are specifically prohibited to the extent permitted by law:
A. Bus or autobus, trolley railroad, street railway,
traction railway, charterbus or special bus terminal, parking facility,
storage or maintenance facility.
C. Natural gas transmission pumping facility or pressure
reduction facility.
D. Any facility relating to the collection, transfer,
processing, storage or disposal of solid waste or vehicles engaged
in the collection of solid waste, except such facilities operated
by the Township of Hanover.
E. A hazardous waste site or any facility relating to
the storage, transfer processing or disposal of hazardous waste.
F. Correctional institutions and similar uses.
G. Cellular telecommunications antennas, except when mounted on an existing structure and complying with §
166-138.5.
H. Any use prohibited by the Air Safety and Hazardous Zoning Act, Chapter
260 of the Laws of 1983 (N.J.S.A. 6:1-80 et seq.).
To the extent permitted by law, the following
requirements shall be complied with in the PU Zone District:
A. Schools, libraries, houses of worship, state-licensed
nursing homes, independent/assisted living facilities, state-licensed
hospitals and child-care centers shall comply with the following requirements,
in addition to all other applicable provisions of this chapter:
[Amended 2-8-2007 by Ord. No. 2-07; 6-14-2018 by Ord. No. 15-2018; 5-12-2022 by Ord. No. 16-2022]
(1)
Minimum lot area: three acres for state-licensed nursing homes,
independent/assisted living facilities, libraries and child-care centers;
five acres for houses of worship and schools; 10 acres for hospitals.
(2)
Maximum density for independent/assisted living facilities:
40 living units per acre of the lot, or 160 total living units, whichever
is less. In addition, the maximum number of bedrooms shall not exceed
the number of dwelling units multiplied by 1.25, provided that in
situations where individual bedrooms are not provided, the foregoing
limitation shall apply to the number of beds.
(3)
Maximum building coverage: 35% of the lot area, provided that
the building coverage on any lot located within 100 feet of a single-family
residential zone district shall not exceed 30% of the lot area.
(4)
Maximum improvement coverage: 65% of the lot area.
(5)
Maximum height of principal building.
(a)
Buildings located within 200 feet of property located within
a residential zone district: 40 feet.
(b)
All other buildings: 60 feet.
(c)
Equipment mounted on the roof of any building shall not be permitted
to exceed the maximum permitted building height or to exceed the actual
height of the building by more than 25% of such building height at
the location of the equipment, whichever is less. Such equipment shall
be screened from the view of adjacent streets and residential properties.
(6)
Minimum depth of front yard.
(a)
Lots in the PU Zone which are located within 100 feet of any
lot which both i) has frontage on the same street and ii) is located
in a residential zone district: 100 feet minimum front yard depth.
(b)
All other properties: one foot for each foot of building height,
or 50 feet, whichever is greater. If the building varies in height,
the setback requirement shall apply independently to each portion
of the building, based upon the height of such portion.
(7)
Minimum depth of side and rear yards.
(a)
The minimum side yard depth shall be 20 feet, except for any
side yard abutting property located in a residential zone district,
which shall have a minimum side yard depth of 75 feet.
(b)
The minimum rear yard depth shall be 30 feet, except for any
rear yard abutting property located in a residential zone district,
which shall have a minimum rear yard depth of 75 feet.
(8)
Minimum buffer. When the subject property abuts a residential
zone district, a planted buffer at least 20 feet in depth shall be
provided adjacent to the residential zone district.
(9)
Mixture of independent/assisted living units. At least 25% of
the total number of units in an independent/assisted living facility
shall be assisted living units.
(10)
Occupancy restriction. Occupancy within independent/assisted
living facilities and nursing homes shall be limited to individuals
meeting the age restrictions within the state regulations for the
facility. In the event that no such state regulations exist, occupancy
shall be limited to persons 55 years of age or older.
(11)
Affordable housing. Any independent/assisted living facility
or nursing home that is approved to contain five or more new dwelling
units and/or bedrooms shall be required to set aside a minimum percentage
of dwelling units, bedrooms, and/or beds, as applicable, for affordable
housing in accordance with the following requirements. The provision
of affordable housing shall not be construed to increase the permitted
density or floor area ratio for the development, or to otherwise alter
the requirements for such developments.
(a)
For projects in which the low- and moderate-income units are
to be offered for sale, the minimum set-aside percentage shall be
20%.
(b)
For projects in which the low- and moderate-income units are
to be offered for rent, the minimum set-aside percentage shall be
15%.
(c)
Where the set-aside percentage results in a fraction, the total
set- aside requirement shall be rounded upwards to the next whole
number.
(d)
The affordable housing set-aside shall be based upon the unit
of credit established by the New Jersey Fair Housing Act, N.J.S.A.
52:27D-301 et seq., and the rules and regulations promulgated pursuant
to the Fair Housing Act by New Jersey Council on Affordable Housing,
N.J.A.C. 5:93-1.1 et seq., the New Jersey Housing and Mortgage Finance
Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.,
as may be amended, and any successor regulation(s). For example, if
a dwelling unit is the unit of credit for a particular type of housing,
then the set-aside requirement shall apply to the number of dwelling
units. Similarly, if a bedroom or bed therein is the unit of credit
for a particular housing or assisted living arrangement, then the
set-aside requirement shall apply to the number of bedrooms and/or
beds therein, as applicable under the circumstances.
(e)
At least 50% of the affordable units within each bedroom distribution, or at least 50% of the affordable bedrooms and/or beds, as applicable based upon the unit of credit, required by this Subsection
A(11) shall be affordable to low-income households. The remainder may be affordable to moderate-income households, except that where there is an odd number of affordable housing units, bedrooms, and/or beds as applicable, the extra unit shall be a low-income unit. At least 13% of all affordable units within each bedroom distribution, or at least 13% of the affordable bedrooms and/or beds, as applicable based upon the unit of credit, shall be affordable to households of very-low-income (i.e., a household earning 30% or less of regional median income by household size). The very-low-income units, bedrooms, and/or beds, as applicable, shall be counted as part of the required number of low-income units, bedrooms, and/or beds, as applicable, within the development.
(f)
The affordability control period(s) governing the sale, resale,
rental, use and occupancy of all very-low-, low-, and moderate-income
ownership and rental units shall be for a period of at least an initial
thirty-year minimum term. The affordable control periods for ownership
and rental units are hereby established as follows:
[1] For each affordable ownership unit/bedroom, regardless
of the arrangement (i.e., alternative living, assisted living nursing
home, etc.), the initial thirty-year minimum term shall begin on the
date the first certified affordable household takes title to the specific
affordable unit/bedroom, and shall continue to run with the land such
that the affordable unit/bedroom remains affordable to very-low-,
low-, and/or moderate-income households for the entire initial thirty-year
minimum term. At the end of the initial thirty-year minimum term,
the affordable controls shall continue to remain in effect thereafter
until the Township exercises its option to either extend the affordability
control period for each respective unit/bedroom or release each respective
unit/bedroom from the affordability controls by formal adoption of
an ordinance in accordance with the New Jersey Housing and Mortgage
Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq., and any successor regulation(s). At no time shall the Township
exercise the option to extend or release an affordable unit from its
affordability controls until a reasonable time after the end of the
initial thirty-year minimum term.
[2] For each affordable rental unit/bedroom, regardless
of the arrangement (i.e., alternative living, assisted living nursing
home, etc.), the initial thirty-year minimum term shall begin on the
date the first certified affordable household occupies the specific
affordable unit/bedroom, and shall continue to run with the land such
that each unit/bedroom remains affordable to very-low-, low-, and/or
moderate-income households for the entire initial thirty-year minimum
term. At the end of the initial thirty-year minimum term, the affordable
controls shall continue to remain in effect thereafter until the Township
exercises its option to either extend the affordability control period
for each respective unit/bedroom or release each respective unit/bedroom
from the affordability controls by formal adoption of an ordinance
in accordance with the New Jersey Housing and Mortgage Finance Agency's
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and any
successor regulation(s). At no time shall the Township exercise the
option to extend or release an affordable unit from its affordability
controls until a reasonable time after the end of the initial thirty-year
minimum term.
(g)
During the initial thirty-year minimum control period, and any extended control period, the sale, resale, rental, use and occupancy of any and all affordable ownership and/or rental unit(s) shall be governed by an affordable housing deed restriction approved by the Township, the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the rules and regulations promulgated pursuant to the Fair Housing Act by New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., the New Jersey Housing and Mortgage Finance Agency's Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., any successor regulation(s), and the Township's Affordable Housing Ordinances set forth herein and at Chapter
72 of the Township Code pertaining to the specific units, as may be amended from time to time hereafter.
(12)
Architectural design. Buildings shall be designed to mitigate
the mass of large buildings through the use of varied materials, projections
and recesses of exterior walls, placement of doors and windows, and
other features, as determined by the reviewing agency.
(13)
Parking. In addition to all other applicable provisions of this
chapter, the following requirements for parking shall apply:
(a)
Minimum number of parking spaces. Residential uses shall provide the minimum number of parking spaces as required by New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq. Nonresidential uses shall provide the minimum number of parking spaces required by §
166-155.
(b)
Parking areas shall be located at least 40 feet from any street
right-of-way, exclusive of the right-of-way for Route 24, Route 178
and Route 287, at least five feet from any other lot lines and at
least 25 feet from any property line developed or zoned for primarily
residential use.
(14)
Ambulance pickup/delivery. An area or areas shall be designated
on the site for ambulance pickup. Such area shall be located and designed
to minimize detrimental impacts to adjacent or nearby residential
areas from ambulance sirens and lights, as determined by the reviewing
agency.
(15)
Signs. Schools, libraries and houses of worship and child-care centers shall be subject to the provisions of § 166-1411. State-licensed nursing homes, independent/assisted living facilities and state-licensed hospitals shall be subject to the provisions of §
166-143. In addition, all other provisions of this chapter applicable to signs shall be complied with.
B. Recognizing that governmental entities and certain
utility authorities enjoy full or partial exemption from municipal
zoning requirements, strict lot and bulk standards are not required
in the PU District for the developments of such entities; rather,
as part of any courtesy review required by N.J.S.A. 40:55D-31, the
Planning Board shall be guided by the following objectives in making
recommendations concerning the particular development:
(1)
The development shall be consistent with the
Township's Master Plan and shall consider county, regional and state
plans for the Township and shall conform with all applicable regulations
of the county, state or federal governments, as well as any regional
entities having jurisdiction.
(2)
The development shall minimize negative impacts
to the natural and man-made environment, including wetlands, areas
prone to flooding, stream corridors, steep slopes, surface and groundwater
systems, trees, threatened or endangered wildlife, historic landmarks,
existing structures, neighborhood character and the fiscal stability
of the community.
(3)
The development shall advance the purposes of
this chapter and the Municipal Land Use Law as applicable.
(4)
The area, dimensions, setbacks and other configuration
of the subject property shall be compatible with the lot patterns
established in the neighborhood and shall provide a suitable amount
of land that will enable appropriate development without undue environmental
impact.
(5)
Streets, driveways, aisles, sidewalks and other
aspects of the development shall be designed to permit the safe, efficient
and orderly movement of vehicular and pedestrian traffic; discourage
heavy volumes of through traffic or truck traffic on minor streets
and in residential areas; provide for anticipated future volumes and
speeds of traffic; and provide for adequate access and movement of
emergency and service vehicles including police and fire-fighting
equipment, school buses, street maintenance vehicles, garbage trucks,
delivery vehicles, etc.
(6)
The design of drainage improvements shall be
designed to safely accommodate anticipated stormwater flows and to
protect against flooding and flood damage.
(7)
The location and design of buildings shall encourage
the most appropriate use and development of the site and adjacent
properties; preserve and enhance natural features and the physical
environment; promote a desirable visual environment which is harmonious
with the character of existing development and which enhances the
character of the surrounding neighborhood and the Township as a whole
and avoids adversely effecting the value of adjacent or nearby properties;
use exterior colors, facade or roof materials or a combination of
colors and materials that are harmonious; create a coordinated and
harmonious appearance through the relationship of design features,
such as height and mass, building proportions, roof lines, building
projections and ornamental features.
(8)
Landscaping shall be designed to preserve and enhance the visual identity of the site, neighborhood and Township as a whole; mitigate the potentially harmful effects of soil and vegetative disturbance, lighting, and noise; buffer incompatible uses; screen various improvements, including buildings, parking and loading areas, utilities and drainage structures, storage areas, etc., from streets and adjacent properties, as appropriate; and shall not interfere with traffic safety, light fixtures, electric and telephone lines or other utilities. The buffer requirements of §
166-125 shall also be complied with.
[Amended 12-13-2001 by Ord. No. 18-2001]